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

ACTS 



E E S LV E S 



PASSED BY THE 



^cirentl df^ml u| piitBsarltujicttij, 



IN THE YEAB 



1881 



TOGETHER WITH 

THE C0XSTITUTI0:N', the messages of the GOVEIIXOR. 

LIST OF THE CIVIL GOVERNMENT, CHANGES 

OF NAMES OF PERSONS, 

ETC., ETC. 



PUBLISHED BY THE 

SECRETAEY OF THE COMMONWEALTH. 




BOSTON : 
Hantj. ^berg, Si Co., Printers to tlje CommonlaeaUfi, 

117 Franklin Street. 
1881. 



A CONSTITUTION 

OB 

FORM OF GOVERNMENT 

rOR TUB 

Commonbjcaltfj of fHassadjus^ctts* 



PREAMBLE. 



The end of the institution, maintenance and admistra- objects of gov 



ernmcnt. 



tion of government, is to secure the existence of the body 
poUtic, to protect it, and to furnish the individuals who 
compose it witli the power of enjoying, in safety and tran- 
quillity, tlieir natural rights, and the blessings of life; and 
whenever these great objects are not obtained, the people 
have a light to alter the government, and to take measures 
necessary for their safety, prospeiity and happiness. 

The body politic is formed by a voluntary association of Body politic, 
individuals : it is a social compact, by which the whole it"8^atimi' 
people covenants with each citizen, and each citizen with 
tlie whole people, that all shall be governed by certain laws 
for the common good. It is the dnty of the people, there- 
fore, in framing a constitution of government, to provide 
for an equitable mode of making laws, as well as for an im- 
partial interpretation and a faithful execution of them ; 
that every man may, at all times, find his security in them. 

We, therefore, the people of Massachusetts, acknowledg- 
ing, with grateful hearts, the goodness of the great Legis- 
lator of the universe, in affording us, in the course of his 
providence, an opportunity, deliberately and peaceably, 
without fraud, violence or surprise, of entering into an 
original, exj^licit and solemn compact with each other ; 



CONSTITUTION OF THE 

and of forming a new constitution of civil government for 
ourselves and posterity ; and devoutly imploring his direc- 
tion in so interesting a design, do agree upon, ordain and 
establish the following Declaration of Rights and Frame of 
Government^ as the Constitution of the CojVDION- 

WEALTH OF MASSACHUSETTS. 



Er|iiali(y and 
n^iiui'.'xl righta 
of all men. 



Right and duty 
of public reli- 
gious worship. 



Trotection 
therein. 



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



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



PART THE FIRST. 

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

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

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

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



COMMONWEALTH OF MASSACHUSETTS. 



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

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

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

And every denomination of Christians, demeaning themselves peace- 
ably, and as good subjects of the Commonwealth, shall be equally 
under the protection of the law : and no subordination of any one sect 
or denomination to another shall ever be 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 ren- 
dered to the public ; and this title being in nature neither 
hereditary, nor transmissible to children or descendants, 
or relations by blood, the idea of a man born a magistrate, 
lawgiver or judge, is absurd and unnatural. 

VII. Government is instituted for the common good ; 
for the protection, safety, prosperity and happiness of the 
people ; and not for the profit, honor or private interest of 
any one man, family or class of men : Therefore the people 
alone have an incontestable, unalienable and indefeasible 
right to institute government ; and to reform, alter or totally 
change the same, when their protection, safety, prosperity 
and happiness require it. 



and to enjoin ak 
tendance there- 



Exclusive riglit 
of electing reli- 
gious teachers 
secured. 

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



All denomina. 

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



Accountability 
ofallofficers,&o. 



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



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



CONSTITUTION OF THE 



Right of people 
to secure rota- 
tion in ofllce. 



All, having the 
qualificationa 
prescribed, 
equally eligible 
to oilice. 



Right of protec- 
tion and duty of 
contribution 
correlative. 



Taxation found- 
ed on consent. 



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



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



Prosecutions 
regulated. 



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

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

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

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

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



COMMONWEALTH OF lAIASSACHUSETTS. 



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. 

XIIL 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 contrar5^to this right, if the cause or founda- 
tion of them be not previously supported by oath or 
affirmation, and if the order in the warrant to a civil officer, 
to make search in suspected places, or to arrest one or 
more suspected persons, or to seize their property, be not 
accompanied with a special designation of the persons or 
objects of search, arrest or seizure : and no warrant ought 
to be issued but in cases, and with the formalities, pre- 
scribed by the laws. 

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

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

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

XVIII. A frequent recurrence to the fundamental 
principles of the constitution, and a constant adherence to 
those of piety, justice, moderation, temperance, industry 
and frugality, are absolutely necessary to preserve the ad- 
vantages of libertj^, and to maintain a free government. 
Tlie people ought, consequently, to have a particular atten- 
tion to all those piinciples, in the choice of their officers 
and repfbsertatives : and they have a right to require of 
iheir lavv^hers am) magistrates, an exact and constant ob- 
servtM;kOft ol" Menj, "i/i the formation and execution of the 



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



Crimes to be 
proved in the 
vicinity. 



Right of search 
and seizure reg- 
ulated. 



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



Liberty of the 
press. 



Right to keep 
and bear arms. 
Standing arraiei 
dangerous. 

Military power 
subordinate to 



Moral qualifica. 
tions for office. 



Moral obliga- 
tions of law- 
givers and 
magistrates. 



COXSTITUTIOX OF THE 



Right of people 
to instruct vcp- 
rc'sentativca and 
petition legisla- 
ture. 



Power to BU8- 

pend the laws or 
their execution. 



Freedom of de- 
bate, &c., and 
reason thereof. 



Frequent ees- 
BioDS, and ob- 
jects thereof. 



Taxation found- 
ed on consent. 



Ex post facto 
laws prohibited. 



Legislature not 
to convict of 
treason, &c. 

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

No BoMicr to bo 
quartered In any 
liouse, unless, 



Citizens exempt 
from law-inar- 

tlul, UUlcHB, &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 cases only as the legislature shall ex- 
pressly provide for. 

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

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

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

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

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

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

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

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



COMMONWEALTH OF MASSACHUSETTS. 



XXIX. It is essential to the preservation of the rights 
of every individual, his life, liberty, property and charac- 
ter, that there be an impartial interpretation of the laws, 
and administration of justice. It is the right of every 
citizen to be tried by judges as free, impartial and inde- 
pendent as the lot of humanity will admit. It is, there- 
fore, not only the best policy, but for the security of the 
rights of the people, and of every citizen, that the judges 
of the supreme judicial court should hold their offices as 
long as they behave themselves well, and that they should 
have honorable salaries ascertained and established by 
standing laws. 

XXX. In the government of this Commonwealth, the 
legislative department shall never exercise the executive 
and judicial powers, or either of them: the executive shall 
never exercise the legislative and judicial powers, or either 
of them : the judicial shall never exercise the legislative 
and executive powers, or either of them : to the end it may 
be a government of laws, and not of men. 



Judges of su- 
preme judicial 
court. 



Tenure of their 
ofQce. 



Salaries. 



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



PART THE SECOND. 

The Frame of Government. 

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



Title of bod> 
politic. 



CHAPTER I. 
THE LEGISLATIVE POWEE. 

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 year on the see amend- 

last Wednesday in May, and at such other times as they ^^'^^' ^'^- ^ 
shall judge necessary ; and shall dissolve and be dissolved 

2 



10 



CONSTITUTION OF THE 



Governor'avcto. 



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



Bee amend. 
ments, Art. I. 



General court 
may constitiiie 
Judicatories, 
courts of record, 
&c. 



•Courts, &c., 
may inliuiuistcr 
oullia. 



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

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

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

III. The general court shall forever have full power 
and authority to erect and constitute judicatories and courts 
of record, or other courts, to be held in the name of the 
Commonwealth, for the hearing, trying and determining 
of all manner of crimes, offences, pleas, processes, plaint.?, 
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 there u])on : to which 
courts and judicatories are hereby given and granted full 
power and authority, from time to time, to administer 
oaths or affirmations, for the better discovery of truth in 
any matter in controversy, or depending before thein. 

IV. And further, full power and authority are hereby 



COMMONWEALTH OF MASSACHUSETTS. 



11 



given and granted to the said general court, from time 
to time, to make, ordain and establish all manner of whole- 
some and reasonable orders, laws, statutes and ordinances, 
directions and instructions, either with penalties or with- 
out, so as the same be not repugnant or contrary to this 
constitution, as they shall judge to be for the good and 
■welfare of this Commonwealth, and for the government 
and ordering thereof, and of the subjects of the same, and 
for the necessary support and defence of the government 
thereof; and to name and settle annually, or provide by 
fixed laws, for the naming and settling, all civil officers 
within the said Commonwealth, the election and constitu- 
tion of whom are not hereafter in this form of government 
otherwise provided for ; and to set forth the several duties, 
])0wers 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 Avithin the Commonwealth, taken 
anew once in every ten years at least, and as much oftener 
as the general court shall order. 



General court 
may euact laws, 
&c., 



not replicant 
to the constitu- 
tion; 



may provide for 
tlie election or 
appointment of 
officers ; 



prescribe their 
duties ; 



impose taxes ; 



duties and 
excises ; 



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



Valuation of es- 
tates once in ten 
years, at iecst, 
-wliiie, &c. 



12 



CONSTITUTION OF THE 



Senate, number 
of, and by ■whom 
elected. 

Pfii amend- 
ments, Arts. 
Xlil.. XVI. 
aud XX U. 



Counties to be 
districts, until, 
&c. 

See amend- 
ments. Arts. 

xm.andxxn. 



Manner and 
time of cLoosing 
senators and 
councillors. 

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



Fee amend- 
ments, Arts. III., 
XX., XXIII. 
and XXIV. 



Word " inhabit- 
itnt " detined. 



CHAPTER T. 
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 geneial court, 
in assigning the numbers to be elected by the respective districts, 
shall govern themselves by the projwrtion of the public taxes paid by 
the said districts; and timely make known, to the inhabitants of the 
Commonwealth, the limits of each district, and the number of coim- 
cillors and senators to be chosen therein: provided, that the number 
of such districts shall never be less than thirteen; and that no district 
be so large as to entitle the same to choose more than six senators. 

And the several counties in this Commonwealth shall, until the 
general court shall determine it necessary to alter the said districts, 
be districts for the choice of councillors and .senators, (excejit that the 
counties of Dukes county and Nantucket shall form one district for 
that pm-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- 
ty and Nantucket, one; "Worcester, five; Cumberland, one; Lincoln, 
one; Berkshire, two.] 

II. The Senate shall be the first branch of the legisla- 
ture ; [and the senators shall be chosen in the following 
manner, viz. : there shall be a meeting on the first JMonday 
in April, annually, forever, of the inhabitants of each town 
ill 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 
tlie Commonwealth, of the annual income of three pounds, 
oi' any estate of the value of sixty pounds, shall have a 
right to give in his vote ior the senators for the district of 
which he is an inliabitant] And to remove all doubts 
concerning ilie meaning of the word "inhabitant," in this 
constitution, every person shall be considered as an inhab- 
itant, for the purpose of electing and being elected into 
any office or place within this State, in that town, district 
or ])lantation where lie dwelleth or hath his home. 

The selectmen of the several towns shall preside at such 



COMMONWEALTH OF MASSACHUSETTS. 



13 



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

And the inhabitants of plantations unincorporated, qual- 
ified as this constitution provides, who are or shall be 
empowered and required to assess taxes upon them- 
selves toward the support of government, shall have the 
same privilege of voting for councillors and senators, in 
the plantations where they reside, as town inhabitants 
have in their respective towns ; and the plantation meet- 
ings for that purpose shall be held, annually, [on the same 
first Monday in April,] at such place in the plantations, 
respectively, as the assessors thereof shall direct ; which 
assessors shall have like authorit}^ for notifying the elect- 
ors, collecting and returning the votes, as the selectmen 
•and town clerks have in their several towns, by this 
constitution. And all other persons living in places unin- 
corporated, (qualified as aforesaid,) Avho 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. 

HI. And that there may be a due convention of sen- 
ators [on the last Wednesday in Ma}^] 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 da}^ 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. rr. 



Amendments, 
Art. X. 



Inhabitants of 
unincorpoj-atcd 
plantations, who 
pay State taxes, 
may vote. 



Plantation meet- 
ings. 

See amend- 
ments. Art. X. 



Assessors to 
notify, &c. 



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

See amend- 
ments. Art. X. 



14 



CONSTITUTION OF THE 



Si-iiate to be 

final judge of 
ek'Clioiis, &c., 
ot°iU3 owu uicui- 
bcre. 



Sec amend- 
menls, ^Vils. 
X., XIV. aud 
XXIV. 

Vacancies, how 
fiUcd. 



Qualifioalions of 
B eeuatur. 
See aiUL'iid- 
incntB, Arts. 
XIll. aud XXII. 



Senate not to ad- 
J'.uni mure lliun 
I wo days. 



Bliall clioosc itB 
oll'iccrs and cs- 
labliiih im ruleu. 



B'.iall iry all Un- 
(tuuuhiuenU. 



be chosen by a majority of voters, to attend on that day, 
and take their seats accordingly ; [provided, nevertheless, 
that for the first year, the said returned copies shall be 
examined by the president and five of the council of the 
former cojistitution of government ; and the said president 
shall, in like manner, issue his summons to the persons so 
elected, that the}' 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 ; aud shall, on the said [last 
Wednesday in May,] annually, determine and declare who 
are elected by each district to be senators, [by a majority 
of votes : and in case there shall not appear to be the full 
number of senators returned, elected by a majority of 
votes, for any district, the deficiency shall be supplied in 
the following manner, viz. : The members of the house of 
representatives, and such senators as shall be declared 
elected, shall take the names of such persons as shall be 
found to have the higliest 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 oi 
the State or otherwise, shall be supplied as soon as may 
be after such vacancies shall happen.] 

V. Provided, nevertheless, that no person shall be 
capable of being elected as a senator, [who is not seised 
in his own right of a freehold, within this Commonwealth, 
of the value of three hundred pounds at least, or possessed 
of personal estate to the value of six hundred pounds at 
least, or of both to the amount of the same sum, and] who 
has not been an inhabitant of this Commonwealtli for the 
space of five years immediately preceding his election, 
and, at the time of his election, he shall be an inhabitant 
in the district for which he shall be chosen. 

VI. The senate shall liave 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 oflicers, and determine its own rules of proceed- 
ings. 

VIII. The senate shall be a court with full authority 
to hear and determine all impeaclmients made by the 



COMMONWEALTH OF MASSACHUSETTS. 



15 



house of representatives, against any ofEcer or officers of 
the Commonwealth, for misconduct and mal-administration 
in their offices: but, previous to the trial of every impeach- oath. 
ment, the members of the senate shall, respectively be 
sworn, truly and impartially to try and determine the 
charge in question, according to evidence. Their judg- 
ment, however, shall not extend further than to removal 
r'rom office, and disqualiiication to hold or enjoy any place 
of honor, trust or profit, under this Commonwealth : but 
the party so convicted shall be, nevertheless, liable to 
indictment, trial, judgment and punishment, according to 
the laws of the land. 

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



Limitation of 
sentence. 



Quorum. 



CHAPTER I. 

Section IH. 

House of Representatives. 

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

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

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

And the house of representatives shall have power, from Towns iiabie to 

time to time, to impose fines upon such towns as shall neglect ^"® ''^ °^*^' ^'^' 
to choose and return members to the same, agreeably to 
this constitution. 

The expenses of travelling to the general assembly, and Expense of trav 

returning home, once in every session, and no more, shall from^the general 

be paid by the government, out of the public treasury, to court, how paid 
every member who shall attend as seasonably as he can, in 



Representation 
of tlie people. 



Representa- 
tives, by whom 
chosen. 



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



Proviso as to 
towns having 
less than 150 
ratable polls. 



16 



CONSTITUTION OF THE 



Qimliflcatlnnn of 
u icpri'Mcnta- 
livc. !?«• 
iimfiulinciits, 
Ail><. Xill., 
XJV.mulXXI. 



Qualifications of 
a voter. 



See amend- 
ments, Arts. III., 
XX. and XXUI. 
Ueprescnta- 
tives, when 
chosen . 
Sec amend- 
ments, Arts. X. 
and XV. 

Ilouse tilime can 
impeach. 



House to origi- 
nate all money 
bills. 



Not to adjourn 
more tliau two 
d.iys at a time. 



Quorum. 
See amciid- 
mculH, Art. 
XXI. 

House to judge 
ofj^returns, &o., 
of'us own mem- 
bers ; to clioose 
hi- oflicers and 
eciahlich Us 
rules, 8ic. 
May punish for 
Ctnuin oU'ences. 



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

III. Every member of the house of representatives shall 
be chosen by wiitten votes ; [and, for one year at least next 
preceding his election, shall have been an inhabitant of, and 
jjave been seised in his own right of a freehold of the vahie 
of one hinulred 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 rei)resent the said town, 
immediately on his ceasing to be qualified as aforesai(h] 

[IV. Every male person being twenty-one years of age, and real • 
dent in any particular town in tliis Commonwealth, for the spac(» of 
one year next preceding, having a freehold estate within the same 
town, of the annual income of three pounds, or any estate of the value 
of sixty ]iound3, 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 impeacliments 
made by them shall be heard and tried by the senate. 

VII. All mone}' bills shall originate in the house of 
representatives ; but the senate ma}' propose or concur 
wilh 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 
sliall 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, a])i)oint their own ojBQcers, 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 otJier 
person, ordered to attend the house, in his way in going 
or returning; or who shall rescue an}- person arrested by 
the order of the house. 



COMMONWEALTH OF MASSACHUSETTS. 



17 



And no member of the house of representatives shall be rri\niogc8of 
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 Senate. 
cases ; and the governor and council shall have the same Oo^L'rnor and 

1. • ^ • T-i 'ITT • council may 

authority to punish m like cases: provided, that no im- punish, 
prisonment, on the warrant or order of the governor, coun- Oonwai umita- 
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 Tnai may vie i.j 
determine all cases where their rights and privileges are oti™rwi8?.' °'^ 
coucerued, 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. 



CHAPTER n. 



EXECUTIVE POWER. 



Section I. 



Governor. 

Art. I. There shall be a supreme executive magistrate. Governor, 
who shall be styled — The Governor of the Common- Histitie. 
wealth of Massachusetts ; and whose title shall be — 
His Excellency. 

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



To be chosen 
annually. 

Qualifications. 



See amende 
ments, Art.VII 



[Til. Those persons who shall be qualified to vote for senators and By whom 
representatives, within the several towns of this Commonwealth, shall, have^a majority 
at a meeting to be called for that purpose, on the first Monday of April, of votes.' 
annually, give in their votes for a governor, to the selectmen, who 
shaU preside at such meetings ; and the town clerk, in the presence See amend- 
and with the assistance of the selectmen, shall, in open town meeting, mente, Arts. II., 
sort and count the votes, and form a list of the persons voted for, with xv."^^" '^'^ 
the mmaber of votes for each person against his name ; and shall make 
a fair record of the same in the town books, and a pubhc declaration 
3 



18 



CONSTITUTION OF THE 



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



thereof in the said meeting; and shall, in the presence of the inl)abit- 
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 AVednesday in May; and the sheriff shall transmit the 
same to the secretaiy's office, seventeen days at least before the said 
last Wednesday in May; or the selectmen may cause returns of the 
same to be made, to tlie office of the secretary of the Commonwealth, 
seventeen days at least before the said day; and the secretary shall lay 
the same before the senate and the house of representatives, on the last 
Wednesday in May, to be by them examined; and in case of an elec- 
tion by a majority of all the votes returned, the choice shall be by 
iTo-F uhosen, them declared and published; but if no person shall have a majority 
T\L(r.. no person of votes, the house of representatives shall, by ballot, elect two out of 
bfts a majority. ^^^^ persons, who had the highest number of votes, if so many shall 
have been voted for; but if otherwise, out of the number voted for; 
and make return to the senate of the two persons so elected; on which, 
the senate shall proceed, by ballot, to elect one who 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 May ; and, in 
the recess of the said court, to prorogue the same from time 
to time, not exceeding ninety days in any one recess ;] and 
to call it together sooner than the time to which it mav 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 ia 
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 tlie governor shall dissolve the said general court on the day 
next preceding the last Wednesday in May.] 

VI. In cases of disagreement between the two houses, 
with regard to tlie necessity, expediency or time of adjourn- 
ment or prorogation, the governor, witli advice of the 
council, shall have a right to adjourn or prorogue the gen- 



May adjourn or 
prorotriie the 
general court 
upon n'quc'st, 
and convene the 
same. 
See amend- 
DiCUtB, Art. X. 



Bee amcnd- 
DieiitB, Art. X. 



Governor and 
rouncll may ad- 
journ the gcn- 
rral court in 
euHri!, &c., but 



COMMONWEALTH OF MASSACHUSETTS. 



19 



era! court, not exceeding ninety days, as he shall determine 
the public good sliall require. 

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

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

Vni. The power of pardoning offences, except such 
as persons may be convicted of before the senate, by an 
impeachment of the house, shall be in the governor, by and 



not exceedinj» 
ninety days. 



Governor to be 
commander-in- 
chief. 



Limitation. 



Governor iiuil 
council may pui 
dou offences, 
except, itc 



20 



COXSTITUTIOX OF THE 



But not before 
convictiou. 



All judicial ofil- 
cers, &c., how 
nominated and 
ai 'pointed. 
See amend- 
ments, Arts. 

XI^^, xvu, 

ftBiXlX. 



Militia ofiicerB, 
how elected. 

See amend- 
meuts, Art. V. 



How commla- 
Bioned. 



Election of 
officers. 



Major-generals, 
how appointed 
and commis- 
sioned. 

Vacancies, how 
filled, iu case, 
&c. 



OflScers duly 
commissioned, 
how removed. 
Sec amend- 
ments, Art. IV. 

Adjutants, &c., 
how apiJointed. 



Adjutant-gen- 
eral. 

Array ofliccrs, 
how appointed. 



Organization of 
uilitia. 



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

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

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

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

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

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

[And no officer, duly commissioned to command in the militia, shall 
be removed from his office, but by the address of both houses to the 
governor, or by fair trial in court-martial, pursuant to the laws oi 
the Commonwealtii 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. 

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



COMMONWEALTH OF MASSACHUSETTS. 21 

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

XI. No moneys shall be issued out of the treasury of Money, how 

Til IT ic^ , 1 drawn from thu 

this Commonwealth and disposed oi (except such sums as treasury, ex- 
may be appropriated for the redemption of bills of credit ''^^*' 
or treasurer's notes, or for the payment of interest arising 
thereon,) but by warrant under the hand of the governor 
for the time being, with the advice and consent of the 
council, for the necessary defence and support of the Com- 
monwealth, and for the protection and preservation of the 
inhabitants thereof, agreeably to the acts and resolves of 
the general court. 

XII. All public boards, the commissary-general, all PuWic wds 

T-'-zY' ciT • 1 1 ^^'^ certain om- 

superintending omcers oi public magazines and stores, be- cerstomake 
longing to this Commonwealth, and all commanding officers uamsf' ^ '^*'' 
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 quantit}^, 
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 aftef 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 q^^^^^ ^^ ^^^^ 
should not be under the undue influence of any of the emor. 
members of the general court, by a dependence on them 

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



22 



CONSTITUTION OF THE 



Salaries of jua- 
tices of supreme 
judicial court. 

Salaries to be 
enlarged, if in- 
tufllcieut. 



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 coui-t shall judge proper. 



CHAPTER n. 
Section II. 



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

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



How chosen. 



President of 
council. 

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



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



Lieutenant- Governor. 

Art. I. There shall be annually elected a lieutenant- 
governor of the Commonwealth of Massachusetts, whose 
title shall be — His Honor ; and who shall be qualified, in 
point of religion, property, and residence in the Common- 
wealth, in the same manner with the governor ; and the 
day and manner of his election, and the qualifications of 
the electors, shall be the same as are required in the elec- 
tion of a governor. The return of the votes for this officer, 
and the declaration of his election, shall be in the same 
manner ; [and if no one person shall be found to have a 
majority of all the votes returned, the vacancy shall be 
filled by the senate and house of representatives, in the 
same manner as the governor is to be elected, in case no 
one person shall have a majority of the votes of the people 
to be governor.] 

II. The governor, and in his absence the lieutenant- 
governor, shall be president of the council, but shall have 
no vote in council ; and the lieutenant-governor shall always 
be a member of the council, except when the chair of the 
governor shall be- vacant. 

HI. 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 inciiin- 
bent upon the governor, and sliall have and exercise all the 
powers and authorities, which, by this constitution, the 
governor is vested with, when personally present. 



COMMONWEALTH OF MASSACHUSETTS. 



23 



CHAPTER n. 

Section III. 

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

Art. I. Tliere sliall be a council, for advising the gov- coundi. 
ernor in tlie executive part of the government, to consist see amend- 
of [nine] persons besides the lieutenant-governor, whom ra™'^^^"^''^- 
the governor, for the time being, shall have full power and 
authority, from time to time, at his discretion, to assemble 
and call together ; and the governor, with the said coun- 
cillors, or five of them at least, shall and may, from time 
to time, hold and keep a council, for the ordering and direct- 
ing the affairs of the Commonwealth, according to the 
laws of the land. 

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

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

[ IV. Not more than two councillors shall be chosen out of any one No district to 
district of this Commonwealth. ] i^^ve 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 may be called for, at any time, by either 

house of the legislature ; and any member of the council 
may insert his opinion, contrary to the resolution of the 
majority. 

VI. Whenever the office of the governor and lieuten- Council to cxer 
ant-governor shall be vacant by reason of death, absence, o/gov« 
or otherwise, then the council, or the major part of them, '"**''• ^'^• 
shall, during such vacancy, have full power and authorit3\ 
to do and execute, all and every such acts, matters and 
things, as the governor or the lieutenant-governor might, 
or could, by virtue of this constitution, do or execute, if 
they, or either of them, were personally present. 



Number; fiom 
whom, und 1jo\» 
chosen. 

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



Senators becdin- 
ing councillors, 
seats vacated. 



Rank of council- 
lors. 



else the power 
rnor, iu 



24 



COXSTITUTIOX OF THE 



Elections may 
bt; adjourned 
until. Sic. 



Ordnr thereof. 

-SincnilmcntB, 
Arts. XVI. and 
XXV. 



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



Secretary, &c. ; 
by whom and 
liow chosen. 
Boo amend- 
ments, Arts. rV. 
and XVU. 

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



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



CHAPTER n. 
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 Commonweallh may be assured, 
from time to time, that the moneys remaining in the pub- 
lic treasury, upon the settlement and liquidation of the 
public accounts, are their property, no man shall be eligi- 
ble as treasurer and receiver-general more than five years 
successively. 

II. The records of the Commonwealth shall be kept in 
the office of the secretar}^ 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- 
pi cssed. 

Judicial officers 
to bold office 
(lurinj; good be- 
havior, except, 
Sec. 



May be removed 
ou addreuB. 



JUDICIARY POWER. 

Art. I. The tenure that all commission officers shall by 
law have in their offices sliall be expressed in their respec- 
tive commissions. All judicial ofticers, 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 couzicil, 
may remove them upon the address of both houses of the 
legislature. 



COMMONWEALTH OF MASSACHUSETTS. 



25 



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

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

IV. The judges of probate of wills, and for granting 
letters of administration, shall hold their courts at such 
place or 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- 
prcme judicial 
court tl) give 
opinions when 
req^uircd. 



Justices of the 
poace; tenure 
of theii' oHice. 



Provisions for 
holding probate 
courts. 



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



CHAPTER IV. 



DELEGATES TO CONGEES S. 



[The delegates of this Commonwealth to the congi-ess of the United Delegates to 
States shall, some time in the month of June, annually, be elected by congress, 
the joint ballot of the senate and house of representatives assembled 
together in one room; to serve in congress for one year, to commence 
on the first Monday in November then nest ensuing. They shall 
have commissions under the hand of the governor, and the gi'eat 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 uniyeesity at ca3ibridge, and encouragement 
of literature, &c. 

Section 1. 
The University. 
Art. I. Whereas our Avise and pious ancestors, so early Harvard 'Ui\, 
as the year one thousand six hundred and thirtj^-six, laid ^''^^' 



20 



CONSTITUTION OF THE 



Powers, privi- 
leges. &c.,of the 
president and 
ic'llows, con- 
llrnicd. 



Property de- 
vised. 



Gifts, grants, 
and conveyances 
confirmed. 



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



Overseers est.ab- 
\ished by consti- 
lulioii. 



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. 

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



COMMONWEALTH OF MASSACHUSETTS. 



27 



be, and hereby are, vested with all the powers and author- 
ity belonging, or in any way appertaining, to the over- 
seers of Harvard College: provided, that nothing herein Power of aitem 
shall be construed to prevent the legislature of this Com- IbTicgSu'Je.^ 
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 lettei-s, in as 
full a manner as might liave 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 iegi.«ia. 
erally among the body of the people, being necessary for t^JfeVm'lntu-*' 
the preservation of their rights and liberties; and as these ture periods. 
depend on spreading the opportunities and advantages of m?nt™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, art , sciences, commerce, trades, 
manufactures, and a natural history of the country; to 
countenance and inculcate the principles of humanity and 
general benevolence, public and private charity, industry 
and frugality, honest}^ 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 OF OFFICERS ; PROVISION FOR A FUTURE RE- 
VISAL OF THE CONSTITUTION, &C. 

Art. I. [Any person chosen governor, lieutenant-governor, coun- 
cillor, senator or representative, and accepting the trust, shall, before 



Decl.arntion of 
executive anrl 



CONSTITUTION OF THE 



legislative offi- 
cers. 

See amend- 
ments, Art. Vn. 



Declaration and 
oatbs of all ofli- 
cers. 



See amend- 
ments, Art. VT. 



Bee nmcnd- 
Bcnts, Art. VI. 



he proceed to execute the duties of his place or office, make and sub' 
scribe the following declaration, viz.: 

" I, A. B., do declare, that I believe the Christian religion, and have 
a firm persuasion of its truth; and that 1 am seised and possesse.l, 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, first elected under 
this constitution, before the president and five of the council of the 
former constitution; and forever afterwards, before the governor and 
council for the time being.] 

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

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

" I, A. B., do solemnly swear and affirm, that I will 
faithfully and impartially discharge and perform all the 
duties incumbent on me as , according to 

the best of my abilities and understanding, agreeably to 
the rules and regulations of the constitution, and the laws 
of the Commonwealth. So help me, God." 

[Provided, always, that when any person, chosen or appointed as 
aforesaid, sliall be of the denomination of tlie people called Quakers, 
and shall decline taking the said oaths, he shall make his affirmation 
in the foregoing form, and subscribe tiie same, omitting the words, " 1 
do swear," "and abjure," "oath or," "and abjuration," in the 
first oath; and in the second oath, the words "swear and," and iu 



COMMONWEALTH OF MASSACHUSETTS. 



25 



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 affirmation's 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 hj 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 they hold any 
other place or office, or receive any pension or salary from 
any other State, or government or power, whatever. 

No person shall be capable of holding or exercising at 
the same time, within this State, more than one of the fol- 
lowing offices, viz.: judge of probate, sherijBP, 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 tlie 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 nnd nffli 
Illations, how 
administered. 



Phirality of (-fTl 
ccsprobibilc'i! it 
governor, &e., 
except, &c. 

Ilee amend- 
ments, Art. 
VIII. 



Same subject. 



Incompatible 
offices. 

See amend- 
ments, Art. 
Vm.and 
XXVII. 



Same eubjnot 



GO 



CONSTITUTION OF THE 



Bribery, &c., 
opcnitcs dis- 
qualilication. 



Value of money 
ascertained. 
Property quali- 
fica'ions. 

Sie amend- 
mcntf, Art. 
XIII. 



Provisions re- 
Bpecting com- 
missions. 



Provisions re- 
epectlng writs. 



accept a seat in council ; or any councillor shall accept of 
either of those oflfices 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 Commonwe?.lth, who shall in the 
due course of law, have been convicted of bribery or cor- 
ruption, in obtaining an election or appointment. 

III. In all cases where 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 propertj', 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 Bay, and usually practised on in the courts 
of law, shall still remain and be in full force, until altered 
or repealed by the legislature ; such parts only excepted as 
are repugnant to the rights and liberties contained in this 
constitution. 

VII. The privilege and benefit of the writ of habeas 
corpus shall be enjoyed in this Commonwealth, in the most 
free, easy, cheap, expeditious and ample maimer ; 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 — "Beit enacted by the 
Senate and House of Representatives, in General Coui-t 
assembled, and by the authority of the same." 

omccrs of for- U^' To the end there may be no failure of justice, or danger arise 
mur government to the Commonwealth, from a change of the form of government, all 
continued until, officers, civil and military, holding commissions under tlio government 
and Dcople of Massachusetts Bay, in New England, and all other offi- 



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



Benefit of 
habeas corpus 
secured, except, 
&c. 



Tlie enacting 
style. 



8.0. 



COMMONWEALTH OF MASSACHUSETTS. 



31 



ceTrt of the said government and people, at the time this constitution 
shed take effect, shall have, hold, use, exercise and enjoy all the i^owers 
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 gei\eral court, and the supreme and 
executive officers under tliis constitution, are designated and invested 
with their respective trusts, powers and authority. 

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

be made therem, as well as to form such alterations as from experience ments, Art. IX. 

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

And if it shall appear, by the returns made, that two-thirds of the Same 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 puwishinfrhs 
a part of the laws of the land ; and printed copies thereof constitution. 
shall be prefixed to the book containing the laws of this 
Commonwealth, in all future editions of the said laws. 



ARTICLES OF AMENDMENT. 



Art. I. If any bill or resolve shall be objected to, and 
not approved by the governor ; and if the general court 
shall adjourn within five days after the same shall have 
been laid before the governor for his approbation, and 
thereby prevent his returning it with his objections, as 
j)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 
authority to erect and constitute municipal or city govern- 
ments, in any corporate toAvn or towns in this Common- 



Bill, &c.,not ap- 
I)rovcd witiiin 
Ave days, not to 
become a law, if 
legislature ad- 
journ in the 
meantime. 



General <.ourt 
empowered to 
charter cities. 



82 



CONSTITUTION OF THE 



Proviso. 



Qualifications of 
voters for gover- 
nor, lieutenant- 
governor, sena- 
tors and repre- 
eentatives. 11 
Picls. 638. 
See amend- 
ments, Arts. 
XX., XXIII. 
and XXVI. 



Notaries public, 
how appointed 
and removed. 



Vacancies in tlie 
cfiices of secre- 
tary and trca.s- 
urer, how tilled 
in case, &c. 
See amend- 
ments, Art. 

xvn. 



"wealth, and to giant to the inhabitants thereof such powers, 
privileges and immunities, not repugnant to the constitu- 
tion, as the general court shall deem necessary or expedient 
for the regulation and government thereof, and to prescribe 
the manner of calling and holding public meetings of the 
inhabitants in wards or otherwise, for the election of offi- 
cers under the constitution, "and the manner of returning 
the votes given at such meetings : provided, that no such 
government shall be erected or constituted in any town not 
containing twelve thousand inhabitants ; nor unless it be 
with the consent, and on the application, of a majority of 
the inliabitants of such town, present and voting thereon, 
pursuant to a vote at a meeting duly warned and holden for 
that purpose ; and provided, also, that all by-laws, made 
by such municipal or city government, shall be subject, at 
all times, to be annulled by the general court. 

Art. III. Every male citizen of twenty-one years of 
age and upwards, (excepting paupers and persons under 
guardianship,) who shall have resided within the Common- 
wealth one 3'ear, and within the town or district, in which 
he may claim a right to vote, six calendar months next pre- 
ceding any election of governor, lieutenant-governor, sen- 
ators or representatives, and who shall have paid, by him- 
self, or his parent, master or guardian, any state or county 
tax, which shall, within two years next preceding such elec- 
tion, have been assessed upon him, in any town or district 
of this Commonwealth; and also, every citizen who shall 
be by law exempted from taxation, and who shall be in all 
other respects qualified as above mentioned, shall have a 
right to vote in such election of governor, lieutenant-gov- 
ernor, senators and representatives; and no other person 
shall be entitled to vote in such elections. 

Art. IV. Notaries public shall be appointed by the 
governor, in the same manner as judicial officers are ap- 
pointed, and shall hold their offices during seven years, 
unless sooner removed by the governor, with the consent 
of the council, upon the address of both houses of the 
legislature. 

[In case the ofTice of secretary or treasurer of the Coniinoinvealth 
sliall become vacant from any cause, durinj^ the recess of tlie i::eneral 
court, the governor, with the advice and consent of the council, shall 
nominate and a]>iK)int, under such regulations as may be prescribed 
by hiw, a competent and suitable person to such vacant ollice, who 
shall hold the same until a successor shall be appointed by the general 
court.] 

Whenever the exigencies of the Commonwealth shall 



COxMMONWEALTH OF MASSACHUSETTS. 



33 



case, &c. 

commissioned to command in the militia, Miiitia officers, 

how removed. 



require the appointment of a commissary-general, he shall S?^j"\*^a^'i 
be nominated, appointed and commissioned, in such maj^ appointed, in 
ner as the legislature may, by law, prescribe. 

All officers 
may be removed from office in such manner as the legisla 
ture ma}-, by law, prescribe. 

Akt. V. In the elections of captains and subalterns of fo?e°apiafnrlLa 
tJie militiii, all the members of their respective companies, Bubaiicms. 
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 presciibed w^^n'officer^.'" 
by the constitution, the following oath shall be taken and 
subscribed by every person chosen or appointed to any 
office, civil or military, under the government of this Com- 
monwealth, before he shall enter on the duties of his office, 
to wit : — 

" I, A. B., do solemnly swear, that I will bear true faith 
and allegiance to the Commonwealth of Massachusetts, and 
will support the constitution thereof. So help me, God." 
J-*rovided^ That when any person shall be of the denomi- Proviso: Qua- 
nation called Quakers, and shall decline taking said oath, ^^^r may anirm. 
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 
tinder the pains and penalties of perjury." 

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

Art. VIII. No judge of any court of this Common- 
wealth, (except the court of sessions,) and no person 
holding any office under the authority of the United States 
(postmasters excepted,) shall, at the same time, hold the 
office of governor, lieutenant-governor or councillor, or 
have a seat in the senate or house of representatives of 
this Commonwealth; and no judge of any court in this 
Commonwealth, (except the court of sessions,) nor the at- 
torney-general, [solicitor-general, county-attorney,] clerk 
of any court, sheriff, treasurer and receiver-general, register 
of probate, nor register of deeds, shall continue to hold his 
said office after being elected a member of the Congress of 
the United States, and accepting that trust ; but the accept- 

5 



Incompatibility 
of offices. 



84 



CONSTITUTION OF THE 



Amendments to 
constitution, 
Low made. 



ance of such trust, b}' any of the officers aforesaid, shall be 
deemed and taken to be a resignation of his said office ; 
[and judges of the courts of common pleas shall hold no 
other office under the government of this Commonwealth, 
the office of justice of the peace and militia offices ex- 
cepted.] 

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

Art. X. The political year shall begin on the first 
Wednesday of January, instead of the last Wednesday of 
May ; and the general court shall assemble every year on 
the said first Wednesday of January, and shall proceed, at 
that session, to make all the elections, and do all the other 
acts, wliich are by the constitution required to be made and 
done at the session which has heretofore commenced on 
the last Wednesday of May. And the general court shall 
be dissolved on the day next preceding the first Wednesday 
of January, without any proclamation or other act of the 
governor. But nothing herein contained shall prevent the 
general court from assembling at such other times as they 
shall judge necessary, or when called together by the gov- 
ernor. The governor, lieutenant-governor and councillors, 
shall also hold their respective offices for one year next 
following the first Wednesday of January, and until others 
are chosen and qualified in their stead. 

Meetings for the [The inectiiiof for the clioice of c^overnor, lieutenant-governor, sen- 
flu.iiie of >;ovci-- atoi's uiul reprcsLMitatives, sliall l>o iioKl on tlie second Monday of No- 
KovLmoi-rs:c.',''' veuiber hi every year; but meetings may be adjoui-ued, if necessary, 



Commencement 
of political year, 



and termination. 



COMMONWEALTH OF MASSACHUSETTS. 



35 



for the choice of representatives, to the next day, and again to the when tobeiioUi. 

next succeeding day, but no further. But in case a second meeting ^';'*y ^" «<ijoiiin 

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

shall be held on the fourth Monday of the same month of November.] mcnts, An. XV 

All the [other] provisions of the constitution, respect- 
ing the elections and proceedings of the members of the 
general court, or of any other officers or persons whatever, 
that have reference to the last Wednesday of May as the 
commencement of the political year, shall be so far altered, 
as to have like reference to the first Wednesday of Jan- 
uary. 

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

All the provisions of the existing constitution, inconsist- inconsistent 

. , ,'■ . . , . " . T 11 in provisions an- 

ent with the provisions herein contained, are hereby wholly nuiied. 
annulled. 

Aet. XI. Instead of the third article of the bill of S^°t^4-'''*" 
rights, the following modification and amendment thereof ^»^ci. 
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 unhicorporate, 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 the}'" shall file with the clerk of such society a written 
notice declaring the dissolution of their membership, and 



86 



CONSTITUTION OF THE 



Census of rata- 
ble polls to be 
taken in ]8.'j7, 
and clecennlally 
thereafter. 



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

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



Fractions, how 
represented. 



Towns may 
unite into repre- 
Bentative dis- 
tricts. 



The governor 
and council to 
determine the 
number of rep. 
rcBcntntives to 
■whicli each town 
is entitled. 

New apportion- 
ment to he made 
once in every ten 
y^ars. 



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

[Art. 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 legislatm-e shall provide, 
within the month of May, in the year of our Lord one thousand eight 
hundred and thii-ty-seven, and in every tenth year thereafter, in the 
month of IMay, in manner aforesaid: and each town or city having 
three hunched ratable polls at the last preceding decennial census of 
polls, may elect one representative, and for every four hundred and 
fifty ratable polls, in addition to the first tliree hundred, one represent- 
ative more. 

Any town having less than three himdred ratable polls shall be rep- 
resented thus : The whole ntmiber of ratable polls, at the last preced- 
ing decennial census of polls, shall be multiplied by ten, and the product 
divided by three hundred; and such toT\Ti 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 number of poUs beyond the necessary num- 
ber, may be represented, as to that surplus number, by multiplying 
such surplus number by ten, and dividing the product by four himdred 
and fifty; and such city or town may elect one additional representa- 
tive as many yeai-s, 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 until the nex^ ecemiial 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, "VNathin the 
months of July and August, in the year of our Lord one thousand 
eight Imndred and thirty-seven, according to the foregoing principles, 
the number of representatives which each city, to^NTi 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, toAvn and repre- 
sentative district may elect an additional representative ; and where 
any town 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 coimcil, and tlie number of ratable 
polls in each decennial census of polls shall determine tlie number of 
representatives which each city, town and representative district may 
elect as aforesaid; and when the nmnber of representatives to be 



COMMONWEALTH OF MASSACHUSETTS. 



37 



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

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

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

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

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

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

Any two or more of the several towns may, by consent of a major- 
ity of the legal voters present at a legal meeting, in each of said towns, 
respectively, called for that purpose, and held before the first day of 
August, in the year one thousand eight hundred and forty, and every 
tenth year thereafter, form themselves into a representative district, to 
continue for the term of ten years; and such district shall have all 
the rights, in regard to representation, which would belong to a town 
containing the same number of inhabitants. 

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

In the year of each decennial census, the governor and council shall, 
before the first day of September, apportion the niimber 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 large, on the first Wednesday of January, or as soon thereafter as 
may be, by the joint ballot of the senators and representatives, as- 



Inconsistent 

provisions an- 
nulled. 

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

xxn. 

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

xxn. 

House of reprfr. 
scntatives, how 
apportioned. 
See amend- 
ments, Art. 
XXI. 

Small towns, 
how represent- 
ed. 



Towns may 
unite into repr* 
eentative dis- 
tricts. 



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



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

Councillors to 
be chosen from 
the people at 
large. 



38 



CONSTITUTION OF THE 



See amcnd- 
mentB, Art. 
XVI. 

QiiulificaUons of 
bouucillors. 



Freehold as a 
qualificatiou iiol 
required. 



Elections by the 
people to be by 
plurality of 
votes. 



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



Eight council- 
lors to be chosen 
by the people. 



Le^slature to 
district state. 



EllgiblUty de- 
Oncd. 



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 lias 
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 j^ession 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, hotvever, that if, at any time, the 
constitution shall provide for the division of the Common- 
wealth into forty senatorial districts, then the legislature 
shall so arrange the councillor districts, that each district 
shall consist of five contiguous senatorial districts, as they 
shall be, from time to time, established by the legislature. 
No person shall be eligible to the office of councillor who 
has not been an inhabitant of the Commonwealth for tlie 
term of five years immediately preceding his election. The 
da}'' and manner of tlie election, the return of the votes, 
and the declaration of the said elections, shall be the same 
as are required in the election of governor. Whenever 
there shall be a failure to elect the full number of council' 



COMMONWEALTH OF MASSACHUSETTS. 



59 



lors, the vacancies shall be filled in the same manner as is Vacancies, hovi 
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 
may be no delay in the organization of the government on Organization of 
the first Wednesday of January, the governor, with at least '^ so^emmtn 
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 Wednesdfiy 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 pul)lished ; but in case there shall be no election of 
either of said officers, the legislature shall proceed to fill 
such vacancies in the manner provided in the constitution 
for the choice of such officers. 



Vacancies, bo'W 
filled. 



Art. XVn. The secretary, treasurer and receiver-gen- Election of sec- 
eral, auditor, and attorney-general, shall be chosen annu- errauditm-^and 
ally, on the day in November prescribed for the choice of aibythepeoplq 
governor ; and each person then chosen as such, duly qual- 
ified in other respects, shall hold his office for the term of 
one year from the third Wednesday in January next there- 
after, and until another is chosen and qualified in his stead. 
The qualification of the voters, the manner of the election, 
the return of the votes, and the declaration of the election, 
shall be such as are required in the election of governor. 
In case of a failure to elect either of said officers on the 
day in November aforesaid, or in case of the decease, in the 
mean time, of the person elected as such, such officer shall 
be chosen on or before the third Wednesday in January 
next thereafter, from the two persons who had the highest 
number of votes for said offices on the day in November 
aforesaid, by joint ballot of the senators and representatives, 
in one room ; and in case the office of secretary, or treasurer 
and receiver-general, or auditor, or attorney-general, shall 
become vacant, from an}'' cause, during an annual or special 
session of the general court, such vacancy shall in like 
manner be filled by choice from the people at large ; but if 
such vacancy shall occur at any other time, it shall be sup- 
plied by the governor by appointment, with the advice and 



40 



CONSTITUTIOX OF THE 



To qualifvwlth- 
In ten d;iys, 
otherwise oflice 
to be deemed va- 
cant. 



QuoUfication 

lequisite. 



School inonej* 
not to bo ap- 
plied for secta- 
rian schools. 



consent of the council. The person so chosen or ap« 
pointed, duly qualified in other respects, shall hold his 
office until his successor is chosen and duly qualified in his 
stead. In case any person chosen or appointed to either 
of the offices aforesaid, shall neglect, for the space of ten 
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 eitlier of said offices unless he shall have been 
an inhabitant of this Commonwealth five years next pre- 
ceding his election or appointment. 

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

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

Art. XX. No person shall have the right to vote, or 
be eligible to office under the constitution of this Common- 
wealth, who shall not be able to read the constitution in 
the English language and write his name : provided, hoiv- 
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 ccusus of the legal votcrs of cach clty 
bnbitan^"? whe"n and town, ou the first day of May, shall be taken and re- 
tuken.ic. turned into the office of the secretary of the Common- 

Bee General wealth, on or before the last day of June, in the 3'ear one 
tat.ciaptcr . ^|^yj^,^^^jj^| eight huudrcd and fifty-seven; and a census of 
the inhabitants of each city and town, in the year one 



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



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



COMMONWEALTH OF MASSACHUSETTS. 



41 



thousand eight hundred and sixty-five, and of every tenth 
year thereafter. In the census aforesaid, a special enumer- 
ation shall be made of the legal voters ; and in each city 
Siiid 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 
territor}'-, so as to apportion the representation assigned to 
each county equally, as nearly as may be, according to the 
relative number of legal voters in the several districts of 
each county ; and such districts shall be so formed that no 
town or ward of a city shall be divided therefor, nor shall 
any district be made which shall be entitled to elect more 
than 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 reprp«jent such district when he shall cease to 
be an inhabitant of the Commonwealth. The districts in 
each county shall be numbered by the board creating the 

6 



House to consist 
of 240 members ; 
representativea 
to be appor- 
tioned upon 
basis of legal 
voters. 



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



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



Proceedings. 



Qualifications of 
representativea. 



Districts to ba 
numbered, de- 



42 



CONSTITUTION OF THE 



scribed and cer- 
tiiiod. 



One hundred 
niurnbors a 
quorum. 



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



Census of voters 
and inhabitants 
to be taken. 



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



Senate to consist 
of 40 members. 



Senatorial dis- 
tricts, &c. 



Proviso. 



Quallflcationa of 
senators. 



Sixteen mem- 
beru a quorum. 



AnT. XXII. A census of the legal voters of each city 
and town, on the first day of May, shall be taken and re- 
turned into the office of the secretary of the Common- 
wealth, on or before the last day of June in the year one 
thousand eight hundred and fifty-seven; and a census of 
the inhabitants of each city and town, in the year one 
thousand eight hundred and sixty-five, and of every tenth 
year thereafter. In the census aforesaid, a special enumer- 
ation shall be made of the legal voters, and in each city 
said enumeration shall specify the number of such legal 
voters aforesaid, residing in each ward of such cit3^ 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 diotrict to contain, as 
nearly as may be, an equal number of legal voters, accord- 
ing to the enumeration aforesaid : 2)rovidcd, hou'cvi^r, that 
no town or ward of a city shall be divided therefor ; and 
such districts shall be formed, as nearly as may be, with- 
out uniting two counties, or parts of two or more counties, 
into one district. Each district shall elect one senator, 
who shall have been an inhabitant of this Commonwealth 
five years at least immediately preceding his election, and 
at the time of his election shall be an inhabitant of the 
district -for which he is chosen ; and he shall cease to rep- 
resent such senatorial district when he shall cease to be an 
inhabitant of the Commonwealth. Not less than sixteen 
senators shall constitute a quorum for doing business ; but 
a less number may organize temporarily, acljourn from dxy 
to day, and compel the attendance of absent members. 



COMMONWEALTH OF MASSACHUSETTS. 



43 



[Art. XXTTT. No person of foreign birth shall be entitled to vote, 
or shall be eligible to office, unless he shall have resided within the 
jurisdiction of the United States for two years subsequent to his natu- 
ralization, and shall be otherwise quaUlied, according to the constitu- 
tion and laws of this Commonwealth: provided, that this amendment 
shall not affect the rights which any person of foreign birth i)Ossessed 
at the time of the adoption thereof ; and, provided, further, that it sliall 
not aft'ect the rights of any child' of a citizen of the United States, born 
during the temporary absence of the parent therefrom.] 

Art. XXIV. Any vacancy in the senate shall be filled 
by election by the people of the unrepresented district, 
upon the order of a majority of senators elected. 

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

Art. XXVI. The twenty-third article of the articles of 
amendment of the constitution of this Commonwealth, 
which is as follows, to wit : " No person of foreign birth 
shall be entitled to vote, or shall be eligible to office unless 
he shall have resided within the jurisdiction of the United 
States for two years subsequent to his naturalization, and 
shall be otherwise qualified, according to the constitution 
and laws of this Commonwealth : provided, that this 
amendment shall not affect the rights which any person 
of foreign birth possessed at the time of the adoption 
thereof; and 2^rovf(iec?,/wr^/2er, that it shall not affect the 
lights 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 ('ommonwealth as relates to 
persons holding the office of president, professor or in- 
structor of Harvard College, is hereby annulled. 



Residence of 
two years re- 
quired of natu- 
ralized citizen, 
to entitle to su*" 
frageor make 
eligible toollioo. 
See amendment, 
Art. XXVI. 



Vacancies in the 
senate. 



Vacancies in the 
council. 



Twenty-third 
article of amend- 
ments annulled. 



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



THE FRAMING AND POPULAR ADOPTION OF THE 
CONSTITUTION. 

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



14 CONSTITUTION OF THE 

day of ]March, 1780, when the coiiveution adjourned to meet on the 
first AVeduesday of the ensuing Juno. In the meantime the Constitu- 
tion was submitted to tiie people, to be adopted by tliem, provided 
two-tliirds 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 nmnber 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 pm-pose, 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 delegatea 
in convention assembled, November lo, 1S20, 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, i-espectively, and was approved and rati- 
fied by the people. May 11, 1831. 

The eleventh Ai'ticle 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 183G, and was approved and ratified by the people, the 
fourteenth day of November, 183G. 

The thirteenth Article was adopted by the legislatures of the politi- 
cal years 1839 and 18-10, and was approved and ratified by the people, 
the sixth day of April, 1810. 

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

The twentieth, twenty-first and twenty-second Articles were ado]>ted 
by the legislatures of the political years 185G and 1857, and were ap- 
proved and ratified by the people on the first day of May, 1857. 

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



COMMONWEALTH OF MASSACHUSETTS. 45 

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

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

The twenty-sixth Article was adopted by the legislatures of the 
political years 18G2 and ISGo, and was approved and ratified by the 
people on the sixth day of Api'il, 1863. 

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



INDEX TO THE CONSTITUTION. 



A. 

Address of both liouses of the legislature, judicial officers may be 

removed by governor with consent of council upon, 
Adjutant-general, appointed by the governor. 
Adjutants, to be appointed by commanding officers of regiments, 
Affirmations, instead of the required oaths, may be made by Quakers, 
Agricultui'e, arts, commerce, &c., to be encouraged, 

Alimony, divorce, &c., 

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 
jDroposition 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, 

Apportionment of councillors, 23, 37; 

state to be divided into eight districts, 

Apportionment of senators, 12 

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

districts, 

Apportionment of representatives, 15, 36, 

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

sent of the legislature, 

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

Arrest, members of house of representatives exempted from, on 

mesne process, while going to, returning from, or attending 

the general assembly, 

Arrest, search and seizure, right of, regulated, 

warrant to contain special designation, 

Attorney-general, to be chosen by the people annually in November, 
to hold office for one year from third Wednesday in January 
next thereafter, and until another is chosen and qualified, . 

election determined by legislature, 

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

votes at November election 

47 



Vaga 

24 

20 

20 

28, 33 

27 
25 



34 

38, 39 

39 

37,42 

42 

37,41 

41 

7 
7 



17 

7 

7 

20,39 

39 
39 



39 



48 



INDEX TO THE CONSTITUTION. 



A.ttomey-General, vacancy occurring during session of the legislature 
filled by joint ballot of legislature from tbe 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 office for one year from third Wednesday in January 
next thereafter, and until another is chosen and qualified 

election determined by legislature, 

vacancy filled in same manner as in office of attorney-general, 

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

office to be deemed vacant if person elected or appointed fails 
to be qualified within ten days, 



Pagf 

39 

39 

40 

40 
40 
39 

39 
39 
39 

40 

40 



B. 

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

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

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

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

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

that time expires, 10, 31 

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

Body politic, formation and nature of, 3 

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

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



c. 

(jensus of ratable polls, 36 

of inhabitants, . 37, 40, 41, 42 

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

tenth year thereafter, 40, 42 

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

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



INDEX TO THE CONSTITUTION. 49 

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

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

by a plurality of votes, 3S 

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 
Commissary-general, appointed and commissioned as fixed by law, 24, 33 
Commission officers, tenure of office to be expressed in commissions, 2t 
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, . ... 3b 
Constitution, amendment to, proposed in the general court, agreed 
to by a majority of senators and two-thirds of the house 
present and voting thereon by yeas and nays ; entered upon 
the journals of both houses, and referred to the next gen- 
eral court : if the next general court agrees to the propo- 
sition in the same manner and to the same effect, it shall 
be submitted to the people, and, if approved by them by a 
majority vote, becomes a part of the constitution, . . 34 

Constitution, provisions for revising, 31, 34 

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

printed in all editions of the laws, 31 

Coroners, 20 

Corruption or bribery used in procuring any appointment or election, 

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

Council, five members to constitute a quorum, 23 

eight councillors to be elected annually, 23, 38 

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

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

by the members present, 23 

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

lieutenant governor is vacant, 23 

no property qualification required, 38 

eight districts to be formed, each composed of five contiguous 

senatorial districts, 38 

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

term of office, >4 



50 INDEX TO THE CONSTITUTION. 



Pag« 



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 with advice of 

council, 43 

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

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

judges not to hold certain other offices, 33 

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

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

Courts, probate, provisions for holding, .25 

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

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

may administer oaths or affirmations, 10 

Crimes and offences, prosecutions for, regulated, 6 

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

D. 

Debate, freedom of, in the legislature, 8 

Declaration of the rights of the inhabitants, 4 

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

Delegates to congress, 25 

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

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

senatorial districts, 38 

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

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

several counties, 87, 41 

Divorce, alimony, &c., . . 25 

E. 

Educational interests to be cherished - 27 

Elections ought to be free, *. 

Elections, by the people, of civil officers provided for by the constitu- 
tion, to be by plurality of votes, 33 

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

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

fourth Monday of November, 88 

Election returns, 13, 39 

Enacting style of laws, established 80 

Equality and natural rights of all men, 4 



INDEX TO THE CONSTITUTION. 51 

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

Ex postrfacto laws, declared unjust and oppressive, .... 8 

F. 

Felony and treason, no subject to be declared guilty of, by the 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 frequent recurrence to, 

recommended, 7 

G, 

Gteneral 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, &<;., to be used for the public service, . . 11 
to be dissolved on the day next preceding the first Wednesday 

of January, 18, 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 be removed upon address of, . . . 24 
person convicted of bribery not to hold seat in, . . . . 30 
may increase property qualifications of pei-sons 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 fi-ee, sovereign and independent state, 5 

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

His Excellency ; elected annually, 17 

qualifications, — to have been an inhabitant of the state for 

seven years, and have freehold of £1,000 value, . . .17, 33 

term of office. 34 

should have an honorable stated salary, 21 

the commander-in-chief of the ai-my 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 ofSces, 29 

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

of the two houses of assembly, 29 

to sign all commissions, 30 

election determined by the legislature, 39 

veto power, 10 

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

vacancy in office of governor and lieutenant-governor, powers 

to be exercised by the council, 23 

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

members of the council, 18 

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



H. 

Habeas corpus, privilege of writ to be enjoyed 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, 26 

board of overseers established, but the government of the 

college may be altered by legislature, 26, 27 

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

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

a representation of the people annually elected and founded 

upon the principle of equality, 15 

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

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

the government, - . 15 

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

large upon records, 10 

qualifications of members, 16, 38, 41 

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

an inhabitant of the state, 41 

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

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

the grand inquest of the commonwealth, 14, 16 

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

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

to choose officers, establish its rules, 16 

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

privileges of members, 17 

may require the attendance of secretary of the commonwealth 

in person or by deputy, 24 

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

occasions, 25 

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

first Monday of November, 38 

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

Monday of November, 38 



64 INDEX TO THE CONSTITUTION. 



Pago 



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

to relative numbers of legal voters, 41 

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

be divided, 41 

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



I. 

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

indictment, 14, 15 

Incompatible offices, 29, 33 

" Inhabitant," the word defined, 12 

Inhabitants, census to be taken in 1SG5, and every tenth year there- 
after, 86, 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 offices, . . . . 29, 33 
Judges of the supreme judicial court, to hold office during good 
behavior, and to have honorable salaries, established by 

standing laws, 9, 22, 24 

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

legislature, 25 

not to hold certain other offices, 29 

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

may administer oaths or affirmations, 10 

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

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

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

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

of both houses of the legislature, 24 

Jury, trial by, right secured, 7 

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

of appointment, but may be renewed, 25 



INDEX TO THE CONSTITUTION. 65 

L. 

Page 

Law-martial, only those employed in tlie 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, C 

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 office, 34 

I>iterature and the sciences to be encouraged, 27 

M. 

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

concurrent vote, 20 

may' appoint their aids, 20 

Marriage, divorce and alimony, 25 

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

legislature, 8 

Military power, subordinate to civil authority, 7 

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

limits of the state, . 19 

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

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

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

brigadiers, elected by field officers, 20 

major-generals, elected by senate and house of representativ<'S 

by concurrent vote, 20 

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



66 INDEX TO THE CONSTITUTION. 

rag« 

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

appoint officers, 20 

officers commissioned to command may be removed as may be 

prescribed by law, 20, 33 

appointment of staff-officers, 20 

organization; divisions, brigades, regiments and companies, . 20, 21 
Money, issued from treasury by warrant of governor, &c., ... 21 
Jloney 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, .... 10 
Moneys, raised or appropriated for public or common schools, not to 

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

Moi-al 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 

o. 

Oaths and affirmations, may be administered by courts and judica- 
tories, . . . ' 10 

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

forms of, 27, 28, 33 

Quakers may affirm, 28, 33 

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

Objects of government, 3, 5 

Offences and crimes, prosecutions for, regulated, 6, 7 

Office of ti-ust, person convicted of b.ibery, &c., not to hold, . . 30 

Office, rotation in, right secured, 6 

all persons having the prescribed qualifications equally eligible 

to, 6 

no person eligible to, unless they can read and write, . . 40 
Offices, plui'ality of, prohibited to govei'uor, 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, 
Officers of former government, continued. 
Officers of the militia, election and appointment of, 

removal of, 

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



INDEX TO THE CONSTITUTION. 67 



P. 

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

not before conviction, 19, 20 

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

and independent state, 5 

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

instruct their representatives, and to petition legislature, . 8 

Person and property, remedy for injuries should be in the laws, . 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, 36 

Preamble to constitution, 3 

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

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

Probate courts, provisions for holding, 25 

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

judges may not hold certain other offices, 33 

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

partially abolished, 38 

Prosecutions for crimes and offences regulated, 6 

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

Public officers, right of people to secure rotation, 6 

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

Public religious worship, right and duty of, 4 

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

Q. 

Quakers, may make affirmation, 28, 33 

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

Qualification, property, partially abolished, 38 

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

of governor, 17, 40 

of lieutenant-governor, 22, 40 

of councillors, 38, 39 

of senators, 14, 37, 42 

of representatives, . . 15, 38, 41 

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



58 INDEX TO THE CONSTITUTION. 

Page 

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



R 

Ratable polls, census of, 86 

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

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

signed by members present, 23 

Registers of probate, chosen by the people of the several counties, 20, 40 

Religious denominations, equal protection secured to all, . . . 5, 35 
Religious sect or denomination, no subordination of one to another to 

be established by law, 5, 36 

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

membership of, defined, 35 

Religious worship, public, right and duty of, and protection therein, . 4 
support of the ministry, and erection and repair of houses of 

worship, 4, 5, 35 

Remedies by recourse to the law, to be free, complete and prompt, . 6 
Representatives (see House of Representatives). 
Resolves (see Bills and Resolves). 

Returns of votes, 13, 17, 39 

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

Rights, declaration of, 4 



s. 

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

permanent and honorable salaries to be established for the 
justices of the supreme judicial court, and to be enlarged 

if not sufficient, 9, 22 

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

Searcli, seizure and aj-rcst, right of, regulated, 7 

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

in Xovembor, 24, 09 

to hold office for one year from third Wednesday in January 

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



INDEX TO THE CONSTITUTION. 59 

Page 

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

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

joint ballot of legislature from the two persons having the 

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

vacancy occurring during session of the legislature, filled by 

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

council, 32, 39 

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

preceding election or appointment, 40 

office to be deemed vacant if person elected or appointed fails 

to be qualified within ten days, 40 

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

by deputies, as they shall require, 24 

to attest all commissions, 30 

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

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

Self-government, right of, asserted, 5 

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

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

to be chosen annually, 12 

governor and at least five councillors, to examine and count 

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

their own members, 14 

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

order of majority of senators elected, 14, 43 

qualifications of a senator, 14, 38 

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

to choose its officers and establish rules, 14 

shall try all impeachments, 14, 16 

sixteen members constitute a quorum, 15 

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

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

occasions, 25 

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

resolve, at large on records, 10 

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

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

apportionment based upon legal voters, 42 

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



60 INDEX TO THE COXSTITUTIOX. 

Page 

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

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

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

consent of owner, 8 

Solicitor-general, 20 

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

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

Supreme judicial court, judges to have honorable salaries fixed by 

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

not to hold certain other offices, 29 

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



T. 

Taxation should be founded on consent, 6, 8 

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

representatives, 8 

may be imposed by the legislature, 11 

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

years, 11 

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

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

Tests abolished, 33 

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

Title of governor to be, — His Excellency, 17 

Title of lieutenant-governor to be, — 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, 09 

to hold office for one year from third Wednesday in January 

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

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

preceding election or appointment, 40 

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



INDEX TO THE CONSTITUTION. n 

Fago 

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 having tlie 

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

vacancy occurring during session of the legislature, filled by 

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

the council, 32, 39 

oflSce to be deemed vacant if person elected or appointed fails 

to be qualified within ten days, 40 

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

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

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



u. 

University at Cambridge, 25, 26, 27, 43 



V. . 

Vacancy in oflSce of governor, povrers to be exercised by lieutenant- 
governor, 22 

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

exercised by the council, 23 

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

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

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

Vacancy in office of secretary, treasiirer, 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 oflBce, filled by govtrnor and council, if electors 

neglect or refuse to make election, 20 

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

Veto power of the governor, 10 

Voters, qualifications of, at elections for governor, lieutenant-gover- 

.j^or, senators and representatives, . .12, 13, 15, 16, 32, 40, 43 



62 INDEX TO THE CONSTITUTION. 

Pag« 
Voters, male citizens, twenty-one years of age, wlio have resided in tlie 
state one year, and witliin tlie town or district six montlis, 
wlio have paid a state or county tax wltliin two years next 
preceding tlie election of state oflQcers, 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, 16, 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 1S65, and every tenth year after, 41, 42 

Votes, returns of, 13, 17, 39 

Votes, plurality of, to elect civil officers, 38 



w. 

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

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

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

Writing and reading, necessary qualifications for voting, or holding 

office, 40 



Y. 

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



GENERAL STATUTES AND SPECIAL ACTS 

OF 

MASSACHUSETTS. 
1881. 



8^ The General Court of 1881 assembled on Wednesday, the fifth 
day of January. The oaths of office required by the Constitution to 
be administered to the Governor and Lieutenant-Governor elect were 
taken and subscribed by his Excellency John D. Long and his 
Honor Byuon Weston, on Thursday, the sixth day of January, in 
the presence of the two Houses assembled in convention. 



ACTS, 



GENERAL AE'D SPECIAL. 



An Act making appropriations for the maintenance of the (JJidv) \ 

GOVERNMENT FOR THE PRESENT YEAR. 

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

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



LEGISLATIVE DEPARTMENT. 

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

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

For the salary of the sergeant-at-arms, two thousand five 
hundred 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 
house, two dollars and one-half per diem for each day 
employed. 



Clerks of senate 
and house. 

Assistant 
clerks. 

Sergeant-at- 
arms. 

Engineer. 



Watcbiuen. 



Assistant 
watchman. 



Fireman and 
janitor. 



Assistant 
fireman. 



348 



1881. — CHArTER 1. 



Lieutenant- 
governor and 
council. 



Private 
secretary. 

Messenger and 

assistant 
messenger. 



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, nine hundred dollars, and for the salary of the 
assistant messenger, seven hundred dollars. 



Secretary. 
First clerk. 
Second clerk. 
Third clerk. 



Additional cleri- 
cal assistance. 



Indexing 
archives. 



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 depart- 
ment, 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 clei'k 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. 

For the salar}^ of the clerk employed under resolve chap- 
ter eleven of the acts 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: eleven hundred dollars. 



Treasurer. 
First clerk. 
Second clerk. 
Cashier. 



Additional cleri- 
cal assistance. 



treasurer's department. 

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

For the salary of the first clerk in the treasurer's depart- 
ment, 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 treasu- 
rer'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. 



1881. — Chapter 1. 349 

TAX commissioner's BUREAU". 

For the salary of the deputy tax commissioner and com- Deputy tax 

c ,• j.'ii 1 111 commissioner. 

missioner or corporations, two thousand seven hundred 
and fifty dollars. 

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

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

For such additional clerical assistance as the tax com- Additional cieru 
missioner and commissioner of corporations may find ne- '=^' ''*»'»^»°'^^' 
cessary, a sum not exceeding eleven thousand dollars. 

auditor's department. 

For the salary of the auditor of accounts, two thousand Auditor. 
five hundred dollars. 

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 in the auditor's Additional cieri- 
department, one thousand one hundred dollars each ; and ""^^ assistance. 
for such additional clerical assistance as the auditor may 
find necessary, a sum not exceeding five hundred dollars. 

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 on savings banks, commissioners 

five thousand six hundred dollars. banks'/"^' 

For the salaries of the clerks of the commissioners on cierks. 
savings banks, one thousand six hundred 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- First cierk. 
missioner, one thousand eight hundred dollars. 

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

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



350 



1881. — Chapter 1, 



Additional cleri- 
cal assiiitaiice. 



Inspector of 
gas-meters., 

Secretary of 
commissioners 
on prisons. 

Clerk. 



Railroad 
commissioners. 



Clerk. 



Accountant. 



Aggayer and 
inspector of 
liquors. 

Bureau of sta- 
tistics of labor. 

First clerk. 



Additional cleri- 
cal assistance. 



For such additional clerical assistance as the insurance 
commissioner may find necessary, a sum not exceeding 
seven thousand dollars. 

For the salaries of the inspector and assistant inspector 
of gas-meters, three thousand two hundred dollars. 

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

For the salary of the clerk of the commissioners of 
prisons, seven hundred 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 assayer and inspector of liquors, 
five hundred dollars. 

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

For the salary of the first clerk in the bureau of sta- 
tistics on the subject of labor, one thousand five hundred 
dollars. 

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



secretary. 

Clerk. 



Additional cleri- 
cal assistance. 



Board of 

education. 

Secretary. 



Assistant 
librarian. 



Additional cleri- 
cal assistance. 



AGRICULTURAL DEPARTMENT. 

For the salary of the secretary of the board of agri- 
culture, two thousand dollars. 

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

For the compensation of other clerical services in the 
office of the secretary of the board of agriculture, and for 
lectures before the board, a sum not exceeding four hun- 
dred dollars. 

EDUCATIONAL DEPARTMENT. 

For the salary and expenses of the secretary of the 
board of education, two thousand nine hundred dollais, 
to be paid out of the moiet}'^ of the school fund applicable 
to educational purposes. 

For the salary of the assistant librarian and clerk of the 
board of education, two thousand dollai-s. 

For such additional clerical assistance in the state library 
as may be found necessary, a sum not exceeding two thou- 
sand dollars. 



1881. — Chapter 1.- 



351 



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. 

For the salary of the additional clerk appointed under 
chapter one hundred and seventeen, acts of eighteen hun- 
dred and seventy-nine, one thousand six hundred dollars. 

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

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

For such additional clerical assistance as the adjutant- 
general may find necessary, a sura not exceeding three 
thousand dollars. 

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



Adjutant- 
gonoral. 

First clerk. 



Second clerk. 



Additional 
clerk. 



Extra clerks. 



Messensrer. 



Additional cleri 
cal assistance. 



Employes at 
arsenal. 



MISCELLANEOUS. 

For salary and expenses of the commissioners on state 
aid, a sum not exceeding three thousand five hundred 
dollars. 

For compensation and expenses of the commissioners 
on fisheries, a sum not exceeding five thousand five hun- 
dred 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 the compensation and travelling expenses of the 
harbor and land commissioners, a sum not exceeding five 
thousand dollars. 

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

For rent and incidental and contingent expenses of the 
harbor and land commissioners, a sum not exceeding one 
thousand seven hundred dollars. 

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

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

Approved January 27, 1881 . 



Commissioners 
on state aid. 



Commissioners 
on fisheries. 



Books for 
library. 



Harbor and land 
commissioners. 



Engineer and 
experts. 



Incidental and 

contingent 

expenses. 



Surgeon- 
general. 



352 



1881. — Chapters 2, 3. 



Chap. 



Appropriations. 



Senators, 
compensation. 

Representa- 
tives, compen- 
sation. 



Senators, 
mileage. 

Representa- 
tives, mileage. 

Preacher of 
election sermon. 

Chaplains. 



Doorkeepers, 
messengers 
and pages. 



Witnesses be- 
fore committees. 



Contingent 
expenses. 



Expenses of 
committees. 



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 PDB- 
POSES. 

Be it enacted., etc., as follows: 

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

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

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

For mileage of senators, a sum not exceeding four hun- 
dred and fifty dollars. 

For 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. 

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

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

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

Approved January 27. 18S1. 



Chap. 3 



Appropriations. 



An Act in addition to "an act making appropriations for 

THE maintenance OF THE GOVERNMENT DURING THE PRESENT 
YICAK." 

Beit enacted, etc., 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, for the purposes 
specified, to meet expenses for the year ending December 
thirty-first in the year eighteen hundred and eighty-one, 
to wit: — 



1881. — Chapter 3. 353 



SUPREME JUDICIAL COURT. 

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

For the salary of the reporter of decisions of the Reporter, 
supreme judicial court, three hundred dollars. 

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

SUPERIOR COURT. 

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

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



justices. 



COURTS OF PROBATE AND INSOLVENCY. 

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

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

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

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

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

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

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

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

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

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

For the salary of the judge of probate and insolvency Frankun. 

45 



354 



1881. — Chapter 3. 



Barnstable. 

Nantucket. 

Dukes County. 

Register — 
Suffolk. 

Middlesex. 

Worcester. 

Essex. 

■Norfolk. 

'Bristol. 

Plymouth. 

Hampden. 

Berkshire. 

Hampshire. 



Barnstable. 
Nantucket. 
Dukes County. 



Assistant 
register — 
■Bufiblk. 



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 salar}^ 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 insolvency 
for the county of Norfolk, one thousand five hundred 
dollars. 

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

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. 

For the salar}'- 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 
dollars. 

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. 



1881. — Chapter 3. 



355 



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

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

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

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

For expenses of the courts of insolvency, a sum not Expenses. 
exceeding; two thousand dollars. 



DISTRICT ATTORNEYS. 

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

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

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

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

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

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

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

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

For such clerical assistance as the register of probate 
and insolvency for the county of Bristol may deem neces- 
sary, a sum not exceeding six hundred dollars. 

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

Approved January 31, 1881. 



District 
attorney — 
Suftblk. 
First assistant. 



Second 
assistant. 



Clerk. 



District 

attorney — 

Northern 

district. 

Eastern 

district. 

South-eastern 
district. 

Southern 
district. 

Middle district. 



Western 
district. 



North-western 
district. 



Clerk — 
Suilblk. 



Clerical 
assistance — 
Bristol. 



356 



1881. — Chapter 4. 



Chap. 4 An Act making appropriations for sundry charitable 

EXPENSES. 

Be it enacted^ etc., as follows: 
Appropriations. SECTION 1. The sums hereinafter mentioned are 
appropriated, to be paid out of the treasury of the Com- 
monwealth, from the ordinary revenue, for the purposes 
specified herein, to wit : — 



Expenses of 
board. 



STATE BOARD OF HEALTH, LUNACY AND CHARITY. 

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



Health officers. 



Clerical 
absiBtance 



Expenses of 
department. 



DEPARTMENT OF HEALTH. 

For the salary of the health officer in the department 
of health, two thousand five hundred dollars. 

P^or such clerical assistance as the health officer may 
deem necessary in the department of health, eight hun- 
dred dollars. 

For general work of the department of health, includ- 
ing chemical analyses, sanitary investigations and reports, 
and travelling expenses for inspections, a sum not exceed- 
ing five thousand dollars. 



Inspector. 



Clerical 
assistance. 



INSPECTOR OF CHARITIES. 

For the salary of the inspector of charities, two thou- 
sand five hundred dollars. 

For such clerical assistance as the inspector of charities 
may deem necessary, a sura not exceeding four thousand 
two hundred dollars. 

For incidental and contingent expenses in the depart- 
ment of the inspector, the same to include expenses in- 
curred in the inspection of public institutions, a sura not 
exceedine: one thousand three hundred dollars. 



Superintendent 
in-door poor. 

Assistant. 



Bureau of 
visitation. 



Clerical 
asBistance. 



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. 

For the salary of the assistant in the bureau of visita- 
tion, one thousand five hundred dollars. 

For such additional clerical assistance, including services 
of visitors, as the superintendent of in-door poor, with the 



1881. — Chapter 4. 



357 



approval of the board of health, lunacy and charity, may 
deem necessary, a sum not exceeding eleven thousand five 
hundred dollars. 

For travelling and contingent expenses of the depart- Travelling and 
ment of the superintendent of in-door poor, a sum not expenses! 
exceeding five thousand five hundred dollars. 



SUPERINTENDENT bF 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- 
sary, a sum not exceeding eight thousand six hundred 
dollars. 

For travelling and incidental and contingent expenses 
of the superintendent of out-door poor, a sum not exceed- 
ing two thousand four hundred dollars. 

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

For the transportation of state paupers to the state 
almshouse, six hundred dollars. 

For the transportion of state paupers, a sum not exceed- 
ing ten thousand dollars. 

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

For the re-imbursement of the Massachusetts Infant Asy- 
lum for the support of infants having no known settlement 
in the Commonwealth, a sum not exceeding fifteen thou- 
sand dollars. 

For the 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 fourteen thousand dol- 
lars ; and if at any time it shall be found necessary, a sum 
not exceeding one thousand dollars may be advanced on 
account of the support and transportation of outside found- 
lings, and other state paupers : provided, a detailed report 



Superintendent 
out-door poor. 

Clerk. 



Clerical 
assistance. 



Expenses of 
travel, etc. 



State paupers 
in lunatic 
hospitals. 



Transportation 
to almshouse. 



Transportation, 



Cases of settle- 
ment, bastardy, 
etc. 



Infant asylum. 



State paupers, 
support by 
towns. 

Burial. 



Temporary 
support. 



Transportation 
of foundlings. 



358 



1881. — Chapter 5. 



Johonnot 
annuities. 



Cases of suft'er- 
ing where pro- 
visions of law 
are insufficient. 



Foundlings. 



Dangerous 
diseases. 



Indian state 
paupers. 

Idiotic and 

feeble-minded 

youth. 



Auxiliary 
visitors. 



Annuities. 



Pensions. 



Medical exami- 
nations and 
inquests. 



of such expenditures shall be rendered to the auditor of 
accounts whenever required. 

For annuities due from the Commonwealth, incurred by 
the acceptance of the bequests of the late Martha Johon- 
not, a sum not exceeding one thousand three hundred dol- 
lars. 

The sum of two thousand dollars is hereby re-appropri- 
ated from the unexpended balance for the temporary sup- 
port of paupers for the year eighteen hundred and eighty, 
from which aid may be given by the state board of health, 
lunacy and charity in extraordinary cases of suffering, 
where the provisons made by existing laws are, in their 
judgment, insuflficient. 

For support and transportation of outside foundlings, 
a sum not exceeding five thousand dollars. 

For expenses incurred in connection with small pox, and 
other diseases dangerous to the public health, a sura not 
exceeding one thousand dollars 

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

For the Massachusetts School for Idiotic and Feeble- 
Minded Youth, a sum not exceeding seventeen thousand 
five hundred dollars. 

For travelling and necessary expenses of the auxiliary 
visitors of the board of health, lunacy and charity, a sum 
not exceeding one thousand dollars. 

For other annuities authorized by the legislature, a sum 
not exceeding two thousand one hundred and fifty-nine 
dollars and fifty cents. 

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

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

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

Approved January 31, 1881. 



Chap. 5 



Name changed. 



An Act to change the name op the globe rubber company. 
Be it enacted, etc., as follows : 

Section 1. The name of the Globe Rubber Company, 
incorporated in the year eighteen hundred and eighty, is 
hereby changed to the Prushan Rubber Company. 

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

Approved February 4, 1881. 



1881. — Chapters 6, 7, 8. 



359 



An Act in addition to an act to supply the town of con- Chap. 6 

TON WITH PURE WATER. 

Be it enacted, etc., as follows: 

Section 1. Chapter ninety-eight of the acts of the ciintontobe 
year eighteen hundred and seventy-six, being An Act to water.^ 
supply the town of Clinton with pure water, is hereby re- 
vived and continued in force, and the time for the accept- 
ance of the same by the town is extended for a term of 
three years from the passage of this act. 

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

Approved February 4, 1881. 

An Act relative to the assessment of damages for lands Chap. 7 

TAKEN FOR PUBLIC USES. 

Be it enacted, etc., as follows: 

Section 1. When an award is made by county com- Party liabie to 
missioners upon an application to assess damages for land mTy have^he 
or for any interest in land taken under authority of law by mfned^byT' 
any party or tribunal other than the county commissioners Jui'y- 
themselves, and the party liable to pay such damages is 
dissatisfied with the award, he shall have the same right 
to have the matter determined by a jury as the party to 
whom said damages are payable. 

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

Aiiproved February 9, 1881. 



An Act in relation to harbor masters. 
Be it enacted, etc., as follows: 

Section 1. A harbor master, for whose appointment 
there is no existing provision of law, may be appointed 
for any harbor in the Commonwealth by the mayor and 
aldermen of the city or by the selectmen of the town in 
which such harbor is situate, who shall fix the compensa- 
tion of such harbor master to be paid by said city or town. 
The harbor master so appointed shall continue in office 
until his successor is appointed. 

Section 2. All vessels entering any harbor for which 
such harbor master is appointed shall be anchored accord- 
ing to his direction. 

Section 3. Every vessel, before unloading lumber in 
the stream or channel of any harbor having a harbor 
master, shall obtain a permit from said harbor master, 
designating where such lumber may be rafted to avoid 
obstructing the channel or hindering the moveipents of 
other vessels. 



Chap. 8 



Harbor masters 
may be ap- 
pointed. 



Vessel to be 
anchored as 
harbor master 
directs. 

To obtain perr 
mit before 
unloading. 



360 



1881. — Chapter 8. 



To brace yards 
when directed. 



To be moved In 
harbor accord- 
ing to directions 
of harbor mas- 
ter. 



Ballast, etc., not 
to be deposited 
In harbors. 



Warps and 
lines. 



Vessel to 
change berth 
when so 
directed. 



To be stationed 
in stream as 
harbor master 
may order. 



Penalty for 
disobedience of 
instructions. 



Section 4. Every vessel lying in any harbor or at any 
wharf or pier in the same shall, when directed by the har- 
bor master thereof, cockbill the lower yards, brace the 
topsail yards fore and aft, and rig in the jib-boom. 

Section 6. The harbor master of any harbor may 
cause to be moved any vessel lying in the same and not 
anchored according to his directions, and not moving when 
directed by him so to do, and the expense thereof shall be 
paid by the master or owners of such vessel ; and in case 
of neglect or refusal to pay after the same shall have been 
demanded, said expense may be recovered of said master 
or owners by said harbor master to the use of the city or 
town in which said harbor is situate, in an action of 
contract. 

Section 6. No person shall throw or deposit in any 
harbor any stones, gravel, ballast, cinders, ashes,, dirt, mud 
or other substance, which may in any way tend to injure 
the navigation thereof. 

Section 7. No warp or line shall be passed across any 
channel or dock so as to obstruct vessels passing along the 
same. 

Section 8. If any vessel occupying a berth at any 
wharf or pier, either with or without the consent of the 
wharfinger thereof, shall fail to vacate such berth upon 
notice from such wharfinger or his agent to the master or 
those having such vessel in charge for the time being, in a 
reasonable time, to be adjudged by the harbor master, the 
harbor master shall then cause such vessel to be moved to 
some other berth or anchored in the stream, and the ex- 
pense thereof may be collected of the master or owners 
thereof, by the harbor master, to the use of the city or 
town in which said harbor is situate, in an action of 
contract. 

Section 9. Harbor masters shall have authority in 
their respective harbors to regulate and station all vessels 
in the stream or channels thereof, and to remove such as 
are not employed in receiving or discharging their cargoes, 
to make room for such others as require to be more imme- 
diately accommodated for the purpose of receiving or dis- 
charging their cargoes ; and as to the fact of their being 
fairly and actually employed in receiving or discharging 
their cargoes, the harbor master shall determine. 

Section 10. Whoever shall refuse or neglect to obey 
tlie instructions of any harbor master lawfully given, or 
shall resist him in the execution of his duties, shall forfeit 
and pay a fine not exceeding fift}' dollars. 



1881. — Chapters 9, 10, 11. 



361 



Section 11. Harbor masters shall report to the harbor violations of 

, , T . . • 1 J • !• j_i -J.! i.' eection six to be 

and land commissioners any violation oi the sixth section reported to har- 
of this act or of any law relating to tide water in their co'nm^tsloners. 
respective harbors that shall come to their knowledge. 

Section 12. Any person violating the provisions of Liability for 
this act, in addition to any fines imposed in accordance -""^s*^^- 
herewith, shall be liable in an action of tort to any person 
suffering damage by such violation. 

Section 13. This act shall take effect upon its passage. 

Approved February 9, 1881. 

An Act to prevent the unauthorized use of the seals and Chap. 9 

BADGES OF CITIES AND TOWNS. 

Be it enacted^ etc., as follows: 

Whoever shall, unless duly authorized thereto, print, Penalty for un- 

, f.r' j1'j_1j.i authorized use 

stamp, engrave or ainx, or cause to be printed, stamped, of badges of 
engraved or affixed, to any paper or other article, a repre- cities and towns, 
sentation of the seal of any city or town in this Common- 
wealth, with intent to give to such paper or article an 
official character which it does not possess ; or whoever 
unless duly authorized thereto shall, with intent to assume 
an official character which he does not possess, cast, stamp, 
engrave or make, or have in his possession, any badge or 
insignia in the similitude of any official badge or insignia 
of a police officer, member of the fire department or other 
officer appointed by any city or town in this Common- 
wealth, or any department of said city or town, shall be 
punished by a fine not exceeding fifty dollars. 

Approved February 9, 1881. 

An Act in relation to sentences to imprisonment by the Chap. 10 

MUNICIPAL courts OF THE CITY OF BOSTON. 

Be it enacted., etc., as follows: 

In all cases in which the several municipal courts of the imprisonment, 
city of Boston are authorized to sentence to imprisonment industry instead 
in the house of correction or county jail, or to commit CflOTrTction'in 
thereto for non-payment of fine or costs, said courts may Boston, 
instead, at their discretion, sentence to imprisonment in 
the house of industry of the city of Boston, or commit 
thereto. Approved February 9, 1881. 



Chap. 11 



An Act concerning marriages in the society of friends. 
Be it enacted, etc, as follows: 

Section 1. Section sixteen of chapter one hundred Marriages in 

- - - the Society of 



and six of the General Statutes is hereby amended by in- Friends 

Amendi 

G. 8, 106, § 16. 



serting after the word "him," in the fourth line, the words Amendment to 



"or in the said meeting." 

46 



362 



1881. — Chapters 12, 13, U. 



Amendment to 
G. S. 1U6, § 20. 



Chap. 12 



May open 
streets foi- pur- 
pose of laying 
gae-pipes. 



Chap. 1 3 



Time for filing 
location, ex- 
tended. 



Section 2. Section twenty of said chapter is hereby 
amended by inserting after the word "gospel," in the 
second line, the words "-or in the Society of Friends 
according to its usages," and by inserting after the word 
"person," in the fourth line, the words "or Society of 
Friends." 

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

Approved February 9, 1881. 

An Act to authorize the peabody and victoria mills to 

OPEN certain streets IN NEWBURYPORT FOR THE PURPOSE OF 
LAYING GAS PIPES. 

Be it enacted^ etc., as foUoivs : 

Section 1. Permission is hereby given to the Peabody 
and Victoria mills, located in Newburyport, for the pur- 
pose of manufacturing cotton goods, to open certain streets 
in said cit}^ which lie between their respective manufac- 
tories, for the purpose of laying a line of iron pipe for the 
conveyance of illuminating gas from one manufactory to 
the other : provided, that the same shall be done agreeably 
to the provisions mentioned in section fifty-six of chapter 
two hundred and twenty-four of the acts of the year 
eighteen hundred and sevent}'. 

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

Approved February 9, 1881. 

An Act to amend chapter two hundred and forty-five 
of the acts of the year eighteen hundred and eighty 
concerning the filing of location by the cape cod 
canal company. 
Be it enacted, etc., as folhnva : 

Section 1. Section three of chapter two hundred and 
forty-five of the acts of the 3ear eighteen Imndred and 
eiglity is hereby amended by striidng out in tlie third line 
tliereof the words "one year," and inserting in the j^lace 
thereof the words "two years." 

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

Approved February 9, 1881. 



An Act to authorize the old colony railroad company 

to take land for additional tracks in fall river. 
Be it enacted, etc., asfolloics: 

Section 1. The Old Colony Railroad Company may 
raikoad^tracks.'^ coustruct and maintain such additional railroad track or 
tracks as it may think fit, on or adjoining the location of 
its main railroad, for any part or the whole of the distance 



Chap. 14 



May take land 



1881. — Chapters 15, 16. 



363 



Location to be 
tiled within one 
year. 



between Somerset Junctign in the northerly part of the 
city of Fall River, and the station of said company at 
Ferry Street in Fall River, and for said purpose may pur- 
chase or take land, not exceeding two rods in width, in 
addition to its existing location. A location in the form 
provided by law shall be filed within one year from the 
passage of this act. 

Section 2. In the exercise of the powers granted by powers and 
this act said Old Colony Railroad Company, and any per- ^"^'*^*- 
son or corporation who shall sustain any damage in their 
property, shall have all the rights, privileges and remedies, 
and be subject to all the duties, liabilities and restrictions 
provided by the general laws of the Commonwealth in the 
like case. 

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

Approved February 9, 18S1. 

An Act to change the time of the annual meeting of Chap. 15 

THE MASSACHUSETTS COLLEGE OF PHARMACY. 

Be it enacted, etc. , as follows : 

Section 1. Section three of chapter ninety-three of the Annual meeting 
acts of the year eighteen hundred and fifty-two, incorporat- the'^firstMo°nday 
ing the Massachusetts College of Pharmacy, and section "'-^"ne. 
one of chapter twenty-five of the acts of the year eighteen 
hundred and seventy-six, continuing said corporation, are 
amended by substituting the first Monday in June for the 
first Monday in March of each year as the time for hold- 
ing the annual meeting. 

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

Ajiproved February 9, 1881. 

An Act in further addition to an act making appropria- Chap. 16 

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

Be it enacted, etc., as follows : 

Section 1. The sums hereinafter mentioned are appro- Appropriations, 
priated, for the purposes specified, to be paid from the ordi- 
nary revenue, unless otherwise ordered, to meet the current 
expenses of the year ending on the thirty-first day of De- 
cember, one thousand eight hundred and eighty-one, to 
wit: — 



legislative and executive departments. 



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



364 



1881. — Chapter 16. 



Benate 
stationery. 



HouBe 
stationery. 



Sergeant-at- 
arms, statiun- 
ery, etc. 



Incidental 
expenses. 

Council printing 
and stationery. 

Governor and 
council, contin- 
gent expenses. 

Executive 

department, 

expenses. 



Printing, 
postage, etc. 



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

For stationery for the house of representatives, purchased 
by the clerk of the house of representatives, a sum not ex- 
ceeding sixteen hundred dollars. 

For books, stationer}^, printing and advertising, ordered 
by the sergeant-at-arms for the legislature, a sum not ex- 
ceeding eight hundred dollars. 

For incidental and contingent expenses of the sergeant- 
at-arms, a sum not exceeding three 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 fifteen 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. 

For postage, printing and stationery of the executive 
department, a sum not exceeding eight hundred dollars. 



State house, 
fuel and ligtits. 

Repairs and 
furniture. 



Expenses of 
house in Pem- 
berton Square. 



STATE HOUSE EXPENSES. 

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

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

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



Incidental 
expenses — 
Secretarj'. 

Treasurer. 



Tax commie 
sioner. 



Commissioner 
of corporations. 

Auditor. 



Insurance 
commissioner. 



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 three thou- 
sand three hundred and fifty dollars. 

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

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

For incidental expenses of the insurance commissioner's 
department, a sum not exceeding thirty-five hundred dol- 
lars. 



1881. — Chapter 16. 



365 



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

For travelling and incidental expenses of the commis- 
sioners on savings banks, the same to include expenses 
incurred in auditing the accounts of county officers, a sum 
not exceeding two thousand dollars. 

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

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

For the travelling expenses of the inspector and assist- 
ant inspector of gas meters, a sum not exceeding four 
hundred dollars, and for furnishing such additional appa- 
ratus as the inspector of gas meters may require, a sum 
not exceeding two hundred dollars. 



Railroad 
comrnisBioners. 



Commissioners 
on savings 
banks. 



Attorney- 
general. 



Surgeon- 
general. 

Inspectors of 
gas meters, 



MILITARY DEPARTMENT. 

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 seventy 
thousand dollars. 

For transportation of officers and men of the volunteer 
militia while on military duty, a sum not exceeding thir- 
teen 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-gen- 
eral, a sum not exceeding five thousand dollars. 

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

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

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

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

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



Ad.iutnnt 

J^'CIILTUI. 

Military duty, 



Transportation. 



Headquarters 
and armories. 



Quartermaster- 
general. 

Quartermas- 
ters' supplies. 

Camp ground, 



Military 
accounts. 



Medical 
supplies. 

Bounties to 

Massachusetts 

volunteers. 



366 



1881. — Chapter 16. 



List of sailors 
and marines. 



Proceeds of 
sale of grass at 
camp ground. 



Re-imbursement 
for aid to 
soldiers, etc. 



Bounties to 
Bocieties. 

Expenses of 
boards. 

Travelling 
expenses of 
secretary. 



Incidental 
expenses. 



Coraraercial 
fertilizers. 



Printing and 
binding public 
documents. 



Pamphlet edi- 
tion of the laws. 



" Blue Book" 
edition of the 
lawi. 



In re.solve, chcipter eip^ht of the year eighteen hundred 
and eighty, 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 offi- 
cers, sailors and marines, who served in the navy in the late 
civil war," a sum not exceeding one thousand dollars. 

Any sums of money received under the provisions of 
section eighty-six of chapter two hundred and sixty-five 
of the acts of the year eighteen hundred and seventy- 
eight, and from the sale of grass at the state camp ground, 
may be expended by the quartermaster-general, under the 
direction of the governor and council, for the purchase of 
other military supplies, and for the care and improvement 
of said ground. 

For the re-imbursement of cities and towns for money 
paid on account of state and military aid to Massachusetts 
volunteers and their families, a sum not exceeding four 
hundred and twenty thousand dollars, the same to be pay- 
able on or before the first day of December of the present 
year. 

AGRICULTURAL. 

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

For personal expenses of the members of the board of 
agriculture, a sum not exceeding fifteen hundred dollars. 

For the travelling expenses of the secretary of the board 
of agriculture, and all postages and necessary expenses, a 
sura not exceeding five hundred dollars. 

For other incidental expenses of the board of agricul- 
ture, a sum not exceeding three hundred dollars. 

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

PRINTING AND BINDING, ETC. 

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

For printing the pamphlet edition of the acts and re- 
solves of the present year, for distribution in the Com- 
monwealth, a sum not exceeding three tiiousand dollars. 

For printing and binding the " blue book " edition of 
the acts and resolves of the present year, with the govern- 



1881. — Chapter 17. 



367 



or'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 Newspaper 
all information intended for the public, a sum not exceed- ot^'iaws!'*''^ 
ing five hundred dollars. 

For assessors' books and registration blanks, a sum not a 
exceeding one thousand five hundred dollars. 

For the preparation for publication, and the publication Provincial 
of the provincial statutes, a sum not exceeding five thou- ^'■''^'*"^*- 
sand dollars. 

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



ssessors 
books and regis- 
tration blanks. 



MISCELLANEOUS. 

For expenses incurred in the construction and repair of 
roads in the town of Mashpee during the year eighteen 
hundred and eighty, three hundred dollars. 

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

For weights, measures, balances, and reports for sundry 
newly incorporated toWns, a sum not exceeding one thou- 
sand two hundred dollars. 

For expenses attending the consolidation and arrange- 
ment of the general statutes, a sum not exceeding fifteen 
thousand dollars. 

For postage, printing and other necessary expense in 
carrying out the provisions of the state and military aid 
laws, a sum not exceeding five hundred dollars. 

P'or editing the registration report, under the direction 
of the secretary of the Commonwealth, a sum not exceed- 
ing five hundred dollars. 

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

Approved February 16, 1881. 

An Act making appropriations for certain educational Chap. 17 

EXPENSES. 

Be it enacted, etc., as follows : 

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

For the support of normal schools, a sum not exceeding Normal schools, 
fifty-nine thousand nine hundred dollars, to be paid out of 
the moiety of the income of the school fund applicable to 
educational purposes^ 



Roads in 
Mashpee. 



Sheriffs. 



Weights and 
measures. 



Consolidation of 
the geheral 
statutes. 



State and 
military aid. 



Editing reals- 
tration report. 



368 



1881. — Chapter 17. 



state normal 
art school. 



Board of 
education - 
Agents. 

Incidental 
expenses. 



Teachers' 
institutes. 



County teach- 
ers' associa- 
tions. 



Aid to pupils in 
normal schools. 



Travelling 
expenses. 



Massachusetts 

teachers' 

association. 



Blind asylum. 
State library. 

Deaf mutes. 



Income from 
curtain fuiidH. 



For the support of the state normal art school, the same 
to include rent, taxes, etc., a sum not exceeding seventeen 
thousand dollars, to be paid from the unappropriated bal- 
ance of the moiety of the income of the school fund appli- 
cable to educational purposes, and the excess, if any, from 
the treasury. 

For the salaries and expenses of the agents of the board 
of education, a sum not exceeding fifty-four hundred dol- 
lars. 

For incidental expenses of the board of education, and 
for the secretar}^ thereof, a sum not exceeding one thou- 
sand two hundred dollars. 

For teachers' institutes, a sum not exceeding two thou- 
sand dollars, to be paid out of the moiety of the income 
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 
income of the school fund applicable to educational pur- 
poses. 

For aid to pupils in state normal schools, a sum not 
exceeding four thousand dollars, paj'^able in semi-annual 
payments, 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 the Massachusetts teachers' association, the sum of 
three hundred dollars, 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. 

For the Perkins institution and the Massachusetts 
school for the blind, the sum of thirty thousand dollars. 

For the contingent expenses of the state library, to be 
expended under the direction of the trustees and librarian, 
a sum not exceeding eio:ht hundred 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 vari- 
ous acts relating thereto. 

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

Approved February 16^ 1S81. 



1881. — Chapter 18. 



869 



An Act making APPRorRiATioNS for expenses op the various 

CHARITABLE AND REFORMATORY INSTITUTIONS, AND FOR OTHER 
PURPOSES. 

Be it enacted, etc., as follows : 

Section 1. The sums hereinafter meDtioned are appro- 
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-one, to wit : — 

For the payment of salaries at the state almshouse at 
Tewksbury, a sum not exceeding nineteen thousand dollars ; 
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-three thousand dollars. 

For the payment of salaries at the state prison, a sum 
not exceeding fifty thousand dollars : and for other cur- 
rent 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 -five thousand dol- 
lars ; and for other current expenses of said institution, a 
sum not exceeding fifty-three thousand nine hundred dol- 
lars. 

For the payment of salaries at the state reform school 
for boys, a sum not exceeding sixteen thousand seven 
hundred and fifty dollars; and for other current expenses 
of said institution, a sum not exceeding twenty -three thou- 
sand two hundred and fifty 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 five hundred dollars, 
and for improvement of farm, a sum not exceeding five 
hundred dollars, and for the purchase of land to regulate 
line, the sum of thirty-five dollars. 

For the payment of salaries at the state workhouse at 
Bridgewater, a sum not exceeding eleven thousand dol- 
lars ; and for other current expenses of said institution, a 
sum not exceeding twent3^-nine thousand dollars. 

For the contingent expenses of the commissioners of 
prisons, a sum not exceeding eight hundred dollars, the 
same to include printing blanks and binding. 

47 



Chap. 18 



Appropriations. 



State almshouse 
at Tewlisbury. 



State primary 
school at 
Mouson. 



State prison. 



Reformatory 
prison for 
women. 



Reform school 
for boys. 



Industrial 
school for girls. 



State work- 
house at Bridge- 
water. 



Commissionerg 
of prisons, 
contingent 
expenses. 



370 



1881. — Chapter 19. 



Travelling 
expenses. 



Support of 
prisoners, etc. 



Removing 
prisoners. 



Discharged fe- 
male prisoners. 



Aid for dis- 
charged con- 
victs. 



District police. 



Fugitives from 
justice. 

Travelling 
expenses of 
trustees. 



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

For the payment of the cost of supporting prisoners re- 
moved from the reformatory prison for women, a sum not 
exceeding eight liundred dollars. 

For expenses incurred in removing prisoners from the 
reformatory prison for women, a sum not exceeding three 
hundred dollars. 

For aiding female prisoners discharged from jails and 
houses of correction, a sum not exceeding two hundred 
dolhirs. 

For the salary of the agent for aiding discharged con- 
victs, one thousand dollars ; for the expenses of said agent, 
a sum not exceeding three thousand 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 force, a sum 
not exceeding eighteen thousand dollars. For travelling 
expenses actually paid by members of said force, a sura 
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 trus- 
tees of the state primary, reform and industrial schools, 
a sum not exceeding one thousand dollars. 

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

Approved February 16, 18S1. 



Charter 
amended. 



Chap. 1 9 An Act to amend the certificate of incorporation of the 

SUPREME COUNCIL OF THE HOME CIRCLE. 

Be it enacted, etc., as follows: 

Section 1. The certificate of incorporation of the 
Supreme Council of the Home Circle, dated the thirteenth 
day of January eighteen hundred and eighty, is hereby 
amended so that the purpose therein expressed shall read 
as follows: — ''For the purpose of organizing and uniting 
in fraternal union all acceptable members of the order 
known as the Royal Arcanum, their friends, wives, moth- 
ers, sisters and daughters; to aid and assist its members 
and educate them socially, morally and intellectually; to 
establish a benefit fund from which, on the satisfactory 
evidence of the death of a member, who has complied with 



1881. — Chapters 20, 21, 22. 



371 



its lawful requirements, a sura not exceeding five thousand 
dollars shall be paid to the famil}^ orphans, or dependents, 
as the member shall have directed." 

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

Approved February 16, 1881. 

An Act to change the NA:\rE of the farmer and Gardner Chap. 20 

MANUFACTURING COMPANY. 

Be it enacted, etc., asfolloios: 

The Farmer and Gardner Manufacturing Company, a Name changed, 
corporation established in Springfield nnder the general 
laws, shall be known as the Springfield Sewing Machine 
Company on and after the first day of March in the year 
eighteen hundred and eighty-one, at which date this act 
shall take effect. Approved February 16, 1881. 



An Act authorizing the town of swampscott to pat a Chap. 21 

CERTAIN CLAIM TO JOHN P. PALMER. 



Town may pay 
claim of John 
P. Palmer. 



Be it enacted, etc., as follows : 

Section 1. The inhabitants of the town of Swamp- 
scott are hereby authorized and empowered to pay the 
claim of John P. Palmer against said inhabitants for 
money disbursed in providing recruits to fill the quota of 
said town in the year eighteen hundred and sixty-four, in 
accordance with tlie vote of the said town passed March 
eighteenth, eighteen hundred and eighty : provided, that 
at a legal meeting of said town, to be hereafter called, a 
majority shall vote to pay the same. 

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

Approved February 16, 1881. 

An Act in relation to holding funds contributed for the Chap. 22 

RELIEF OF MEMBERS OF THE BOSTON PROTECTIVE DEPART- 
MENT AND THEIR FAMILIES. 

Be it enacted, etc. , as follows : 

Section 1. The provisions of section four of chapter Disabled mem- 
one hundred and seven of the acts of the year eighteen m^eliVmay^be*' 
hundred and eighty, being "An Act in relation to pen- pensioned, 
sioning disabled members of the fire department of the 
city of Boston and for other purposes," shall be held to 
apply to the members of the Boston Protective Depart- 
ment in the same manner and to the same extent as to the 
members of the fire department. 

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

Api^roved February 16, 1881. 



clerk-hire and 
messenger 



372 1881. — Chapters 23, 24, 25. 

Chap. 23 -A-N Act to amend chapter seventy-nin'e of the acts of 

THE YEAR EIGHTEEN HUNDRED AND SEVENTY-NINE, RELATING 
TO THE COMPENSATION OF EMPLOYES IN THE SECRETARY'S 
DEPARTMENT, AND FOR OTHER PURPOSES. 

Be it enacted^ etc., as follows: 
Allowance for SECTION 1. Section two of chapter seventy-nine of the 
acts of the year eighteen hundred and seventy-nine, relat- 
ing to the compensation of clerks and messenger in the 
secretary's department, is hereby amended by striking out 
the word "eight" before the word "thousand," and in- 
serting the word " ten, " in place thereof. 
Repeal of Re- SECTION 2. Chapter fifty -seven of the resolves of the 

isTMi.^"'^' ysar eighteen hundred and seventy-seven, and chapter 
eleven of the resolves of the year eighteen hundred and 
seventy-eight, are hereby repealed. 

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

Approved February 16, 1881. 

Chap. 24 An Act to authorize the Hamilton manufacturing com- 
pany TO increase its capital stock. 
Be it enacted, etc., as follows: 
May increase SECTION 1. The Hamilton Manufacturing Company 

capiuii stock. jj^ ^^^ ^i^y ^£ LQ^yg^j ^g hereby authorized to increase its 

capital stock to an amount not exceeding eighteen hun- 
dred thousand dollars, and to invest such portions thereof 
in real and personal estate as may be necessary and con- 
venient for carrying on its business. 

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

Approved February 18, 1881. 

Chaj). 25 An Act to amend section two of ch.a.pter one hundred and 

SEVENTY OF THE ACTS OF THE YEAR EIGHTEEN HUNDRED AND 
SIXTY-SIX, CONCERNING NEGLECT OR REFUSAL OF ASSESSORS TO 
PERFORM THE DUTIES THEREIN SET FORTH. 

Be it enacted, etc., as follows : 

p.naityon SECTION 1. ScctioH two of chaptcr one hundred and 

mtc'uot'toTOin. seventy of the acts passed by the general court of Massa- 

|Wy with 1806, chusetts in the year eighteen hundred and sixty-six, is 

hereby amended by adding thereto the following: — Any 

person who shall neglect or refuse to perform any of the 

duties imposed upon him by aii}^ of the provisions of this 

act, shall be deemed guilty of a misdemeanor, and upon 

conviction thereof shall for each offence be punished by a 

fine of not less than fifty nor more than two hundred 

dollars. 

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

Approved February I'.V, 1881 . 



1881. — Chapters 26, 27, 28. 373 

An Act to amend chapter two hundred and fifty-two of Chap. 26 

THE ACTS OF THE YEAR EIGHTEEN HUNDRED AND SEVENTY-NINE 
ENTITLED " AN ACT FOR THE BENEFIT OF INDIGENT SOLDIERS 
AND SAILORS." 

Be it enacted., etc., as foUoivs : 

Section 1. Any person who may be debarred from state aid for 
receiving state aid under chapter two hundred and fifty- LnaSOTs."'"^* 
two of the acts of the year eighteen hundred and seventy- ^^^^' ^^'^■ 
nine, by reason of having no settlement under the pauper 
laws, but who shall have served in the army or navy of 
the United States as a part of the quota at large of this 
Commonwealth and shall have been honorably discharged 
from such service and shall have resided in this state for 
one year prior to the date of his application for aid under 
this act, may be allowed such state aid by the city or town 
in which such person resides, in the manner provided by 
said chapter. 

Section 2. The full sums expended by cities or towns Re-imbursement 
under this act shall be re-imbursed from the treasury of towns!* ''" 
the Commonwealth to such cities or towns under the same 
regulations as to proof and reports as are required for 
other payments of state aid. 

Approved February 23, 1881. 

An Act to repeal certain statutes relating to the proving Chap. 27 

OF FIREARMS. 

Be it enacted, etc., as follows : 

Sections twenty-seven, twenty-eight, twenty-nine, thirty, Repeal of g.s. 
thirty-one and thirty-two of chapter forty-nine of the Gen- ^^' ^^ ^^"^^* 
eral Statutes are hereby repealed. 

Approved February 23, 1881. 

An Act to amend section one of chapter one hundred and Chap. 28 

FOUR OF THE ACTS OP THE YEAR EIGHTEEN HUNDRED AND 
SEVENTY-SIX, RELATING TO CERTAIN RETURNS TO THE COMMIS- 
SIONERS ON INLAND FISHERIES. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter one hundred and Reports to be 
four of the acts of the year eighteen hundred and seventy- mfss^oners on 
six is hereby amended by striking out the word "first," or before oct. 20. 
before the word " day," in the sixth line in said section, 
and inserting the word " twentieth." 

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

Approved February 23, 1881. 



374 



1881. — Chapters 29, 30, 31, 32. 



Chap. 29 An Act 



Additlunal real 
and personal 
estate. 



TO AUTHORIZE THE HOME FOR AGED MEN TO HOLD 
ADDITIONAL REAL AND PERSONAL ESTATE. 

Be it enacted^ etc., as follows: 

Section 1. The Home for Aged Men is authorized to 
hold real and personal estate for the pin-poses named in its 
act of incorporation, chapter one hundred and fifty-three 
of the acts of the year eigiiteen hundred and sixty, to an 
amount not exceeding in the whole five hundred thousand 
dollars. 

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

Approved February 23, 1881. 



Chap. 30 



Name changed. 



An Act to change the name of the alden emery company. 
Be it enacted, etc., as foUoivs: 

The Alden Emery Company, a corporation chartered in 
this Commonwealth, shall be known as the Walpole Emery 
Mills, on and after March first in the year of our Lord 
eighteen hundred and eighty-one ; and this act shall take 
effect upon that date. Approved February 23, 1881. 



Choj). 31 An Act to change the name of the holmes hole union 

wharf company. 

Be it enacted, etc., as follows: 
Nanie changed. The Holmcs Holc Uniou Wharf Company, a corporation 
chartered in this Commonwealth, shall lie known as the 
Vineyard Haven Wharf Company after the fifteenth day 
of March in the year of our Lord eigiiteen hundred and 
eighty-one ; and this act shall take effect upon that date. 

Approved February 23, 1881. 



Chap. 32 



Amendment to 
]H<;(l, 01, § 2. 
Rights of ripa- 
rian owners. 



An Act to amend "an act to incorporate the nine-mile 

POND fishing company." 

Be it enacted, etc., as foUoios : 

Section 1. Chapter ninety-one of the acts of the year 
one thousand eight hundred and sixty, entitled "An Act 
to incorporate the Nine-Mile Pond Fishing Company," is 
amended in the sixth line of section two by inserting after 
the word ''outlet," the words "or the stream leading from 
said outlet to the sea." 

Section 2. The rights of riparian owners shall not be 
affected by this act. 

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

Approved February 23, 1881. 



1881. — Chapters 33, 34, 35. 375 

An Act to amend chapter sixty-four of the acts of the Chap. 33 

YEAR eighteen HUNDRED AND EIGHTY, GIVING PROBATE COURTS 
JURISDICTION OF RIGHTS OF HUSBANDS AND WIVES, AND FOR THE 
PROTECTION OF MINOR CHILDREN, 

Be it enacted^ etc. , as follows : 

Section 1. The first section of chapter sixty-four of Exclusive orisd- 
the acts of the year eighteen hundred and eighty is "f dasercon-"" 
amended by inserting after the word "children," in the ;;^';.nfi\'^,'an7' 
sixth line, the words "and chapter one hundred and married women, 
ninety-nine of the acts of the year eighteen hundred and 
seventy-eight, entitled 'An Act concerning the support of 
married women who are insane,' " and by adding at the 
end of said section, the words " when the petitioner has 
left the county in which the parties have lived together, 
the adverse party still living therein, the petition shall be 
heard and determined in the court for that county; in 
other cases the petition shall be heard and determined in 
the court for the county in which the parties or one of 
them live." 

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

Approved February 25. 18S1. 

An Act relative to the release on probation of persons Chap, 34 

IMPRISONED IN THE HOUSE OP INDUSTRY, AND GIVING CER- 
TAIN POWERS TO THE BOARD OF DIRECTORS FOR PUBLIC IN- 
STITUTIONS OF THE CITY OF BOSTON. 

Be it enacted, etc., as follows : 

Section 1. The provisions of sections six and ten of prisoners may 
chapter one hundred and twenty-nine of the acts of the recommcnda" 
year eighteen hundred and eighty, relating to the powers [joli Ceicwsr" 
and duties of probation officers and the release of prisoners 
on probation, are hereby extended to persons imprisoned 
in the house of industry in the city of Boston. 

Section 2. The powers conferred upon county com mis- Powers oon- 
sioners by said act may be exercised in the county of Suffolk ^'i7ec^o',',ffoV 
by the board of directors for public institutions of the city P"b''c institu- 

■', ■■ -^ tions. 

01 Boston. 

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

Approved February 25, 1881. 

An Act to incorporate the Massachusetts fish exchange. Chap. 35 
Be it enacted, etc., asfolloivs: 

Section 1. Augustus Winsor, Franklin B. Rogers, corporators. 
Paran H. Prior, Freeman Emery and Moses W. Haskins, 
and their associates, may associate themselves and organ- 



376 



1881. — Chapters 36, 37. 



Name and 
purpose. 



ize a corporation according to tlie provisions of chapter 
two hundred and twenty-four of the acts of the year eigh- 
teen hundred and seventy, and the acts in amendment 
thereof, and in addition thereto, to be known as the 
Massachusetts Fish Exchange, for the purpose of buying, 
owning, leasing and holding real estate, wharf and dock 
property, to be used in facilitating the catching, curing, 
buying and selling of fish in all its varieties. 

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

Approved February 25, 1881 . 



Acts as a justice 
of the peace, 
contirmed. 



Chap. 36 An Act to confirm certain acts done by matthew j. m<,caf- 

FERTY AS A JUSTICE OF THE PEACE. 

Be it enacted, etc., as follows: 

Section 1. All acts done by Matthew James McCaf- 
ferty, as a justice of the peace within and for the county 
of Worcester, between April thirtieth in the year eighteen 
hundred and seventy-nine and the seventh day of Septem- 
ber in the year eighteen hundred and eighty, are hereby 
made valid and confirmed to the same extent as they would 
have been valid had he been during that interval duly 
qualified to discharge the duties of said office. 

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

Approved February 25, 1881. 



Brockton water 
loan may be 
increased. 



Chap. 37 An Act to authorize the town of brockton to issue addi- 
tional WATER SCRIP, AND TO LIMIT THE AMOUNT THEREOF. 

Be it enacted, etc., as follows: 

Section 1. The town of Brockton, for the purposes 
mentioned in section four of chapter one hundred and 
twenty-four of the acts of the year eighteen hundred and 
seventy-eight, may 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 " Brockton Water Loan," to an amount not ex- 
ceeding fifty thousand dollars, in addition to the amount 
therein authorized, to be issued upon like terms and condi- 
tions, and with like powers in all respects, as are provided 
in said act for the issue of securities of " Brockton Water 
Loan " by said town : provided, that the whole amount of 
such water notes, bonds or scrip, issued by said town under 
the authority given by this act and by all other acts, shall 
not in any event exceed the amount of one hundred and 
seventy thousand dollars. 



1S81. — Chai'ter 38. 



377 



Section 2. This act shall take effect if accepted within 
one year from the date of its passage 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. 

Approved February 25, 1881. 

An Act making additional appropriations for certain ex- Chap. 38 

PENSES authorized IN THE YEAR EIGHTEEN HUNDRED AND 
EIGHTY. 

Be it enacted, etc., as foUoivs : 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Commonwealth, 
from the ordinary revenue, unless otherwise ordered, for the 
purposes specified herein, to wit : — 

For incidental expenses of the secretary's department, 
the sum of three hundred dollars and fifty -eight cents. 

For contingent expenses of the senate and house of rep- 
resentatives, the sum of one thousand three hundred and 
eighteen dollars and one cent. 

For printing and binding sundry public documents under 
the direction of the secretary of the Commonwealtli, the 
sum of two thousand two hundred and sixty-nine dollars 
and sixt3^-seven cents. 

For term reports, the sum of fifty-seven dollars and fifty 
cents. 

For furnishing additional apparatus to the inspector of 
gas meters, the sum of forty dollars and ninety-seven cents. 

For the completion of the engine and boiler at the state 
prison at Concord, the sura of five hundred and fifty-one 
dollars and ninety-nine cents. 

For incidentals of the board of agriculture, the sum of 
fifty-two dollars. 

For travelling expenses of the secretary of the board of 
agriculture, the sum of forty-seven dolku's and ten cents. 

For incidental and contingent expenses of the railroad 
commissioners, the sum of one hundred and ten dollars and 
two cents. 

For the support and relief of state paupers in the lunatic 
hospitals and asylums of the Commonwealth, the sum of 
four thousand two hundred and forty^four dollars and 
ninety-six cents. 

P^or editing the registration report for the year eighteen 
hundred and eighty, under the direction of tlie secretary 
of the Commonwealth, the sum of three hundred doHars. 

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

Ajyproved March 2, 1881, 

48 



Appropriations, 



Incidental 
expciines. 
Secretary. 

Contingent 
expenses. 
Senate an4 
house. 

Public 
documents. 



Term reports, 



Inspector of 
gas meters. 

Engine at 
state prison. 



Board of 
agriculture, 

Travelling 
expenses, 

Railroad 
commissioners 



Lunatic state 
paupers. 



Registration 
report. 



378 



1881. — Chapters 39, 40, 41, 42. 



Chap. 39 An Act in relation to taking and selling, on execution, 

RIGHTS OF REDEEMING LAND FROM TAX SALES. 

Be it enacted, etc., asfolloios : 

Section 1. All rights of redeeming real estate sold for 
the non-payment of taxes, or other assessments, may be 
taken and sold on execution in the manner prescribed in 
relation to the sale on execution of a right of redeeming 
mortgaged lands ; and all rights so sold may be redeemed 
in the manner provided in the case of a sale on execution 
of the right of redeeming mortgaged lands. 

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

Approved March 2, 1881. 



Right of redeem- 
ing from tax 
Bales, may be 
sold on execu- 
tion, and such 
riirht may be 
redeemed. 



Chap. 



Prisoners in 
worlihouBe may 
be released for 
good conduct. 



Amendment to 
1880, 218, § 1. 



40 An Act to amend chapter two hundred and eighteen of 
the acts of the year eighteen hundred and eighty, 
relative to the release of prisoners for good conduct. 

Be it enacted, etc., as follows : 

Section 1. The provisions of chapter two hundred 
and eighteen of the acts of the year eighteen hundred 
and eighty shall apply to prisoners committed to the state 
workhouse at Bridgewater, so that said prisoners shall 
receive the same deductions for good behavior as is pro- 
vided in said act for prisoners in other institutions. 

Section 2. Section one of said act is hereby amended 
by inserting in the thirty-first line thereof, after the word 
" prisons," the following words, " to the prisoners in the 
state workhouse at Bridgewater by the trustees of said 
workhouse." Approved March 2, 1881. 

Chap. 41 An Act in relation to jurisdiction of offences committed 

IN THE state prison. 

Be it enacted, etc., as follows: 

Section 1. The district court of Central Middlesex 
shall have the same jurisdiction of crimes and offences 
committed within the state prison which it has of the 
same crimes and offences committed elsewhere within the 
town of Concord. 

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

Approved March 2, 1881. 

Chap. 42 An Act in relation to office hours in the treasury de- 
partment. 

Be it enacted, etc., as follows: 
Office hours in SECTION 1. Chapter two hundred and thirty-six of the 
reg'Ifiated. acts of the year eighteen hundred and seventy-nine is 



Jurisdiction of 
offences com- 
mitted in state 
prison. 



1881. — Chapters 43, 44. 



379 



hereby amended by adding at the end of the first section 
thereof the following words: '''•provided, that the treasury 
need not be kept open for the receipt and payment of 
money beyond the hour of three in the afternoon." 

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

Approved March 2, 1881. 



An Act in relation to subordinate officers for the re- Chap. 43 

FORMATORY PRISON FOR WOMEN. 

Be it enacted, etc. , as follows : 

Section 1. The superintendent of the reformatory Appointment of 
prison for women may, with the approval of the commis- offlc^/rl'."'*^'' 
sioners of prisons, appoint as many matrons, assistant ma- 
trons and deputy matrons, not exceeding twenty-six in 
all, as the said commissioners may judge necessary for the 
management of said prison. 

Section 2. So much of section five of chapter three inconsistent 

1 11 i'i (> c i-i />ii '1 provisions 

hundred and eiffhty-nve or the acts or the year eisrhteen repealed. 
hundred and seventy-four as is inconsistent herewith is ' 
hereby repealed. 

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

Approved March 2, 1881. 

An Act to regulate the taking of fish in north river Chap. 44 

IN THE COUNTY OF PLYMOUTH. 

Be it enacted, etc., as follotvs: 

Section 1. The inhabitants of the town of Pembroke 
are hereby permitted to take fish at the weir where they 
have usually caught them, on the North River, so called, 
or stream leading to the Indian Ponds, so called, in said 
town, on any secular day of the week, and at any hour of 
the day, and at no other time. 

Section 2. No person or persons shall take fish from 
the stream leading from said North River to the said Indi- 
an Ponds, or streams tributary to the North River, except- 
ing at the weir above mentioned, at any time between the 
tenth day of April and the fifteenth day of May inclusive, 
of each year. 

Section 3. The selectmen or committee for the time 
being, of the town of Pembroke, shall, from the first run- 
ning of alewives, after the tenth day of April in each year, 
take and deposit alive, in good condition, in Indian Ponds 
in said Pembroke, not less than ten thousand alewives, so 
the}' may cast their spawn in said ponds ; and the expense 
of the same shall be borne in equal shares by the towns 
of Pembroke, Marshfield, Scituate and South Scituate, 



Inhabitants 
may talic tish as 
heretofore. 



Fish not to be 
taisen between 
April 10 and 
May 15. 



Alewives to be 
deposited In 
ponds. 



380 



1881. — Chapter 4o. 



Rights of towns 
on river to tiilie 
fisb. 



Rights of inhab- 
itants of Han- 
Aon. 



Penalties. 



Kepeal. 

1872, 229. 



and said towns are hereby permitted to raise money for 
the same. 

Section 4. It shall be lawful for the inhabitants of 
the several towns on North River to take fish on Mon- 
daj^s, Wednesdays and Fridays of each week, from April 
first to June first inclusive, of each year, with ten seines 
only in the manner following, to wit: The towns of South 
Scituate, Scituate and Pembroke shall each have the right 
of disposing at public auction for their own benefit, of the 
])rivilege of catching fish with two seines only, and the 
town of Marshfield the right of disposing at public auc- 
tion for their own benefit, of the privilege of catching 
fish with four seines only, in the river aforesaid. 

Section 5. It shall be lawful for the inhabitants of 
the town of Hanson to take fish from Indian Head River 
on Mondays, Wednesdays and Fridays of each week, from 
April first to June first inclusive, of each year: provided^ 
said inhabitants shall not be allowed to take fish at any 
time from said Indian Head River within eighty rods of 
the mouth of said river. 

Section 6. Any person or persons who may by seine 
or mesh net take fish from the said North River, except 
such persons as have authority under this act, shall be 
punished for each offence by a fine not less than twenty- 
live nor more than one hundred dollars, or by imprison- 
ment in the house of correction not less than one nor 
more than three months. 

Section 7. Chapter two hundred and twenty-nine of 
the acts of the year eighteen hundred and seventy-two, 
and all other acts and parts of acts inconsistent with this 
act, are hereby repealed. 

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

Approved March 2, ISSl. 



Chap. 45 An Act to amend "an act to authorize the county com- 
missioners OF THE COUNTY OV ESSEX TO LAY OUT A HIGH- 
WAY AND CONSTRUCT A BRIDGE OVER IPSWICH RIVER." 

Be it enacted, etc., as follows : 

Section 1. Section one of chapter one hundred and 
seven of the acts of the year eighteen hundred and 
seventy-six is hereby amended by striking out after the 
word "bridge," in the fourth line, the words "and draw," 
and inserting the words " without a draw." 

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

Approved March 2, 188 1. 



May .construct 
bridge without 
a draw. 
3876, 107, § 1. 



1881. — Chapters 46, 47. 



381 



An Act to amend the "act to incorporate the long Chap. 46 

rOXD FISHING COMPANY IN YARMOUTH." 

Be it enacted, etc., as follows: 

Section 1. The act to incorporate the Long Pond charter 
Fishing Company in Yarmouth, being chapter seventy-five m2"75.'^' 
of the acts of the year eighteen hundred and forty-two, is 
hereby amended as follows : — In the first section, seventh 
line, after the word "alewive," insert the words "and 
white perch." In the second section, second line, after 
the word " alewives," insert the words " or white perch ; " 
after the word "ponds," in the third line of said section, 
insert the words " or Parker's River ; " after the words " so 
made," in said line, the words "or within five hundred 
yards from the mouth of said river; " and in the fifth line 
of said section, strike out the word "two," and insert in 
lieu thereof the word " twenty ; " and in the eighth line of 
said section, strike out the word "five," and insert the 
word " fifty." 

Section 2. The rights of riparian owners shall not be Riparian 
affected by this act. °""''^'''- 

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

Ajiproved 3farch 2, 1881. 



47 



An Act to amend the law regulating fishing in con- Chap. 

NECTICUT RIVER AND ITS TRIBUTARIES. 

Be it enacted, etc., as foUoios: 

Section 1. Awj person who shall take or aid or assist shadandaie. 
in taking from the Connecticut River or any of its tributa- colfnecticut '"^ 
ries, within the limits of this Commonwealth, any shad or ^'^'^'■• 
alewives at any other time than between the fifteenth day 
of March and the first day of July in each year, shall for- 
feit and pay for each offence the sum of one hundred dol- 
lars. 

Section 2. Section three of chapter seventy-six of the Amendment to 
acts of the year eighteen hundred and sixty-nine is hereby ' 
amended by striking out the words "fifteenth day of June 
in each year, the meshes whereof are less than five," in 
the eighteenth and nineteenth lines, and inserting the 
words "first day of July in each year, the meshes whereof 
are less than two," in place thereof. 

Section 3. Chapter three hundred and sixty-nine of Repeal, 
the acts of the year eighteen hundred and seventy, and all ^^'"'^®*' 
acts and parts of acts inconsistent with this act, are hereby 
repealed. 

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

Approved March 2, 1881. 



382 



1881. — Chapter 48. 



Chap. 48 



May consolidate 
and form one 
corporation. 



Powers and 
duties. 



First meeting of 
corporation. 



Capital stocl^. 



Privileges (»n4 
fr^ppl^ispS; 



An Act for the consolidation of the nantasket beach, 

the hull and nantasket beach, and the boston, hing- 

ham and hull, railroad companies. 
Be it enacted^ etc., as follows: 

Section 1. The Nantasket Beach Railroad Company, 
the Hull and Nantasket Beach Railroad Company, and 
the Boston, Hingham and Hull Railroad Company are 
hereby authorized, at such time and on such terms as may 
be mutually agreed upon and approved by a majority of 
the votes of the stockholders of each of said corporations, 
at meetings regularly warned for the purpose, to unite and 
form one corporation to be called the Nantasket Beach 
Railroad Company. 

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 the union may be held and enjoyed by the existing cor- 
porations, and be subject to all the duties, restrictions, 
obligations and liabilities to which at the time of the 
union said corporations are subject in severalty, and all 
suits at law or in equit3% and all proceedings before any 
tribunal which may be pending, to which either corpora- 
tion shall be a party, may be prosecuted and defended by 
said consolidated corporation in like manner and with the 
same effect as might have been done had such union not 
been formed. 

Section 3. The first meeting of the corporation here- 
by authorized shall be called by the presidents of the three 
corporations composing its parts, and of the time and 
place of said meeting seven days' notice shall be given by 
publication in one newspaper in Boston and one in Hing- 
ham, and at such meetings persons holding stock in either 
of said corporations shall be entitled to vote in like man- 
ner as they would have been if said corporations had con- 
vened separately. 

Section 4. The original capital stock of the consoli- 
dated corporation shall not exceed in amount the united 
capital stock of the three component corporations as at 
present established in accordance with law. 

Section 5. The said consolidated corporation when 
organized shall have all the rights, powers, privileges and 
franchises, and be subject to all the duties, liabilities, ob- 
ligations and restrictions conferred and imposed upon 
railroad corporations organized nnder the geneial law. 

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

Approced March 2. 1S81. 



1881. — Chapters 49, 50. 



383 



An Act authorizing the new haven and Northampton Chap. 49 

COMPANY TO ISSUE BONDS. 

Be it enacted, etc., as follows: 

Section 1. The New Haven and Northampton Com- May issue 
pany is authorized, for the purpose of paying its floating esc«fdi"g*^ 
debt and completing its railroad, to issue its bonds to an $"o".w<J- 
amount not exceeding seven hundred thousand dollars, 
signed by its president, and countersigned by its treasurer, 
upon being thereto empowered by a majority of the votes 
of its stockholders at a meeting called for the purpose. 
Said bonds shall be for one thousand dollars each, payable 
not more than forty years from date, and bearing interest 
not exceeding six per centum per annum, payable semi- 
annually. 

Section 2. Said New Haven and Northampton Com- May secure 

•ji 11 i. a • j_ •! 1 bonds by mort- 

pany may secure said bonds by a mortgage ot its railroad gage of road. 
from Northampton to the Troy and Greenfield Railroad, 
and from South Deerfield to Turner's Falls, constructed 
under authority given in chapter twenty-six of the acts of 
the 3^ear one thousand eight hundred and eighty, together 
with the stations, rolling-stock, equipment, property, and 
franchises thereto belonging, wherever situate, to trustees 
for the holders of said bonds. 

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

Axyproved March 2-, 1881. 



May maintain 
ferry wliile 
bridge is closed 
to travel. 



An Act to authorize the haverhill and groveland Chap. 50 

STREKT RAILWAY COMPANY TO ESTABLISH AND MAINTAIN A 
FERRY ACROSS MERRIMACK RIVER. 

Be it enacted.^ etc., as folloios : 

Section 1. The Haverhill and Groveland Street Rail- 
way Company is hereby authorized and empowered to 
establish a ferry for passengers across the iMerrimack River 
between the city of Haverhill and the town of Groveland 
in the county of Essex, near the iron bridge between said 
city and town, and to maintain such ferry so long as said 
bridge remains closed to public travel. 

Section 2. The said company is authorized to collect Rates of fare 
fare not exceeding two cents from each passenger at said 
ferry, and, except as herein provided, shall have all the 
rights and privileges and be subject to all the liabilities 
and restrictions set forth in the forty -seventh chapter of 
the General Statutes. Approved March 2, 1881. 



38-1: 



1881. — Chapters 51, 52, 53. 



Chap. 5 1 



Fidelity 
insurance. 
187'J, 130, § 3. 



An Act relating to the transaction of fidelity insurance 
IN this commonwealth. 

Be it enacted, etc., as follows: 

Section 1. Section three of chapter one hundred and 
thirty of the acts of the year eighteen hundred and seventy- 
nine is hereby amended by striking out the "words "life 
insurance," and inserting the words " either life insurance, 
or fidelity insurance : provided, that the business of fidelity 
insurance shall not be transacted in this Commonwealth 
by any company not having a capital of at least two hun- 
dred thousand dollars." 

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

Approved March 2, 1881. 



ChajJ. 52 An Act in relation to payments of fines and costs to 

KEEPERS OF JAILS AND PIASTERS OF HOUSES OF CORRECTION. 



Finos may bo 
paid to lieepel" 
of jail, etc. 



To be paid over 



Be it enacted, etc., as folloios: 

Section 1. Any person committed to a jail or house 
of correction in default of payment of a fine, or fine and 
costs, may pay the same to the keeper of the jail or master 
of the house of correction. 

Section 2. Every keeper of a jail and every master 
luerT'cjilLteriy.' ^f a housc of coTrectioH shall, on the first day of January, 
April, July and October, pay to the county treasurer (in 
Suffolk county to the county collector) all money received 
by him under the provisions of the preceding section dur- 
ing the three preceding months. He shall also render to 
said treasurer (or collector) a sworn statement showing 
the names of the prisoners by whom payments have been 
made, as aforesaid, the court by which each was commit- 
ted, and the amount of fine, or fine and costs, received 
from each. 

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

A]3proved March 2, 1881. 



Chap. 53 



Central Wharf 
and Wet Dock 
Corporation. 



An Act in addition to "an act to incorporate the cen- 
tral WHARF AND WET DOCK CORPORATION." 

Be it enacted, etc., as follows: 

Section 1. The property and estate now held by the 
Central Wharf and Wet Dock Corporation shall, upon 
the acceptance of this act, in the manner hereinafter pro- 
vided, be vested in the corporation ; to be held, leased, 
managed, improved and disposed of as it may deem for its 
interest, and the capital of said corporation shall be di- 
vided into four thousand shares of the par value of one 



1S8L — Chapter 53. 



385 



hundred dollars each, which shares shall be deemed per- 
sonal property, and shall be held, transferred and disposed 
of as such, subject to assessment as provided in the charter 
of said corporation. 

Section 2. Upon the acceptance of this act, as herein- 
after provided, the corporation shall issue to each proprietor 
a certificate of so many of said shares as shall be propor- 
tionate to his interest in the corporate property: provided^ 
however^ if the interest of any proprietor cannot be repre- 
sented by a certain number of such shares, that the cor- 
poration may purchase of such proprietor his fractional 
part of a share. The corporation may by their by-laws 
prescribe the form of certificates and mode of transfer of 
shares. 

Section 3. In case an}^ interest in said corporate prop- 
erty shall, at the time of the acceptance of this act, be 
held by trustees, executors, or persons who are or may be 
under guardianship, such trustees, executors, and the 
guardians of such persons, are hereby authorized to re- 
ceive, in lieu thereof, certificates of so many of the new 
shares as shall represent and be equal to their respective 
interests: provided^ hotvever, that the new shares so received 
shall be taken and held by them respectively upon the 
same trusts and for the same uses and purposes, and sub- 
ject to the same limitations, as the interest previously held 
by them ; and provided^ also, that such trustees, executors, 
and guardians shall give sufficient bond to the judge of 
the probate court for the county in which they respectively 
shall have been appointed, or, in case their appointment 
shall have been by deed, to the judge of the probate court 
for the county of Suffolk, to hold and account for said 
shares and the proceeds of said shares according to the 
terms of their respective trusts ; but said bond may be 
dispensed with, whenever the said trustees, executors, or 
guardians shall have previously given bonds sufficient in 
the opinion of said judge of the probate court to secure 
the proper appropriation of said shares, or whenever the 
giving of a bond with sureties shall have been dispensed 
with in the instrument creating the trust, or whenever all 
persons interested in the trust fund, being of full age and 
legal capacity, certify to the judge of the probate court 
their consent that no bond shall be required. 

Section 4. In case any interest in the said corporate 
property shall, at the time of the acceptance of this act, be 
held by any married man, in which his wife has an in- 
choate right of dower, the certificates to be issued in lieu 

49 



Certificates of 
shares to be 
issued to pro- 
prietors propor- 
tionate to in- 
terest in the 
property. 



To be issued 
to trustees, 
guardians, etc. 



Proviso. 



Right of dower. 



386 



1881. — Chapter 53. 



Proviso. 



Estate for life or 
term of years. 



Proviso. 



Tenant by the 
curtesy. 



thereof shall state that the shares for which they were 
issued are subject to such right of dower; and the wife 
shall have the same rights in the income of said new 
shares as she would have had if the interest of her hus- 
band in the said corporation had continued to be real es- 
tate : provided^ however, a wife may release her right of 
dower in any of said shares by uniting with her husband 
in a transfer thereof, and whenever the right of dower in 
any such shares shall have been once terminated by such 
transfer, or by death, or operation of law, the shares so 
issued shall thereafter have all the incidents of personal 
property. 

Sp:cTiO]sr 5. In case any interest in said corporate prop- 
erty shall, at the time of the acceptance of this act, belong 
to persons having different or separate interests therein, or 
in case an estate for life or a term of years in the same 
belongs to one person, and the remainder or reversion 
belongs to another, and there is no trustee capable of tak- 
ing the same, said new certificates shall be issued to such 
person or persons as all liaving an interest therein shall, 
by an instrument in writing filed with the corporation, join 
in appointing to take the same : provided, however, if any 
of the persons having an interest in said property shall by 
reason of legal disability be incapacitated fiom choosing a 
trustee, or if persons not in being have an interest therein, 
the probate court for the county of Suffolk shall upon 
application appoint some suitable person as trustee ; and 
the person so appointed shall, before entering upon the 
duties of his trust, give a bond to the judge of said probate 
court, with sufficient surety or sureties, in such penal sum 
as the judge directs, conditioned for the faithful perform- 
ance of his duties in appropriating the income and princi- 
pal of said shares, in the same manner that the interest or 
propoition of the corporate property for which they were 
issued would have been appro})riated had that interest 
remained real estate ; which bond, upon breach of its con- 
dition, may be put in suit by order of the probate court 
for the use and benefit of the persons interested in the 
trust property, in like manner as is provided in the case of 
bonds given by executors. 

Section 6. In case any interest in said corporate prop- 
erty shall be owned b}^ any mai-ried woman, and in case 
lier husband shall have a tenancy bv the curtesy initiate 
therein, the certificates to be issued in lieu thereof shall 
state that the shares for wliich they were issued are sub- 
ject to such right of curtesy; and the husband shall have 



1881. — Chapter 54. 



387 



the same interest in the new shares as he would have had 
if the interest of his wife in the said corporate property 
had continued to be real estate: pj-ovided^ however, a hm- Proviso, 
band may release his right of curtesy in any of said shares 
by uniting with his wife in a transfer thereof, and when- 
ever the right of curtesy in any of said shares shall have 
been once terminated by such transfer, or by death, or by 
operation of law, the shares so issued shall thereafter have 
all the incidents of personal property. 

Section 7. Said corporation may purchase additional May purchase 

1 , , ^ ' ji»*jii'A •T>j. • additional real 

real estate lying east or Atlantic Avenue in Boston, in estate. 
Suffolk County, of not more than two hundred and fifty 
thousand dollars in value when purchased, and may hold 
the same for the purposes of the corporation ; and may, at 
a meeting called for the purpose, increase the whole num- 
ber of its shares of the par value aforesaid, to the number 
of seven thousand five hundred shares, for the purpose of 
paying for such additional real estate and improving or 
extending the wharf property which it now owns, or may 
hereafter lawfully acquire, but for no other purpose. 

Section 8. Except to authorize the holding of a meet- subject to 
ing, as hereinafter provided, this act shall be of no effect two'-Vmrds vot^ 
until the same is accepted by the corporation at a meeting m '"Merest. 
duly called for the purpose, and by vote of at least two- 
thirds in interest ; but for the purpose of authorizing the 
holding of said meeting, it shall take effect upon its pas- 
sage, and the whole act shall take full effect upon its accept- 
ance : provided, however, that such acceptance of this act 
shall be held to make the said corporation subject in all re- 
spects to the provisions of section forty-one of chapter sixty- 
eight of the General Statutes. Approved March 2, 1S81. 

An Act in addition to an act to regulate the sale op in- Chap. 54 

TOXICATING LIQUORS. 

Be it enacted, etc., as follows: 

Section 1. No licenses for the sale of spirituous or in- Licenses not to 
toxicating liquoi's shall be granted in any city or town, by vote of the'*' 
under the provisions of chapter ninety-nine of the acts of town or city. 
the year eighteen hundred and seventy-five, unless such 
city at its annual municipal election, or such town at its 
annual meeting, shall vote to authorize the issue thereof 
each year, as hereinafter provided: provided, however, that Proviso, 
licenses may be issued in the discretion of the muuicij)al 
authorities to druggi.sts and apothecaries to sell for medi- 
cinal, mechanical and chemical purposes only, under the 
provisions of chapter two hundred and three of the acts of 



388 



1881. — Chapter 55. 



Proviso. 



Form in which 
vote is to be 
tali en. 



Return of vote 
to be made to 
the secretary. 



Repeal. 



Notice to be 
sent to select- 
men. 



the year eighteen hundred and seventy-eight ; and provid- 
ed, further, that licenses of all classes may be granted in 
any city during the present calendar year without such a 
vote, and in any town in which the warrant for the annual 
meeting for the current year is issued prior to the receipt 
of notice from the secretary of the Commonwealth as here- 
inafter provided. It shall be the duty of the aldermen of 
cities and of the selectmen of towns to insert in the w^ar- 
rant for the annual municipal election or annual meeting 
an article providing that a vote shall be taken as herein- 
after provided on the question of granting licenses for the 
sale of intoxicating liquors. The check list shall be used, 
and the vote shall be by separate ballot; and ballots shall 
be "Yes" or "No," in answer to the question "Shall 
licenses be granted for the sale of intoxicating liquors in 
this city (or town) ?" 

Section 2. The clerks of the several cities and towns 
in which such vote is taken in accordance wdth the provis- 
ions of section one of this act, shall, within thirty days 
after such vote is taken, make a return to the secretary of 
the Commonwealth, giving a true statement of the vote 
cast at such meeting. The}' shall also, annually, during 
the month of November, make returns to the secretary of 
the Commonwealth, showing the number of licenses of 
each class issued, the amount received for the same, by 
classes, and the number revoked, if any. 

Section 3. All acts and parts of acts inconsistent 
herewith are hereby repealed. 

Section 4. This act shall take effect upon its passage, 
and notice thereof shall be sent forthwith by the secretary 
of the Commonwealth to the selectmen of the several 
towns of the Commonwealth. Approved March 3, 1881. 



Chap. 55 



Records of 
locations of 
railroads. 



An Act to amend chapter one hundred and thirtv-five 
of the acts of the year eighteen hundred and seven- 
ty-eight concerning the records of locations of rail- 
ROADS. 

Be it enacted, etc., as folloios: 

Section 1. Chapter one hundred and thirt3'-five of 
the acts of the year eighteen hundred and seventy-eight 
is hereby amended so that the notice to railroad corpora- 
tions authorized by section one may be given at any time 
within two months after the passage of this act, and there- 
upon the corporation notiiied shall during the present cal- 
endar year file a location of its road or of sucli portion 
thereof as the notice requires, with the same effect from 



1881. — Chapters 56, 57, 58, 59. 



389 



the date of filing as if it had been filed under the pro- 
visions of said chapter. 

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

Approved March 5, 1881. 

An Act relating to the bonds of persons appointed by Chap. 56 

THE GOVERNOR OR BY THE GOVERNOR AND COUNCIL. 

Be it enacted., etc., as folloios : 

When a bond is by law required of any person appoint- Bomitobe 

1 1 ., 1 ji 1 -i j_i delivLTt'd before 

ed by the governor or by the governor and council, the commiesion 
commission or certificate of appointment shall not issue •*'**"^'^- 
until a satisfactory bond has been delivered. 

Approved March 5, ISSl. 

An Act authorizing the governor and council to revoke Chap. 57 

CERTAIN appointments. 

Be it enacted^ etc., as folloios : 

Appointments made by the governor or by the governor Appointments 
and council may be by them revoked at any time, for ™/govemoi"ei(;. 
cause, unless the tenure of office or trust is expressly 
determined by the constitution or by law. 

Ajyproved March 3, 1881. 



Chap. 58 



Return of ap- 
pointment of 
special sheriff' 
to be made to 
the secretaiy. 



An Act relative to the appointment of special sheriffs. 
Be it enacted., etc., as follows : 

The sheriffs of the several counties shall immediately 
after the appointment and qualification of any person as 
special sheriff in their respective counties send notice 
thereof in writing, giving the name and residence of the 
appointee, to the secretary of the Commonwealth, who 
shall thereupon make an entry of the receipt of such 
notice in a book to be kept for the purpose. 

Approved March 3, 1881 . 

An Act in addition to "an act to incorporate the hing- Chap. 59 

HAM WATER COMPANY." 

Be it enacted., etc, as follows : 

Section 1. The Hingham Water Company is hereby 
authorized to extend its water pipes or conduits through 
the towns of Hull and Cohasset, or any parts thereof, for 
the purpose of supplying the inhabitants of said towns, 
respectively, with pure water for the extinguishment of 
fires, generation of steam, domestic and other purposes ; 
and it shall have the same privileges, rights and powers 
in and for these localities that are granted it by chapter 



May extend 
water pipes 
through Hull 
and (Johasset. 



390 



1881. — Chapter 59. 



Proviso. 



Proviso. 



To file in the 
retristry of 
deeds a descrip- 
tion of the land 
talien. 



Water supply 
for Hull and 
Cohasset. 



Assessment of 
damages. 



Ilinprham may 
purchase corpo- 
rate property, 
etc. 



one hundred and thirty-nine of the acts of the year 
eighteen hundred and seventy-nine in and for the town of 
Hingham : provided., that whenever for any reason the 
supply of water shall not be more than sufficient for the 
needs of the residents of the towns of Hingham and Hull, 
the residents of the towns of Hingham and Hull shall be 
first supplied ; and provided., further., that whenever for 
any reason the supply of water shall not be more than 
sufficient for the needs of the residents of the town of 
Hingham, the residents of the town of Hingham shall be 
first supplied. 

Section 2. Said corporation shall within ninety days 
after the taking of any land under this act, otherwise than 
by purchase, file in the registry of deeds for the county in 
which the land so taken lies, a description thereof suffi- 
ciently accurate for identification, with a statement of the 
purpose for which the same is taken, signed by the presi- 
dent of the corporation ; and the title of the land so taken 
shall vest in the said corporation. 

Section 3. Said corporation may make such contracts 
with the towns of Hull and Cohasset, respectively, to sup- 
ply water for fire or other purposes, as may be agreed upon 
by said towns, respectively, and said corporation. 

Section 4. Any person or corporation injured in prop- 
erty by any of the acts of said corporation under this act, 
and failing to agree with said corporation as to the amount 
of damages, may have the same assessed and determined 
in the manner provided when land is taken for highways. 
There shall be the same limitation as to the time in which 
suits for injury to person shall be brought, as is provided 
in section four of said chapter one hundred and thirty- 
nine of the acts of the year eighteen hundred and seven- 
ty-nine, and the same forfeitures, payments, fines and 
penalties for the destruction or injury of the works or 
property held, owned or used by said corporation, under 
the authority of and used for the purposes of this act, as 
are provided in section five of said act ; and the town of 
Hingham shall have the same right to purchase the cor- 
porate property and rights acquired by said corporation 
under tiiis act; and, in case of purchase, the same rights 
to issue notes, bonds, scrip or certificates of debt, and to 
sell or pledge the same, or any part thereof, and be sub- 
ject to the same liabilities, and have the same powers, as 
are provided in said former act. 

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

Approved March 5, 1881. 



1881. — Chapters 60, 61. 



391 



An Act to incorporate the brockton savings bank in the Chap. 60 

TOWN OF BROCKTON. 

Be it enacted, etc., asfoUotvs: 

Section 1. J. J. Whipple, W. W. Cross, Davis S. corporators. 
Packard, L. F. Severance, E. H. Joslyn, D. S. Volman, 
Henry A. Ford, Henry E. Lincoln, George E. Freeman, 
Ziba C. Keith, George E. Keith, Loring W. Puffer, B. O. 
Caldwell, Sanford Winter, H. H. Packard, their associates 
and successors, are hereby made a corporation by the 
name of the Brockton Savings Bank, to be located in the Name, 
town of Brockton; with all the powers and privileges Powers and 
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 savings banks and institutions for 
savings. 

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

Approved March 3, 1881. 



An Act to incorporate the mechanics' exchange. 
Be it enacted, etc., as follows : 

Section 1. Leonard F. Creesey, David Perkins, Ben- 
jamin D. Whitcomb, their associates and successors are 
hereby made a corporation by the name of the Mechanics' 
Exchange, for the purpose of establishing, providing, hold- 
ing and managing a mechanics' exchange in the city of 
Boston, for the use and convenience of the members of 
said corporation ; with all the powers and privileges and 
subject to all the duties, liabilities and restrictions set 
forth in all the general laws which now are or may here- 
after be in force applicable to such corporations : provided, 
that nothing in this act contained shall be construed to 
authorize said corporation to traffic in goods, wares or 
merchandise of any description. 

Section 2. Said corporation may for the purpose 
aforesaid hold real and personal estate, not exceeding 
one hundred and fifty thousand dollars in value, to be de- 
voted exclusively to the purposes of said corporation. 

Section 3. No assessment shall be laid upon the mem- 
bers of said corporation to exceed fifty dollars per annum. 

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

Approved March 5, 1881 . 



Chap. 61 



Corporators. 



Name and 
purpose. 



Powers and 
duties. 



Proviso. 



Real and per- 
sonal estate. 



Assessments not 
to exceed fifty 
dollars a year. 



392 



1881. — Chapters 62, 63, 64. 



Chap. 62 



Additional 
ansistiint elei-k 
may bf ap- 
pointed. 



Repeal. 



Chap. 



Ax Act relating to tiik assistant clerks of the municipal 

COURT OF THE CITY OF BOSTON, FOR THE TRANSACTION OF CRIM- 
INAL BUSINESS. 

Be it enacted, etc., as follows: 

Sp:ction 1. The clerk of the municipal court of the 
city of Boston, for the transaction of criminal business, 
may, subject to the approval of the justices of said court 
or a majority of them, appoint an additional assistant clerk 
for said court, who shall be known as the fourth assistant 
clerk, and who shall receive an annual salary of fourteen 
hundred dollars ; all provisions of existing laws relating to 
the appointment, removal, payment, authority and qualifi- 
cations of the present assistant clerks of said court, shall 
apply to said fourth assistant clerk. 

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

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

Approved March 5, 1881. 



63 An Act in addition to " an act limiting the forfeiture op 

POLICIES in life insurance COMPANIES." 



ForTeiture of 
policies in life 
ineii ranee com- 
panies limited. 



Be it enacted., etc., as follows : 

Section 1. The provisions of chapter two hundred and 
thirty-two of the acts of the year eighteen hundred and 
eighty, limiting the forfeiture of policies in life insurance 
companies, shall be binding upon the companies to which 
it applies, any stipulation or condition of forfeiture con- 
tained in their policies or elsewhere to the contrary not- 
withstanding ; and any waiver by the assured of the bene- 
fits of said act shall be void : provided, that this act shall 
not prevent the performance of any stipulation or condi- 
tion in any policy issued before the passage of this act. 

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

Apjiroved March o, 1881. 



Char). 64 An Act to amend an act concerning married women doing 

BUSINESS ON THEIR SEPARATE ACCOUNT. 

Beit enacted, etc., as follows : 

Section 1. Chapter one hundred and ninety-eight of 
the acts of the year eiglitoen hundred ami sixty-two is 
hereby amended by striking out the wortl "file,"' wherever 
the same occurs therein, and inserting in place thereof the 
word "record," and by striking out the word '•'filed," 
wherever the same occurs therein, and inserting in place 
thereof the word "recorded." 



Certificate to be 
recoi'ded in 
clerk's ollice 
wliere business 
is to be done. 



1881. — Chapters 65, 66. 



393 



Section 2. City and town clerks, upon payment of ckrk to record 
their fees, shall record all certificates required by said ««'-"fi«''te, etc. 
chapter one hundred and ninety-eight, in books kept for 
the purpose, noting therein and on each certificate the time 
it is received, and such certificate shall be considered as 
recorded at the time when left for the purpose at the 
clerk's office. And said clerks shall keep an index of all 
certificates so recorded by them, and in such index shall 
make proper reference to all certificates heretofore filed. 
The fees for recording, and all other services relating 
thereto, shall be at the same rate as for recording mort- 
gages of personal property. 

Section. 3. The provisions of this act shall not affect Rights not 
the rights of any party under certificates heretofore filed '**^'^''''^'^- 
as required by said chapter one hundred and ninety-eight. 

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

Approved March 5, 1881. 



An Act to amend section seventeen of chapter seven of the 
general statutes, concerning election returns. 

Be it enacted, etc., as follows : 

Section seventeen of chapter seven of the General Stat- 
utes of this Commonwealth is hereby amended by striking 
out in the eleventh line thereof the word "seven," and in- 
serting therein the word " ten." 

Approved March 5, 1881. 



Chap. 65 



Return of record 
of votes to be 
made within ten 
days. 



An Act in relation to returns from courts and trial jus- Chap. 66 

TICES. 



Be it enacted, etc., as follows : 

Section 1. The returns required by sections eleven, 
twelve and thirteen of chapter fourteen of the General 
Statutes, shall hereafter be made to the commissioners of 
prisons, instead of to the secretary of the Commonwealth. 
Said commissioners shall in their annual report publish 
such abstracts and tabular statements from said returns 
as shall show the results of criminal prosecutions in the 
courts of the Commonwealth. 

Section 2. So much of said chapter fourteen as is in- 
consistent herewith is hereby repealed. 

Approved March 5, 1881. 

50 



Returns to be 
made to coin- 
mi Ksioners of 
prisons. 



394 



1881. — Chapters 67, 68, 69. 



Chap. 67 An Act to amend " an act to incorporate the international 

TRUST COMPANY." 



May invest 
monoyw as sav- 
ings banks are 
allowed to 
invest. 



Repeal of 1879, 
152, § 3. 



Returns to be 
published. 



Subject to 
acceptance. 



Be it enacted, etc., as folloios : 

Section 1. Section five of chapter one hundred and 
fifty-two of the acts of the year one thousand eight hun- 
dred and seventy-nine is hereby amended by adding to 
said section the following: — And said corporation may 
also invest all moneys held by it in trust in any other secu- 
rities in which savings banks are now or may be hereafter 
allowed to invest. 

Section 2. Section three of chapter one hundred and 
fifty-two of the acts of the year one thousand eight hundred 
and seventy-nine is hereby repealed. 

Section 3. The returns of said corporation required to 
be made to the commissioners of savings banks shall be 
jjublished in a newspaper of the city of Boston at the ex- 
pense of said corporation, and in the annual report of said 
commissioners. 

Section 4. This act shall take effect upon its accept- 
ance by said corporation, which acceptance, with the date 
thereof, shall within ten days thereafter be certified by the 
president to the secretary of the Commonwealth. 

Approved March 7, 18S1. 

[Accepted March 17, 1881.] 



Chap. 68 An Act to secure the construction of bridge-guards at all 

BRIDGES ABOVE RAILROAD TRACKS. 

Be it enacted, etc., as follows : 

Section one hundred and nineteen of chapter three hun- 
dred and seventy-two of the acts of the year eighteen hun- 
dred and seventy-four is hereby amended by striking out 
the words "less than eighteen feet." 

Approved March 8, 1881. 



Guards at 
bridges above 
railroad tracks. 



Fees for use of 
lock-ups. 



Chap>. 69 An Act relating to fees allowed for the use of lock-ups. 
Be it enacted, etc., as follows: 

Section seventeen of chapter two hundred and sixteen 
of the acts of the year eighteen hundred and sixty-two is 
hereby amended by striking out the words " a day or at 
that rate for the fractional part of a day," and inserting in 
their place the words "for, each full day of twenty-four 
hours from the time of commitment, and the same sum for 
any fractional part of such day." 

Approved March 8, 1881. 



1881. — Chapters 70, 71, 72. 



395 



An Act to provide that the receivers of insolvent savings Chap. 70 

BANKS AND INSTITUTIONS FOR SAVINGS SHALL DEPOSIT CERTAIN 
MONEYS WITH THE TREASURER OF THE COMMONWEALTH. 

Be it enacted, etc., asfolloivs: 

Receivers of insolvent savings banks and institutions for unclaimed divi- 
savings, having unclaimed moneys or dividends belonging posited°with ^" 
to the estate of any such corporation remaining in their commo*irweaUb. 
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 tlie 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. 

Approved March 8, 1881. 

An Act to make the thirtieth day of mat, known as me- Chap. 71 

MORIAL DAY, A LEGAL HOLIDAY. 

Be it enacted, etc., as follows: 

Section 1. The thirtieth day of May in each year, being Memorial Day 
the day set apart for the decoration of the graves of deceased ho'ifday.''^^''^ 
soldiers, and known as Memorial Day, is hereby made a legal 
public holiday, to all intents and purposes, in the same man- 
ner as Thanksgiving, Fast and Christmas days, the twent}^- 
second day of February, and the fourtli day of July, are 
now by law made public holidays. 

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

Approved March 8, 1881. 



An Act in addition to "an act to incorporate the new- Chap. 

BURYPORT WATER COMPANY." 



72 



Be it enacted, etc., as follows: 

Section 1. The city of Newburyport is hereby author- '^^^^^^^^^^ 
ized to contract with the Newburyport Water Company for p^on. ''^ *"^^' 
a supply of water, for purposes other than fire purposes, for 
a term of years. 

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

Approved March 8, 1881. 



396 



1881. — Chapters 73, 74, 75. 



Chap. 73 An Act to amend " an act in relation to licensing vehicles 

TO CONVEY PERSONS TO AND FROM THE STATE MUSTER-FIELD 
IN THE TOWN OF FRAMINGHAM." 

Be it enacted, etc., as follows: 

Fee for license. SECTION 1. Section 0116 of chapter One hundred and 
forty-nine of the acts of the year eighteen hundred and 
seventy-nine, entitled " An Act in rehition to licensing 
vehicles to convey persons to and from tlie state muster- 
field in the town of Framingham," is amended by striking 
out in the eighth line thereof the words " twenty-five cents," 
and inserting the words " five dollars." 

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

Approved March 8, 1881. 

Chap. 74 An Act to incorporate saint john's church, boston high- 
lands. 
Be it enacted, etc., as folloios : 

Section 1. The religious society and organization now^ 
known as the Rector, Churchwardens, and Vestrymen of 
Saint John's Church, Boston Highlands, is hereby made a 
legal corporation, and its doings and records confirmed and 
made valid, any thing in the manner of its organization to 
the contrary notwithstanding. 

Section 2. Said corporation shall have power to hold 
real estate to an amount not exceeding one hundred thou- 
sand dollars for the purpose of its organization, to wit: to 
maintain the worship of Almighty God according to the 
faith and discipline of the Protestant Episcopal Church of 
the United States of America, and shall have the powers, 
rights and privileges, and be subject to the limitations, 
duties and restrictions, which by law appertain to such 
corporations. 

Section 3. This act shall take effect upon its ])assage. 

Approved March S, 1881. 

Chap. 75 An Act authorizing the ditching of south beach in ed- 

GARTOWN, ADJACENT TO CJREAT POND, AND RELATIVE TO THE 
FISHERIES IN SAIL) POND. 

Be it enacted, etc., asfolloivs: 

Section 1. The lessees holding from the commission- 
ers of inland fisheries a lease of Great Pond and Job's 
water rejfuiatea. >Jeck Poud iu thc towi) of Edgartowu, may, with the per- 
mission of the owners of the land, cut thiough the beach 
known as the South Beacii, lying between tiie waters of 
Great Pond and the ocean, and maintain ditches and dams 



St. .John's 
Church incor 
porated. 



Real estate not 
to exceed 
$100,000. 



South Bench 
may be ditched 
and flow of 



1881. — Chapter 76. 



897 



to regulate the flow of water between said pond and the 
ocean. 

Section 2. Commissioners may be appointed, who to be under 
shall be disinterested persons, in accordance with the pro- commil^oners. 
visions of section three of chapter one hundred and fort}''- 
eight of the General Statutes, who shall have all the 
powers conferred by said chapter and the acts in amend- 
ment thereof and in addition thereto, during and after the 
termination of said lease, notwithstanding any previous 
right of fishery. Said commissioners may direct and con* 
trol the opening and closing of the channel across said 
beach, and the exercise of all rights conferred by the pre- 
ceding section of this act. 

Section 3. Said lessees shall have the right of fish,ery Lessees to have 
in said Great Pond according to the terms of their lease, ""'^ '" * ^"■y' 
under the laws limiting and defining the rights of such 
lessees, notwithstanding any statutes heretofore in force 
specially regulating the fisheries in said pond. 

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

Approved March 8, 1881. 



An Act to incorporatk the uXBRtoGE water compant. 
Be it enacted, etc., as follows: 

Section 1. Moses Taft, Alonzo W. Bennett, Charles 
A. Taft, Martin S. Brown, William E. Hayward, Eben B. 
Hay ward, J. Walter Day, George F. Day and Lewis H. 
Murdock, their associates and successors, are hereby made 
a corporation by the name of the " Uxbridge Water Com- 
pany," for the purpose of furnishing the inhabitants of 
Uxbridge with pure water for the extinguishment of fires, 
domestic and other purposes ; witii 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, for all the purposes afore- 
said, may take, hold and convey into and through the 
town of Uxbridge, or any part thereof, the water in what 
is known as the Zadok A. Taft Brook, together with the 
springs which feed and supply said brook, situated near 
the centre village of said town, on the south-westerly side 
of the road leading from Main street to Pascoag, R.I. 
(said springs being on land of O. C. Smiley), 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 to hold the same, and 



Chap. 76 



Corporators. 



Name and 
l)urpose. 



Powers and 
duties. 



May take water 
from Zadok A. 
Taft Brook. 



May take and 
hold real estate. 



398 



1881. — Chapter 76. 



May lay water 
pipes. 



To file in the 
registry of 
deeds a descrip- 
tion of the land 
taken. 



Assessment of 
.damages. 



May fix rates 
for use of 
water. 



Real and per- 
sonal estate and 
capital stock. 



Penalty for 
diverting water 
or rendering it 
impure. 



for laying and maintaining aqueducts and pipes for distrib- 
uting the waters so taken and held ; and may lay its water 
pipes through any private lauds, 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 
unnecessarily obstruct the same ; and may, under the direc- 
tion of the board of selectmen, enter upon and dig up 
any road or other way for the purpose of laying or repair- 
ing its aqueducts, pipes, or other works ; and in general 
may do any other acts and things necessary and 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 county of Worces- 
ter a description of any land so taken, sufficiently accurate 
for identification, with a statement of the purposes for 
which it is so taken ; and the title to the land so taken 
shall vest in said corporation. Any person injured in his 
property by any acts of said corporation, 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 ; and no suit for 
injury done under this act shall be brought after three 
years from the date of the alleged receipt of injury. 

Section 4. Said corporation may distribute the water 
through said Uxbridge ; 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 
Uxbridge, or any fire district that may be hereafter estab- 
lished, or with individuals, to supply water for fires or 
for other purposes, as may be agreed upon by said town, 
or such fire district or individuals, and said corporation. 

Section 6. Said corporation, for the purposes set forth 
in this act, may hold real and personal estate not exceed- 
ing ten thousand dollars in value ; and the whole capital 
stock shall not exceed ten thousand dollars, to be divided 
into shares of one hundred dollars each. 

Section 6. If an>' 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, acjueduct, pipe, 
conduit, hydrant, nuichinery, or other woiks or property 
held, owned or used by said corporation under the authori- 



1881. — Chapter 77. 



399 



ty 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 Uxbridge, and any fire district 
that ma}^ be established therein, 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 
corporation and said town or any such fiie district, 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, or fire district, upon the condition 
that the same is assented to by said town or fire district 
by a two-thirds vote of the voters present and voting 
thereon at any annual meeting, or at a legal meeting 
called to act on tiie subject. 

Section 8. The owners of lands and water rights 
taken under this act, upon application by either party for 
an estimate of damages, may require said corporation to 
give security, satisfactory to the board of selectmen of 
said town, for the payment of all damages and costs which 
may be awarded to them for the land or other property 
taken. And if, upon petition of the owner with notice to 
the adverse party, the security appears to the selectmen 
of said town to have become insufficient, they shall re- 
quire said corporation to give further security to their 
satisfaction, and all the right or authority of the corpora- 
tion to enter upon and use said land and other property, 
except for making surveys, shall be suspended until it 
gives the security required. 

Section 9. This act shall be null and void unless said 
corporation shall within three years from the passage there- 
of avail itself of its provisions, and commence a prosecu- 
tion of the work herein authorized. 

Section 10. This act shall take effect upon its passage, 

Approved March 9, 1881. 



Corporate 
property may 
be purchased 
by town of 
Uxbridge or 
a fire district. 



Security for 
payment of 
damages may 
be require4. 



Worls to be 
commenced 
within three 
years. 



Chap. 77 



An Act to incorporate the mii.ford water company. 
Be it enacted, etc., as follows : 

Section 1. Moses Joy, junior, Charles W. Shippee, corporators. 
John P. Daniels, Ephraim L. Wires, Charles F, Claflin, 



400 



1881. — Chapter 77. 



Name and 
purpose. 



Powers and 
dulieu. 



May take water 
from any 
streams and 
springs in 
Milford, 



May lay water 
pipes. 



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



Assessment of 
damages. 



their associates and successors, are hereby made a corpora- 
tion by the name of the Milford Water Company, for the 
purpose of furnishing the iiiliabitants of Milford with pure 
water for the extinguishment of fires, and for domestic 
and other purposes, with all the powers and privileges, 
and subject to all 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 may take, hold and con- 
vey through the town of Milford, or any part thereof, the 
water, so far as may be necessary for the purpose, of any 
spring or springs, or of any stream or streams, within said 
town of Milford, and may take ahd hold, by purciiase or 
otherwise, any real estate necessary for the preservation 
and purity of the same, or for forming any dams or reser- 
voirs to hold the same, and for laying and maintaining 
aqueducts and pipes for distributing the water so taken 
and held ; and may lay its water pipes through an}^ private 
lands, with the right to enter upon the same and dig 
therein for the purpose of making all necessary repairs or 
service connections ; 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 unneces- 
sarily 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 
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 8. Said corporation shall, within sixty days 
after the taking of any land or water rights under the 
provisions of this act, file in the registry of deeds of the 
county of Worcester a description of any land so taken, 
sufficiently accurate for identilication, with a statement of 
the purposes for which it is so taken, and the title of the 
land so taken shall vest in said corporation. Any person 
or corporation injured in any way by any acts of said cor- 
poration, and failing to agree with said corporation as to 
the amount of damages, may have the same assessed and 
determined in the manner provided when land is taken for 
highways ; but no application shall be made to the county 
commissioners for the assessment of damages for the taking 
of water rights until the water is actually taken and di- 
verted by said cor[)oration. Any person whose water 
rights are thus taken or affected may apply as aforesaid 
within three years from the time the water is actually 



1881. — Chapter 77. 



401 



withdrawn or diverted, and not thereafter ; and no suit 
for injury done under this act shall be brousfht after three 
years from the date of the alleged receipt of injury. 

Section 4. Said corporation may distribute the water 
through said Milford ; 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 Mil- 
ford, or any fire district that may hereafter be established 
therein, or with individuals or corporations, to supply 
water for fire or for other purposes, 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 estate not exceeding in amount 
sixty thousand dollars ; and the whole capital stock shall 
not exceed one hundred thousand dollars, 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 or aqueduct, pipe, 
conduit, hydrant, machinery, or other works or property 
held, owned or used by said corporation, under the au- 
thority 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 mali- 
cious acts aforesaid, may be punished by a fine not ex- 
ceeding 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 Milford, 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 own- 
ers. 

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

51 



May fix rates 
for use of water. 



Real and per- 
sonal estate and 
capital stock. 



Penalty for 
diverting water 
or rendering it 
impure. 



May purchase 
present aque- 
duct in Milford. 



May Issue 
bonds secured 
by mortgage. 



402 



1881. — Chapter 78. 



Corporate prop- 
erty may be 
purchased by 
townof Milford. 



Work to be 
coramenced 
■within three 
years. 



Security for 
payment of 
damages may 
be required. 



Subject to 
acceptance by 
the town. 



Chap. 78 



Fall River city 

charter 

amended. 



Section 9. The town of Milford shall have the right 
at an}' time during the continuance of the charter hereby 
granted, 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 corporation and 
the said town of Milford ; and the said corporation is au- 
thorized to make sale of the same to said town. In case 
said corporation and said town are unable to agree, then 
the compensation to be paid 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 said court, shall be 
binding upon both parties. And this authority to pur- 
chase said franchise and property is granted on condition 
that the same is assented to by said town by a two-thirds 
vote of the voters present and voting thereon, at a meeting 
called for that purpose. 

Section 10. This act shall be null and void unless 
said corporation shall within three j^ears from the passage 
thereof avail itself of its provisions, and commence a prose- 
cution of the work herein authorized. 

Section 11. Tiie owners of lands and water rights 
taken under this act, upon application by either party for 
an estimate of damages, may require said corporation to 
give security, satisfactory to the board of selectmen of 
said town, for the payment of all damages and costs which 
may be awarded to them for the land or other property 
taken. And if, upon petition of the owner with notice to 
the adverse party, the security appears to the selectmen of 
said town to have become insufficient, the}' shall require 
said corporation to give further security to their satisfac- 
tion, and all the right or authority of the corporation to 
enter upon or use said land and other property, except for 
making surveys, shall be suspended until it gives the se- 
curity required. 

Section 12. This act shall take effect upon its accept- 
ance by a vote of a majority of the legal voters of said 
town of Milford, present and voting at a meeting duly 
warned for that purpose. Approved March 9, 1881. 



A\ Act to amend tue cuarter of tue city of fall kivek. 

Be it enacted, etc., as folloivs : 

Section 1. The city council of the city of Fall River 
may in the year eighteen hundred and eighty-one, and not 
afterwards before the year eighteen hundred and eighty- 



1881. — Chapter 78. 



403 



Election of 
mayor, alder- 
men, common 
councilraen and 
ward officers. 



five, nor oftener than once in five years thereafter, revise New division 
and if needful make a new division of the city into such "^ "^'"' ^• 
number of wards, not less than six nor more than twelve, 
as said council shall deem the interests of the city may re- 
quire ; and the said wards shall be 'so constituted as to 
contain, as nearly as may be consistent with well defined 
limits to each ward, an equal number of qualified voters 
in each ward, but no such division of wards shall have the 
effect to change the boundary lines of any representative 
district previously established; and until such revision 
be made the boundary lines of the wards of the said city 
shall remain as now established : provided^ that in case the 
number of said wards shall be increased, each ward shall 
be entitled to one alderman and three common council- 
men. 

Section 2. The mayor shall be an inhabitant and 
qualified voter of the city of Fall River, and shall be 
elected by the qualified voters of the city at large. One 
alderman, thiee common councilmen, and the following 
ward officers, viz. : a warden, clerk and three inspectors of 
elections, who shall be different persons, shall be elected 
by the qualified voters of each ward, and shall be inhabit- 
ants and qualified voters of the wards where elected. 

Section 3. The mayor shall be the chief executive 
officer of said city of Fall River. It shall be his duty to officer of\he 
be vigilant and active in causing the laws, ordinances and '^"'y* 
regulations of the city to be duly executed and enforced, 
to exercise a general supervision over the conduct and acts 
of all subordinate officers, to examine into all complaints 
preferred against them for violation or neglect of duty, 
and as far as is in his power cause all negligence, careless- 
ness or violation of duty to be duly prosecuted and pun- 
ished ; and, whenever in his judgment the good of the city 
may require it, he may call meetings of the city council, 
or either branch thereof, by causing a written notice to be 
left at the place of residence of each member, or delivered 
to him in person, although the meeting of said branches, 
or either of them, may stand adjourned to a more distant 
da}'- ; and he shall perform such other duties as the city 
council may legally and reasonably require. The mayor, 
from time to time, shall communicate to the city council, 
or either branch thereof, all such information, and recom- 
mend all such measures, as in his opinion may tend to the 
improvement of the finances, the police, health, security, 
cleanliness, comfort, government and ornament of the 
city. He shall when present preside in the board of alder- 



Mayor to be 

chief executive 



404 



1881. — CHArTER 78. 



To make notni- 
natiotiK subject 
to confirmation 
or ri-jeetion by 
aldermun. 



Meeting for 
organization of 
government. 



Aldermen to 
elect chairman 
■who shall pre- 
Biile, in thi; 
absence of the 
mayor. 



(Common coun- 
cil to elect a 
president. 



men and in convention of the two l)ranches of the city 
council, but shall have no right to vote. In all cases in 
which appointments are directed to be made by the mayor 
and aldermen, the mayor shall have exclusive power of 
nomination, subject however to confirmation or rejection 
by the board of aldermen ; but if a person so nominated 
shall be rejected, it shall be the duty of the mayor to 
make another nomination within one month from the time 
of such rejection. 

Section 4. The persons returned to serve as aldermen 
and members of the common council shall on the first 
Monday of January, at ten o'clock in the forenoon, meet 
in their respective rooms ; the board of aldermen shall be 
called to order by the mayor elect, or in his absence by the 
senior member ; the common councilmen shall be called to 
order by the senior member, and on the appearance of a 
quorum of each branch notice shall be communicated to 
the other of that fact, and the two branches shall then 
forthwith meet in convention. If no mayor who accepts 
the office has been chosen prior to said first Monday in 
January, the city clerk shall read the record of that fact 
in presence of the persons assembled ; otherwise the oath 
of office shall be administered to the mayor elect by the 
city clerk, or by any justice of the peace. The oath of 
office shall be administered to the members present by the 
mayor or by any justice of the peace, and a certificate 
thereof shall be entered in the journals of the board of 
aldermen and of the common council by their respective 
clerks. 

Section 5. After the organization of the city govern- 
ment as aforesaid, the two branches shall separate, and the 
persons chosen and qualified as aldermen shall meet, and 
when a quorum shall be present said board shall proceed 
to choose one of their number as permanent chairman, 
who shall, in the absence of the mayor, preside at all meet- 
ings of said board, and in convention of the two branches ; 
and in case of any vacancy in the office of mayor, for any 
cause, he shall exercise all the powers and perform all the 
duties of said office as long as such vacancy shall con- 
tinue ; and he shall always have a vote in said board, and 
in convention of the two branches, but shall not, in addi- 
tion, have a casting vote. In the absence of the mayor 
and chairman of the board of aldermen, said board may 
choose a chairman ^'^o tempore. 

Section G. The persons chosen and qualified as com- 
mon councilmen shall meet and act together as a separate 



1881. — Chapter 78. 



405 



body, distinct from the board of aldermen, except in those 
cases in whicli the two bodies meet in convention ; and 
the common council sliall have power from time to time to 
choose by ballot one of their number as president, who 
shall preside over their deliberations and preserve order 
and decorum therein. The city auditor shall be clerk of 
the common council, and shall be sworn to the faithful 
discharge of his duties as such. It shall be the duty of 
the clerk to attend said council when the same is in ses- 
sion, to keep a journal of its acts, votes and proceedings, 
and to perform such other duties in said capacity as said 
council may require. In the absence of the clerk, a clerk 
pro tempore may be chosen by ballot, and shall be duly 
qualified. 

Section 7. In case of the decease or resignatinn of the 
mayor, or of his inability to perform the duties of his office, 
the board of aldermen and common council shall respec- 
tively by vote declare that a vacancy exists in said office, 
and the cause thereof, whereupon the board of aldermen 
shall issue their warrants in due form for the election of 
mayor, and the same proceedings shall be had as aie herein 
before provided for the choice of mayor, and the mayor 
thus elected shall hold his office during the remainder of 
the municipal year, and until another is chosen and quali- 
fied in his stead : provided., however., that when such va- 
cancy occurs on or after the first day of October in any 
year, it shall be discretionary with said board of aldermen 
and common council to order, or not to order, an election 
to fill such vacancy. 

Section 8. Any person chosen a member of the board 
of aldermen or of the common council, who shall not be 
qualified at the organization of the city council on the first 
Monday in January, or who, after said organization, shall 
be elected to fill a vacancy in either of said boards, may 
be qualified at any time by the mayor in presence of the 
board of aldermen ; and in case of the temporary absence 
of the city clerk, the mayor, by and with the advice and 
consent of the board of aldermen, may appoint a clerk joro 
tempore.! who shall be dul}" qualified. 

Section 9. The city council shall elect, by joint ballot 
in convention, three persons to be assessors of taxes, one 
to serve one year, one to serve two years, and one to serve 
three years, from the first Monday of March next follow- 
ing, and until tlieir successors are respectively chosen and 
qualified. In each succeeding year, as soon after the or- 
ganization of the city council as may be convenient, said 



City auditor to 
be clerk of the 
common coun- 
cil. 



Clerk pro 
tempore. 



Vacancy in the 
office of mayor. 



Qualification of 
mcnibers not 
qualified at 
organization. 



Assessors of 
taxes. 



406 



1881. — Chapter 79. 



To hold office 
for three years. 



Overseers of the 
poor. 



council shall elect by joint ballot in convention, one assess- 
or of taxes, who shall hold his ofSce for the term of three 
years from the first Monday in March in said year, and 
until his successor is chosen and qualified. The assessors 
thus chosen shall constitute the board of assessors for the 
city, and shall exercise the jjowers and be subject to the 
duties and liabilities of assessors of towns in this Common- 
wealth, and shall be sworn to the faithful performance of 
the duties of their office. All taxes shall be assessed, ap- 
portioned and collected in the manner prescribed by the 
laws of the Commonwealth : provided, however, that the 
city council may establish additional provisions not incon- 
sistent therewith. 

Section 10. The overseers of the poor shall consist of 
the mayor and the board of aldermen, who shaD appoint 
an agent, define his duties, and fix his compensation. Said 
overseers shall have all the powers heretofore conferred 
upon the overseers of the poor of the city of Fall River, 
and all the powers of overseers of the poor in towns, but 
shall receive no compensation for their services. 

Section 11. All acts and parts of acts inconsistent 
herewith are hereby repealed. 

Approved March 12, 1881. 

Chap. 79 An Act in addition to " an act for supplying south adams 

WITH PURE WATER." 

Be it enacted, etc., as folloivs: 

Section 1. The South Adams fire district is author- 
ized by and through the agency of the prudential com- 
mittee of said district, for the purpose of furnishing an 
additional supply of water for the purposes mentioned in 
chapter one hundred and ninety-seven of the acts of the 
year one thousand eight hundred and seventy-three, to 
take and hold, by purchase or otherwise, in addition to 
the water, water rights and lands now held by said dis- 
trict, under and by virtue of said chapter, any lands on or 
near Bassett's Brook in the towns of Cheshire and Adams, 
so far as the same may be necessary to erect and maintain 
one or more dams to raise and retain the water in said 
brook, make and maintain reservoirs, lay aqueducts for 
discharging said waters, preserving the purity thereof, and 
securing a way to and from the same. 

Section 2. Said district shall be lia])le to pay all 
damages sustained by any person or corporation in their 
property, by taking of any lands b}- said district for the 
purposes aforesaid. If any person or corporation sustain- 



Water supply 
for the South 
Adiims fire 
district. 



Liability for 
damages. 



1881. — Chapter 79. 



407 



ing damage as aforesaid cannot agree with said district 
upon the amount of said damages, they may have them 
assessed in the manner provided by law with respect to 
land taken for highways. 

Section 3. For the purpose of defraying the expenses 
which may be incurred by said district in carrying into 
effect the powers granted by this act, the town of Adams 
may issue from time to time notes, scrip, or certificates of 
debt, to be denominated on the face thereof " South 
Adams Water Scrip," to an amount not exceeding twenty 
thousand dollars, and bearing interest not exceeding six 
per centum per annum. Said interest shall be paid semi- 
annually, and the principal shall be payable at a period 
not more than twenty years from the issue of said notes, 
scrip, or certificates respectively. All notes, scrip, or cer- 
tificates issued as aforesaid, shall be signed by the treas- 
urer of said town and countersigned by the chairman of 
the selectmen, and a record of said notes, scrip, and 
certificates shall be made and kept by said treasurer. The 
town of Adams may loan said notes, scrip, or certificates 
to the South Adams fire district upon such terms and 
conditions as maybe by said town prescribed; and said 
district may sell the same or any part thereof, from time 
to time, or pledge the same for money borrowed for the 
purpose aforesaid, upon such rates, or upon such terms, as 
said fire district shall deem proper. 

Section 4. The town of Adams may assess and collect 
upon the estates real and personal in said fire district all 
taxes necessary to pay the principal and interest of the 
notes, scrip, and certificates issued and loaned as aforesaid. 

Section 5. Said fire district shall, within six months 
from the time of taking any lands as before provided, file 
in the registry of deeds of the northern district of Berk- 
shire an accurate description of the lands so taken; and 
said district shall, upon the written request of any person 
whose lands are so taken, furnish him with an accurate 
description of the same. 

Section 6. The provisions of section ten of said 
chapter are hereby extended and shall apply to any lands, 
dams and works taken, erected or maintained by said 
district under and by virtue of this act. 

Section 7. This act shall take effect upon its passage. 

Approved March 12^ 1881. 



Town of Adams 
may issue South 
Adaras water 
scrip. 



Town may loan 
scrip to fire 
district. 



Taxes to be 
imposed to pay 
principal and 
interest. 



Description of 
the land taken, 
to be filed in 
registry of 
deeds. 



Provisions of 
1873, 197, § 10, 
to apply, etc. 



408 



1881. — Chapter 80. 



Chap. 80 



Corporators. 



Name and 
purpose. 



Capital stock 
and sliarus. 



Dopositu may 
be iii.kIc l)y 
adiniiiisttators, 
InistffH, olc. 



An Act to incorporate the American loan and trust com- 
pany. 

Be it enacted^ etc., as follows: 

Section 1. Alexander H. Rice, William W. Clapp, 
Albert L. Coolidge of Boston, Levi C. Wade of Newton, 
and Henry M. Whitney of Brookline, their associates and 
successors, are hereby made a corporation by the name of 
the American Loan and Trust Company, for the purpose 
of borrowing money, and of receiving on deposit, storage, 
or for safe keeping, money and other property of every 
description, and of collecting and disbursing the income 
and principal of said properl3\ when due; of loaning or 
advancing money or credits on real and personal security; 
of acting as trustee or financial or other agent for any 
person, firm, corporation, association, municipality, gov- 
ernment, state or national authority, and in their behalf 
to negotiate loans, to sell and negotiate the sale of securi- 
ties ; to issue, register and countersign certificates of stock, 
bonds and other evidences of indebtedness, and to receive 
and make payments on account of the same ; and to re- 
ceive money and invest the same; and all the powers and 
privileges necessary for the execution of the above pur- 
poses are hereby granted, subject nevertheless to all the 
duties, restrictions and liabilities set forth in all the gen- 
eral laws whicli now are or hereafter may be in force 
relating to such corporations. 

Section 2. The capital stock of said corporation shall 
be two hundred and fifty thousand dollars, to be divided 
into shares of one hundred dollars each, and to be paid 
for at such times and in such manner as the board of 
directors shall decide : provided, that no business shall be 
transacted by said corporation until said two hundred and 
fift}^ thousand dollars is subscribed for and actually paid 
in ; and no certificate of shares shall be issued until the 
par value of such shares shall have actually been paid in, 
in cash. The said corporation may increase its capital 
stock from time to time until the same amounts to one 
million dollars. 

Section 3. Any administrator, executor, assignee, 
guardian or trustee, any court of law, equity, probate 
and insolvency, may deposit or direct any nu)neys, prop- 
erty, papers, documents, and evidences of debt to be 
deposited with said corporation, which is hereby author- 
ized to receive and hold tlie same upon such terms as may 
be agreed upon, but said corporation sjiall not be required 
to assume or execute am' trust without its own assent. 



1881. — Chapter 80. 



409 



All such moneys or properties received under the provis- 
ions of this section, shall be loaned on or invested only 
in the authorized loans of the United States, or of any of 
the New England states, or in the authorized loans of the 
cities, counties or towns of the New England states whose 
net indebtedness does not exceed three per centum of the 
valuation of the taxable property therein, to be ascer- 
tained by the last preceding city, county or town valuation 
for the assessment of taxes, or stock of any state, or 
national bank organized within this Commonwealth, or 
the first mortgage bonds of any railroad which has earned 
and paid regular dividends on its stock for two years next 
preceding such loan or investment, or first mortgages on 
real estate, or upon the notes of corporations created 
under the laws of any of the New England states, or of 
individuals, with a sufficient pledge as collateral of any 
of the aforesaid securities (but all real estate, acquired by 
foreclosure of mortgages, or by levy of execution, shall be 
sold at public auction within two years of such foreclosure 
or levy). All such money or property received, invested 
or loaned under this section shall be a special deposit in 
said corporation, and the accounts thereof shall be kept 
separate, and such funds, the investment or loans of them, 
shall be specially appro23riated to the security and pay- 
ment of such deposits, and not be subject to the other 
liabilities of the corporation ; and for the purpose of 
securing the observance of this provision, said corporation 
shall have a trust department, with a special set of books, 
in which all business authorized by this section shall be 
kept separate and distinct from its other business. 

Section 4. The commissioners of savings banks shall 
inspect, examine and inquire into the affairs, have access 
to the vaults, books and papers, of said corporation ; and 
said corporation shall make returns to the savings bank 
commissioners in such manner as may be prescribed by 
them, once in each year at least, and at other times when 
said commissioners shall by written notice direct the same 
to be made, and to the same extent as if this corporation 
were a savings bank. The returns of said corporation 
required to be made to the commissioners of savings banks 
shall be published in a newspaper of the city of Boston, 
at the expense of said corporation, and in the annual 
report of said commissioners. 

Section 5. Said corporation sliall be subject to the 
provisions of chapter two hundred and eighty -three of the 
acts of the year eighteen hundred and sixty-five, and any 
52 



Investments in 
authorized loans 
of the United 
States, New 
England states, 
etc. 



To constitute a 
special deposit. 



Commissioners 
of savings banks 
to examine, etc. 



Returns to be 
published in a 
newspaper in 
Boston. 



Subject to pro-, 
visions of 1865. 
283. 



410 



1881. — Chapter 80. 



Returns to be 
made to the tax 
commissioner. 



To pay tax into 
state treasury, 
as assessed by 
tax commis- 
sioner. 



Taxes not to be 
assessed in any 
town on prop- 
erty held in 
trust, or de- 
posited on 
interest, or for 
investment. 



Deposits with- 
drawable on 
demand to be 
deemed in pos- 
session of 
payee. 

Real estate not 
to exceed 
$250,000. 



acts now existing, or whicli may hereafter be passed in 
amendment or lieu thereof. 

Section 6. Said corporation shall also annually be- 
tween the first and tenth days of May, return to the tax 
commissioner a true statement, verified by the oath of the 
president and treasurer of the corporation, of the amount 
of all sums deposited with it, on interest, other than those 
specified in section eight of this act ; together with the 
name of every city and town in this Commonwealth where 
any beneficial owner resided on said first day of May, and 
the aggregate amount of such deposits then held for the 
benefit of persons residing in each of the cities and towns 
under the penalties provided in section fourteen of chapter 
two hundred and eighty-three of the acts of the year eigh- 
teen hundred and sixty-five, and acts in amendment or lieu 
thereof for corporations failing to make the returns pro- 
vided for in said act. Said corporation shall annually pay 
to the treasurer of the Commonwealth, a sum to be ascer- 
tained by assessment by the tax commissioner upon an 
amount equal to the total value of such deposits at three- 
fourths of the rate ascertained and determined by him 
under section five of chapter two hundred and eighty-three 
of the acts of the year eighteen hundred and sixty-five, 
and acts in amendment thereof. 

Section 7. No taxes shall be assessed in any city or 
town, for state, county or town purposes, upon or in re- 
spect of any such property held in trust or any such 
amounts deposited on interest or for investment ; and in 
regai'd to such sums so to be assessed and paid as aforesaid, 
said corporation shall be subject to sections eleven, twelve 
and thirteen, the last paragraph of section fifteen, and 
section seventeen of chapter two hundred and eighty- 
three of the acts of the year eighteen hundred and sixty- 
five and acts in amendment or lieu thereof, so far as the 
same are applicable thereto. 

Section 8. Deposits with said corporation which can 
be withdrawn on demand, or upon not exceeding ten days 
notice, shall, for purposes of taxation, be deemed money 
in possession of the person to whom the same is payable. 

Section 9. Said corporation may hold real estate in 
the city of Boston suitable for the transaction of its busi- 
ness, to an amount not exceeding two hundred and fifty 
thousand dollars. 

Section 10. This act sliall take effect upon its passage. 

Approved March il\ 188 1. 



1881. 



Chapters 81, 82. 



411 



Repeal of 1880, 
127, §8. 



Town of Lee 
may purchase 
corporate rights 
and property of 
company. 



An Act to amend ' ' an act to incouporate the berk- Chap. 8 1 

SHIRE WATER COMPANY." 

Be it enacted, etc., as follows : 

Section 1. Section eight of chapter one hundred and 
twenty-seven of the acts of the year eighteen hundred 
and eighty is hereby repealed, and the following substituted 
therefor : " The town of Lee shall have the right at any time 
during the continuance of the charter of said water com- 
pany to purchase the coiporate property and all the rights 
and privileges of said company, at a price which may be 
mutually agreed upon between said corporation and the 
said town of Lee ; and the said corporation is authorized 
to make sale of the same to said town. In case said cor- 
poration and said town are unable to agree, then the com- 
pensation to be paid shall be determined by three commis-' 
sioners, to be appointed by the supreme judicial court 
upon application of either party, and notice to the other, 
whose award, when accepted by the court, shall be binding 
upon both parties. This authority to purchase said fran- 
chise and property is granted on condition that the same 
is assented to by said town by a two-thirds vote of the 
voters present and voting thereon at a meeting called for 
that purpose." 

Section 2. The Berkshire Water Company may issue 
bonds and secure the same by a mortgage on its works, 
structures, equipments, franchise, and other property, real 
or personal, to an amount which shall not exceed the capi- 
tal stock of said company actually paid in and applied to 
the construction or completion of said Berkshire Water 
Company's works. 

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

Approved March 12, 1881. 



Subject to assent 
of two-thirds of 
the voters. 



Bonds may he 
issued not ex-: 
ceeding amount 
of capital stock- 



An Act in addition to an act to incorporate the massa- Chap. 82 
chusetts hospital life insurance company. 



Be it enacted, etc., as follows : 

Section 1. It shall be lawful for the Massachusetts 
Hospital Life Insurance Company, in addition to the 
investments which it is now authorized by law to make, 
to invest its capital, and the moneys intrusted to it, or in 
any way received by it, in the first mortgage bonds of any 
railroad company, which has earned and paid regular 
dividends for two years next preceding such investment, 
or in the bonds of any such railroad company incorporated 
in the New England states, unincumbered by mortgage, 



Investment of 
capital and 
moneys in- 
trusted to 
company. 



412 



1881. — Chapter 83. 



Shares in cor- 
porations held 
in trust for des- 
ignatod benc- 
flciarifs not to 
be taxed. 



Returns to he 
made to cora- 
missioners of 
savings banlis. 



or in the notes of individuals or corporations with a suffi- 
cient pledge of said bonds as collateral, in tlie notes of 
corporations created by the laws of any of the New Eng- 
land states, the property of which is unincumbered by 
mortgage, and in any stocks or securities in which savings 
banks now are or hereafter may be allowed to invest. 

Section 2. Shares in corporations taxable under the 
provisions of chapter two hundred and eighty-three of the 
acts of the year eighteen hundred and sixty-five, which 
have been or may be conveyed to the company to be held 
specifically in trust for designated beneficiaries, shall not 
be included in the returns required by chapter two hun- 
dred and twenty-four of the acts of the year eighteen 
hundred and sixty-two and acts in addition thereto, or in 
the assessment of taxes upon such returns. 

Section 3. The commissioners of savings banks shall 
inspect, examine and inquire into the affairs, have access 
to the vaults, books and papers of said corporation ; and 
said corporation shall make returns to the savings bank 
commissioners in such manner as may be prescribed by 
them, once in each year at least, and at other times when 
said commissioners shall by written notice direct the same 
to be made, and to the same extent as if tins corporation 
were a savings bank. 

Section 4, This act shall take effect upon its accept- 
ance by the Massachusetts Hospital Life Insurance Com- 
pany. Approved March 12,1881. 

[Accepted March 26, 1881.] 

Chap. 83 An Act to incorporate the maple grove cemetery associa- 
tion IN THE TOWN OF WESTPORT. 

Be it enacted, etc., asfoHoivs: 

Section 1. Joseph C. Little, Frederick Gifford, Alex- 
ander A. Tripp, George E. Griffin, their associates and 
successors, are hereby made a corporation by tlie name of 
the Maple Grove Cemetery Association, for the purjiose of 
establishing and maintaining a place for the burial of the 
dead, to be located in the town of Westport in the county 
of Bristol, and shall have all the powers and privileges, 
and be subject to all the duties, liabilities and restrictions 
of the statutes applicable to similar coiporations. 

Section 2. Said corporation may hold real and per- 
sonal estate for the purj^ose aforesaid, not exceeding in 
amount the sum of five thousand dollars. 

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

Apjyroved March 12, 1881. 



Subject to 
acceptance. 



Corporators. 



Kanie and 
purpose. 



Powers and 
duties. 



Real and per 
Boiial i'i«tjile. 



1881. — Chapters 84, 85, 86. 



413 



An Act to change the name of the newton corner baptist Chap. 84 

CHURCH and society, AND TO CONFIRM THE DOINGS THEREOF. 

Be it enacted^ etc., as folloios: 

Section 1. The name of the Newton Corner Baptist Name changed. 
Church and Society is hereby changed to the Newton 
Baptist Church and Society, and all proceedings of said 
corporation relating to the election of its officers hereto- 
fore are hereby ratified and confirmed, any defects or in- 
formalities therein to the contrary notwithstanding ; and 
all acts done by any and all of said officers are hereby Doings ratified. 
made valid and confirmed to the same extent as though 
they had been severally sworn and qualified to discharge 
the duties of their respective offices ; and all other acts 
and proceedings of said corporation, which religious socie- 
ties may lawfully do, so far as the same may be defective 
or invalid, are hereby ratified and confirmed. 

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

Approved March 12, 1881. 



85 



An Act to change the name of the congregational society Chap. 

OF " THE SOUTH PARISH OF WILBRAHAM." 

Be it enacted, etc.. as follows: 

Section 1. The religious society in the town of Flamp- Name changed, 
den now and heretofore known as " The South Parish of 
Wilbraham," shall be hereafter known as " The First Con- 
gregational Society of Hampden." 

Section 2. The title to all property and the liabilities Tuie to property 
of said society shall be in no way changed or affected by godety!noT* °^ 
said change of name, but remain the same as if the name effected. 
had not been changed. 

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

Approved March 12, 1881. 

An Act to incorporate the states union telegraph and Chap. 86 

TELEGRAPH CONSTRUCTION COMPANY, 

Be it enacted, etc., as follows : 

Section 1. Chester Snow, Erastus P. Carpenter, Joseph Corporators. 
K. Baker, Joseph W. Stover, their associates and suc- 
cessors, are hereby incorporated as the States Union Tele- 
graph and Telegraph Construction Companj^ for the pur- 
pose of manufacturing material, machinery and equipment 
pertaining to the transmission of intelligence by electrici- 
ty, and for constructing, maintaining and operating a line 
or lines of telegraph in any part of the United States and 
Canada, with all the powers and privileges, and subject to futLT ^^^ 



Name and 
purpose. 



414 



1881. — Chapter 87. 



Capital stock. 



Twenty-five 
trustees to be 
elected, who 
shall elect 
directors, etc. 



Franchise not to 
be sold without 
consent of the 
legislature. 



all the duties, restrictions and liabilities, except as herein 
otherwise expressly provided, set forth in all general laws 
which now are or hereafter may be in force relating to 
such corporations : provided^ that if any post is erected 
without the consent first obtained of the owner of the es- 
tate in front of which such post is to be erected, such 
owner shall have the right to sue for damages in any court 
within one year from such erection. 

Section. 2. The capital stock of said corporation shall 
be five hundred thousand dollars, all of which shall be 
paid in cash before said corporation shall commence busi- 
ness, and said capital may be increased from time to time 
to an amount not exceeding the sum of ten million dollars. 

Section 3. The stockholders of said company shall, at 
a meeting duly called for that purpose, elect twenty-five 
trustees, who shall be stockholders, to hold their office, 
five for five years, five for four years, five for three years, 
five for two years, and five for one year ; and thereafter at 
each annual meeting five trustees shall be chosen for the 
term of five years. Said trustees shall annually elect a 
president, clerk, treasurer, and five directors of said com- 
pany, in whom shall be vested the powers and duties usu- 
ally exercised by such officers. 

Section 4. The franchise, charter, or any portion of 
the telegraph line of said corporation, shall not be leased, 
sold, or offered for sale or lease, to any company, or to any 
person or association of persons, without 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 it may 
deem sufficient. 

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

Ajyj^roved March 14, 1881. 



Chap. 87 



May increase 
capital stock. 



No chares to be 
SBUed at less 
bun par value. 



An Act to authorize an increase of the capital stock of 
the boston and hingham steam boat companr. 

Be it enacted, etc., as follows: 

Section 1. The Boston and Hingham Steam Boat 
Comi:)any is hereby authorized to increase its capital stock 
by an amount which together with the capital heretofore 
authorized shall not exceed in the aggregate five hundred 
thousand dollars, and to invest such increase in real and 
personal estate necessary and convenient for carrying on 
the business of said company : provided, that no shares in 
the capital stock hereby authorized shall be issued for a 
less sum, to be actually paid in on each share, than the 



1881. — Chapters 88, 89, 90. 



415 



par value thereof, which shall not be less than one hun- 
dred dollars. 
Section 2. This act shall take effect upon its passage. 

Approved March 16, 1881. 

An Act to amend " an act to authorize towns to raise Chap. 88 

MONEY TO CELEBRATE CERTAIN ANNIVERSARIES." 

Be it enacted, etc. , as follows : 

Section one of chapter one hundred and twelve of the Publication of 
acts of the year eighteen huncli-ed and seventy-four is cerebratlon^of* 
amended by adding at the end thereof the words " and for ^^9J^» anniversa 
publishing the proceedings at any such celebrations." 

Ajyproved March 16, 1881. 



Chap. 89 



An Act relative to law library associxVtions 
Be it enacted, etc., as folloius : 

Section 1. Section six of chapter thirty-three of the Payments for 



benefit of county 
law library 
associations. 



General Statutes is hereby amended so as to read as foL 
lows : — County treasurers shall annually pay to the county 
law library associations in their respective counties, all 
sums paid into the county treasuries by the clerks of the 
courts during the year, but not exceeding fifteen hundred 
dollars in any one year ; and they may also pay such fur- 
ther sums from the county treasury as the county com- 
missioners deem necessary and proper. All sums so paid 
shall be applied to maintain and enlarge such libraries for 
the use of the courts and citizens. This act shall apply 
to all sums paid into the county treasuries by the clerks 
of the courts from and after the first day of January eigh- 
teen hundred and eighty-one. 

Section 2. Chapter one hundred and fifty-six of the Repeal of i874, 
acts of the year eighteen hundred and seventy-four is here- "^°^' 
by repealed. 

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

Approved March 16, 1881. 

An Act in relation to the release of prisoners from the Chap. 90 

REFORMATORY PRISON FOR WOMEN. 

Be it enacted, etc., as follows : 

Section 1. When it shall appear to the commissioners Permit to be at 
of prisons that any person imprisoned in the reformatory issuecf to re- 
prison for women has reformed, they may issue to her a subTect To"'"*^"* 
permit to be at liberty during the remainder of her term levocation. 
of sentence, upon such conditions as they deem best ; and 
they may revoke said permit at any time previous to its 



416 



1881. — Chapter 91. 



Warrant of ar- 
rest to issue if 
permission is 
revoked. 



Proviso. expiration : 'provided, however; that no permit shall be 

issued to a person sentenced for an ofifence against person 
or property without the consent of the court which im- 
posed the sentence, or in case the sentence was imposed 
by the superior court the consent of the district attorney 
of the county or district where said person was convicted. 
Section 2. Any court or trial justice liaving jurisdic- 
tion of criminal offences, when notified by the said com- 
missioners that a permit has been revoked, shall issue a 
warrant for the arrest of the person holding said permit, 
and shall remand her to the prison from which she was 
released, where she shall be detained according to the 
terms of her original sentence ; and in computing the 
period of her confinement, the time between her release 
upon said permit and her return to the prison shall not be 
taken to be any part of the term of the sentence : pro- 

Troviso. vided, hozvever, 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 her release from said 
prison. 

Repeal. SECTION 3. So much of scctiou twenty-five of chapter 

two hundred and ninety-four of the acts of the year eigh- 
teen hundred and seventy-nine as authorizes the commis- 
sioners of prisons to discharge persons confined in the re- 
formatory prison for women is hereby repealed. 

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

Apjjroved March 16, 1881. 



Chap. 91 



Amendment to 
1874, 372, § 5. 



Method of pro- 
'cedure and 
rights of parties. 



An Act amending the law relating to applications for 

A JURY in the city OF BOSTON, UNDER THE GENERAL RAIL- 
ROAD ACT OF THE YEAR EIGHTEEN HUNDRED AND SEVENTY- 
FOUR. 

Be it enacted, etc., as follows: 

Section 1. Section five of chapter three hundred and 
seventy-two of the acts of the year eighteen hundred and 
seventy-four is amended by striking out the words "twenty- 
nine," and inserting in place thereof the words " seventy- 
nine." 

Section 2. In proceedings under said section five 
pending at the time of the passage of this act, and which 
have not then resulted in a trial by jury, the method of 
procedure and the rights of the parties shall be the same 
as if the words "seventy-nine," had been originally used 
instead of the Avords " twenty-nine," except that this pro- 
vision shall not affect those eases in which the defendant 
before trial by jury files in the court a claim to have the 



1881. — Chapter 92. 



417 



Sea-wall raay be 
built in Ciiarles 
Kiver between 
Craigie's bridge 
and West Bos- 
ton bridge, and 
groniuls en- 
closed may be 
tilled lip for a 
park. 



method of procedure and the rights of the parties deter- 
mined nnder said section five as originally enacted. 

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

Approved March 16, 1881. 

An Act in addition to an act for the laying out of pub- Chan. 92 

Lie PARKS IN OR NEAR THE CITY OF BOSTON. 

Be it enacted^ etc., as foUotus : 

Section 1. The board of park commissioners of the 
city of Boston is hereby authorized and empowered to 
build a sea-wall on the Boston side of the lower basin of 
the Charles River, between Craigie's bridge and West Bos- 
ton bridge, and to fill up the grounds enclosed by said wall 
for the purposes of a public park in accordance with the 
provisions of chapter one hundred and eighty-five of the acts 
of the year eighteen hundred and seventy-five. The said 
sea-wall shall be on or within the following lines : — Begin- 
ning at a point on the southerly side of Craigie's bridge 
distant two hundred feet perpendicular from the westerly 
line of Charles Street, and running southerly by a line 
parallel to said Charles Street to a point opposite the first 
angle in said street ; thence turning a similar angle and 
running southerly by a line parallel to and two hundred 
feet perpendicular again from said Charles Street to a 
point opposite another angle in said street, near Fruit 
Street ; thence turning a similar angle and running south- 
erly by a straight line two hundred feet perpendicular 
from and parallel to the next adjoining portion of said 
Charles Street to West Boston bridge. The lines of the 
sea-wall aforesaid shall constitute the harbor lines beyond 
which no wharf, pier or other structure, and no filling in 
shall be extended into or over the tide water of the said 
basin, excepting such landing places as the said park com- 
missioners shall build with the approval of the board of 
harbor and land commissioners ; and if the construction 
of said sea-wall and the filling in of the grounds thereby 
enclosed shall, in the opinion of said harbor and land com- 
missioners, cause a projection injurious to the flow of the 
current and the protection of the harbor, then the said 
park commissioners or the city of Boston shall make suit- 
able remedy or provision for the same by connecting the 
line of the said sea-wall with the present sea-wall in such 
manner as the said board of harbor and land commissioners 
shall approve, and may occupy and use any spaces thereby 
enclosed for the same purposes for which said sea-wall and 
filling in is authorized. 



Lines of sea- 
wall to consti- 
tute the harbor 
lines. 



If Injurious to 
flow of current, 
remedy to be 
provided. 



418 



1881. — Chapters 93, 94. 



Land to betaken 
by the city of 
Boston and to 
be used solely 
for a public 
park. 



Extensions from 
water line of 
park not to be 
permitted. 



Proviso. 



Section 2. This act is made subject to the following 
conditions and restrictions, namely: — The city of Boston 
or the said board of park commissioners shall take, by pur- 
chase or otherwise, all the land, dock and wharf property, 
lyin<T westerly of said Charles Street between said bridges, 
under the provisions of said chapter one hundred and 
eighty-five of the acts of the year eighteen hundred and 
seventy-five, which, together with the grounds above au- 
thorized to be enclosed and filled up, shall be used solely 
for the purposes of a public park, facing and abutting 
upon the said Charles River basin. And when the city of 
Boston or the said park commissioners shall have taken 
the said land and wharf property, and built the said sea- 
wall, and fitted up the said grounds as a park as aforesaid, 
and so long as the same shall be used solely as said park, 
the Commonwealth will not authorize or permit any per- 
son or corporation to construct any extensions or erections 
from or contiguous to the water line of said park, except 
with the consent of said park commissioners or said city 
of Boston : provided, also, that the city of Boston or said 
park commissioners shall build the said sea-wall, and fill 
and fit up the said grounds, during the five years from and 
after the passage "of this act. 

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

Approved 3Iarch 16, 1881. 



Chap. 93 -A.N Act to change the name of the clarendon uills evan- 
gelical SOCIETY. 

Be it enacted, etc., as follows: 
Name changed. SECTION 1. The uamc of thc " Clareudou Hills Evan- 
gelical Society," is changed to the Clarendon Hills Con- 
gregational Society of Hyde Park. 

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

Approved JIarch 16, 1881. 



Chap. 94 



Location and 

construction of 

road. 

1880, 169, •§ 2. 



An Act relative to the location op the road of the Massa- 
chusetts central railroad company. 

Be it enacted, etc., as follows : 

Section two of chapter one hundred and sixty-nine of 
the acts of the year eighteen hundred and eighty is 
hereby amended by striking out all after the words ''pro- 
vided, liowever," as far as the words "that before," so 
that thc section shall read: — The Massat-husctts Central 
Railroad Company is hereby authorized to h)cate and con- 
struct its railroad over and upon sucli portit)n of the loca- 



1881. — Chapter 95. 



419 



tion 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, however, 
that before any change is made in its location under this 
act the said Massachusetts Central Railroad Company 
shall give a bond, with sufficient sureties, to the parties in Bond to be 
interest, to pay all damages already caused by the acts of mento^f dfrn^ 
the railroad upon the portion of the location which may fj^gatjo^^f ® 
be discontinued under this act, the said bond to be ap- changed. 
proved by the county commissioners of the county where 
the land is situated ; or shall pay said damages within six 
months from the passage of this act. 

Approved March 16, 1881. 



An Act to amend the charter of the Massachusetts loan Chap. 95 

AND TRUST COMPANY. 



Be it enacted, etc., as follows : 

Section 1. The shares of the Massachusetts Loan and 
Trust Company shall be assignable and transferable ac- 
cording to such rules and regulations as the stockholders 
shall for that purpose ordain and establish. 

Section 2. The said corporation is authorized to act 
as trustee, or financial or other agent for any person, firm, 
corporation, association, municipality, government, state, 
or national authority, and in their behalf to negotiate 
loans, to sell, and negotiate the sale of securities and other 
property ; to issue, register and countersign certificates of 
stock, bonds and other evidences of indebtedness, and to 
receive and make payments on account of the same, and 
to receive money and invest the same. 

Section 3. The capital stock of the said corporation 
may be increased from time to time, until it amounts to 
one million of dollars ; and such increase shall be issued 
and paid for at such times and in such manner as the 
board of directors shall decide : provided, that no certifi- 
cates of shares shall be issued until the par value of such 
shares shall have been actually paid in, in cash. 

Section 4. Said corporation shall be entitled to pur- 
chase and hold for its own use, real estate not exceeding 
in value two hundred and fifty thousand dollars. 

Section 5. The returns of said corporation, required 
to be made to the commissioners of savings banks, shall be 
published in a newspaper of the city of Boston at the 



Transfer of 
shares. 



May act as true 
tee, negotiate 
loans, etc. 



Increase of 
capital stock. 



Certificates of 
shares not to be 
issued, until par 
value has been 
paid in. 
Real estate not 
to exceed 
$250,000. 



Returns to be 
published. 



420 



1881. — Chapters 96, 97, 98. 



Repeal of 18V0, 
323, §§ 6, 8. 



Chap. 96 



Three directors 
may be elected 
by the town of 
Hinsdale. 
1866, 22, § 3. 



Town may ap- 
propriate money 
in aid of associa- 
tion. 



expense of said corporation, and in the annual report of 
said commissioners. 

Section 6. Sections six and eight of chapter three 
hundred and twenty-three of the acts of the year eigliteen 
hundred and seventy are hereb}'' repealed. 

Section 7. This act shall take effect upon its passage. 

Approved March 16, 1881. 

An Act to amend an act to incorporate the public library 

association of hinsdale. 
Be it enacted, etc., asfoUoivs: 

Section 1. Chapter twenty-two of the acts of the year 
eighteen hundred and sixty-six is herel)y amended so that 
in addition to the five directors elected under section 
three of said act, three directors may be elected by the 
town of Hinsdale, as follows: — At the first annual meet- 
ing of said town hereafter held, one director shall be elect- 
ed for one year, one for two years and one for three years, 
and at annual meetings thereafter one shall be elected for 
three years, and whenever a vacancy occurs in the number 
elected by said town it shall be filled for the unexpired term 
at thefiist annual meeting thereafter ; and that said town, 
as long as said association maintains a public library for the 
inhabitants thereof, may appropriate and pay money to 
aid in supporting such association the same as may be done 
by law for the support of public libraries. 

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

Approved March 16, 1881. 



Chap. 97 -A.N Act to amend " an act to authorize the city of haver- 
hill TO establish a hospital." 

Be it enacted, etc., as follows : 

Section 1. Section two of chapter seventy-seven of 
the acts of the year one thousand eight hundred and 
eighty is hereby amended by striking out in the last two 
lines of said section the words " or appropriated by the 
city council of said city for the purposes of the hospital." 

Section 2. This act shall take effect upon its accept- 
ance by the city council of said city of Haverhill. 

Apiproved March 16, 1881. 



No expenses to 
be incurred 
beyond sums 
donated there- 
for. 



Subject to ac- 
ceptance by city 
council. 



Chaj). 98 



May unite midiT 
the name of the 
Boston, Lowell 



An Act to authorize the union of the boston and low- 
ell, AND NASHUA AND LOWELL RAILROAD CORPOR.ATIONS. 

Be it enacted, etc., as follows: 

Section 1. The Boston and Lowell Railroad Corpora- 
tion is authorized to unite with the Nashua and Lowell 



1881. — Chapter 99. 



421 



Railroad Corporation on such terms and conditions and 
with such guarantees as may be mutually agreed upon by 
said corporations at meetings of the stockholders thereof 
duly called for that purpose, and with this view the former 
corporation is further authorized to purchase and hold the 
stock of the latter corporation. The name of the united 
corporation thus authorized shall be the Boston, Lowell 
and Nashua Railroad Company, and said corporation shall 
have and enjoy all the franchises, powers, privileges, prop- 
erty and rights of every kind belonging to said Boston 
and Lowell Railroad Corporation and to said Nashua and 
Lowell Railroad Corporation, or either of them, and shall 
assume all the duties, debts and liabilities of said corpora- 
tions, but shall be subject to all general laws now or here 
after ])assed relating to railroad corporations, and to the 
provisions of section forty-one of chapter sixty-eight of the 
General Statutes. 

Section 2. Whenever said corporations shall vote to 
unite as aforesaid, copies of the votes of the stockholders 
forming such union, certified by their respective clerks, 
shall be filed in the office of the secretary of the Common- 
wealth and also with the board of railroad commissioners. 

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

Approved March 16, 1881. 



and Nashua 
Kaili'oad Com- 
pany. 



Votes of union 
to be filed in 
secretary's office 
and with rail- 
road commis- 



men to consist 
of nine mem- 
bers. 



An Act to increase the number op the board of alder- Chap. 99 

MEN OP the city OF LOWELL. 

Be it enacted, etc. , as folloivs : 

Section 1. The board of aldermen of the city of Low- Board of aider- 
ell shall consist of nine members ; and at any time after 
the acceptance of this act in the manner hereinafter pro- 
vided the board of aldermen of said city may issue a war- 
rant, as in case of vacancies occurring in said board, for 
the election of one additional member of said board to 
serve until the expiration of the present municipal year ; 
and at the next annual election for municipal officers, and 
annualh^ thereafter, there shall be chosen nine members of 
said board. 

Section 2. This act shall take effect if accepted with- 
in sixty days from its passage by a vote of two-thirds of 
the members of each branch of the city council. 

Approved March 16, 1881. 



Subject to ac- 
ceptance within 
sixty days. 



422 



1881. — Chapters 100, 101, 102, 103. 



Approval of 
bonds for dis- 
solving .ittacli 
ments. 



Chap. 100 An Act authorizing any justice of any court, or commis- 
sioner OF insolvency to approve bonds to dissolve at- 
tachments. 
Be it enacted, etc., as follows: 

Any justice of a court of record, or district, municipal 
or police court, or commissioner of insolvency, may ap- 
prove bonds to dissolve attachments made within his juris- 
diction, and shall have the same power and authority, shall 
perform the same duties and shall be subject to the same 
regulations in reference to said bonds as is now prescribed 
by statute for masters in chancery. 

Approved March 17, 1S81. 

Chap. 101 An Act concerning records op town proprietaries, and 

indexes in registries of deeds. 
Be it enacted, etc., as follows : 
Commissioners Sectiou two of chapter one hundred and sixty-one of 
to see'timt'^pTo'^^ the acts of the year one thousand eight hundred and 
eighty is hereby amended by inserting in the twelfth line 
after the words " the various items of receipts and expendi- 
tures," as follows : " and shall examine and ascertain if 
section one hundred and three of chapter seventeen of the 
(xeneral Statutes, and chapter one hundred and sixty-two 
of the acts of the year one thousand eight hundred and 
seventy-four are complied with by the county commis- 
sioners, and in the event of any neglect or avoidance of 
the provisions of said section or chapter by said county 
commissioners, shall forthwith report the same to the 
attorney-general." Approved March 17, 1881. 



visions of G. 8. 
17, § 103, and 
1874, 162, are 
complied with 
by county com- 
missioners. 



Chap. 102 An Act concerning the right of the commonwealth to 

VOTE ON ITS STOCK IN RAILROAD CORPOR.VTIONS. 

Be it enacted, etc., as folloios : 

Section forty-one of chapter three hundred and seventy- 
two of the acts of the year one thousand eight hundred 
and seventy-four is hereby amended by adding to said sec- 
tion the following words : " This section shall not be con- 
strued to prevent the Commonwealth of Massachusetts 
from voting upon each share of its stock in any railroad 
corporation." Approved March 17, 1881. 

An Act relative to the taking of fish from the Merri- 
mack AND CONNECTICUT RIVERS AND THEIR TRIBUTARIES. 

Be it enacted, etc., asfoUoivs: 

Section 1. Nothing in the provisions of chapter two 
hundred of the acts of the year eighteen hundred and 



Commonwealth 
may vote upon 
each share of its 
stock in a rail- 
road corpora- 
tion. 



Chap. 103 



Fisheries regu- 
lated. 



1881. — Chapters 104, 105, 106. 



423 



eighty shall be construed as giving authority to take or 
catch fish of any kind within four hundred yards of any 
fishway on the Merrimack River or its tributaries, or with- 
in two hundred yards of any fishway on the Connecticut 
River or its tributaries, lying within this Commonwealth. 
Section 2. This act shall take effect upon its passage. 

Approved March 17 ^ 1881. 

An Act to regulate fishing in the merrimack river. 
Be it enacted, etc., as follows: 

SECTioisr 1. Whoever takes or catches any shad or ale- 
wives in any part of the Merrimack River, or its tribu- 
taries, lying within this Commonwealth, except between 
sunrise on Monday morning and sunrise on Friday morn- 
ing, of each week, from the first day of March to the last 
day of May, inclusive, in each year, shall forfeit for each 
ale wife so taken a sum not less than one dollar nor more 
than five dollars, and for each shad so taken a sum not less 
than five nor more than twenty dollars. 

Section 2. Whoever uses a net of any kind or descrip- 
tion in the waters of the Merrimack River, or its tribu- 
taries, lying within this Commonwealth, from the first day 
of June in each 3'ear to the last day of February in the 
year next succeeding, inclusive, shall forfeit for each of- 
fence the sum of twenty-five dollars. 

Section 3. Section one of chapter one hundred and 
forty-four of the acts of the year eighteen hundred and 
seventy -four is hereby repealed. 

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

Approved March 17, 1881^ 



Chop. 104 



Shad and ale- 
wit'e fisheries 
regulated. 



Net not to be 
used from first 
day of June to 
last day of 
February. 



Repeal of 1874, 
144, § 1. 



An Act to include the town of Washington within Chap. 105 

THE JURISDICTION OF THE DISTRICT COURT OF CENTRAL BERK- 
SHIRE. 

Be it enacted, etc., as follows: 

The town of Washington in the county of Berkshire Jurisdiction. 
shall hereafter belong to and constitute a part of the judi- 
cial district under the jurisdiction of the district court of 
Central Berkshire. Approved March 17, 1881. 

An Act to authorize the proprietors of brandt island to Chap. 106 

MAINTAIN A BRIDGE FROM THE ISLAND TO THE MAIN-LAND. 

Be it enacted, etc., as follows: 

Section 1. The proprietors of Brandt Island in the Bridge across 
town of Mattapoisett, county of Plymouth, are hereby ^^^"^t inland 
authorized to construct and maintain a bridge, without a 



424 



1881. — Chapter 107. 



Time for erec- 
tion of buildings, 
extended. 



draw, connecting their lands and crossing Brandt Island 
Proviso. Cove : provided, the license of the board of harbor and 

land commissioners is first obtained, as provided by law in 
cases above the line of some existing bridge or other 
structure authorized by law in which there is in fact no 
draw, and in which the law does not require that a draw 
be constructed or maintained. 

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

Approved March 18, 1881. 

Chop, 107 An Act to extend the time within which the Massachu- 
setts INSTITUTE OF TECHNOLOGY MAY ERECT BUILDINGS ON 
CERTAIN LAND IN THE CITY OF BOSTON. 

Be it enacted, etc., asfoUoios: 

Section 1. Chapter one hundred and thirty-one of the 
acts of the year eigliteen hundred and seventy-seven is 
hereby so amended that the time within which the Massa- 
chusetts Institute of Technology may erect a suitable 
building for the permanent use of said institute, upon the 
land described in chapter one hundred and seventy-four 
of the acts of the year eighteen hundred and seventy- 
three, shall be extended for the term of five years from 
the eleventh day of April in the year eighteen hundred 
and eighty-one. 

Section 2. The Massachusetts Institute of Technol- 
ogy is hereby authorized at any time within said term of 
five years to exchange said parcel of land with the city of 
Boston for other land, or for adequate consideration to 
release its interest in said parcel to said city, and on said 
exchange or release said city of Boston may hold, occupy 
and control said parcel of land forever free from rent or 
charge by the Commonwealth, upon condition that it shall 
forever be kept open as a public park by said city; said 
lotto be subject to the limitations and stipulations relative 
to lands of the Commonwealth on the south side of Boyls- 
ton Street, and to be reserved from sale forever ; and upon 
the further condition that the city of Boston shall acquire, 
by purchase or otherwise, the remainder of the trapezoid 
of land of which said parcel is a part, lying westerly 
thereof and between said parcel and Dartmouth Street, 
and shall appropriate it to the same purpose. 

Section 8. In case said city shall appropriate said par- 
cel of land, hereby granted, to any purpose foreign to that 
for which it is granted, then the Commonwealth after due 
notice given may enter upon said parcel and take posses- 
sion thereof, and the riglit of the city of Boston to the 



May exchange 
land with the 
city of Boston 
for other land, 
etc. 



Commonwealth 
to take land, if 
appropriated by 
city to any other 
line. 



1881. — Chapters 108, 109. 



425 



use, occupation and control of said lot shall thereupon 
cease. Approved March 18, 1881. 

An Act to authorize the newton and watertown gas Chap. 108 

LIGHT company TO LAY PIPES IN WESTON AND NEEDHAM, AND 
TO INCREASE ITS CAPITAL STOCK. 

Be it enacted, etc., as follows: 

Sectiok 1. The Newton and Watertown Gas Light May lay pipes 
Company is hereby authorized to lay and maintain pipes, Needham?^" 
for the purpose of supplying gas, within the towns of 
Weston and Needham, or either of them, subject to the 
provisions of the general laws relating to gas light cor- 
porations. 

Section 2. The said corporation is hereby authorized capital stock 

.. ., -jij^ij. j.i T and real estate. 

to increase its capital stock to an amount not exceeding 
five hundred thousand dollars, and may hold real estate 
not exceeding in value two hundred thousand dollars. 
Section 3. This act shall take effect upon its passage. 

Ajjproved March 18, 1881. 

An Act to incorporate the trustees of the swain free Chap. 109 

SCHOOL. 

Be it enacted, etc., as follows : 

Section 1. Lincoln F. Brighara of Salem, William W. corporators. 
Crapo, Edward D. Mandell, Andrew G. Peirce, George H. 
Dumbar, Charles W. Clifford, William J. Potter, Charles 
H. Pierce and Edmund Grinnell, all of New Bedford, and 
their associates who may be elected under the provisions 
of the will of William W. Swain late of said New Bed- 
ford to fill existing vacancies in the board of trustees 
named in said will, and their successors, are hereby incor- 
porated by the name of the Trustees of the Swain Free Name. 
School, with all the powers and privileges requisite for 
carrying into full effect the provisions of said will, and 
with all the powers, rights and privileges, and subject to Powers and 
all the duties, restrictions and liabilities set forth in all 
general laws which now are or hereafter may be in force 
and applicable to such corporations. 

Section 2. Said corporation may take and hold all 
and singular the estate, real and personal, devised and be- 
queathed by the said William W. Swain by his said will 
and codicil to his trustees therein named for the purposes 
aforesaid, together with its accumulations heretofore made, 
and may take and hold any other and further estate, real 
and personal, which may be acquired by them by gift, 
devise, purchase or otherwise for the same purposes : pro- 

54 



duties. 



May take and 
hold estate 
bequeathed by 
William W. 
Swain. 



426 



1881. — Chapter 110. 



Not lo exceed 

$400,000. 



Executor and 
trustees may 
convey estate to 
corporation. 



Jurisdiction of 
the 8. J. C. in 
equity, not to 
oe impaired. 



vided, hotvever, that the actual value of the real and per- 
sonal estate by them so held and possessed shall not exceed 
tlie sum of four hundred thousand dollars, all of which 
estates shall be devoted and appropriated exclusively for 
the purposes of education in the manner set forth in said 
will and codicil. 

Section 3. After the organization of the corj)oration 
created by this act, the surviving executor of tlie said will 
of William W. Swain and the trustees now holding under 
the appointment of the probate court within and for the 
county of Bristol, and Charles W. Clifford his and their 
attorney, are hereby authorized to convey the estate, real 
and personal, now in their possession or standing in their 
names or in the name of the estate of William W. Swain 
or of the executors of the will or estate of William W. 
Swain or of Charles W. Clifford attorney for Lincoln F. 
Brigham, surviving executor of the will of William W. 
Swain, or liowever the same may be expressed, to said 
corporation, and upon the allowance in said probate court 
of the account of said trustees from the date of the allow- 
ance of the final account of said surviving executor to 
the date of said conveyance to said corporation, said trus- 
tees shall be discharged by said probate court. 

Section 4. Nothing in this act shall be construed to 
impair the jurisdiction of the supreme judicial court, sit- 
ting in equity, to grant to said corporation authority to 
sell and dispose of its real estate ; but said corporation 
shall, in the execution of the purposes for which it is cre- 
ated, be held to have the same powers, and be subject to 
the same limitations in respect thereof, which are applica- 
ble to the said trustees by the provisions of said will. 

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

Approved March 18, 1S81. 



Chap. 110 An Act relative to mortgaged lands taken for public 

USES UNDER AUTHORITY OF LAW. 



Rights of mort- 
gaKors and 
inortj;agec'8 
■when lands 
are talten for 
public uses. 



Be it enacted, etc., asfolloivs: 

Whenever mortgaged lands are taken for public uses 
under authority of law, both mortgagors and mortgagees, 
in addition to their rights under the mortgage, shall have 
the same powers, rights and privileges, and be subject 
to the same liabilities and duties, now provided by law in 
the case of mortgaged lands so taken by railroad corpora- 
tions. Approved March 18, 1881. 



1881. — Chapter 111. 



427 



An Act to prohibit the entry upon and taking of lands Chap. Ill 

FOR THE CONSTRUCTION OF ANY RAILROAD BEFORE THE COUN- 
TY commissioners HAVE DETERMINED THE QUESTION OF CROSS- 
INGS OF HIGHWAYS AND OTHER WAYS. 

Be it enacted, etc., asfoUoios: 



Section 1. No railroad corporation shall take by pur- 
chase or otherwise, or enter upon or use except for making 
surveys, any land or other property, in any county, for the 
construction of its road, or of any branch or extension 
thereof, until the county commissioners of the county 
wherein such land or other property is situated, have 
determined, after hearing the parties, the manner in which 
said roads shall cross the highways and other ways within 
such county, and until it has also obtained from the board 
of railroad commissioners the consent required by chapter 
seventy-three of the acts of the year eighteen hundred 
and seventy-six in all cases where the county commission- 
ers adjudge that public necessity requires the crossing at 
the same level ; and notice of such hearing before the 
county commissioners shall be given by publication in one 
or more newspapers published in such county, for three 
successive weeks, the last publication to be at least seven 
days prior to the hearing. 

Section 2. The board of railroad commissioners shall, 
before causing to be filed the certificate under section two 
of chapter two hundred and fifteen of the acts of the year 
eighteen hundred and seventy-eight, ascertain that the 
authority and consent required by section one of this act 
have been obtained. 

Section. 3. No railroad corporation shall be author- 
ized to enter upon or use any land or other property, 
except for making surveys, until it has duly filed with 
the commissioners of the county wherein the same is situ- 
ated, the location of its road therein. 

Section 4. The supreme judicial court shall have full 
equity jurisdiction in case of any violation of the provis- 
ions of this act. 

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

Approved March 18, 1881. 



Land not to be 
taken for con- 
struction of road 
until question 
of croseings of 
highways, etc., 
has been det( r- 
rained by couLty 
commissioners. 



Railroad com- 
missioners to 
see that pro- 
visions of sect. 
1 are complied 
with, before cer- 
tifyins; under 
1878, 215, § 2. 



Land not to be 
taken until 
location is filed. 



8. J. C. to have 
full equity 
jurisdiction. 



428 



1881. — Chapters 112, 113, 114. 



Chap. 112 An Act amending chapter two hundred and eleven of 

THE ACTS OF THE YEAR EIGHTEEN HUNDRED AND EIGHTY, RELA- 
TIVE TO THE DESCENT OF REAL ESTATE OF HUSBAND AND WIFE 
DYING INTESTATE AND WITHOUT ISSUE. 



Amendment t 
1880, 211, § 1. 



Partition of 
real estate. 
1880, 211, § 2. 



Be it enacted, etc. , as follows : 

Section 1. The first section of chapter two hundred 
and eleven of the acts of the year eighteen liundred and 
eighty is hereby amended by inserting after the word 
"deceased," the following words, "remaining after the 
payment of the debts of the deceased." 

Section 2. Section two of said chapter two hundred 
and eleven is hereby amended by inserting after the words 
'■'' provided., however,'" the words "that when the real estate 
of such deceased person is held in common and undivided, 
the court may, upon such petition, after notice as in case 
of other partitions, authorize the commissioners to make 
partition thereof or of so much as may be necessary to 
complete such assignment without other or further parti- 
tion of the common estate, and such assignment shall be 
binding and conclusive, as in cases of assignment of dower 
and." Approved March 18, 1881. 



Chap. 113 An Act relating to suits brought by or against execu- 
tors, ADMINISTRATORS, GUARDIANS, TRUSTEES, ASSIGNEES OR 

corporations. 
Be it enacted, etc., as follows: 

In all suits at law or in equity when it appears from the 
papers or pleadings that the plaintiff or defendant, as the 
case may be, sues or is sued as executor, administrator, 
guardian, trustee, assignee, or a corporation, such fact shall 
be taken as admitted, unless the party controverting the 
same shall file in court, within ten days from the time 
allowed for answer, a special demand for proof that the 
plaintiff or defendant is such executor, administrator, 
guardian, trustee, assignee, or corporation. 

Approved March 18, 1881. 



Suits brought 
by or against 
executors, trus- 
tees, etc., or 
corporations. 



Chap. 114 An Act to require copies of complaints or indictments to 

be sent with prisoners sentenced to the ST.A.TE PRISON OR 
TO THE REFORMATORY PRISON FOR WOMEN. 

Be it enacted, etc., as folloios : 

Section 1. Whenever any person is sentenced to the 
state prison, or to the reformatory prison for women, the 



Copy of indict- 
ment, etc., and 
names of wit- 



nesses to be sent court imposing the sentence shall transmit to the warden 
p'iison!"^' ° or superintendent, as the case may be, an attested copy of 



1881. — Chapters 115, 116. 



429 



the complaint or indictment under which such person was 
convicted, together with the names of the witnesses testi- 
fying for and against such person at his trial, and no fee 
shall be charged or allowed for making the copies required 
by this act. 

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

Approved March 18, 1881. 



No fees allowed 
for copies. 



An Act to amend "an act fixing the time and place of Chap. 115 

HOLDING PROBATE COURTS IN THE COUNTY OF SUFFOLK." 

Be it enacted, etc., as follows : 

Section 1. Section one of chapter one hundred and one session of 
twenty-seven of the acts of the year eighteen hundred and Aug^'on'the 
seventy-eight is hereby amended by inserting in the third twrd Monday. 
line, before the word "second," the word "first." 

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

Approved March IS, 1881. 



Hartford and 
Connecticut 
Valley Railroad 
Company may 
buikl road to 
connect with 
Connecticut 
River Railroad 
at Holyoke. 



An Act to authorize the hartford and Connecticut valley Chap. 116 

RAILROAD COMPANY TO BUILD A RAILROAD IN MASSACHUSETTS. 

Be it enacted, etc., as follows : 

Section 1. The Hartford and Connecticut Valley 
Railroad Company of Connecticut is authorized to build 
and operate a railroad, from a point in the dividing line be- 
tween Massachusetts and Connecticut, northerly and near 
the west bank of the Connecticut river, through the towns 
of Agawam and West Springfield and a part of the town 
of Holyoke, so as to connect and intersect with the Con- 
necticut River Railroad, at said Holyoke : provided, that 
the railroad hereby authorized shall be located and con- 
structed in conformity with and sul)ject to the provis- 
ions of law now or hereafter in force relating to railroad 
corporations. 

Section 2. One or more directors of said railroad com- 
pany shall reside in this state ; and all process against said 
corporation may be legally served by copy given any such 
director in hand or left at his residence ; and, as to its rail- 
road and property in this state and the use and manage- 
ment thereof, said corporation shall be subject to the 
general laws which are now or hereafter may be in force 
in relation to railroad corporations. 

Section 3. No stock in addition to the eight hundred 
thousand dollars now paid in and no bonds shall be issued 
except in conformity with the general railroad laws of 
Massachusetts. 



One or more 
directors to 
reside in this 
state, on whorei 
process may be 
served. 



Stock and 
bonds. 



430 



1881. — Chapter 117, 



Subject to 
acceptance. 



To be located 
within two 
years and built 
within four 
years. 



Section 4. This act shall not take eflFect until it has 
been accepted at a legal meeting of said company called 
for that purpose, and an attested copy of the vote of 
acceptance has been filed in the office of the secretary of 
this Commonwealth. 

Section 5. This act may be amended or repealed at 
the pleasure of the legislature, and shall be void unless 
the road is located within two years, and built within four 
years, after its passage. Approved March 22, 1881. 

[Accepted April 23, 1881.] 



Windows, etc., 
not to be built 
into or over 
etruets, etc. 



May be built, 
witli permission 
of inspector of 
buildings. 



Proviso. 



Chap. 117 An Act for the regulation and inspection of buildings in 

THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. No person shall hereafter erect, place, con- 
struct, or cause to be erected, placed or constructed, or 
shall commence to erect, place or construct, any window 
or other projection into or over any public highway, street, 
causeway, bridge or squaie within the city of Boston, ex- 
cept as hereinafter provided. 

Section 2. The inspector of buildings of the city of 
Boston may pei'mit the building of windows or other pro- 
jections over any public highway, street, causeway, bridge 
or square, of the width of forty feet or more within said 
city : provided, said window or projection shall he built of 
brick, stone, iron or other fire proof material firmly secured 
to the building with no part of it less than ten feet above 
the highest point of the sidewalk immediately beneath, 
and shall not in any case project more than three feet from 
the line of the building, nor extend beyond a line drawn 
horizontally from the nearest corner of the adjacent lot at 
an angle of thirty degrees with the street line ; and pro- 
vided, also, that such window or piojection shall not in- 
fringe upon any vested rights of any parties affected 
thereby. 

Section 3. If any person shall violate the ]n'ovisions 
of the foregoing sections he shall, uj)on the application of 
the iiispector of buiklings of the city of Boston, be liable 
to the processes of law and equity set forth in the twenty- 
third section of chapter three hundred and seventy-one of 
the acts of the year eighteen hundred and seventy-two. 

Sec rioN 4. Chapter eighty-four of the acts of the year 
eighteen hundred and seventy-seven is hereby repealed. 

Approved March 22, 1881. 



Penalty for 
violation. 



Repeal. 



1881. — Chapters 118, 119, 120. 



431 



An Act in relation to the appointment of a probation Chan. 118 

OFFICER in the CITY OF BOSTON. 

Be it enacted, etc., asfolloivs: 

The appointment of a probation officer under the pro- Probation 
visions of chapter one hundred and ninety-eight of the "o mak'" npons 
acts of tlie year eighteen hundred and seventy-eight, shall ers'^o^p^isoiTs'!' 
in all cases be subject to the confirmation of the board of 
aldermen of the city of Boston, and said officer shall hold 
his office until removed by the maj'or and aldermen of 
said city ; and he shall make to the commissioners of 
prisons the reports required of probation officers under the 
provisions of chapter one hundred and twenty-nine of the 
acts of the year eighteen hundred and eighty. 

Approved March 22, 1881. 

An Act concerning the running of railroad trains on the Chap. 119 

lord's day. 

Be it enacted, etc., as follows: 

Section 1. The board of railroad commissioners may Rimningofcer- 
anthorize the running upon any railroad, on the Lord's th "Lmd's *Day. 
Day, of such through trains as in the opinion of the board 
the public necessity and convenience may require, having 
regard to the due observance of the day. 

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

Approved March 22, 1881. 



An Act to authorize railroad companies to discontinue Chap. 120 
grade crossings. 

Be it enacted, etc., as follows: 

Section 1. Whenever two or more railroad corpora- May discontinue 
tioiis whose tracks cross each other at grade agree to sepa- gladt'.'Tit'h ap. 
rate the grades, they may make application to the board provai of raii- 

,. ., S . . "^ , 1 11 1 1 • road commis- 

ot railroad commissioners who shall thereupon determine sioners. 
wlien, in what manner and by which corporation, said 
work and each portion thereof shall be done, and shall 
also apportion among the said corporations all charges and 
expenses occasioned by making such alterations and all 
future charges for keeping in repair the necessary struc- 
tures connected therewith ; and the supreme judicial court 
shall have jurisdiction in equity to compel compliance with 
all orders, decrees and judgments of said board in the 
premises. 

Section 2. For the purposes aforesaid the said corpo- Maymaife 
rations under the direction of said board are empowered gradffetc! 
to make all necessary changes in the grade, location and 



432 



1881. — Chapters 121, 122. 



Liability for 
damages. 



construction of said railroads, and so far as may be neces- 
sary to take additional land therefor, and to raise, lower 
or otherwise change any and all highways and town ways. 

Section 3. In the exercise of the powers granted by 
this act, said railroad companies and any person who shall 
sustain any damages thereby, shall have all the rights, 
privileges and remedies, and be subject to all the duties, 
liabilities and restrictions provided by the general laws of 
the Commonwealth in the case of land taken by railroad 
companies. 

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

Approved March 22, 1881. 



Repair of roads 
and bridges by 
street railway 
corporations. 



Chap. 121 An Act to amend chapter three hundred and eighty-one of 

THE ACTS OF THE YEAR EIGHTEEN HUNDRED AND SEVENTY-ONE 
CONCERNING STREET RAILWAY CORPORATIONS. 

Be it enacted, etc., as follows: 

Section 1. Section twenty-one of chapter three hun- 
dred and eighty-one of the acts of the year one thousand 
eight hundred and seventy-one is hereby amended by in- 
serting therein, after the word " repair, ' in the second line 
thereof, the words " the paving, upper planking or other 
surface material of," so that said section as amended shall 
read as follows: — Every corporation, its lessees or assigns, 
shall keep in repair the paving, upper planking or other 
surface material of such portions of any paved streets, 
roads and bridges as are occupied by its tracks ; and when 
such tracks occupy streets or roads that are not paved it 
shall, in addition to the portion occupied by its tracks, 
keep in repair eighteen inches on each side thereof to the 
satisfaction of the superintendent of streets, the street 
commissioner or the surveyors of highways, and shall be 
liable for any loss or injury that any person may sustain 
by reason of any carelessness, neglect or misconduct of its 
agents and servants in the construction, management and 
use of its tracks. 

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

Approved March 22, 1881. 



Chap. 122 



Costs in trials in 
superior court. 
1873, 261. 



An Act in relation to costs in trials had in the superior 
court instead of before sheriffs* juries. 

Be it enacted, etc., as follows : 

In all cases where an award has been made and either 
party makes application for a jury to the superior court 
under the provisions of chapter two hundred and sixty- 



1881. — Chapters 123, 124, 125. 



433 



Vessel not to be 
attached on 
mesne process, 
unless declara- 
tion is inserted 
in writ, etc. 



one of the acts of the year eighteen hundred and seventy- 
three, if upon trial damages are increased beyond the 
award, the party in whose favor the award was made shall 
recover his costs; otherwise he shall pay costs; and costs 
shall be taxed as in civil cases. 

Approved March 22, 1881. 

An Act to authorize the attachment by the trustee process Chap. 123 

OF FUNDS, CREDITS AND DIVIDENDS IN THE HANDS OF RECEIV- 
ERS. 

Be it enacted, etc., as follows: 

Funds, credits or dividends due from or in the hands of Funds in hands 

. ,11 , r, J -C of receivers 

receivers appointed by any court may, alter an order oi may be attached 
distribution thereof, be attached by the trustee process. prole"^.''^ 

Approved March 22, 1881. 

An Act relative to attachments in suits against the own- Chap. 124 

ERS, OFFICERS OR SEAMEN OF SHIPS OR VESSELS. 

Be it enacted, etc., as follows: 

No ship or vessel shall be attached on mesne process in 
any common law action unless a declaration is inserted in 
the writ before the service thereof, nor unless the plaintiff 
or some person in his behalf makes affidavit and proves to 
the satisfaction of some justice of a court of record, police, 
district or municipal court, judge of a probate court, mas- 
ter in chancery, commissioner of insolvency, and, except 
in the county of Suffolk, trial justice, or any justice of the 
peace, that he has a good cause of action and reasonable 
expectation of recovering a sum amounting, exclusive of 
all costs, to at least one-third the damages demanded in 
such writ; and such affidavit and the certificate of the 
magistrate that he is satisfied the same is true shall be an- 
nexed to the writ. Approved March 22, 1881. 

An Act providing for reading matter in jails and houses of Chap. 125 

CORRECTION. 

Be it enacted, etc., as follows: - 

Section 1. The keeper of any jail, or the master of Reading matter 
any house of correction, may expend annually, for books jails^and^houses 
and papers for the use of prisoners in his custody, a sum "^ correction. 
not exceeding one hundred dollars. The sum so expended 
by any keeper or master shall be allowed and paid to him 
by the treasurer of the county in which said jail or house 
of correction is located. 

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

Approved March 22, 1881. 

55 



434 



1881. — Chapters 126, 127. 



Chap. 126 



Aid for prison- 
ers dUchargcd 
from jails and 
houses of cor- 
rection. 



Expense to be 
paid by the 
county. 



An Act to provide for aiding prisoners discharged from 
jails and houses of correction. 

Be it enacted^ etc., as foUoivs : 

Sectiox 1. The keeper of any jail or the master of 
any house of correction, with the approval of the county 
commissioners, may expend in aiding any prisoner dis- 
charged from his custody, such sum, not exceeding ten 
dollars in any case, as in his opinion will assist said pris- 
oner in his endeavors to reform. The money so expended 
may in the discretion of said keeper or master, be paid to 
said prisoner, or to such person, to be expended in behalf 
of said prisoner, as said keeper or master may select, or for 
furnishing said prisoner with board, clothing, transporta- 
tion or tools. The amount so expended by any keeper or 
master under the provisions of this section shall be allowed 
and paid to him by the treasurer of the county in which 
said jail or house of correction is located. 

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

Approved March 22, 1881. 



Chap. 127 



Summons to 
issue instead of 
a warrant. 



Summons to fix 
day and hour 
foi trial. 



Fee for service. 



Defendant fail- 
ing to appear to 
be considered 
in contempt of 
court. 



An -Act to provide for the issue of summonses instead of 
warrants for arrest for certain minor offences. 

Be it enacted, etc., as follows: 

Section 1. Upon a complaint for any criminal offence 
of a class within the jurisdiction of trial justices a sum- 
mons shall issue instead of a warrant for arrest, if in the 
judgment of the court or magistrate receiving the com- 
plaint there is no reason to suspect that the accused will 
evade. 

Section 2. The summons shall fix a day and hour of 
appearance for trial, and shall be served by an officer em- 
powered to serve criminal process, by giving to the accused 
in hand or leaving at his last and usual place of abode an 
attested copy, not less than twenty-four hours before the 
return hour. The fee for service shall be the same which 
the officer would receive for the service of a subpoena in 
the same case ; and for attendance before the court or 
magistrate an officer shall be allowed a fee such as may be 
taxed for attendance and keeping prisoner in case of an 
arrest. 

Section 3. If a defendant so summoned fails to ap- 
pear and abide the orders of the court or magistrate with- 
out a reasonable excuse, such failure shall be considered 
a contempt of court and may be punished by a fine not 
exceeding twenty dollars. A warrant may issue at any 



1881. — Chapter 128. 



435 



time after the issue of such summons, if occasion arises, 
whether the summons has been served or not. 

Section 4. If a defendant so summoned duly appears May be ordered 
he may be ordered to recognize for further appearance, fur'thtTr^ppeir-'^ 
but he shall not be required to give surety upon his recog- *'^*^®- 
nizance at any stage of the prosecution without a special 
order. 

Section 5. This act shall require no change in the No change in 

i« n 1 • , , form of com- 

lorm 01 complaints or warrants. plaints, etc. 

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

Approved March 23, 1881. 



An Act to establish the second district court of eastern Chap. 128 

MIDDLESEX. 



Be it enacted, etc., as follows: 

Section 1. The towns of Watertown, Weston and 
Waltham shall constitute a judicial district, under the 
jurisdiction of the court hereby established under the name 
of the Second District Court of Eastern Middlesex. Said 
court shall, except as is hereinafter provided, have the 
same jurisdiction, power and authority, and shall perform 
the same duties and be subject to the same regulations, as 
are provided with respect to existing police or district 
courts, except the municipal courts of Boston and Worces- 
ter, by chapter one hundred and sixteen of the General 
Statutes, and by all general laws passed in amendment 
thereof applicable to the several police or district courts 
of the Commonwealth ; and all provisions of law relating 
to criminal and civil proceedings, the taxation of costs, 
the payment of fines, the expenses of court, the account- 
ing and settling with county and town for money paid into 
court as forfeitures or otherwise, and all the other returns 
and requirements of law applicable to the several police 
or district courts of the Commonwealth, except those be- 
fore mentioned, shall apply to the Second District Court 
of Eastern Middlesex hereby established. 

Section 2. Said district court shall consist of one 
standing justice and two special justices, to be appointed, 
commissioned and qualified pursuant to the constitution 
and laws. 

Section 3. Said court shall be held in Waltham, for 
criminal business daily, except on Sundays and legal holi- 
days, in some suitable place to be furnished by the county 
of Middlesex ; and said court shall be held for civil busi- 
ness on one day at least of each week. 

Section 4. The standing justice of said court shall 



Second District 
Court of Eastern 
Middlesex 
establislied. 



Jurisdiction. 



To consist of 
one standing 
justice and two 
special justices. 



To be held in 
Walliiam. 



Salar3' of 
justice. 



436 



1881. — Chapter 129. 



receive a salary of one thousand two liundred dollars a 
year, and at the same rate for any part of a year. The 
Special justices. Compensation of the special justices shall be determined 
and paid in the manner now provided by law for the 
special justices of the police courts. 

Section 5. All proceedings duly commenced before 
any trial justice for said county within said district, or be- 
fore any police, district or municipal court, before this act 
takes full effect, shall be prosecuted and determined as if 
this act had not been passed. 

Section 6. This act shall take effect, so far as relates 
to appointing, commissioning and qualifying the justice 
and special justices of said court, on its passage ; and shall 
take full effect on the first day of June next. 

Approved March 24, 1881. 



Proceedings 
commenced, to 
be prosecuted, 
etc. 



To take full 
effect June 1, 
1881. 



Chap. 129 



Water supply 
for high service 
in Boston. 



May take and 
hold land, etc. 



May dig up 

streets. 



Subject to rea- 
sonable regula- 
tions made by 
Ni'wton and 
Brookline. 



An Act in addition to the acts for the purpose of sup- 
plying THE CITT of boston WITH PURE WATER. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of supplying water to its 
inhabitants, and especially for the purpose of increasing 
the supply of water which can be used for its high ser- 
vice, the city of Boston is hereby authorized by and through 
the agency of the Boston water board to construct and 
maintain new reservoirs, and connect the same b}^ aque- 
ducts and pipes with its present sources of water supply, 
and with its present reservoirs, aqueducts and pipes, and 
to construct and maintain new works and pumping stations 
in connection with said new reservoirs ; and for this pur- 
pose may take and hold by purchase or otherwise any 
lands or real estate necessary therefor, situate in the cities 
of Boston or Newton, or in the town of Brookline, and 
lay said aqueducts and pipes over or under any water- 
course or any streets, turnpike roads, railroads, highways 
or other ways, in such manner as not to unnecessarily ob- 
struct 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 with such care as not to render the 
roads, streets and ways unnecessarily unsafe or incon- 
venient to the public travel thereon. And said city of 
Boston in performing said work sliall not unnecessarily 
interfere with any existing sewers, water or gas pipes, and 
sliall be subject to such reasonable regulations as to time, 
place and manner of digging up any streets or ways of 



1881. — Chapter 129. 



437 



public travel for the purposes aforesaid, and the laying of 
said pipes, as shall be made by the city council of the city 
of Newton or the selectmen of the town of Brookline, 
within the limits of said city or town, for the protection 
of their rights of drainage and sewerage therein and the 
public rights of passage thereon. 

Section 2. 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 cit}^ of Newton 
and the town of Brookline against all damage which may 
be recovered against them respectively, and shall re-im- 
burse to them respectively all expenses which they shall 
incur by reason of any defect or want of repair in any 
stieet or way, caused by the construction of said aqueduct 
or the laying of said pipes, or by the maintaining or re- 
pairing the same : provided^ that the city of Boston shall 
have due and reasonable notice of all claims for such 
damages or injury, and opportunity to make a legal de- 
fence thereto. 

Section 3. The city of Boston shall be liable to pay 
all damages that shall be sustained by any persons in their 
property by the 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 pro- 
vided in sections six, seven and eight of chapter one hun- 
dred and sixty-seven of the acts of the year eighteen 
hundred and forty-six. 

Section 4. Upon requisition by the city council of 
the city of Newton, or the board of selectmen of the town 
of Brookline, prior to the laying of the said aqueduct and 
pipes through their respective limits, the city of Boston 
'shall insert a number of hydrants in said pipes at points 
not less than one thousand feet apart, to be used for extin- 
guishing fires, free of charge, and for no other purpose ; 
and said city or town shall pay to the city of Boston the 
expense of inserting and keeping in repair such hydrants 
as shall have been so inserted upon their requisitions afore- 
said within their respective limits. 

Section 6. This act shall take effect upon its accept- 
ance by the city council of the city of Boston. 

Approved March 24, 1881. 



Streets to be 
restored to good 
order and con- 
dition. 



Newton and 
Brookline to be 
inderauitted for 
damage. 



Boston to pay 
all land dam- 
age, etc. 



Hydrants to be 
inserted upon 
request of 
Newton or 
Brookline. 



Subject to ac- 
ceptance by city 
council of Bos- 
ton. 



438 



1881. — Chapters 130, 131, 132. 



Chap. 130 An Act to amend "an act to supply the town of natick 



WITH PURE WATER. 



Amendment to 
1873, 76, § 1. 



Be it enacted^ etc., as follows: 

Section 1. Section one of chapter seventy-six of the 
acts of the year eighteen hundred and seventy-three is 
hereby amended by inserting in the fifth hue of said sec- 
tion, after the word " domestic," and before the word 
"purposes," the words "and other." 

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

Approved March 24, 1881. 



City may erect a 
building on a 
public landing. 



Chap. 131 An Act to authorize the city of haverhii.l to occdpt a 

PORTION of a public LANDING IN SAID CITY. 

Be it enacted, etc. , as follows : 

Section 1. The city of Haverhill is hereby authorized 
to erect a building, for the purposes of its fire department, 
on the public landing on the bank of the Merrimack River 
upon the southerly side of Water Street, near the foot of 
Lindell Street in said city, and to use and occupy, for the 
purposes aforesaid, a portion of said landing not exceeding 
in dimensions thirty feet on said Water Street by twenty 
feet in depth. 

Section 2. Any owner of an interest in the land taken 
or used under this act may have his damages determined in 
the manner provided for assessing damages in the case of 
laying out highways. Approved March 24, 1881. 



Assessment of 



Re-establlsh- 
ment of school 
district system 
ratified. 



Chap. 132 An Act to make legal the action of the town of sandis- 

FIELD IN re-establishing THE SCHOOL DISTRICT SYSTEM. 

JBe it enacted, etc., as follows: 

Section 1. The action of the town of Sandisfield, 
taken at a meeting called and held in the year eighteen 
hundred and seventy for the purpose of re-establishing the" 
school distiict system in said town, is hereby confirmed, 
ratified and made valid, notwithstanding any errors, in- 
formalities or omissions whatever connected therewith, to 
all intents and purposes and to the same extent as if no 
such errors, informalities or omissions had occurred or 
existed. 

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

Approved March 24, 1881. 



1881. — Chapters 133, 134. 



439 



Organization 
made valid. 



Name changed 
to Yarmouth 
Camp-meeting 
Association. 



An Act to legalize the doings of the sandwich district Chap. 133 

CAMP-MEETING ASSOCIATION, AND TO CHANGE ITS NAME. 

Be it enacted, etc., as follows: 

Section 1. The organization of the Sandwich District 
Camp-meeting Association as a corporation, made at Yar- 
mouth on the twenty-second day of December in the year 
eighteen hundred and sixty-two, is hereby made valid to 
the same legal effect as if the articles of association thereof 
had been subscribed by Pardon T. Kenney, Thomas Mil- 
liard, Rufus Thatcher, William H. Richards, Richard M. 
Smith, Obed Nickerson and Thomas F. Atkins, the origi- 
nal associate members at the time of said organization, 
and as if the same had been duly recorded with such sig- 
natures at the office of the register of deeds for the county 
of Barnstable. 

Section 2. The name of said corporation is hereby 
changed to the Yarmouth Camp-meeting Association, and 
the same shall continue to be a corporation under the con- 
stitution and by-laws heretofore adopted by said Sandwich 
District Camp-meeting Association. The title of all lands 
heretofore conveyed to the Sandwich District Camp-meet- 
ing Association is hereby confirmed to the Yarmouth 
Camp-meeting Association. 

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

Approved March 24, 18S1. 

An Act to amend the charter of the Worcester safe Chap. 134 

DEPOSIT AND TRUST COMPANY. 

Be it enacted, etc., as follows : 

Section 1. The Worcester Safe Deposit and Trust 
Company may be appointed trustee under any will or in- 
strument creating a trust, for the care and management of 
property, under the same circumstances, in the same man- 
ner, and subject to the same control by the court having 
jurisdiction of the same, as in the case of a legally quali- 
fied person. The capital stock of said corporation, with 
the liabilities of the stockholders existing thereunder, 
shall be held as security for the faithful discharge of the 
duties undertaken by virtue of this act, and no surety shall 
be required upon the bonds filed by said corporation. In 
all proceedings in the probate court or elsewhere, connected 
with any authority exercised under this act, all accounts, 
returns and other papers may be signed and sworn to in 
behalf of the corporation, by any officer thereof duly 
authorized by it ; and the answers and examinations, under 
oath, of such officer, shall be received as the answers and 



May be ap. 
pointed trustee 
under any in- 
strument creat- 
ing a trust. 



Capital stocli, 
etc., to be se- 
curity for ftiith- 
ful discharge of 
duties. 



440 



1881. — Chapter 135. 



Proviso. 



TruBt property 
held, to be in- 
vested in general 
trust fund of 
company. 



Proviso. 



Proviso. 



Not to be 
mingled with 
investments of 
the capital 
stock. 



Returns to com- 
missioners of 
savings banks. 



Subject to 
acceptance. 



examinations of the corporation, and the court may order 
and compel any and all officers of said corporation to an- 
swer and attend said examinations in the same manner as 
if they were parties to the proceedings or inquiry instead 
of the corporation : provided^ however^ that said corporation 
shall not be required to receive or hold any property or 
moneys or to execute any trust contrary to its own desire. 

Section 2. In the management of money and prop- 
erty, held by it as trustee under the power conferred in 
the foregoing section, said corporation shall invest the 
same in the general trust fund of the company : provided^ 
that it shall be competent for the authority making the 
appointment to direct, upon conferring the same, whether 
such money and property shall be held separately or in- 
vested in the general trust fund of the company ; and pro- 
vided^ also, that said corporation shall always be bound to 
follow, and be entirely governed by, all directions con- 
tained in any will or instrument under which it may act. 

Section 3. No money, property or securities received 
or held by said company under the provisions of this act 
shall be mingled with the investments of the capital stock, 
or other moneys or property belonging to said corpora- 
tion, or be liable for the debts or obligations thereof. 

Section 4. The returns of said corporation required 
to be made to the commissioners of savings banks shall be 
in the form of a trial balance of its books, and shall specify 
the different kinds of its liabilities, and the different kinds 
of its assets, stating the amount of each kind, in accord- 
ance with a blank form to be furnished by said com- 
missioners. And these returns shall be published in a 
newspaper of the city of Worcester, at the expense of said 
corporation, and in the annual report of said commis- 
sioners. 

Section 5. This act shall take effect upon its accept- 
ance by said corporation, which acceptance, with the date 
thereof, shall within ten days thereafter be certified by the 
president of the corporation to the secretary of the Com- 
monwealth. Approved March 24, 18S1. 

[Accepted April 11. 1881.] 



Chap. 135 ^N Act to authorizk the taking of land belonging 

THE COMMONWEALTH FOR THE PURPOSE OF IMPROVING « 
MEK STREET IN THE CITY OF WORCESTER. 



TO 

SUM- 



Land of tlie 
Commonwealth 
in Worcester 



Be it enacted, etc., as follows: 

Section 1. Tlie county commissioners of the county 
of Worcester are hereby authorized, upon the petition of 



1881. — Chapters 136, 137. 441 

Stephen Salisbmy and others now pending before them, may be taken 
to take, without compensation, a portion of the land of the smi^erstr^eet. 
asylum for the chronic insane on the enst side of Summer 
Street in the city of Worcester, for the purpose of widen- 
ing and improving said street as prayed for in said pe- 
tition, the strip to be so taken not to exceed five metres 
in width. 

Section 2. Said commissioners shall require, in their substantial 
order for the said taking, that a substantial retaining wall, [o be"bum'!* 
not inferior to the present wall upon said street, shall be 
built by the city of Worcester along the proposed line of 
said street, to conform to the surface grade as now exist- 
ing on said line or as it shall be fixed by the trustees of 
said asylum, and that the iron fence, now surmounting iron fence to be 
said present wall and enclosing the grounds, shall be '^p^'"^*'^- 
firmly replaced, and the steps leading up to the building 
so moved back or rebuilt as to make a convenient and 
suitable approach and entrance thereto, in accordance 
with plans and specifications previously presented to and 
approved by said trustees; and that said work when com- work to be 
menced shall be forthwith done and completed to the expense to^the 
acceptance of said trustees, and without expense to the Commonwealth. 
Commonwealth. 

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

Approved March 24, 188 1. 

An Act to amend "an act relating to the management Chap. 136 

OF LOCK-UPS." 

Be it enacted, etc., as follows: 

Section 1. All the powers conferred upon the mayor Lockups in 
of the city of Boston by and under the provisions of chap- under"controi 
ter one hundred and seventy-five of the acts of the year commissioners, 
eighteen hundred and seventy-three are hereby conferred 
upon the board of police commissioners of said city of 
Boston. 

Section 2. This act shall take effect on the first day 
of May next. Approved March 24, 1881. 

An Act regulating the use of explosive, combustible Chaj). 137 

AND INFLAMMABLE COMPOUNDS IN MANUFACTURING ESTAB- 
LISHMENTS. 

Be it enacted, etc., asfolloios: 

Section 1. No explosive, combustible or inflammable u»e, etc., of 

compounds shall be used in manufacturing establishments com^^^nds*^ 

in such place or manner as to obstruct or render hazardous ••egu'atea. 

56 



442 



1881. — Chapters 138, 139. 



Provisions to be 
enforced by 
inspectors of 
factories and 
public build- 
ings. 



the egress, in case of fire, of persons employed in such 
establishments. 

Section 2. Any person or corporation violating the 
provisions of this act shall be liable to the penalties fixed 
by chapter two hundred and fourteen of the acts of the 
year eighteen hundred and seventy-seven, and it shall be 
the duty of the inspectors of factories and public buildings 
to enforce the provisions of this act. 

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

Approved March 24, 1861. 



Chap. 138 An Act to provide fob the transfer of the tax lists of col- 
lectors OF TAXES IN certain CASES. 



Tax list, of a 
collector paid 
by a fixed 
salary, may be 
transferred to 
his successor. 



Amendment to 
G. 8. 12, § 2. 



Be it enacted, etc., as follows: 

Section 1. The tax list of any collector of taxes who 
is paid })y a fixed salary may, upon the expiration of his 
term of office, be transferred to his successor as in the case 
of the death of a collector, and all provisions of law relat- 
ing to the transfer of a tax list in case of the death of a 
collector shall, so far as consistent, apply upon the expira- 
tion of the term of office as aforesaid. 

Section 2. Section two of chapter twelve of the Gen- 
eral Statutes is hereby amended by inserting after the 
word " provided," the words " or unless his tax list has 
been transferred to his successor as provided by law." 

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

Approved March 24, 1881. 



Chap. 139 



Sentence to the 
state prison, of a 
convict in a jail 
or bouse of 
correction. 



An Act relative to sentences to the state prison of per- 
sons already under sentence to imprisonment in jails and 
houses of correction. 

Be it enacted, etc., as follows: 

Section 1. When a convict serving a sentence of im- 
prisonment in a jail or house of correction is again con- 
victed of an offence punishable with imprisonment in the 
state prison, the court awarding sentence for such offence 
may impose such sentence of imprisonment in the state 
prison as is authorized by law, and may order that the 
same take effect forthwith notwithstanding the former 
sentence, and the convict shall be removed accordingly 
and shall be discharged at the expiration of said last 
named sentence. 

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

Approved March 24, 1881. 



1881. — Chapters 140, 141, 142. 



443 



Delivery of 
property to sue 
cesser by execu- 
tor, etc., upon 
resignation of 
trust. 



An Act relating to the delivery by executors, administra- Chap. 140 

TORS, GUARDIANS AND TRUSTEES, UPON RESIGNATION, OF PROP- 
ERTY IN THEIR HANDS TO THEIR SUCCESSORS. 

Be it enacted, etc., as follows : 

Section 1. When an executor, administrator, guardian 
or trustee resigns his trust and neglects or refuses to de- 
liver to his successor in said trust all goods, chattels, 
moneys and effects in his hands belonging to the estate, 
the probate court ma}- upon application of such successor 
or of any party beneficially interested in the estate, re- 
quire such delivery to be made in the manner provided in 
chapter one hundred and eighty-six of the acts of the year 
eighteen hundred and eighty, and the provisions of sec- 
tions three, four and five of said chapter are extended and 
made applicable to the case of an executor, administrator, 
guardian or trustee who resigns his trust. 

Section 2. All acts and parts of acts inconsistent with Repeal, 
the provisions of this act are hereby repealed. 

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

Approved March 24, 1881. 

An Act to amend " an act to provide for the release of Chap. 141 

PRISONERS FOR GOOD CONDUCT." 

Be it enacted, etc., as follows : 

Chapter two hundred and eighteen of the acts of the Release of pris- 
year eighteen hundred and eighty is hereby amended by conduct.'^ ^"'^ 
striking out in the first section the following words, be- 
ginning in the tenth line : " not more than one year, one 
day for each month ; upon a sentence 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 sen- 
tence of not less than five years nor more than ten years, 
five days for each month," and by inserting in j)lace there- 
of the following words : "less than one year, one day for 
each month ; upon a sentence of one year and less than 
three years, three days for each month ; upon a sentence 
of three and less than five years, four days for each month ; 
upon a sentence of five and less than ten years, five days 
for each month." Approved March 24, 1881. 

An Act to regulate the voting of stockholders in joint Chap. 142' 

STOCK INSURANCE COMPANIES. 

Be it enacted, etc., as folloios: 

Section 1. At all meetings of the stockholders of joint stockholder not 
stock insurance companies incorporated under the laws of shares in excess 



U4 



1881. 



Chapters 143, 144, 145. 



of one-tenth of 
the whole stock. 



Chap. 143 



Railroads cross- 
ing each other 
at grade. 



this Commonwealth, every stockholder shall be entitled to 
cast one vote for each share held by him, provided he shall 
not be entitled to vote upon any shares in excess of one- 
tenth part of the whole number of shares of the stock of 
the corporation. 

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

Approved March 24, 18S1. 

An Act to give better security to travellers by rail- 
road. 
Be it enacted, etc., as foUoivs: 

Chapter three hundred and seventy-two of the acts cf 
the year eighteen hundred and seventy -four is amended by 
adding to section one hundred and twenty-two thereof the 
following words : "Unless a system of interlocking or of 
automatic signals shall be adopted by the two railroads 
crossing each other at grade, which shall have received 
the written approval of the board of railroad commission- 
ers." Approved March 24, 1881. 



Chap. 144 



Union truant 
schools may he 
established. 



Proviso. 



An Act to establish union truant schools. 
Be it enacted, etc., as follows : 

When three or more cities or towns in each of two or 
three contiguous counties, or in case of Norfolk, Bristol, 
Barnstable and Plymouth counties, of four contiguous 
counties, so require, the county commissioners of such 
counties shall, at the expense of the same, establish a union 
truant school at a convenient place therein ; to be organ- 
ized and controlled by the chairmen of the county commis- 
sioners of said counties in the manner provided in sections 
five and six of chapter two hundred and sixty-two of the 
acts of the year eighteen hundred and seventy-three : pro- 
vided, that any county uniting with another county or 
with other counties in the support of a union truant school 
shall be exempt from supporting a truant school of its own 
as now required. Approved March 24, 1881. 



Chap. 145 



Indenture 
ratified. 



An Act to ratify and confirm an indenture Br and be- 
tween THE EASTERN RAILROAD COMPANY AND THE FITCHBURQ 
RAILROAD COMPANY. 

Be it enacted, etc., as follows: 

Section 1. The indenture by and between the Eastern 
Railroad Company and the Fitchburg Railroad Compau}', 
dated the twenty-eighth day of December in the year 
eighteen hundred and eighty, and recorded in the Sufiolk 



1881. — Chapters 146, 147. 445 

reg'istiy of deeds, liber fifteen hundred and thirteen, folio 
four hundred and ninety-eight, and in the Middlesex south 
district registry of deeds, liber fifteen hundred and fifty- 
nine, folio one hundred and thirty-six, is hereby ratified 
and confirmed. 

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

Aiyproved March 24, 1881. 

An Act to authorize the children's hospital in boston to Chap. 146 

HOLD additional REAL AND PERSONAL ESTATE. 

Be it enacted, etc., as follows: 

Section 1. The Children's Hospital in Boston, incor- Additional real 
porated by chapter forty-four of the acts of the 3^ear eigh- estate?'^**^"* 
teen hundred and sixty-nine, is hereby authorized to hold 
real and personal estate to an amount not exceeding three 
hundred thousand dollars. 

Section 2. No building shall be erected by said cor- Not to exceed 
poratiou as a hospital building capable of accommodating for'J^'re°than'" 
or designed to accommodate more than two hundred pa- p'^tle'Jus.^'^^'^ 
tients at any one time, without the approval of the board 
of health of the city of Boston. 

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

Approved March 29, 1881. 

An Act to authorize the appointment of certain officers Chap. 147 
in the executive department, and to fix their compen- 
sation. 

Be it enacted, etc., as follows: 

Section 1. The governor with the advice and consent Executive cierk 

p , 1 •! • , J • 1 1 1 and messenger. 

01 the council may appoint an executive clerk, and a mes- 
senger ; who shall hold office during the pleasure of the 
governor and council, and shall perform such duties as 
may be required of them by the governor or the governor 
and council. 

Section 2. The executive clerk, and messenger, shall compensation. 
receive per year, and at the same rate for any fraction 
thereof, in full compensation for their services, the follow- 
ing sums, to wit : The executive clerk, twelve hundred 
dollars, and the messenger, eight hundred dollars. 

Section 3. All acts and parts of acts inconsistent Repeal, 
herewith are hereby repealed. 

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

Approved March 30, 1881, 



446 



1881. — Chapters 148, 149, 150. 



Chap. 148 



Office of clerk 
established. 



Duties. 



Salary. 



Takes effect 
April 1, 1881. 



Chap. 149 



Power-brakes 
to be used on 
passenger 
trains. 



Fine for viola- 
tion, etc. 



To take effect 
June 1, 1881. 



Chap.lbi) 



An Act to establish the office of clerk of the police 
court of holyoke. 

Be it enacted^ etc., as follows: 

Section 1. Hereafter there shall be a clerk of the 
police court of Holyoke, who shall be appointed in the 
manner provided b}^ law for the appointment of clerks of 
district, police and municipal courts. 

Section 2. Said clerk shall perform all the duties now 
prescribed by the General Statutes for clerks of police 
courts ; and all the provisions of law now applicable to 
clerks of police courts shall apply to said clerk. 

Section 3. Said clerk shall receive an annual salary 
of seven hundred and fifty dollars, to be paid by the 
county of Hampden. 

Section 4. This act shall take effect so far as the ap- 
pointing, commissioning and qualifying said clerk are con- 
cerned, upon its passage ; and it shall take full effect on 
the first day of April in the year eighteen hundred and 
eighty-one. Approved March 30, 1881. 

An Act to compel the use of power-brakes on the trot 
and greenfield railroad. 

Be it enacted, etc., as follows: 

Section 1. No passenger train shall enter upon or use 
any part of the Troy and Greenfield Railroad unless it is 
provided with a continuous power-brake attached to the 
engine and to each passenger car of said train. 

Section 2, Any railroad company entering upon or 
using said road in violation of the provisions of this act 
shall be liable to a fine of one hundred dollars for each 
day of such violation, to be recovered b}^ indictment. 

Section 3. This act shall take effect upon the first 
day of June eighteen hundred and eighty-one. 

Approved March 30, 1881. 



An Act concerning the Lancaster railroad company. 
Be it enacted, etc., as follows: 
Charter revived. SECTION 1. Chapter oiic huiidrcd and one of the acts 
of the year eighteen hundred and se vent)' -nine, concern- 
ing the Lancaster Railroad Company, is hereby revived ; 
and all the franchises, riglits, powers, authorities, privi- 
leges, immunities and property granted by said chapter 
are hereby revived and re-granted to said company. The 
time within which said Lancaster Railroad was, by section 
one of said chapter, to be located, is hereby extended two 



Time for loca- 
tion and con- 
struction 
extended. 



1881. — Chapter 151. 447 

years from the passage of this act, and the time within which 
by the same section it was ordered to be constructed is 
hereby extended four years from the passage of this act: 
provided^ lioioever^ that nothing herein contained shall be Proviso, 
construed to revive any rights of action in favor of the 
Lancaster Railroad Company or the stockholders, bond- 
holders or creditors of said company which have been lost 
by the failure, if any, heretofore to locate or construct 
said Lancaster Railroad, or to give said company any new 
or further authority than it now has to require the Mas- 
sachusetts Central Railroad Company to change its line or 
grade at the crossing of the roads in the town of Hudson. 

Section 2. All claims for damage for land or other ciaims for dam- 
property taken by the location and construction of the rfvfved.*''* 
road of the said Lancaster Railroad Company, not hereto- 
fore settled and paid, are hereby revived and continued in 
force ; and all proceedings pending in any of the courts 
of the Commonwealth instituted for the recovery of said 
damages, as well as judgments recovered and not satisfied, 
are hereby revived, preserved and continued in full force, 
with the same lien, security, and remedy to enforce final 
judgment as existed by law at the date of the expiration 
of the charter of said Lancaster Railroad Company, sub- 
ject only to such alterations and amendments of law as 
have since been made applicable to the recovery of claims 
for damages in like cases. 

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

Approved March 30, 1881. 

An Act to provide for laying out a public park in the Chap.\b\ 

TOWN OF MARBLEHEAD. 

Be it enacted^ etc., as follows : 

Section 1. The inhabitants of the town of Marble- Parkcommis- 
head may, at any legal meeting called for the purpose, elected. '^ 
elect three commissioners and prescribe their terms of 
office. Said commissioners shall constitute a board of 
park commissioners, and any vacancy occurring in said 
board shall be filled in such manner as the town may di- 
rect. Said commissioners shall receive such compensation 
as the town shall determine. 

Section 2. Said board shall have power to locate May locate a 
within the limits of the town of Marblehead a public Eead.'° ^^''''^^' 
park ; and for that purpose to take in fee by purchase or 
otherwise any such lands as said board may deem desira- 
ble therefor : provided, however, that no land shall be taken, proviso. 
or other thing involving an expenditure of money done, 



448 



1881. — Chapter 151. 



Proviso. 



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



Damages. 



Fee of lands 
taken to vest in 
town of Marble- 
bead. 



Streets, etc., not 
to be laid out 
across park. 



Board to report 
annually to the 
town. 



Subject to ac- 
ceptance by a 
majority vote. 



until an appropriation sufficient to cover the estimated 
expense thereof shall have been made by a two-thirds 
vote of the voters present and voting at a meeting legally 
held; a,nd provided^ further^ that no taking of land other- 
wise than by purchase shall be valid unless it is reported 
to the town, filed, accepted and allowed, as provided by 
section sixty-five of chapter forty-three of the General 
Statutes in the case of laying out town ways. 

Section 3. Said board shall, within sixty days after 
the acceptance by the town of their report of the taking 
of land under this act, file in the registry of deeds for the 
southern district of the county of Essex, a description 
thereof sufficiently accurate for identification. 

Section 4. Said board shall estimate and determine 
all damages sustained by any persons by the taking of 
land or other acts of said board in the execution of the 
powers vested in them under this act ; but any party ag- 
grieved by any such determination of said board may 
have his damages assessed as in case of land taken for 
highwaj^s. 

Section 5. The fee of all lands taken or purchased 
by said board under this act shall vest in the town of 
Marblehead, and said town shall be liable to pay all dam- 
ages assessed or determined, as provided in the preceding 
section, and all other costs and expenses incurred by said 
board in the execution of the powers vested in them by 
this act. Said town shall also be authorized to take and 
hold in trust or otherwise any devise, grant, gift or be- 
quest that may be made for the purpose of laying out, 
improving or ornamenting an}" parks in said town. 

Section 6. No street or way, and no steam or horse 
railroad, sliall be laid out over aii}^ portion of any park 
located under this act, except at such places and in such 
manner as said board shall approve. 

Section 7. Said board shall at the annual town meet- 
ings and at such other times as the town may direct, make 
report of its doings, including a detailed statement of all 
receipts, expenditures and liabilities. 

Section 8. This act shall not take full effect unless 
accepted by a majorit}' of the legal voters of said town of 
Mar[)lehead, present and voting thereon, by ballot, and 
using the check list, at a meeting which shall be held dur- 
ing the present year. Said ballot shall be "yes," or "no," 
in answer to the question, " Shall an act passed by the 
legislature of the Commonwealtli in the year eighteen 
liundred and eighty-one, entitleil ' A\i Act for laying out 



1881. — Chapter 152. 



449 



a public park in the town of Marblehead,' be accepted ? " ^^l;!^"!^*" ^^^ 
Such meeting shall be called, notified and warned in the tor election of 
same niannei- in which meetings for the election of town 
oJBficers are called, notified and warned ; and it shall be 
the duty of the selectmen and town clerk to certify, as 
soon as may be, to the secretary of the Commonwealth, 
the whole number of ballots cast in said town in favor of 
the acceptance of this act, and the whole number cast 
against said acceptance ; and if it shall appear that a ma- 
jority of the ballots have been cast in favor of acceptance, 
the said secretary shall forthwith issue and publish his secretary to 
certificate declaring this act to have been duly accepted. ance'of thiract. 

Section 9. So much of this act as authorizes and di- 
rects the submission of the question of its acceptance to 
the legal voters of the town of Marblehead, shall take 
effect upon its passage. Approved March 30^ 1881. 

[Accepted May 17, 1881.] 



An Act concerning the lynn and boston railroad company. 
Be it enacted., etc., as follows : 

Section 1. The Lynn and Boston Railroad Company 
is hereby authorized to purchase and hold such real estate 
as may be necessar}- or convenient to carry on its business 
in the cities and towns named in its act of incorporation, 
and in all the cities and towns in which said company now 
runs or may hereafter run its cars, as lessee or otherwise. 

Section 2. Said corporation is hereby authorized to 
purchase all the rights, franchise and property of any 
other street railway company or companies whose road it 
hires, or with which it connects or may connect in any of 
said cities or towns, except the city of Boston, and to pay 
for the same in money or its stock, or both, as may be 
agreed upon between the respective boards of directors ; 
and said companies or either or any of them, are authorized 
to convey and assign to said Lynn and Boston Railroad 
Company their franchise and property and all the rights, 
privileges and powers granted them : provided., however., 
that the terms of any such purchase and sale shall be ap- 
proved by a majority in interest of the stockholders of 
each of the corporations, respectively, parties to said 
agreement, present and voting at meetings called for the 
purpose. 

Section 3. If said Lynn and Boston Railroad Com- 
pany purchases under this act the rights, franchise and 
property of any other company or companies, the latter 
company or companies shall thereupon be merged in said 

57 



Chaf. 152 



May purchase 
and bold certain 
real estate. 



May purchase 
other street 
railways. 



Companies pur- 
cliased to be 
merged in Lynn 
and Boston Rail- 
road Company. 



450 



1881. — Chapter 152. 



Location of 
tracks to Wood- 
lawn Cemetery 
in Everett. 



Powers and 
duties. 



Location of 
traclis in 
Swampscott. 



May increase 
capital stock. 



Location of 
constructed 
tracks con- 
firmed. 



Purchases of 
real estate 
confirmed. 



Lynn and Boston Railroad Companj' ; and said Lynn and 
Boston Railroad Company shall thereupon have and enjoy 
all the rights, powers, privileges, franchises and property, 
and be subject to all the duties, liabilities and restrictions 
appertaining at the time to the company or companies so 
merged. 

Section 4. The board of aldermen of any city or the 
selectmen of any town referred to in the first section of 
this act, and of the towns of Peabody and Everett, for 
the purpose of reaching Woodlawn Cemetery in said 
Everett, are hereby authorized to locate the tracks of said 
Lynn and Boston Railroad Company upon and over such 
streets and highways within their respective jurisdictions 
as they may in their discretion from time to time deter- 
mine, with the assent in writing of said corporation ; and 
thereupon said corporation may construct, maintain and 
use its railroad located in pursuance of this act upon 
and over the streets and highways of said cities and 
towns; with the same powers and privileges, and subject 
to the same duties, liabilities and restrictions as if the 
same had been authorized and located and constructed 
under the authority of the act by which said company 
was incorporated. But no track shall be located or con- 
structed from Lynn into Swampscott farther than kludge's 
Square in said Swampscott, and the time for locating and 
constructing in Peabody and Everett is limited to two 
years from the passage of this act. 

Section 5. The Lynn and Boston Railroad Company 
is hereby authorized to increase its capital stock as it may 
from time to time determine, the total increase not to ex- 
ceed three hundred thousand dollars. 

Section 6. All constructed tracks of the Lynn and 
Boston Railroad Compan}', locations whereof have been 
granted to said company as such, or to said company as 
lessee, by towns and cities named in its act of incorpora- 
tion, shall be deemed and taken to be duly located with 
full power to maintain and use the same ; and all pur- 
chases of real estate in an}'' of said cities and towns here- 
tofore made by said company shall be deemed and taken 
to have been legally purchased, and said purchases and 
locations are hereby ratified and confirmed. 

Section 7. This act shall take effect upon its passage. 

Approved March 30^ 18S1. 



1881. — Chapters 153, 154. 



451 



Powers and 
duties. 



An Act to incorporate the peabody institute in peabody. Chap. 153 
Be it enacted^ etc., as follows: 

Section 1. Alfred A. Abbott, Warren Shaw, William corporators. 
F. Wiley, E. Pope Barrett, and their associates, trustees of 
the Peabody Institute in Peabody, and their successors in 
office, are hereby made a corporation by the name of the 
Peabody Institute in Peabody, with all the powers and 
privileges, and subject to all the duties, liabilities and re- 
strictions set forth in the General Statutes relating to 
similar corporations : provided, however, that it shall not be 
necessary for said corporation to organize in the method 
or to give the notice and hold the first meeting prescribed 
by statute, but the present trustees of said Peabody Insti- 
tute, and their successors to be chosen by the legal voters 
of the town of Peabody in the manner heretofore pre- 
scribed and used, shall constitute and be said corporation, 
and shall proceed to act and to fulfill their duties under 
their present organization and according to such rules and 
regulations as now exist or as may be hereafter legally 
established. 

Section 2. Said corporation shall hold all the funds 
of said Peabody Institute, including their lands and build- 
ings, stocks, bonds and other securities, and such other 
real and personal estate as may accrue to or for the benefit 
of said institute by gift, grant or otherwise, for the pur- 
poses declared and upon the conditions imposed by George 
Peabody, the founder of said institute, and shall apply the 
same in the way and manner indicated by him and as ac- 
cepted and determined by the town of Danvers at a town 
meeting held June twenty-eighth, eighteen hundred and 
fifty-two, or as may have been since or may hereafter be 
prescribed by the town of Peabody, so far as the same may 
be in accordance with the expressed views of said founder, 
and for no other purpose whatever : provided, however, 
that the whole amount of the aforesaid funds, together 
with such real and personal estate as may be added there- 
to, shall not exceed six hundred thousand dollars. 

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

Approved 3Iarch 30, 1881. 



To hold all the 
funds, t'tc, of 
the Peabody 
Institute. 



Funds and estate 
not to exceed 
$600,000. 



An Act to authorize the city of Worcester to purchase, Chap. 154 

HOLD AND SELL CERTAIN LAND IN SAID CITY. 

Be it enacted, etc., as folloios : 

Section 1. The city of Worcester is hereby author- city of worces- 
ized to purchase, hold and sell the whole or any part of cha^Ynd'hoid 



452 



1881. — Chapters 155. 156. 



certain land. 



Debt not to be 
increased be- 
yond amount 
allowed by law. 

Subject to 
acceptance. 



the land situated in said city, now owned by the Boston 
and Albany Railroad Company, bounded by Foster Street, 
Norwich Street, Mechanic Street, and land of the Rice, 
Barton and Fales Manufacturing Company and others, and 
for the purpose of paying for said land to issue the bonds 
of said city payable at such times and at such rate of in- 
terest as the city council shall determine : provided^ this 
act shall not authorize the debt of said city to be increased 
beyond the amount now allowed by law. 

Section 2. This act shall take effect upon its accept- 
ance by the city council of said cit}' of Worcester. 

Approved March SO, 1881. 



Chap. 155 An Act to amend "an act concerning the collection of 

STATE TAXES UPON CORPORATIONS." 

Be it enacted., etc., as follows : 

Section 1. The provisions of chapter fifty-two of the 
acts of the year eighteen hundred and sixty-seven shall 
extend and apply to any kind of tax or excise claimed or 
collected by the Commonwealth of any corporation other 
than a municipal corporation, whether existing by au- 
thority of this Commonwealth or otherwise. An abate- 
ment shall be granted in proceedings under the second 
section of said act of such portion of the tax or excise, but 
of such portion only, as siiall appear to have been assessed 
without authority of law. 

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

Ap2)roved March 30, 18S1. 



State taxes upon 
corporations. 
1S67, 52. 



Abatement. 



Chap. 156 An Act restricting the construction op railroads across 

THE DEEP CHANNELS OF BOSTON HARBOR. 



Kailronds not to 
be built across 
deep channels 
of Boston 
Harbor. 



Damages to lit- 
toral proprie- 
tors. 



Be it enacted, etc., as follows : 

Section 1. Section eight-five of chapter three hun- 
dred and seventy-two of the acts of the year eighteen 
hundred and seventy-four is amended by inserting after 
the word "prescribe," the following words: "or across 
any portion of the deep channels of Boston Harbor below 
the existing bridges without s])ecial legislative authority 
obtained therefor. Any littoral proprietor who shall suf- 
fer any obstruction or interruption of his access to the sea 
by reason of the location and construction of any railroad 
across tide water, otherwise than by a bridge with a suita- 
ble draw, may recover of the corporation, whose railroad 
shall be so located, all damages occasioned by such loca- 
tion and construction in the same manner, and with the 



1881. — Chapters 157, 158, 159. 



453 



same rights as to security, as are provided by law in re- 
spect to damages occasioned by laying out and maintain- 
ing railroads ; but this provision shall not apply to any 
railroad constructed under the provisions of chapter two 
hundred and fifty-two of the acts of the year eighteen hun- 
dred and eighty." 

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

Approved March 30, 1881. 

An Act to provide for the appointment of an assistant dis- 
trict ATTORNEY FOR THE NORTHERN DISTRICT. 

Be it enacted, etc. , as foUozvs : 

The district attorney for the northern district may ap- 
point an assistant district attorney, removable at his pleas- 
ure, to assist him in the performance of his ojfificial duties, 
who shall receive out of the treasury of the county of 
Middlesex a salary of fifteen hundred dollars a year, and 
at that rate for any part of a year. 

Approved March 30, 1881. 

An Act concerning the payment of salaries of county Chap. 158 

officers. 

Be it enacted, etc., as follows : 

Section 1. The salaries payable from the treasury of salaries of 
each county, whether established by law or authorized by to be^pa'i*''^'^ 
the county commissioneis, shall be payable monthly, on monthly. 
the first day of each month. 

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

Approved March 30, 1881. 



Chap. 157 



Assistant dis- 
trict attorney 
for tlie northern 
district. 



insolvent estates 
of deceased 
persons. 



An Act to amend section one of chapter ninety- nine of the Chap. 159 

GENERAL STATUTES RESPECTING THE DISTRIBUTION OF INSOLVENT 
ESTATES OF DECEASED PERSONS. 

Be it enacted, etc., as follows : 

Section 1. Section one of chapter ninety-nine of the Distribution of 
General Statutes is hereby amended so as to read as 
follows: "Section 1. When the estate of a person de- 
ceased is insolvent, or insufficient to pay all his debts, it 
shall, after discharging the necessary expenses of his fu- 
neral, last sickness, and administration, be applied to the 
payment of his debts in the following order : — 

First. Debts entitled to a preference under the laws of 
the United States : 

Second. Public rates, taxes, and excise duties : 

Third. Wages or compensation due to any clerk, ser- 



454 



1881. — Chapters 160, 161, 



vant or operative, to an amount not exceeding one hun- 
dred dollars, for labor performed within one year next 
preceding the death of such deceased person, or for such 
lal)or so performed for the recovery of payment for which 
a judgment has been rendered: 

Fourth. Debts due to all other persons. 

If there is not enough to pay all the debts of any class 
the creditors of that class shall be paid ratably upon their 
respective debts ; and no payment shall be made to credit- 
ors of any class until all those of the preceding class or 
classes, of whose claims the executor or administrator has 
notice, are fully paid." 

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

Approved March 30, 1881. 



Chap. 160 



An Act relatixg to the service of writs and other process 
against sheriffs. 



Be it enacted, etc., as follows : 
Process against When any writ or other process is sued out against the 
^^'''ed by sheriff sheriff of any county, the sheriff or deputy of an adjoining 

county shall serve and execute such writ or process. 

Approved March 30, 1881. 



gerv 

of adjoining 

county 



Chap. 161 ^^ Act to secure the payment of damages occasioned by 

THE CONSTRUCTION OF RAILROADS. 



Security for 
payment of 
damages occa- 
sioned by con- 
struction of 
railroads. 



Be it enacted, etc., as follows: 

Neither of the certificates provided for in section twenty- 
nine of the "general railroad act," one thousand eight hun- 
dred and seventy-four, shall be granted, unless it has been 
proved to the satisfaction of the board of railroad commis- 
sioners, that a sum has been paid, in cash and in good faith 
to the treasurer of the railroad association applying for 
such certificate sufficient in the judgment of said board to 
pay all damages, immediate or consequential, that may be 
occasioned by laying out and making and maintaining its 
road, or by taking any land or materials therefor ; nor un- 
til said board is satisfied that said sum will remain in the 
hands of said treasurer until it is drawn out for the lawful 
expenditures of said association or of the company result- 
ing from said association. The said board may require 
sucii assurance of good faith in the premises, by bond or 
otherwise, as seems to them necessary. 

Approved March 30, 1881 . 



1881. — Chapters 162, 163. 455 

An Act providing for the repairing or reconstruction of Chap. 162 

THE BRIDGE ACROSS MERRIMAC RIVER BETWEEN THE TOWN OF 
GROVELAND AND THE CITY OF HAVERHILL. 

Be it enacted., etc. , as follows : 

Section 1. The county commissioners of the county of Bridge raay be 
Essex are hereby authorized and required as soon as may bum"anew!^*^ "'^ 
be after the passage of this act to repair and strengthen, 
reconstruct or build anew, the bridge and draw across 
Merrimac River between the town of Groveland and the 
city of Haverliill ; and the said commissioners are hereby 
authorized to hire such sums of money as may be neces- 
sary to comply with the provisions of this act. 

Section 2. The said commissioners after due notice to cuieg and towns 
all parties interested, and after a hearing of said parties, for'^expenTe^o'f 
shall proceed to determine what cities and towns in said ^"''ding- 
county receive particular and special benefit from the use 
of said bridge and draw, and to apportion and assess upon 
said county, cities and towns in such amounts as the}^ shall 
deem equitable and just, the cost of repairing, reconstruct- 
ing or rebuilding said bridge and draw. And said com- 
missioners also shall determine what proportion said county, 
cities and towns shall pay annually for the cost of repairs 
and maintenance of said bridge and draw. 

Section 3. The treasurer of the city or town having swom state- 
the care of the draw ana repairs of said bridge, and paying pg^nses^to'be 
for the same out of its treasury, shall make to the said annually made 

'' „ , to county com- 

commissioners a sworn statement oi the annual expense, missioners. 
on or before the first day of January in each year, and the 
said commissioners shall pay to such city or town out of the 
treasury of said county, after deducting its proportion of 
the annual expense, the balance which may be due. 

Section 4. All acts or parts of acts inconsistent here- Repeal, 
with are hereby repealed. 

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

Approved March 30, 1881. 

An Act to secure a more equal apportionment of the state Chap. 163 

AND COUNTY TAXES UPON THE SEVERAL CITIES AND TOWNS. 

Be it enacted, etc., as follows: 

Section 1. It shall be the duty of the deputy tax com- Deputy tax 

missioner before the first day of January in the year eigh- appo™don^"a^xVs° 

teen hundred and eighty-three, and before the first day of <^to., upon cuies 

-_ .' 1 • 1 ^ c and towns. 

January in every third year thereatter, to equalize and 
apportion upon the several cities and towns, the number of 
polls, the amount of property, and the proportion of every 



456 



1881. — Chapters 164, 165. 



To be furnished 
with returns of 
the assessors, by 
the secretary. 



May require 
furtiier returns 
to be made. 



Additional cleri- 
cal assistance. 



one thousand dollars of tax, including polls at one-tenth 
of a mill each, which should be assessed upon each city or 
town, and to report the same in tabular form in print to 
the General Court within the first week of its then next 
succeeding session. 

Section 2. For the purposes of this act the deputy tax 
commissioner shall from time to time be furnished b}^ the 
secretary of the Commonwealth with the returns of the 
assessors of the several cities and towns required by chap- 
ter one hundred and sixty-seven of the acts of the year 
eighteen hundred and sixty-one. He shall cause to be 
prepared abstracts showing the value, above real estate 
and machinery locally taxed, of shares in Massachusetts 
corporations and national banks held by residents of each 
city and town and not included in the local assessment. 
He may require such further returns and statements fi-om 
state, city and town officers, relative to the amount and 
value of taxable property in the several cities and towns, 
as in his judgment may be necessary. Upon the basis 
of the returns and statements thus provided and author- 
ized according to the best of his judgment and discretion 
he shall discharge the duty herein imposed upon him. 

Section 3. For the purposes of this act the deputy 
tax commissioner shall be provided with suitable rooms in 
the state house, may employ such clerical assistance as 
shall be necessary, and may procure necessary stationery 
and other articles. 

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

Approved March 30, 1881. 



Chap. 164 A.N Act to amend " an act relating to conditional par- 
dons. ' ' 
Be it enacted, etc., as follows : 

Section 1. Chapter three hundred and one of the acts 
of the year eighteen hundred and sixty-seven is hereby 
amended by inserting in the ninth line of the second sec- 
tion, after the word " shall," the word " not." 

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

Approved March 30, 1881. 



Time between ■ 
conditional par- 
don and subse- 
quent arrest not 
to be taljen to be 
part of term of 
sentence. 



Chap. 165 An Act in relation to insane persons held for trial or sen- 
tence. 
Be it enacted, etc., as folloivs : 
Insane person Section 1. When a pcrsou held for trial or for sen- 

rcmo'vt"Yo^^ tence, except for capital crimes, in any jail, appears to be 
lunatic hospital, insauc, lie uuiy be removed to one of the state lunatic hos- 



1881. — Chapter 166. 457 

pitals, in the manner provided by law for the removal of a 
convict imprisoned in a house of correction. 

Section 2. A judge of the supreme judicial court sit- commitment of 
ting for the arraignment of a person charged with the triunaUchos- 
crime of murder, under the provisions of chapter four hun- Prralgnment for 
dred and thirty-three, section two, of the acts of the year murder, 
eighteen hundred and sixty-nine, shall have the same 
power to commit such person to a lunatic hospital, if 
found by him to be insane, as the court would have if sit- 
ting at a regular term thereof. 

Section 8. When a person removed as aforesaid is, in when restore.^ 
the opinion of the trustees and superintendent of the hos- returned^ to th^ 
pital to which he was removed, restored to sanity, he shall J''*'- 
forthwith be returned to the jail from which he was re- 
moved, where he shall be held in accordance with the 
terms of the process by which he was originally commit- 
ted thereto. 

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

Approved March SO, 1881. 

An Act concerning mutual fire insurance companies, and Chap. 166 

ESTABLISHING A STANDARD FORM FOR FIRE INSURANCE POLI- 
CIES. 

Be it enacted, etc., as fallows: 

Section 1. No fire insurance company or association standard form, 
shall, after the first day of October next, issue fire insur- IncepVikfies! 
ance policies on property in this Commonwealth other 
than those of the standard form herein set forth, except as 
follows, to wit : — 

First. A company or association may print on or in its policies its 
name, location, and date of incorporation, the amount of its paid up 
capital stock, the names of its officers and agents, the number and 
date of the policy, and, if it be issued through an agent, the worda 
" This policy shall not be valid until countersigned by the duly au- 
thorized agent of the company at ." 

Second. A company or association may print or use in its policies 
printed forms of description and specification of the property insured. 

Third. A company or association insuring against damage by 
lightning, may print, in the clause enumerating the perils insured 
against, the additional words, " Also any damage by lightning, 
whether fire ensues or not," and in the clause providing for an appor- 
tionment of loss in case of other insurance, the words, " whether by 
fire, lightning, or both." 

Fourth. A company or association, incorporated or formed in this 
Commonwealth, may print in its policies any provisions which it is 
authorized or required by law to insert therein; and any company or 
association not incorporated or formed in this Commonwealth may, 
with the approval of the insurance commissioner, so print any provis- 
ion required by its charter or deed of settlement, or the laws of its 
58 



458 



1881. — Chapter 166. 



Standard form 
for fire iiiHur- 
ance policies. 



own state or country, not contrary to the laws of this Commonwealth: 
provided, however, that the insurance commissioner shall require any 
provision which, in his opinion, modifies the contract of insurance in 
such way as to affect the question of loss to be appended to the policy 
by a slip or rider, as hereinafter provided. 

Fifth. The blanks in said standard form may be filled in print or 
writing. 

Sixth. A company or association may print upon policies issued in 
compliance with the preceding provisions of this section the words 
" Massachusetts Standard Policy." 

Seventh. A company or association may write upon the margin or 
across the face of a policy, or write or print upon separate slips or 
riders, to be attached thereto, provisions adding to or modifying those 
contained in the standard form; but when printed to be in type not 
smaller than long primer, and all such slips, riders and provisions 
must be signed by the agent, or the company so using them. 

The said standard form of policy shall be plainly printed, and no 
portion thereof shall be in smaller type than long primer, and shall be 
as follows, to wit: — 

No. ... .K 

[Corporate name of the company or association : its principal place 
or places of business.] 

This company shall not be liable beyond the actual value of the in- 
sured proj^erty at the time any loss or damage happens. 

In consideration of dollars to them paid by the 

insured, hereinafter named, the receipt whereof is hereby acknowl- 
edged, do insure against loss or damage by 
fire, to the amount of dollars. 
(Description of property insured.) 

Bills of exchange, notes, accounts, evidences and securities of 

property of every kind, books, wearing apparel, plate, 

Property not money, jewels, medals, patterns, models, scientific 

coyere y o i- (.^]-,jjjgj;g j^j^^j collections, paintings, sculpture, and ciu'i- 

osities are not included in said insured property, unless 

specially mentioned. 

Said property is insured for the term of beginning on 

the day of 

in the year one thousand eight hundred and 
, at noon, and continuing until the 
day of in the year one thousand eight hundred and 

, at noon, against all loss or damage by fire, origi- 
nating from any cause except invasion, foreign enemies, civil commo- 
tions, riots, or any miltary or usurped power whatever; 
the amount of said loss or damage to be estimated ac- 
cording to the actual value of the insured property at 
the time when such loss or damage happens, but not to include loss or 
damage caused by explosions of any kind unless fire ensues, and then 
to include that caused by fire only. 

This Policy shall be void if any material fact or circumstance stated 

in writing has not been fairly represented by the insured, — or if the 

insured now has or shall hereafter make any other in- 

Matters avoid- xi -j i -ii i ii ». • 

Ing Policy. surance on the said property without the assent in 

writing or in print of the company, — or if, without such 
assent, the said pro]ierty shall be removed, except that if such removal 
shall be necessary for the preservation of the pro]>orty from fire, this 
policy shall he valid without such assent for five days thereafter, — or 
if, without such assent, the situation or circumstances affecting the 



Term. 



Perils insured 
against. 



1881. -T- Chapter 166. 



459 



for fire insur- 
ance policies. 



risk shall, by or with the knowledge, advice, agency, or consent of Standard forn; 
the insured, be so altered as to cause an increase of such risks, or if, "" °"'" 

without such assent, the said property shall be sold, or this policy as^ 
signed, or if the premises hereby insured shall become vacant by the 
removal of the owner or occupant, and so remain vacant for more than 
thiity days without such assent, or if it be a manufacturing establish-^ 
ment running in whole or part extra time, except that such establish- 
ments may run in whole or in part extra hours not later than nine 
o'clock P.M., or if such establishments shall cease operation for more 
than thirty days without permission in writing indorsed hereon, or if 
the insured shall make any attempt to defraud the company, either be- 
fore or after the loss, — or if gunpowder or other articles subject to le- 
gal restriction shall be kept in quantities or manner different from 
those allowed or prescribed by law, — or if camphene, benzine, naphtha, 
or other chemical oils or burning fluids shall be kept or used by the 
insured on the premises insured, except that what is known as refined 
petroleum, kerosene, or coal oil may be used for lighting. 

If the insured property shall be exposed to loss or Assured to pro- 
damage by fire, the insured shall make all reasonable else of exposur" 
exertions to save and protect the same. to fire. 

In case of any loss or damage under this policy, a statement in 
writing, signed and sworn to by the insured, shall be forthwith ren- 
dered to the company, setting forth the value of the 
property insured, the interest of the insured therein, all statement by in- 

i , , 1 .-' ',, . 1 , •! ., <• sured in case of 

other insurance thereon, in detail, the purposes tor loss. 
which and the persons by whom the building insured, 
or containing the property insured, was used, and the time at which 
and manner in which the fire originated, so far as known to the in- 
sured. The company may also examine the books of account and 
vouchers of the insured, and make extracts from the same. 

In case of any loss or damage, the company, within sixty days after 
the insured shall have submitted a statement, as provided in the pre^ 
ceding clause, shall either pay the amount for which it payment of loss 
shall be liable or replace the property with other of the to bemade with- 
same kind and goodness, — or it may, within fifteen in sixty days af- 
days after such statement is submitted, notify the in- company elects 
sured of its intention to rebuild or repair the premises, to replace or re- 
or any portion thereof separately insured by this policy, P**""' 
and shall thereupon enter upon said premises and proceed to rebuild 
or repair the same with reasonable expedition. It is moreover under- 
stood that there can be no abandonment of the property insured to 
the company, and that the company shall not in any case be liable for 
more than the sum insured, with interest thereon from the time when 
the loss shall become payable, as above provided. 

If there shall be any other insurance on the property insured, 
whether prior or subsequent, the insured shall recover on 
this policy no greater pi-oportion of the loss sustained Apportionment 
than the sum hereby insured bears to the whole amount ^ther insurance, 
insured thereon. And whenever the company shall pay 
any loss, the insured shall assign to it, to the extent of the amount so 
paid, all rights to recover satisfaction for the loss or damage from any 
person, town, or other corporation, excepting other in- 
surers; or the insured, if requested, shall prosecute gCg" to company 
therefor at the charge and for the account of the com- claims against 

_„^„ third parties. 

If this policy shall be made payable to a mortgagee of the insured 
real estate, no act or default of any person other than such morU 



460 



1881. — Chapter 166. 



Standard form 
for fire insur- 
ance policies. 



alties. 



Rights of parties 
in case the poli- 
cy is made pay- 
able to a mort- 
gagee. 



Cancellation of 
Policy. 



DiflFerences to be 
submitted to ref- 
erees. 



gagee or his agents, or those claiming under him, shall affect such mort- 
gagee's right to recover in case of loss on such real estate: proviiled, 
that the mortgagee shall, on demand, pay according to tlie established 
scale of rates for any increase of risks not paid for by the insured; 
and whenever this company shall be liable to a mort- 
gagee for any sum for loss under this policy, for which 
no liability exists as to the mortgagor, or owner, and 
this company shall elect by itself, or with others, to pay 
the mortgagee the full amount secured by such mort- 
gage, then the mortgagee shall assign and transfer to the companies 
interested, upon such payment, the said mortgage, together with the 
note and debt thereby secured. 

This policy may be cancelled at any time at the request of the in- 
sured, who shall thereupon be entitled to a return of the portion of the 
above premium remaining, after deducting the custom- 
ary monthly short rates for the time this policy shall 
have been in force. The company also reserves the 
right, after giving written notice to the insured, and to any mortgagee 
to whom this policy is made payable, and tendering to the insured a 
ratable proportion of the premium, to cancel this policy as to all risks 
subsequent to the expiration of ten days from such notice, and no 
mortgagee shall then have the right to recover as to such lisks. 

In case any difference of opinion shall arise as to the amount of loss 
under this policy, it is mutuallv agreed that the said loss shall be 
referred to three disinterested men, the company and the insured 
each choosing one out of three persons to be named by 
the other, and the third being selected by the two 
so chosen, provided that neither party shall be required 
to choose or accept any person who has served as a ref- 
eree in any like case within four months; and the decision of a ma- 
jority of said referees in writing shall be final and binding on the par- 
ties. 

No suit or action against this company for the recovery of any 
claim by virtue of this policy shall be sustained in any court of law or 
equity in this Commonwealth unless commenced within two years 
from the time the loss occurred. 

In witness whereof the said company has caused 

this policy to be signed by its President, and attested by its Secretary 
[or by such proper officers as may be designated], at their office in 
date 

Section 2. Any insurance company, association, or 
agent who shall wilfully or knowingly violate any of the 
provisions of this act by making, issuing, or delivering any 
policy of fire insurance in this Commonwealth except as 
herein provided, shall be punished by hue of not less than 
twenty nor more than fifty dollars for the first offence, and 
of not less than fifty nor more than two hundred dollars 
for each subsequent offence, upon complaint made by the 
insurance commissioner, or by any citizen of the Common- 
wealth, to any court having jurisdiction of the offence; 
but any policy of insurance so made, issued, or delivered, 
shall nevertheless be binding upon such company or asso- 
ciation. 



1881. — Chapter 167. 



461 



Section 3. Chapter three hundred and thirty-one of Repeal, 
the acts of the year eighteen hundred and seventy-three, 
chapter one hundred and seventy-five of the acts of the 
year eighteen hundred and eighty, and so much of section 
fifty-two of chapter fifty-eight of the General Statutes as 
limits the amount of a policy, issued on the mutual plan, 
to three-fourths of the value of the property insured, are 
hereby repealed. 

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

A2Dproved March 31, 1881. 



An Act to incorporate the Gloucester water supply com- 
pany. 
Be it enacted., etc., as follows: 

Section 1. Joseph O. Procter, Robert R. Fears, Sam- 
uel A. Stacy, Robert A. Tibbets, Nehemiah D. Cunning- 
ham, their associates and successors, are hereby made a 
corporation by the name of the Gloucester Water Supply 
Company, for the purpose of furnishing the inhabitants of 
Gloucester with pure water for the extinguishment of fires 
and for domestic, mechanical and other purposes ; with all 
the powers and privileges, and subject to all the duties, 
restrictions and liabilities set fjrth in all general laws 
which now are or hereafter may be in force applicable to 
such corporations. 

Section "J^. Said corporation may for the purposes 
aforesaid take, hold and convey through the city of Glouces- 
ter, or any part thereof, the water of any springs, natural 
ponds, brooks or other water sources in ward eight of said 
city, 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 to hold the 
same, and for laying and maintaining aqueducts and pipes 
for distributing the water 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 or service connections ; 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 unnecessarily to obstruct the 
same ; and may, under the direction of the city authori- 
ties of Gloucester, enter upon and dig up any road or 
other way for the purpose of laying or repairing its aque- 
ducts, pipes or other works ; and in general may do any 
other acts and things convenient and proper for carrying 
out the purposes of this act. 



Chap. 167 



Corporators. 



Name and 
purpose. 



Powers and 
duties. 



May take water 
from ponds, etc., 
in ward eight. 



May lay pipes 
through private 
lands. 



May enter upon 
and dig up 
roads. 



462 



1881. — Chapter 167. 



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



AsBeBBment of 



May fix water 
rates. 



May furnish city 
with water by 
contract. 



Capital stock 
not to exceed 
$350,000. 



Penalty for di- 
verting water or 
rendering it 
impure. 



Section 3. Said corporation shall, within sixty clays 
after the taking of any land or water rights under the 
provisions of this act, otherwise than by purchase, file in 
the registry of deeds for the southern district of the county 
of Essex a description of any land so taken, sufficiently 
accurate for identification, with a statement of the pur- 
poses for which it is so taken, and the title of the land so 
taken shall vest in said corporation. Any person or cor- 
poration injured in property 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 de- 
termined 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 and di- 
verted 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 ; and no suit for injury done 
under this act shall be brought after three years from the 
date of the alleged receipt of injury. 

Section 4. Said corporation ma}^ distribute the water 
through said city of Gloucester, may establish and fix from 
time to time rates for the use of said water, and collect 
the same, and make such contracts with the said city of 
Gloucester, or with individuals, or corporations, to supply 
water for fire or for other purposes, as may be agreed upon 
by said city, or individuals, or corporations, and said cor- 
poration. The city of Gloucester, by a majority vote of 
its city council present and voting jointly thereon, is here- 
by authorized to contract for a supply of water for fire or 
other purposes, for a term of years with said Gloucester 
Water Supply Company: provided, the contract is assented 
to by said city by a majority vote of the voters present 
and voting thereon at meetings called for that purpose in 
the several wards of said city. 

Section 5. The capital stock of said corporation shall 
not exceed three hundred and fifty thousand dollars and 
shall be divided into shares of one hundred dollars each ; 
and said corporation may at any time issue bonds to an 
amount equal to the capital stock actually paid in. 

Section 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 or aqueduct, pipe. 



1881. — Chapter 167. 463 

conduit, hydrant, machinery, or other works or property 
held, owned or used by said corporation, under the authori- 
ty of and for the purposes of this act, he shall forfeit and 
pay to said corporation three times the amount of dam- 
ages 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 ex- 
ceeding one year. 

Section 7. The city of Gloucester shall have the right, city may pur. 
at any time during the continuance of the charter hereby rl^glut an'd"'^''*'' 
granted, to purchase the corporate property and all the p»"peity- 
rights and privileges of said company, at a price which 
may be mutually agreed upon between said corporation 
and the said city of Gloucester ; and the said corporation 
is authorized to make sale of the same to said city. In case 
said corporation and said city are unable to agree, then the 
compensation to be paid shall be determined by three com- 
missioners, 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 bind- 
ing upon both parties. And this authority 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 meetings called 
for that purpose in the several wards of said city. 

Section 8. For the purposes of defraying the cost of city may issue 
such propert}^ lands, water and water rights as shall be property^'dtc^"^ 
purchased for the purposes aforesaid, the city of Glouces- 
ter through its treasurer may from time to time issue notes, 
bonds, scrip or certificates of debt, to be denominated on 
the face thereof Gloucester Water Loan, to any amount 
not exceeding the amount paid by the city for said pur- 
chase, and bearing interest at a rate not exceeding six per 
centum per annum payable semi-annually, and the princi- 
pal being payable at periods of not more than thirty years 
from the issue of said notes, bonds, scrip or certificates of 
debt, respectively. Said treasurer, under the authority 
of the city council, may sell such notes, bonds, scrip saie of bonds or 
or certificates of debt, or any part thereof, from time ^''"^' 
to time, or pledge the same for any money borrowed 
for the purposes aforesaid, on such terms and condi- 
tions as may be prescribed by the city council, or, in 
case the city council prescribe no terms and conditions, 
on such terms and conditions as he may deem proper ; 
and said city shall annually raise by taxation an amount 



464 



1881. — Chapter 167. 



Sinking fund. 



Powers and lia- 
bilities of city 
in case property 
is purchased. 



"Work to be 
commenced 
within three 
years. 



Security for 
payment of 
damages to be 
furnished, if 
required. 



sufficient together with the net income received from 
rents for the use of said water, to pay the interest on 
said loans as it accrues ; and shall establish at the time 
of contracting said debt a sinking fund, and contribute 
thereto from year to year an amount raised by taxation, 
not exceeding ten thousand dollars in any one year, suffi- 
cient with its accumulations to extinguish the debt at ma- 
turity ; and said sinking fund shall remain inviolate and 
pledged to the payment of said debt and shall be used for 
no other purpose. 

Section 9. In case the city of Gloucester shall pur- 
chase the property, rights, privileges and franchises of the 
corporation established by this act, the said city shall ex- 
ercise all the rights, powers and authority and be subject 
to all the restrictions, duties and liabilities herein con- 
tained, in such manner and by such officers, servants or 
agents as said city may direct, and the said city shall be 
liable to damages for land, water or water rights taken 
for the purposes set forth in this act which shall not have 
been previously paid by said corporation. 

Section 10. This act shall be null and void unless 
within three years from its passage said corporation shall 
avail itself of its provisions, and commence a prosecution 
of the work herein authorized. 

Section 11. The owners of lands and water rights 
taken iinder this act, upon application by either party for 
an estimate of damages, may require said corporation to 
give security, satisfactory to the board of aldermen of said 
cit}^ for the payment of all damages and costs which may 
be awarded to them for the land or other property taken. 
And if, upon petition of the owner, with notice to the 
adverse party, the security appears to the aldermen of said 
city to have become insufficient, they shall require said 
corporation to give further security to their satisfaction ; 
and all the right or authority of the corporation to enter 
upon or use said land and other property, except for mak- 
ing surveys, shall be suspended until it gives the security 
required. 

Section 12. This act shall take effect upon its passage. 

Approved March 31, 186'1. 



1881. — Chapters 168, 169. 



465 



Fitohburg Rail- 
road may take 
land and change 
location in 
Belmont. 



May lease por- 
tion of road to 
Massachusetts 
Central Rail- 
road. 



An Act authorizing the pitchburg railroad company and Chap. 168 

THE MASSACHUSETTS CENTRAL RAILROAD COMPANY TO CHANGE 
THEIR LOCATION IN THE TOWN OP BELMONT. 

Be it enacted, etc., as follotvs : 

Section 1. The Fitohburg Railroad Company may, at 
any time within one year after the passage of this act, 
take for its own railroad, land between its location and 
the northerly side of Wellington Brook not exceeding 
five rods in width on the southerly side of the present 
location of the Fitchburg Railroad, between Common 
Street in Belmont and station number three hundred and 
sixty-nine of the Fitchburg Railroad, as located and filed 
in the office of the county commissioners of Middlesex 
county. 

Section 2. The said Fitchburg Railroad Company 
may at any time after the passage of this act make a lease 
to the Massachusetts Central Railroad Company of such 
portions of the road in Belmont, between said Common 
Street and said station number three hundred and sixty- 
nine, taken by said Fitchburg Railroad Company under 
any previous acts or held by it under any deed or other- 
wise, for such length of time and upon such terms as may 
be agreed upon by said companies: provided^ that nothing 
in this act contained shall prevent any person from recov- 
ering any damages to which, if this act had not been 
passed, he would by law be entitled for any taking, use 
or occupation of such of the land, now included in any 
portion of the location of the Fitchburg Railroad Com- 
pany as may be leased by it to the Massachusetts Central 
Railroad Company, under authority of this act. 

Section 3. In the exercise of the powers granted by 
this act, the said Fitchburg Railroad Company and the 
said Massachusetts Central Railroad Company shall have 
all the rights, privileges and remedies and be subject to 
all the duties, liabilities and restrictions provided by the 
genera] laws of the Commonwealth, so far as the same are 
respectively applicable to each corporation. 

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

Approved March 31, 1881. 



Proviso. 



Powers and 
duties. 



An Act to establish the city of malden. Chap. 169 

Be it enacted, etc., as follows : 

Section 1. The inhabitants of the town of Maiden city charter tor 
shall continue to be a body politic and corporate under the ^o^n of Maiden. 
name of the city of Maiden, and as such shall have, exer- 

5!> 



466 



1881. — Chapter 169-. 



Government 
vested in mayor 
and city council. 



Selectmen to 
divide town into 
six wards. 



New division of 
wards may be 
made in 1885, 
and every fifth 
year thereafter. 



Election of 
ward and city 
officers, and 
commencement 
of municipal 
year. 

Wardens, 
clerks, and in- 
spectors of 
elections to be 
chosen on first 
Tuesday of 
Deci'niber, 
annually. 



cise and enjoy all the rights, immunities, powers and privi- 
leges, and shall be subject to all the duties and* obligations 
now incumbent upon and pertaining to the said town as a 
municipal corporation. 

Section 2. The administration of all the fiscal, pru- 
dential and municipal affairs of the said city, with the 
government thereof, shall be vested in one officer to be 
called the mayor, one council of seven to be called the 
board of aldermen, and one council of eighteen to be 
called the common council, which boards, in their joint 
capacit}^, shall be denominated the city council ; and the 
members thereof shall be sworn to the faithful perform- 
ance of their respective duties. A majority of each board 
shall constitute a quorum for the transaction of business, 
and no member of either board shall receive any compen- 
sation for his services. 

Section 3. It shall be the duty of the selectmen of 
said town, as soon as may be after the passage of this act 
and its acceptance, as herein provided, to divide said town 
into six wards, so that they shall contain, as nearl}^ as 
may be consistent with well defined limits to each ward, 
an equal number of voters in each ward, which division 
may be revised by the city council within three years from 
the passage hereof. The city council may, in the year 
eighteen hundred and eighty-five, and in ever}' fifth year 
thereafter, make a new division of said wards, so that 
they shall contain, as nearly as may be consistent with 
well defined limits to each ward, an equal number of 
voters in each ward according to the census to be taken 
in the months of May or June in said years. 

Section 4. The election of city and ward officers 
shall take place on the first Tuesday of December annu- 
ally ; and the municipal year shall begin on the first Mon- 
day of January following. 

Section 5. On the first Tuesday of December, annu- 
ally, there shall be chosen by ballot, in each of said wards, 
a warden, clerk, and three inspectors of elections, who 
shall be different persons, residents in the ward, who shall 
hold their offices one year, and until others shall be chosen 
and qualified in their stead. Said wardens shall preside 
at all ward meetings, with the powers of moderators of 
town meetings ; and if at any meeting the warden is not 
present the clerk shall preside until a warden j^ro tempore 
is chosen by ballot; if both the warden and clerk are ab- 
sent, the senior in age of the inspectors present shall pre- 
side, until a warden pro tempore is so chosen ; and if all 



1881. — Chapter 169. 



467 



said officers are absent, any legal voter in said Avard may- 
preside until a warden pro tempore is so chosen. When 
any ward officer is absent, or neglects to perform his duty, 
his office shall be filled pro tempore. The clerk shall re- 
cord all the proceedings and certify the votes, and deliver 
to his successor in office all the records, journals, docu- 
ments and papers held by him in his said capacity. The 
inspectors shall assist the warden in receiving, assorting, 
and counting the votes. All said officers shall be sworn 
to the faithful discharge of their duties ; the warden by 
the clerk, and the clerk and the inspectors by the warden, 
or either of said officers by any justice of the peace, and 
certificates thereof shall be entered on the records of the 
ward by the clerk. All warrants for meetings of the citi- 
zens for municipal purposes, to be held either in wards or 
in general meetings, shall be issued by the mayor and 
aldermen, and shall be in such form and served and re- 
turned in such manner and at such times as the city coun- 
cil shall direct. The compensation of the ward officers 
shall be fixed by concurrent vote of the city council. 

Section 6. The mayor and aldermen are authorized, 
when no convenient ward room for holding ward meetings 
for the citizens of either wards of the city can be had 
within the territory or limits of such ward, to appoint and 
direct, in the warrants for calling the ward meetings of 
such wards, the said meetings to be held in some conven- 
ient and approximate place within the limits of any other 
of the wards of said city, and for such purposes the place 
so assigned for the meetings of such ward shall be deemed 
and taken to be included in and part of said ward as 
though the same was within the territorial limits thereof. 

Section 7. The mayor shall be chosen by the qualified 
voters of the city at large, voting in their respective wards, 
and shall hold his office for the municipal year next fol- 
lowing his election, and until another shall have been 
chosen and qualified in his place. 

Section 8. One alderman shall be chosen from and 
by the qualified voters of the city at large voting in their 
respective wards ; and one alderman and three common 
councilmen shall be chosen from and by the qualified vo- 
ters of each ward of the city, and shall be residents of the 
wards where chosen. The said aldermen and common 
councilmen shall hold their offices for one year from the 
first Monday of January following their election, and 
until a majority of the new boards shall be elected and 
qualified. 



Offices may be 
filled pro tem- 
pore. 



Warrants for 
meetings to be 
issued by mayor 
and aldermen. 



Ward meetings 
may be held 
without the 
limits of ward. 



Mayor to be 
chosen by voters 
at large, for one 
year. 



One alderman 
to be elected at 
large, and one 
by each ward ; 
three common 
councilmen 
from each ward. 



468 



1881. — Chapter 169. 



Annual munici- 
pal election, on 
the first Tues- 
day of Decem- 
ber. 



Certificates of 
election. 



Mayor. 



Aldermen. 



Organization of 
government. 



Section 9. On the first Tuesday of December annu- 
ally, the qualified voters in the several wards shall give in 
their votes by ballot for mayor, aldermen, common coun- 
cilmen and school committee, in accordance with the 
provisions of this act. All the votes so given shall be as- 
sorted, counted, declared and recorded in open ward 
meeting, by causing the names of the persons voted for, 
and the number of votes given for each, to be written in 
the ward record at length. The clerk of the ward, within 
twenty-four hours thereafter, shall deliver to the persons 
chosen members of the common council certificates of 
their election respectively, signed by the warden and the 
clerk and a majority of the inspectors of elections, and 
shall deliver to the city clerk a copy of the record of such 
elections, certified in like manner. The board of alder- 
men shall, within ten days thereafter, examine the copies 
of the records of the several wards, certified as aforesaid, 
and shall cause the person who shall have been chosen 
mayor to be notified in writing of his election ; but if it 
shall appear that no person has been chosen, or if the per- 
son chosen shall refuse to accept the office, the board shall 
issue warrants for a new election, and the same proceed- 
ings shall be had in all respects as are herein before pro- 
vided for the choice of mayor, and from time to time shall 
be repeated until a mayor shall be chosen and shall accept 
said office. In case of the decease, resignation or absence 
of the mayor, or of his inability to perform the duties of 
his office, or in case of a vacancy in the office of mayor 
from any cause, it shall be the duty of the board of alder- 
men and common council respectively, by vote, to declare 
that a vacancy exists, and the cause thereof ; and there- 
upon the city council shall, by concurrent vote, choose a 
mayor to fill such vacancy ; and the mayor thus chosen 
shall hold his office until the inability causing such va- 
cancy shall be removed, or until a new election. Each 
alderman shall be notified in writing of his election by the 
mayor and aldermen for the time being. The oath pre- 
scribed by this act shall be administered to the mayor by 
the city clerk, or by any justice of the peace. The alder- 
men and common councilmen elect shall, on the first Mon- 
day of January, at ten o'clock in the forenoon, meet in 
convention, when the oath required by this act shall be ad- 
ministered to the members of the two boards present, by 
the mayor, or by any justice of the peace ; and a certificate 
of such oath having been taken !?hall be entered upon the 
journals of the mayor and aldermen and of the common 



1881, 



Chapter 169. 



469 



council, by their respective clerks. After the oath has 
been administered as aforesaid, the two boards shall sepa- 
rate, and the common council shall be organized by the 
choice of a president and clerk, to hold their offices respec- 
tively during the pleasure of the common council, the 
clerk to be sworn to the faithful performance of the duties 
of his said office. In case of the absence of the mayor 
elect on the first Monday of January, or if the mayor shall 
not then have been chosen, the city council shall organize 
itself in the manner herein before provided, and may pro- 
ceed to business in the same manner as if the mayor were 
present; and the oath of office may at any time thereafter, 
in convention of the two boards, be administered to the 
mayor and any member of the city council who may 
have been absent at the organization. In the absence of 
the mayor, the board of aldermen may choose a presiding 
officer joro tempore^ who shall also preside at the joint meet- 
ings of the two boards. Each board shall keep a record of 
its own proceedings, and judge of the election of its own 
members; and in case of failure of election, or in case of 
vacancy declared by either board, the mayor and aldermen 
shall issue their warrant for a new election. 

Section 10. The mayor shall be the chief executive 
officer of the city. It shall be his duty to be active and 
vigilant in causing the laws and regulations of the city to 
be enforced, and to keep a general supervision over the 
conduct of all subordinate officers. And he may, when- 
ever in his opinion the public good requires, remove, with 
the consent of the appointing power, any officer over 
whose appointment he has, in accordance with the provis- 
ions of this charter, exercised the power of nomination. 
He may call special meetings of the boards of aldermen 
and common council, or either of them, when in his opin- 
ion the interests of the city require it, by causing notices 
to be left at the usual place of residence of each member 
of the board or boards to be convened. He shall from 
time to time communicate to both boards such informa- 
tion and recommend such measures as the business and 
interests of the city may in his opinion require. He shall, 
when present, preside in the board of aldermen, and in 
convention of the two boards. His salary for the first five 
years, under this charter, shall be fixed by the city council, 
but shall not exceed the sum of five hundred dollars per 
annum. Afterward it shall be fixed by concurrent vote 
of the city council. It shall be payable at stated periods, 
but shall not at any time be increased or diminished dur- 



Common coun- 
cil to choose 
president and 
clerli. 



Aldernaen may 
choose a presid- 
ing officer, in 
absence of the 
mayor. 



Mayor to be 
chief executive 
officer of the 
city. 



Salary. 



470 



1881. — Chapter 169. 



Ordinances, 
joint orders, 
etc., to be sub- 
mitted to mayor 
for approval. 



Veto power of 
mayor. 



Executive 
power vested in 
mayor and 
aldermen. 



Constables and 
police officers. 



ing the year for which he is chosen. He shall receive no 
other compensation. 

Section 11. Every ordinance, order, resolution or vote 
to which the concurrence of the board of aldermen and of 
the common council may be necessary, except on a ques- 
tion of a convention of the two branches or the election of 
an officer, and every order of either branch of the city 
council involving the expenditure of money, shall be pre- 
sented to the mayor. If he approves thereof, he shall 
signify his approval by signing the same ; but if he does 
not approve thereof, he shall return the ordinance, order, 
resolution or vote, with his objections in writing, to the 
branch of the city council in which it originated. Such 
branch shall enter the objections of the mayor, at large, on 
its records, and proceed to reconsider said ordinance, or- 
der, resolution or vote; and if, after such reconsideration, 
two-thirds of that branch, present and voting, notwith- 
standing such objections, agree to pass such ordinance, 
order, resolution or vote, it shall, together with the objec- 
tions of the mayor, be sent to the other branch of the city 
council, if it originally required concurrent action, where 
it shall also be reconsidered ; and if approved by two-thirds 
of the members present and voting, it shall be in force ; 
but in all cases the vote shall be determined b}'' yeas and 
nays ; and if such ordinance, order, resolution or vote is 
not returned by the mayor within ten days after it has 
been presented to him, the same shall be in force. 

Section 12. The executive power of said city gener- 
ally, with all the powers heretofore vested by special stat- 
ute in the selectmen of the town of Maiden, and in the 
selectmen of towns generally, by the laws of the Common- 
wealth, shall be vested in and may be exercised by the 
mayor and aldermen as fully as if the same were herein 
specially enumerated. The mayor and aldermen shall 
have full and exclusive power to appoint a constable or 
constables, a city marshal or a chief of police, with all 
the powers and duties of a constable, and all other police 
officers. Any of them the mayor may remove, and fill 
the vacancy or vacancies so made, by appointment ; but 
at the next meeting of the board of aldermen he shall 
nominate as provided in this act. And the mayor and 
aldermen may require an}^ person who may be appointed 
a constable, city marshal or chief of police of the city, to 
give bonds for the faithful discharge of the duties of the 
office, with such security and to such an amount as they 
may deem reasonable and proper ; upon which bonds the 



1881. 



Chapter 169. 



471 



like proceedings and remedies may be had as are by law 
provided in case of constables' bonds taken by the select- 
men of towns. The compensation of the police and other compensation 
subordinate officers shall be fixed by concurrent vote of " po'^e, etc. 
the city council. The city council shall have the care and 
superintendence of the city buildings and the custody and Custody and 
management of all city property, with power to let what "ty'property! 
may be legally let, ancl to sell, purchase or hire property, 
real or personal, in the name and for the use of the city, 
whenever its interests or convenience may in their judg- 
ment require it. And they shall as often as once a year 
cause to be published, for the use of the inhabitants, a 
particular account of the receipts and expenditures, and 
a schedule of city property and of the city debt. 

Section 13. In all cases in which appointments are Appointments 
directed to be made by the mayor and aldermen, the aid^me'll.'^" 
mayor shall have the exclusive power of nomination, be- 
ing subject, however, to confirmation or rejection by the 
board of aldermen ; and no person shall be eligible by 
appointment or election by the mayor and aldermen, or 
city council, to any office of emolument, the salary of 
which is payable out of the city treasury, who, at the time 
of such appointment or election, shall be a member of the 
board of aldermen or of the common council. All sittings 
of the mayor and aldermen, of the common council, and 
of the city council shall be public when they are not en- 
gaged in executive business. 

Section 14. The city council shall annuall}'-, as soon Annual election 
after their organization as may be convenient, choose, by city'^deikfetc. 
joint ballot in convention, a city clerk, a treasurer, and a 
collector of taxes, and by concurrent vote choose a city 
solicitor, a city auditor, and a city physician, who shall 
hold their offices respectively for the term of one year 
next ensuing, and until their successors shall be chosen 
and qualified : provided^ lioivever, that either of the officers Proviso, 
named in this section may be removed at any time by the 
city council for sufficient cause. Vacancies occurring in 
the above-named offices may be filled at any time by con- 
current vote of the city council. The compensation of 
the officers mentioned in this section shall be fixed by con- 
current vote of the city council. 

Section 15. The city clerk shall be sworn to the faith- 
ful discharge of the duties of his office. He shall have 
charge of all journals, records, papers and documents of 
the city, sign all warrants issued by the mayor and alder- 
men, and do such other acts in his said capacity as the 



City clerk to 
have charge of 
all journals, etc. 



472 



1881. — Chapter 169. 



City clerk to 
deliver records 
to successor in 
office. 



City clerk 
pro tempore. 

Fire depart- 
ment. 



City council 
may establish 
Hre limits. 



city council may lawfully and reasonably require of him ; 
and shall deliver all journals, records, papers and docu- 
ments, and other things entrusted to him as cit}' clerk, to 
his successor in office. He shall also perform all the du- 
ties, and exercise all the powers by law incumbent upon 
or vested in clerks of towns of this Commonwealth. He 
shall be clerk of the board of aldermen ; shall attend said 
board when the same is in session, and keep a journal of 
its acts, votes and proceedings ; also of the city council 
when in convention. He shall engross all the ordinances 
passed by the city council in a book provided for that pur- 
pose, and shall add proper indexes, which book shall be 
deemed a public record of such ordinances ; and he shall 
perform such other duties as shall be prescribed by the 
board of aldermen. In case of the temporary absence of 
the city clerk, the mayor, by and with the advice and con- 
sent of the board of aldermen, ma}'^ appoint a clerk -pro 
tempore^ who shall be duly qualified. 

Section 16. The city council may establish a fire 
department for said city, to consist of a chief engineer, 
and of as many assistant engineers, enginemen, hosemen, 
hook-and-ladder men and assistants, as the city council, 
by ordinance, shall from time to time prescribe ; and said 
council shall have authority to fix the time of their ap- 
pointment and the term of their service, to define their 
office and duties, and in general to make such regulation 
concerning the pay, conduct and government of sucli de- 
partment, the management of fires, and the conduct of 
persons attending fires, as they ma}- deem expedient, and 
may affix such penalties for any violation of such regula- 
tions, or of any of them, as are provided for the breach of 
the ordinances of said city. Tlie appointment of all the 
officers and members of such department shall be vested 
in the mayor and aldermen exclusively, who shall also 
have authority to remove from office any officer or mem- 
ber, for cause, in their discretion. The engineers so ap- 
pointed shall be the firewards of the city, but the mayor 
and aldermen may appoint additional firewards. The 
compensation of the department shall be fixed by concur- 
rent vote of the city council. 

Section 17. The city council shall have power to 
establish fire limits within the cit3% and from time to time 
change or enlarge the same; and by ordinance they may 
regulate the construction of all buildings erected within 
said fire limits, stipulating their location, sizes, and the 
material of which they shall be constructed, together with 



1881. — Chapter 169. 



473 



Overseers of the 
poor. 



such other rules and regulations as shall tend to insure 

the same from damage by fire. They shall also have the 

sole care, superintendence and management of the public To have care of 

grounds belonging to said city, and of all the shade and p"^»« g'-«»"ds. 

ornamental trees standing and growing thereon, and also 

of all the shade and ornamental trees standing and groW' 

ing in or upon any of the public streets and highways of 

said city. 

Section 18. The city council first chosen after the 
acceptance of this act shall, as soon after their organiza- 
tion as may be convenient, choose, by concurrent vote, 
three persons to be overseers of the poor, one for three 
years, one for two years, and one for one year; and there- 
after the city council shall annually, as soon after their 
organization as may be convenient, choose in the same 
manner one person who shall hold his office for the term 
of three years next ensuing, and until another shall be 
chosen and qualified in his stead ; but no more than one 
of the three members so to be chosen shall be eligible 
from any one ward of said city. The persons so chosen 
shall, with the mayor, constitute the board of overseers of 
the poor, and the mayor shall be ex officio chairman of the 
board. Vacancies occurring in the board may be filled by 
concurrent vote of the city council at any time ; the mem- 
bers so chosen to hold office for the unexpired term of the 
member who has ceased to hold office. The city council 
may at any time remove any elected members of the said 
board from office for cause. The compensation of the 
overseers of the poor shall be fixed by concurrent vote of 
the city council. The board shall be organized annually 
on the third Monday in January or as soon thereafter as 
may be convenient. 

Section 19. The city council first chosen after the ac- 
ceptance of this act shall, as soon after their organization 
as may be convenient, choose, by concurrent vote, three 
persons to be assessors of taxes, one for three years, one 
for two 3^ears. and one for one year ; and thereafter the 
city council shall annually, as soon after their organization 
as may be convenient, choose, in the same manner, one 
person, who shall hold his office for the term of three years 
next ensuing, and until another is chosen and qualified in 
his stead. The person so chosen shall constitute the board 
of assessors, and shall exercise the powers and be subject 
to the liabilities and duties of assessors in towns in this 
Commonwealth. Vacancies occurring in the board 



Assessors of 
taxes. 



be filled 



by concurrent 
V)0 



may 



vote of the city council at any 



474 



1881. — Chapter 169. 



Water 
commissioners. 



Street 
commissioners. 



time, the member so chosen to hold office only for the un- 
expired term of the member who ceased to hold office. 
All taxes shall be assessed, apportioned and collected in 
the manner prescribed by the general laws of the Com- 
monwealth : provided, hoivever, that the city council may 
establish further or additional provisions for the collection 
thereof. The compensation of the assessors shall be fixed 
by concurrent vote of the city council. 

Section 20. The city council first chosen after the ac- 
ceptance of this act shall, as soon as may be convenient 
after their organization, choose, by concurrent vote, three 
persons to be water commissioners, one for three years, 
one for two years, and one for one year ; and thereafter 
the city council shall annually, as soon after their organi- 
zation as may be convenient, choose, in the same manner, one 
person, who shall hold his office for the term of three years 
next ensuing, and until another shall be chosen and quali- 
fied in his stead. Vacancies occurring in the commission 
may be filled by concurrent vote of the city council at 
any time. The city council may, at any time, remove 
any member of said commission from office for cause. 
The compensation of the water commissioners shall be 
fixed by concurrent vote of the city council. All power 
and authority now vested by law in the water commis- 
sioners for the town of Maiden shall be transferred to 
and vested in the water commissioners for the city of Mai- 
den. 

Section 21. The city council first chosen after the ac- 
ceptance of this act, shall, as soon as may be convenient 
after their organization, choose, by concurrent vote, three 
persons to be street commissioners, one for three years, 
one for two years, and one for one year ; and thereafter 
the city council shall annually, as soon after their organi- 
zation as may be convenient, choose, in the same manner, 
one person, who shall hold his office for the term of three 
years next ensuing, and until another shall be chosen and 
qualified in his stead. The persons so chosen shall consti- 
tute the board of street commissioners. Vacancies occur- 
ring in the board may be filled by the concurrent vote of 
the city council at any time. The city council may at any 
time remove an}"^ meml)er of said board from office for 
cause. The compensation of the street commissioners shall 
be fixed by concurrent vote of the city council. Any of 
the powers vested in the city council, or in the mayor and 
aldermen, in respect to the laying out, accepting, altering, 
discontinuing or repairing any street or town way, may be 



1881. — Chapter 169. 475 

delegated to or conferred upon the board of street com- 
missioners ; and the city council may direct under what 
limitations and restrictions the said powers shall be exer- 
cised, may modify them from time to time, and may revoke 
them or any of them. 

Section 22. The city council first chosen after the ac- sinking fund 
ceptance of this act shall, as soon as may be convenient '=o«»«»i88ioierB, 
after their organization, choose, by concurrent vote, six 
persons to be sinking fund commissioners, two for three 
years, two for two years, and two for one year ; and there- 
after the city council shall annually, as soon after their 
organization as may be convenient, choose, in the same 
manner, two persons, who shall hold their office for the 
term of three years next ensuing, and until others shall be 
chosen and qualified in their stead. Vacancies occurring 
in the commission may be filled by the concurrent vote of 
the city council at any time. The city council may, at 
any time, remove any member of said commission from 
office for cause. 

Section 23. The city council shall, in such manner as Appointment of 
they shall determine, choose, or appoint all other subordi- Imce^a!'''^'' 
nate officers, for whose election or appointment other pro- 
vision is not herein made, define their duties, and fix their 
compensation. 

Section 24. The qualified voters of the city shall, schooi 
on the first Tuesday of December next after the accept- °'^™"'"''«- 
ance of this act, choose by ballot nine persons to be mem- 
bers of the school committee, three to be chosen for three 
years, three for two 3^ears, and three for one year, from 
the first Monday of January next ensuing; and thereafter 
three persons shall be chosen at each annual meeting, for 
the term of three years from the first Monday of January 
next ensuing ; and the persons so chosen shall, with the 
mayor, constitute the school committee, and have the care 
and superintendence of the public schools. The school To serve with- 
committee shall serve without compensation. The mayor °}^\^'^'^'^p^'^^^' 
shall be ex officio chairman of the board. The committee 
may choose from their own number a chairman, who shall 
preside in the absence of the mayor. The said committee 
shall appoint from their own number, or otherwise, a sec- secretary of 
retary, to be under the direction and control of said com- '=°'°'^*"^*'- 
mittee, and may appoint, but not from their own number, 
a saperintendent of the schools, and the compensation of Superintendent 
such secretary and superintendent shall be determined "^ ^'='^'"^'^- 
from year to year by the school committee, both of whom 
they may remove at their pleasure. Vacancies occurring 



476 



1881. — Chapter 169. 



Appropriations 
for support of 
schools. 



OflScers to dis- 
charge their 
duties after 
removal to 
another ward. 



Payments from 
the treasury. 



City council to 
lay out streets 
and estimate 
damages. 



May make 
ordinances 
aud by-laws. 



in the board may be filled by the joint ballot of the city 
council and school committee at any time, in convention, 
the member so chosen to hold office only for the remain- 
der of the municipal year. All the rights and obligations 
of said town of Maiden, in relation to the grant and appro- 
priations of money for the support of schools, and the spe- 
cial powers and authority heretofore conferred by law 
upon the inhabitants of said town to raise money for the 
support of schools therein, shall be merged in the powers 
and obligations of the city, to be exercised in the same 
manner as over other subjects of taxation; and all grants 
and appropriations of money for the support of schools, 
and the erection and repair of school houses in said city, 
shall be made by the city council in the same manner as 
grants and appropriations are made for other city purposes. 

Section 25. All city and ward officers shall be held 
to discharge the duties of the offices to which they have 
been respectively chosen, notwithstanding their removal 
after their election out of their respective ward into any 
other wards of the city ; but a removal of residence out 
of the city shall cause a vacancy to exist in the offices to 
which they were chosen. 

Section 26. The city council shall take care that no 
money be paid from the treasury unless granted or appro- 
priated, and shall secure a just and proper accountability 
by requiring bonds, with sufficient penalties, and sureties 
from all persons trusted with the receipt, custody or dis- 
bursement of money. 

Section 27. The city council shall have exclusive 
authority and power to lay out any new street or town 
way, and to estimate the damages any individual may sus- 
tain thereby ; but all questions relating to the subject of 
laying out, accepting, altering or discontinuing any street 
or way shall first be acted upon by the mayor and alder- 
men, and any person dissatisfied with the decision of the 
city council in the estimate of damages may make com- 
plaint to the superior court or the county commissioners 
of the county of Middlesex, in term time or vacation, 
within one year after such decision, whereupon the same 
proceedings shall be had as are now provided by the laws 
of this Commonwealth in cases where persons are ag- 
grieved by the assessment of damages by selectmen, in 
the forty-third chapter of the General Statutes. 

Section 28. The city council shall have power within 
said city to make and establish such ordinances and by- 
laws, not inconsistent with the laws of the Commonwealth, 



1881. — Chapter 169. 



4:11 



as cities and towns have power by law to make and estab- 
lish, such ordinances and by-laws to have force and effect 
within such city ; and to modify, amend or repeal the 
same ; and to annex penalties not exceeding twenty dol- 
lars for the breach thereof: provided^ however^ that all laws 
and regulations in force in the town of Maiden shall, until 
they shall expire by their own limitation, or be revised or 
repealed by the city council, remain in force ; and all fines 
and forfeitures for the breach of any by-law or ordinance 
shall be paid into the city treasury, and any complaint for 
any violation thereof may be made by the ma3^or, city 
clerk, city treasurer, city marshal or chief of police. 

Section 29. All elections of national, state, county 
and district officers, who are voted for by the people, shall 
be held at meetings of the citizens qualified to vote at 
such elections in their respective wards, at the time fixed 
by law for these elections respectively. 

SECTiOJsr 30. Prior to every election, the mayor and 
aldermen shall make out lists of all the citizens of each 
ward qualified to vote in such elections, in the manner in 
which selectmen of towns are required to make out lists 
of voters ; and for that purpose they shall have full access 
to the assessors' books and lists, and are empowered to 
call for the assistance of the assessors, and other city offi- 
cers ; and they shall deliver the lists so prepar^^d and cor- 
rected to the clerks of the several wards, to oe used at 
such elections ; and no person shall be entitled to vote 
whose name is not borne on such list. A list of the voters 
of each ward shall be posted in one or more public places 
in said ward. 

Section 31. General meetings of the citizens quali- 
fied to vote may from time to time be held to consult upon 
the public good, to instruct their representatives, and to 
take all lawful means to obtain redress for any grievances, 
according to the right secured to the people by the con- 
stitution of this Commonwealth, and such meetings may 
and shall be duly warned by the mayor and aldermen, 
upon the request in writing, setting forth the purposes 
thereof, of fifty qualified voters. 

Section 32. All power and authority now vested by 
law in the board of health for the town of Maiden, or in 
the selectmen thereof, shall be transferred to and vested 
in the mayor and aldermen, until the city council, who 
shall have authority to establish a board of health, shall 
otherwise provide. 

Section 33. All acts, and parts of acts, inconsistent 



Proviso. 



Election of 
national, state, 
county and dis- 
trict officers. 



Lists of voters 
to be made out, 
and delivered to 
ward clerks, by 
the mayor and 
aldermen. 



To be posted in 
each ward. 



General meet- 
ings of citizens. 



Board of health. 



Repeal. 



478 



1881. — Chapter 169. 



Proviso. 



First meeting 
for election of 
city officers. 



List of voters in 
each ward to be 
delivered to 
ward clerk. 



with this act, are hereby repealed : provided^ however, that 
the repeal of the said acts shall not affect any act done, 
nor any right accruing or accrued or established, nor any 
suit or proceeding had or commenced in any civil case 
before the time when such repeal shall take effect; and 
that no offence committed, and no penalty or forfeiture 
incurred under any act hereby repealed, and before 
the time when such repeal shall take effect, shall be 
affected by the repeal ; and that no suit or prosecution 
pending at the time of the said repeal, for any offence 
committed or for the recovery of any penalty or forfeiture 
incurred under said acts, shall be affected by such repeal ; 
and provided^ also, that all persons who, at the time of the 
said repeal taking effect, shall hold any office under the 
said acts, shall continue to hold the same until the organi- 
zation of the city government, contemplated by this 
charter, shall be completely effected. 

Section 34. For the purpose of organizing the system 
of government hereby established, and putting the same 
in operation in the first instance, the selectmen of the 
town of Maiden, for the time being, shall issue their war- 
rants seven days at least previous to the first Tuesday of 
December next after the acceptance of this act, calling 
meetings of the citizens of each ward on that day, at such 
place and hour as they may deem expedient, for the pur- 
pose of choosing a warden, clerk and inspectors for each 
ward, and all other officers whose election is provided for 
in the preceding sections of this act ; and the transcripts of 
the records in each ward specifying the votes given for the 
several officers aforesaid, certified by the warden and clerk 
of the ward at said first meeting, shall be returned to the 
selectmen, whose duty it shall be to examine and compare 
the same ; and in case such elections should not be com- 
pleted at the first meeting, then to issue new warrants 
until such elections shall be completed, and to give notice 
thereof, in manner before provided, to the several persons 
elected. And at said first meeting a list of voters in each 
ward, prepared and corrected by the selectmen for the 
time being, shall be delivered to the clerk of each ward, 
when chosen, to be used as herein before provided. After 
the choice of the city officers as aforesaid, or a majority 
of both boards, the selectmen shall appoint a place for 
their first meeting, and shall, by written notice left at the 
place of residence of each member, notify them thereof. 
And after this first election of citj'^ officers, and this first 
meeting for the organization of the city council, as pro- 



1881. — Chapter 170. 



479 



vided for in this section, the day of holding the annual 
elections, and the day and hour for the meeting of the 
city council for the purpose of organization, shall remain 
as provided for in this act. It shall be the duty of the 
city council, immediately after the first organization, to 
carry into effect the several provisions of this act. 

Section 35. This act shall be void, unless the inhab- 
itants of the town of Maiden, at a legal town meeting 
called for that purpose, to be held within two years from 
the passage of this act, shall, by a vote of a majority of 
the voters present, voting thereon as hereinafter provided, 
determine to adopt the same. At said meeting the votes 
shall be taken by written or printed ballots, and the polls 
shall be kept open not less than nine hours. The select- 
men shall preside in said meeting, and in receiving said 
ballots shall use the check lists in the same manner as 
they are used in elections of state officers, and no meeting 
for this purpose shall be held during tho months of No- 
vember or December. 

Section 36. This act shall take effect upon its passage. 

Approved March 31, 1881. 



Act void unless 
accepted by a 
majority vote 
within two 
years. 



If franchise and 
property is 
purchased by 
the Boston, 
Clinton, Fitch- 
burg and New 
Bedford Rail- 
road Company, 
new corporation 
to be formed. 



An Act to authorize the purchasers of the franchises Chap, 170 

AND property OF THE FRAMINGHAM AND LOWELL RAILROAD 
COMPANY TO ORGANIZE A NEW CORPORATION. 

Be it enacted, etc., as follows: 

Section 1. The Boston, Clinton, Fitchburg and New 
Bedford Railroad Company, being an attaching creditor of 
the franchises and property of the Framingham and Low- 
ell Railroad Company, whenever it shall cause the same to 
be sold on execution, may bid therefor, and if it shall be 
the highest bidder, may purchase the same, and hold said 
franchises and property absolutely, and thereupon, with 
its associates and successors, and conformably to the pro- 
visions hereinafter contained, shall form a corporation 
under the name of the Lowell and Framingham Railroad 
Compan5\ Said corporation shall hold and enjoy all the 
franchises and property sold on execution as aforesaid as 
its absolute property forever, with all the rights, powers 
and privileges theretofore belonging to said Framingham 
and Lowell Railroad Company, subject only to an existing 
lease to the said Boston, Clinton, Fitchburg and New Bed- 
ford Railroad Company, and to a first mortgage made to 
secure bonds to the amount of five hundred thousand dol- 
lars, dated April first in the year of our Lord one thou- 
sand eight hundred and seventy-one, and recorded with 



480 



1881. — Chapter 170. 



Mortgage of 
property. 



New corpora- 
tion may issue 
shares of pre- 
ferred stock. 



Preferred stock 
to be issued at 
par to creditors 
not secured by 
mortgage. 



Proviso. 



Middlesex county deeds, and subject to the proviso that 
tlie said corporation shall forthwith, after its organization, 
execute to the trustees under said mortgage of the Fra- 
mingham and Lowell Railroad Company, a valid mortgage 
of all its property, in such form as shall be approved by 
the railroad commissioners to secure the pa3'ment of said 
mortgage bonds, with interest at the rate of five per cent, 
per annum, and the said bonds shall constitute a first lien 
upon the property of said Lowell and Framingham Rail- 
road. Said corporation shall be subject to all general laws 
relating to railroad corporations not inconsistent with the 
provisions of this act. 

Section 2. The corporation formed under the provis- 
ions of this act is hereby authorized to issue not exceed- 
ing five thousand shares of preferred stock of the par 
value of one hundred dollars per share, and not exceeding 
five thousand two hundred and fifty shares of common 
stock, of the par value of one hundred dollars per share. 
The preferred stock issued under this act shall be entitled 
to receive dividends out of net earnings, and after deduct- 
ing interest, in preference and priority to the common 
stock, such dividends in no case to exceed two and one- 
half per cent, on said stock for the six months preceding 
the time of declaring the same. 

Section 3. The preferred stock authorized hj the pre- 
ceding section shall be issued at par to all creditors not 
secured by mortgage of the Framingham and Lowell Rail- 
road Company, who shall elect in writing to receive the 
same at the meeting called for the organization of the new 
corporation, or within three months after the organization 
of the new corporation, including all attaching creditors 
and holders of its eight per cent, coupon notes, to the 
amount of their respective claims, and including past due 
coupons or interest warrants on said eight per cent, cou- 
pon notes without interest; and in full payment of said 
claims : provided^ however^ that the amount of said attach- 
ing creditor's debt shall, so far as its interest in the new 
corporation is concerned, be fixed at forty thousand dol- 
lars, being and for the amount of eight per cent, coupon 
notes of said Framingham and Lowell Railroad Company, 
with the amount of interest warrants due thereon added to 
said forty thousand dollars now held by said attaching 
creditor, and for no other indebtedness, and that the pre- 
ferred stock to that amount issued to it, under this act, 
shall be in full payment of its entire claim, or claims, of 
any kind or description against said Framingham and 



1881. — Chapter 170. 



481 



Lowell Railroad Company. The common stock author- 
ized by the preceding section shall be issued share for share 
to the holders of the common stock of the Framingham 
and Lowell Railroad Company ; provided^ hoioever^ that 
any owner of the common stock of the Framingham and 
Lowell Railroad Company may, if he so elects in writing, 
at the meeting called for the organization of the new cor- 
poration, or within three months after the organization of 
the new corporation, have issued to him, in lieu of the 
shares of common stock in the new corporation, one share 
of preferred stock of the new corporation for every five 
shares of the common stock of the Framingham and Low- 
ell Railroad Company of which he may be the holder. 

Section 4. Within two months after the sale as afore- 
said, a meeting of the creditors, not secured by mortgage, 
and stockholders of said Framingham and Lowell Railroad 
Company shall be held at some convenient place on the 
line of said railroad, after notice signed by the president 
of the Boston, Clinton, Fitchburg and New Bedford Rail- 
road Company and the president of the Framingham and 
Lowell Railroad Company, or by the purchaser at said 
sale other than said attaching creditor, if said purchaser 
shall elect to organize a corporation under this act, and 
published three times prior to the day of said meeting 
in at least one newspaper published in the cities of Boston, 
Lowell and Fitchburg, the first publication to be at least 
ten days prior to the day of said meeting, which notice 
shall set forth that said meeting is for the purpose of or- 
ganizing the corporation under the provisions of this act. 

Section 5. The creditors not secured by mortgage, 
and stockholders who, at the meeting provided for in the 
preceding section, shall signify in writing their election so 
to do, shall be entitled to receive as aforesaid, in exchange 
for their stock, and in payment of their debt, stock at par 
in the corporation formed under the provisions of this act, 
and they shall, at said meeting, organize the corporation 
by the choice of a clerk and a board of directors, according 
to law, and they may transact any business that may be 
required to complete such organization or to carry into 
effect the purposes and provisions of this act. All unse- 
cured creditors, not electing to take preferred stock in the 
new corporation, shall be paid their ratable proportion of 
the proceeds of said sale, to be ascertained by deducting 
therefrom the amount of said attaching creditor's entire 
debt. If any person other than the said attaching creditor 
shall purchase at said sale, he may organize a corporation 

61 



Issue of com- 
mon stock. 



Proviso. 



Organization of 
corporation if 
purchaser is 
otlier than the 
attaching 
creditor. 



Creditors not 
secured by 
mortgage and 
stocliholders 
may receive 
stock in new 
corporation. 



Creditors unse- 
cured, not elect- 
ing to take 
stock, to be paid 
ratable propor- 
tion of proceeds 
of sale. 



482 



1881. — Chapter 171. 



When and how 
act shall take 
effect. 



under this act as above provided, and in such case the said 
attaching creditor shall have the option of receiving pre- 
ferred stock for the full amount of its judgment debt and 
costs, or of receiving, in lieu thereof, a dividend in cash 
from the proceeds of sale upon its said judgment debt and 
costs, pro rata with all creditors, but in no case shall the 
Boston, Clinton, Fitchburg and New Bedford Railroad 
Company be required to waive its right to take the pro- 
ceeds of said sale to the full amount of its judgment debt 
and costs, unless all bona fide subsequent attaching credit- 
ors waive all their rights under their attachments, and 
agree to share the proceeds of said sale ratably with all 
other unsecured creditors and said Boston, Clinton, Fitch- 
burg and New Bedford Railroad Company. 

Section 6. This act shall take effect upon its passage, 
so far as to authorize a special meeting of the Framingham 
and Lowell Railroad Company to be called for the pur- 
pose of acting upon its acceptance ; but it shall not take 
effect otherwise until accepted by said company at such 
meeting or at any adjournment thereof, and it shall not 
be binding upon the Boston, Clinton, Fitchburg and New 
Bedford Railroad Company unless, before the sale upon 
execution referred to in the first section, it is accepted by 
vote of the directors of said corporation, nor shall it affect 
the rights or liens of any party which are superior to the 
said attachment of said corporation. 

Approved March 31, 1881. 



Chap. 171 



May take and 
hold land by 
purchase or 
otherwise. 



May erect and 
maintain works 
and buildings. 



May lay plues 
over or under 
any water 
course, high- 



An Act to enable the town of peabodt to improve its 

water works and increase its water supply. 
Be it enacted, etc., as follows: 

Section 1. The town of Peabody, for the purpose of 
increasing the capacity and efficiency of its water works, 
is hereby authorized to take and hold, by purchase or oth- 
erwise, such lands in said town as may be necessary and 
convenient for erecting and maintaining an engine house 
and pumping station, and a stand-pipe or high-service res- 
ervoir, and any structures required in connection with 
said works ; and on said lands may erect and maintain 
said works, buildings and structures, and any other appli- 
ances necessary and proper for said purpose, and may con- 
nect said works and structures with each other and with 
the aqueducts of said town, whetlier now or hereafter laid. 

Section 2. In tlie prosecution of said work, and for 
the purpose aforesaid, and fV)r the purjiose of connecting 
the water works now owned by said town or authorized by 



1881. — Chapter 171. 483 

this act with the new sources of water supply hereinafter way, or other 
mentioned, said town may lay and maintain pipes or other ^*^' 
works over or under any water course, street, railroad, 
highway or other way, or any land whatever, and in gen- 
eral may do any other acts and things necessary and prop- 
er for the carrying out of said purposes ; and if for said 
purposes said town enters upon or digs up any land, street May dig up 
or way, it shall restore the same to as good order and con- i^""^'*^*"- 
dition as it was in before such digging commenced, and 
the work shall be done in such manner and with such care 
as not to render such land, street or way unsafe or unne- 
cessarily inconvenient to those entitled to use the same. 

Section 3. Said town is also authorized for the pur- May take the 
poses aforesaid, and to increase its supply of water, to take, rnd^Humphi^ey^s 
hold and convey into the reservoirs, aqueducts or other Ponds, 
works now owned by said town, or authorized by this act, 
the waters of Cedar Pond in said town, and the waters of 
Humphrey's Pond situated partly in said Peabody and 
partly in Lynnfield, and the waters which flow into and 
from said ponds, and any water rights connected there- 
with, and may also take and hold, by purchase or other- 
wise, such lands around the margins of said ponds, not May take land 
exceeding five rods in width, as may be necessary for the of°po,fds noT"* 
preservation and purity of said waters, and may also take exceeding tiye 

1V1T-T1 U1J I, rods in width. 

and nolcL m like manner such lands as may be necessary 
for maintaining dams and reservoirs for the storage of said 
waters, and such lands as may be necessary for erecting 
and maintaining any works proper for the taking and 
distribution of said waters. 

Section 4. The water board of said town of Peabody works to be 
shall execute, superintend and direct the performance of all "f the wl^er'"" 
the works, matters and things mentioned in this act, unless ot°herwTe*voted 
it is otherwise provided herein, or unless other officers or by the town, 
agents shall be by vote of the town expressly chosen for 
said purpose. 

Section 5. Said town of Peabody, within sixty days to me in regis- 
after the taking of any land as aforesaid, shall file in the dTscWp'tion^o/' 
registry of deeds for the southern district of the count}^ of the land taken. 
Essex a description thereof sufficiently accurate for iden- 
tification, and the title of all land so taken shall vest in 
said town. 

Section 6. Said town of Peabody shall be liable to pay Liability of 
all damages sustained by any persons or corporations by damages 
the taking of any land, water, water rights, franchises or 
property, or by the constructing of any aqueducts, reser- 
voirs or other works for the purposes aforesaid. If any 



484 



1881. — Chapter 171. 



Damages. 



Notes or bonds 
may be issued 
not exceeding 
$100,000. 



May raise 
money by taxa- 
tion to pay for 
water or land 
taken under 
section tbree. 



Act void unless 
accepted by a 
majority vole 
witliin two 
years. 



person or corporation, sustaining damages as aforesaid, 
cannot agree with the town upon the amount of such 
damages, he may have them assessed and paid in the same 
manner as is provided by law with respect to land taken 
for highways ; but no application shall be made for the 
assessment as aforesaid of damages for the taking of any 
water rights or for any injury thereto until the water is 
actually withdrawn or diverted by the town ; and any per- 
son or corporation whose water rights are thus taken or 
affected may apply as aforesaid at any time within three 
years from the time when the water is first actually with- 
drawn or diverted. 

Section 7. For the purpose of defraying the cost and 
expenses which may be incurred in any work or taking of 
property under the provisions of sections one and two 
of this act, said town of Peabody, through its treasurer, 
shall have authority to issue from time to time promissory 
notes or bonds to an amount not exceeding one hundred 
thousand dollars, bearing interest at a rate not exceeding 
six per centum per annum, the principal payable at peri- 
ods not more than thirty years from the issuing of said 
notes or bonds. Said town may sell the same or any part 
tliereof, from time to time, or pledge the same for money 
borrowed for the purpose aforesaid on such terms and con- 
ditions as it may deem proper. Said town is further au- 
thorized to make appropriations and assess from time to 
time such amounts as may be necessary to pay the inter- 
est on said loans and the principal at the maturity of said 
notes or bonds. 

Section 8. In case said town of Peabody shall take 
any waters, water rights or land, or construct aqueducts 
or other works in connection with said new sources of 
supply, under the provisions of section three of this act, 
said town is authorized, for the purpose of defraying the 
cost and expenses occasioned thereby, to raise sufficient 
money therefor by taxation, or by borrowing in manner 
provided in section seven of this act ; and also to appro- 
priate and assess such amounts as may be necessary to pay 
the interest on any sum so borrowed, and the principal 
when due. 

Section 9. This act shall take effect upon its passage, 
and shall become void unless accepted within two years 
by a majority vote of the legal voters of the town of Pea- 
body, present and voting at a legal meeting called for that 
])urpose ; and no more tlian three meetings shall be called 
for said purpose in any one year. 

Approved April 6", 7^'^'7. 



1881. — Chapter 172. 



485 



Chap. 172 



An Act to incorporate the town of wellesley. 

Be it enacted., etc., as follows: 

Section 1. All that territory lying within the limits ^°J,^JjJ 
of the town. of Needham northerly and westerly of a line incorporated. 
beginning at a point in the boundary line between the 
towns of Needham and Dover seventj^-five feet northerly 
from the central line of Charles River Street where it 
crosses Charles River; thence running north-easterly 
about four miles and seventy-six one-hundredths of a 
mile to a point in the centre of the reservoir, so called, 
near the village of Newton Upper Falls, two hundred 
feet easterly from a point in the centre line of Reser- 
voir Street midway between the abutments of the bridge 
by which said Reservoir Street crosses said reservoir ; 
thence running easterly by the centre line of said reser- 
voir about fourteen hundred feet to a point in the bound- 
ary line between the town of Needham and the city 
of Newton near the centre of Charles River, is hereby 
incorporated into a town by the name of Wellesley ; and 
the said town is hereby invested with all the powers, privi- 
leges, rights and immunities and is subject to all the duties 
and requisitions to which other towns are entitled and sub- 
ject by the constitution and laws of this Commonwealth. 

Section 2. The inhabitants of said town of Wellesley payment of 
shall pay all taxes which have been legally assessed upon ^^^^^^''^ ''"^'=*- 
them by the town of Needham ; and all such taxes not 
now collected shall be collected by and paid to the proper 
officers of the town of Needham in the same manner as if 
this act had not passed, and, until the next state valuation, 
the proportion of the state and county taxes to be assessed 
upon the towns of Needham and Wellesley shall be ascer- 
tained and determined by the last valuation of the town 
of Needham ; and the assessors of the town of Needham 
shall make return of said valuation, and of the proportions 
thereof in the towns of Needham and Wellesley respec- 
tively, to the secretary of the Commonwealth, and to the 
commissioners of the county of Norfolk. 

Section 3. Said towns of Needham and Wellesley support of 
shall be respectively liable for the support of all persons p«"P"''*- 
who now are, or who shall hereafter be, in need of relief 
as paupers, whose settlements were gained, whether by 
original acquisition or by derivation, within their respec- 
tive limits; and the town of Wellesley shall pay annually 
to the town of Needham two-thirds of the cost paid by the 
town of Needham for the support or relief of paupers 
whose settlements were acquired in Needham in conse- 



486 



1881.— Chapter 172. 



Property to be 
equally divided 
between Need- 
bam and 
Wellesley. 



Proviso. 



Debts to be 
paid by towns 
in proportion to 
assessed valua- 
tion of property. 



Maintenance of 
publi<' sebools, 
higliways and 
bridges. 



quence of military services in the war of the rebellion : 
provided, that the person who rendered such military 
services was not at the time of his enlistment an inhabit- 
ant of the town of Needham. 

Section 4. All the property both real and personal 
including claims and rights of action belonging to the 
town of Needham at the time of the passage of this act, 
shall be equally divided between the towns of Needham 
and Wellesley : provided, however, that each of said towns 
shall hold, retain and own all of said property now with- 
in their respective limits; but if either of said towns shall 
hold and retain more than one-half in value of said prop- 
erty belonging to the town of Needham at the time of 
the passage of this act, such town shall pay to the other 
town a sum of money equal to the excess in value of the 
property so held and retained, over one-half of all said 
propert}^ belonging to the town of Needham at the time 
of the passage of this act ; provided, nevertheless, that the 
town records, public documents, standard weights and 
measures, and other property of similar nature, shall be 
the property of and remain in the custody of the town of 
Needham. 

Section 5. The town of Wellesley shall assume, pay 
and discharge a proportion of all the debts and liabilities 
of the town of Needham at the time of the passage of this 
act equal to the proportion which the assessors' valuation 
of the taxable property, real and personal, within the lim- 
its of the town of Wellesley bore to the assessors' valua- 
tion of the whole amount of taxable property, real and 
personal, in the town of Needham on the first day of May 
last past. 

Section 6. The annual excess, if any, of maintaining 
the public schools, highways and bridges in that part of 
the town of Needham remaining after the division of said 
town, as provided in this act, over and above the expense 
of maintaining the public schools, highways and bridges in 
that part of Needham incorporated as the town of Welles- 
ley, if not agreed upon by the selectmen of Needham and 
Wellesley, shall be ascertained by the commissioners pro- 
vided for in section ten of this act, on the basis of the 
average number of scholars in the public schools of legal 
school age for the year eighteen hundred and eighty, and 
the length and condition of the highways and bridges on 
the first day of January last past ; and the town of Welles- 
ley shall pay of such excess in the proportion which the 
valuation, real and personal, in the year eighteen hundred 



1881. — Chapter 172. 



487 



and eighty of the part of Needham hereby mcorporated as 
the town of Wellesley, bore to the valuation, real and per- 
sonal, of the remaining part of said town of Needham, 
and shall provide for, pay and discharge the same as fol- 
lows, to wit: the town of Wellesley shall pay to the town 
of Needham a sum of money, the annual interest of which, 
at five per cent., shall equal in amount the part of such 
excess to be paid by the town of Wellesley, as herein pro- 
vided. 

Section 7. The town of Wellesley shall receive one- 
half of whatever amount may be refunded to the town of 
Needham from the Commonwealth or the United States 
to reimburse said town of Needham for bounties to soldiers, 
or state aid paid to the family of any soldier, after deduct- 
ing reasonable expenses. 

Section 8. The town of Wellesley shall bear the ex- 
pense of making the survey of and establishing the line 
between the towns of Needham and Wellesley. 

Section 9. All suits and proceedings at law or in 
equity, where the cause of action in favor of or against the 
town of Needham arose before the passage of this act, 
may be instituted, prosecuted or defended, as the case may 
be, by the town of Needham in the same manner and 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 the town of Needham shall be received or paid, as 
the case may be, and divided between the towns of Need- 
ham and Wellesley in the same proportions as the public 
property and debts of said town of Needham are required 
to be divided by this act. 

Section 10. In case the towns of Needham and 
Wellesley shall not agree in respect to the division of the 
property or debts of the town of Needham, or in respect 
to the establishment of the boundary line between said 
towns, or in respect to the amount of money, if any, to be 
paid by the town of Wellesley to the town of Needham 
under the provisions of the sixth section of this act, the 
supreme judicial court for the county of Norfolk shall, 
upon petition of either one of said towns, and after reason- 
able notice to the other, appoint three discreet persons as 
commissioners to hear the parties and determine the dif- 
ferences. Said petition may be filed and said appointment 
may be made in vacation or in term time. The award of 
a majority of said commissioners, when returned to and 
accepted by the court, shall be final ; but the court shall 
have power for proper cause shown to set aside said award. 



Re-lmbursement 
for bounties or 
state aid to 
soldiers. 



Expenses of 
survey. 



Suits and pro- 
ceedings at law 
or in equity. 



Division of 
debts and 
property. 



Award of 
commissioners. 



488 



1881. — Chapter 173. 



Election 
districts. 



First meeting 
for election of 
town officers. 



or to recommit it to the commissioners, or to remove said 
commissioners and to appoint others in their stead. And 
the court shall have power 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. 

Section 11. The town of Wellesley shall, until other- 
wise provided by law, continue to be a part of the eighth 
congressional district, of the second councillor district, of 
the second Norfolk senatorial district, and of the ninth 
representative district of Norfolk County. The inhabit- 
ants of said town of Wellesley shall vote for each of said 
officers in the town of Wellesley. The selectmen and 
clerk of said town of Wellesley in each of said cases shall 
make returns as if said town had existed at the time of the 
formation of said districts. 

Section 12. Any justice of the peace within and for 
the county of Norfolk, whose residence is in the town of 
Wellesley, may issue his warrant, directed to any inhabit- 
ant of said town of Welleslej^, requiring him to notify and 
w^arn the inhabitants thereof, qualified to vote in town af- 
fairs, to meet at the time and place therein 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 Wellesley, 
seven days at least, before such time of meeting. Such 
justice, or in his absence such inhabitant required to no- 
tify the meeting, shall preside until the choice of moderator 
in said town meeting. The selectmen of said town of 
Needham shall before said meeting prepare a list of voters 
in said town of Wellesley, qualified to vote at said meet- 
ing, and shall deliver the same to the person presiding at 
such meeting before the choice of moderator thereof. 

Section 13. This act shall take effect upon its passage. 

Ajyj^roved April 6', ISSl. 



Chap. 173 An Act to provide for the laying out of public parks in 

THE city of NEWTON. 

Be it enacted., etc., as follows : 

Section 1. The mayor of the city of Newton, with the 
approval of the city council, shall, as soon as ma}'^ be after 
tliis act shall take effect, appoint five competent commis- 
sioners, who shall hold their offices until the expiration of 
terms of one, two, three, four and five years, respectively, 



Park commis- 
sioners to be 
appointed. 



1881. — Chapter 173. 



489 



from the first day of May in the year eighteen hundred 
and eighty-one. The mayor shall, with like approval, be- 
fore the first day of May in each year after the year eighteen 
hundred and eighty-one, appoint a commissioner to con- 
tinue in office for the term of five years from said day. No 
person shall be a commissioner who is at the same time a 
member of the city council of said city ; and any com- 
missioner may at any time be removed by a concurrent 
vote of two-thirds of the whole of each branch of said 
council. 

Section 2. Said commissioners shall constitute a board 
of park commissioners, and any vacancy occurring in said 
board shall be filled, for the residue of the term of the 
commissioner whose place is to be filled, in the same man- 
ner in which such commissioner was originally appointed. 
Said commissioners shall serve without compensation. 

Section 3. Said board shall have power to locate 
within the limits of the city of Newton, one or more pub- 
lic parks ; and for that purpose, from time to time, to take 
in fee, by purchase, gift, devise or otherwise, any and all 
such lands as said board may deem desirable therefor, or 
to take bonds for the conveyance thereof to said city ; to 
lay out, improve, govern and regulate any such park or 
parks, and the use thereof; to make rules for the use and 
government thereof, and for breaches of such rules to affix 
penalties not exceeding twenty dollars for one offence, to 
be imposed by any court of competent jurisdiction : to ap- 
point all necessary engineers, surveyors, clerks and other 
officers, including a police force to act in such parks ; to 
define the powers and duties of such officers, and fix the 
amount of their compensation ; and generally to do all 
needful acts for the proper execution of the powers and 
duties granted to or imposed upon said city, or said board, 
by this act : provided^ however, that no land shall be ta- 
ken, or otlier thing involving an expenditure of money 
done, until an appropriation sufficient to cover the esti- 
mated expense thereof shall have been made by a vote 
of two-thirds of each branch of the city council of said 
city. 

Section 4. Said board shall, within sixty days after 
the taking of any land under this act, file in the registry 
of deeds for the county in which the land is situated a 
description thereof, sufficiently accurate for identifying 
the same. 

Section 5. Said board shall estimate and determine all 
damages sustained by any persons by the taking of land, 

62 



Vacancies in 
board. 



Commissioners 
may locate 
parks in New- 
ton, and take 
land, etc. 



May appoint 
officers and fix 
their compensa- 
tion. 



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



To estimate and 
determine 



490 



1881. — Chapter 173. 



Liability of city 
for damages. 



City may take 
bequtfsts, etc., 
for improving 
parks. 



Assessments for 
betterments. 



Proviso. 



Assessments to 
be made within 
two years. 



To constitute a 
lien upon the 
estate assessed. 



or other acts of said board, in the execution of the pow- 
ers vested in them by this act; but any person af^grieved 
by any such determination of said board may have his 
damages assessed by a jury of the superior court, in the 
same' manner as is provided by law with respect to dam- 
ages sustained b}^ reason of the laying out of ways. If 
upon trial damages are increased bej^ond the award, the 
party in whose favor the award was made shall recover his 
costs ; otherwise he shall pay costs ; and costs shall be 
taxed as in civil cases. 

Section 6. The fee of all lands taken or purchased by 
said board under this act shall vest in the city of Newton, 
and said city shall be liable to pay all damages assessed or 
determined, as provided in the preceding section, and all 
other costs and expenses incurred by said board in the ex- 
ecution of the powers vested in them by this act. Said 
city shall also be authorized to take and hold in trust or 
otherwise any devise, grant, gift or bequest that ma}^ be 
made for the purpose of laying out, improving or orna- 
menting any parks in said city. 

Section 7. Any real estate in the city of Newton, 
which in the opinion of said board shall receive any benefit 
and advantage from the locating and laying out of a park 
under the provisions of this act, beyond the general ad- 
vantages to all real estate in the city of Newton, may, 
after like notice to all persons interested as is provided by 
law to be given by the mayor and aldermen of the city of 
Newton, in cases of laying out streets and ways in said 
city, be assessed by said board for a proportional share of 
the expense of such location and laying out: provided, 
that the entire amount so assessed upon any estate shall 
not exceed one-half of the amount which said board shall 
adjudge to be the whole benefit received by it. 

Section 8. No assessment shall be made as provided 
in the preceding section except within two years after the 
passage of the order, the execution of which causes the 
benefit for which the assessment is made. 

Section 9. All assessments made under this act shall 
constitute a lien upon the real estate so assessed, to be en- 
forced and collected by the city of Newton in the same 
manner and with like charges for costs and interest as is 
provided by law for the collection of taxes ; and such 
assessments may be ap[)ortioned by said board in like 
manner as assessments for benefits caused by the laying 
out of ways may now be apportioned by the city council 
of said city. 



1881. — Chapter 173. 491 

Section 10. Any person aggrieved by any assessment Person ag- 

made by said board may have the amount of the benefit havelmmmt 

received by his estate assessed by a jury of the superior |ury*of'lhJ^ 

court, by proceedings in like manner as is provided by law superior court. 
with respect to assessments for betterments in the case of 
ways, and subject to like provisions of law as to lien and 
costs. 

Section 11. When an assessment is made under this when estate is 

act upon an estate, the whole or any portion of which is oTasses^menT 

leased, the owner of the estate shall pay the assessment, to be paid by 

J. t/ 7 1GSS6G. 

and may thereafter collect of the lessee an additional rent 
for the portion so leased, equal to six per centum per an- 
num on that proportion of the whole sum paid which the 
leased portion bears to the whole estate after deducting 
from the whol^ sum so paid any amount he may have re- 
ceived for damages to the estate above what he has neces- 
sarily expended on such estate by reason of such damages. 

Section 12. For the purpose of defraying the expenses pubiicpark 
incurred under the provisions of this act, the city council ^°^'** 
of Newton shall have authority to issue, from time to time, 
and to an amount not exceeding the amount actually ex- 
pended for the purchase or taking of lands for said parks, 
bonds or certificates of debt, to be denominated on the 
face thereof, the "Public Park Loan," and to bear in- 
terest at such rates and to be payable at such periods as 
said council may determine. For the redemption of such 
loan said council shall establish a sinking fund sufficient, siniving fund to 
with the accumulating interest, to provide for its payment ^^ established. 
at maturity. All sums paid for betterments shall be paid 
into said sinking fund, until such sum shall amount to a 
sum sufficient, with its accumulation, to pay at maturity 
the bonds for the security of which the fund was estab- 
lished. 

Section 13. No street or way, and no steam or horse streets not to 
railroad, shall be laid out over any portion of anj'- park park!*^ °"* "^^'^ 
located under this act, except at such places and in such 
manner as said board shall approve. 

Section 14. No military encampment, parade, drill, re- Military parade 
view, or other military evolution or exercise shall be held fowed without 
or performed on any park laid out as aforesaid, except consent of 
with the prior consent of said board ; nor shall any mili- 
tary body, without such consent, enter or move in military 
order within the same, except in case of riot, insurrection, 
rebellion or war. 

Section 15. Said board shall annually, in the month Annual report 
of December, make to the city council of Newton a full board'"^'^^ **^ 



492 



1881. — Chapter 173. 



Subject to ac- 
ceptance by a 
tnfyority vote. 



Return to be 
made to the 
Becretary of the 
Coramon wealth. 



report of its doings for the preceding year, including a 
detailed statement of all its receipts and expenditures. 

Section 16. This act shall not take full eifect unless 
accepted by a majority of the legal voters of the city of 
Mewton, present and voting thereon by ballot and using 
the check list, at meetings which shall be held in the sev- 
eral wards of said city on the second Wednesday of June, 
in the present year, and upon notice thereof duly given at 
least seven days before the time of said meetings ; and 
the polls shall be opened not later than seven o'clock in 
the forenoon, and closed not earlier than five o'clock in the 
afternoon, of said day. In case of the absence of any ward 
officer at any ward meeting in said city, held for the pur- 
pose aforesaid, a like officer may be chosen j^fo tempore by 
hand vote, and shall be duly qualified, and shall have all 
the powers and be subject to all the duties of the regular 
officer at said meetings. Said ballots shall be " Yes," or 
" No," in answer to the question : " Shall an act passed by 
the legislature of the Commonwealth, in the year eighteen 
hundred and eighty-one, entitled ' An Act to provide for 
the laying out of public parks in the city of Newton,' be 
accepted?" Such meetings shall be called, notified and 
warned by the board of aldermen of said city in the same 
manner in which meetings for the elections of municipal 
officers are called, notified and warned. The ballots given 
in shall be assorted, counted and declared in open ward 
meeting, and shall be registered in the ward records. The 
clerk of each ward shall within forty-eight hours of the close 
of the polls make return to the board of aldermen of the 
number of ballots cast in his ward in favor of the accept- 
ance of this act, and of the number cast against its accept- 
ance. And it shall be the duty of the board of aldermen 
to certify, as soon as may be, to the secretary of the Com- 
monwealth, the whole number of ballots cast in favor of 
the acceptance of this act and of the number cast against 
its acceptance ; and if it shall appear that a majority of 
the ballots have been cast in favor of acceptance, the said 
secretary shall immediately issue and publish his certifi- 
cate declaring this act to have been duly accepted. 

Section 17. So much of this act as authorizes and 
directs the submission of the question of its acceptance to 
the legal voters of the city of Newton, shall take effect 
upon its passage. Approved April 6, 1881. 



1881, 



Chapter 174. 



493 



An Act to supply the town of weymouth with pure water. 
Be it enacted^ etc., as follows : 

SECTiOiSr 1. The town of Weymouth is hereby author- 
ized to supply itself and its inhabitants with pure water 
to extinguish fires, generate steam, and for domestic and 
other uses ; and may estabJisli public fountains and hy- 
drants, regulate their use, and discontinue the same, and 
may collect such rents as may be fixed for the use of said 
water. 

Section 2. Said town for the purposes aforesaid may 
take and hold the waters of Weymouth Great Pond, so 
called, in the town of Weymouth, and the waters which 
flow into and from the same, together with any water 
rights connected therewith, and may also take and hold, 
by purchase or otherwise, all necessary lands for raising, 
flowing, holding, diverting, conducting, purifying and pre- 
serving such waters, and conveying the same to any and 
all parts of said town of Weymouth ; and may erect there- 
on proper dams, reservoirs, buildings, fixtures, and other 
structures, and make excavations and embankments, and 
procure and run machinery therefor; and for the purposes 
of this act may construct and lay down conduits, pipes 
and drains in, under or over any lands, water courses, or 
railroads, and along any street, highway, alley, or other 
way, but in such a manner as not unnecessarily to obstruct 
the same ; and for the purpose of constructing, laying 
down, maintaining, and repairing such conduits, pipes and 
drains, and for all other proper purposes of this act, may 
dig up, raise, and embank an}^ such lands, street, highway, 
alley, or other way, in such a manner as to cause the least 
hindrance to travel thereon : provided, that within ninety 
days after the time of taking any lands, waters, or water 
courses as aforesaid, otherwise than by purchase, said town 
shall file in the registry of deeds for the county of Norfolk 
a description thereof sufficiently accurate for identifica- 
tion, with a statement of the purposes for which the same 
is taken, signed by a majority of the water commissioners 
hereinafter named. 

Section 3. Said town of Weymouth shall be liable to 
pay all damages sustained by any persons or corporations 
in their property by the taking of any lands, water, or 
water rights, or by the construction of any aqueducts or 
other works for the purposes aforesaid. 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 in the manner provided by 



Chap. 174 



Water supply 
for town of 
Weymouth. 



May take the 
waters of Wey- 
mouth Great 
Pond. 



May take lands, 
and erect dams 
and reservoirs. 



May dig up 

streets. 



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



Liability of 
town for 
damages. 



494 



1881. — Chapter 174. 



Weymouth 
water loan. 



law with respect to land taken for highways ; but no ap- 
plication shall be made to the county commissioners for 
the assessment of damages for the taking of water rights, 
until the M^ater is actually taken and diverted by said 
town. 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. 

Section 4. For the purpose of paying all necessary 
expenses and liabilities incurred under the provisions of 
this act, said town of Weymouth shall have authority, 
from time to time, to issue notes, bonds, or scrip, signed 
by its treasurer and countersigned by the chairman of the 
selectmen thereof, to be denominated " Weymouth Water 
Loan," to an amount not exceeding three hundred thou- 
sand dollars, payable at periods not exceeding thirty years 
from the date thereof, with interest payable semi-annually, 
at a rate not exceeding seven per centum per annum ; and 
said town ma}^ sell said bonds at public or private sale, 
upon such terms and conditions as it ma}' deem proper, 
and may raise money by taxation to pay said bonds and 
interest thereon when due ; but said town shall not raise 
more than five thousand dollars in any one year to pay 
the principal of said bonds, except the year in which the 
same may become due. 

Section 6. The treasurer of said town and the chair- 
man of the selectmen thereof, ex offieiis, and three persons 
to be elected b}' ballot by the said inhabitants, as herein- 
after provided, shall form a board of water commissioners, 
who shall execute, superintend and direct the performance 
of all the works, matters and things mentioned in this act, 
and exercise all the rights, powers and privileges hereby 
granted, and not otherwise specifically provided for herein, 
subject to the vote of said town. 

Section 6. At an}^ annual meeting of the inhabitants 
of said town, or at any special meeting called for the pur- 
pose, one of the three persons to be elected according to 
the provisions of the preceding section shall be elected 
for a term ending one year, one for a term ending two 
years, and one for a term ending three years, from the 
next succeeding annual town meeting; after which first 
election a member of said board, as the term of each ex- 
pires, shall be elected at the annual town meeting for the 
term of three years. Vacancies may be filled at any town 
meeting duly called for the purpose. Said commissioners 
Oompensntion. shall receivc such compensation as the said town by vote 



Board of water 
commissioners. 



To hold office 
for three years 



Vacancies. 



1881. — Chapter 174. 



495 



may prescribe ; and a majority of said commissioners shall 
be a quorum for the exercise of the powers and duties pre- 
scribed by this act. 

Section 7. Said water commissioners shall, from time 
to time, establish such prices or rents for the use of the 
water as to provide annually, if practicable, from the net 
income and receipt therefor, for the payment of the inter- 
est on the "Weymouth Water Loan," and also, after three 
years from the introduction of the water into said town, 
for the further payment of not less than one per centum 
of the principal of said bonds. The net surplus income 
and receipts, after deducting all expenses, interest and 
charges of distribution, shall be set apart as a sinking 
fund, and applied solely to the payment of the principal 
of said bonds until the same are fully paid and discharged. 
Said water commissioners shall be trustees of said fund, 
and shall annually, and as often as said town may require, 
render an account of all their doings in relation thereto. 

Section 8. At any time after the expiiation of three 
years from the introduction of said water into said town, 
and before the re-imbursement of the principal of said 
"Weymouth Water Loan," if the surplus income and re- 
ceipts for the use of the water distributed under this act 
at the price established by the water commissioners, after 
deducting all expenses and charges of distribution, shall 
for any two successive years be insufficient to pay the 
accruing interest on the said loan, and the one per centum 
to the sinking fund as aforesaid, then the supreme judicial 
court, or any justice thereof, on the petition of twenty-five 
or more of the legal voters of said town, praying that the 
said price of said water be increased so far as may be 
necessary for the purpose of paying from the said surplus 
income and receipts the said accruing interest, and the 
said one per centum to the sinking fund, — and upon due 
notice of the pendency of such petition, given to said 
town in such manner as said court shall order, — may 
appoint three commissioners, who, upon due notice to the 
parties interested, may raise and increase the said price if 
they shall judge proper, so far as may be necessary for the 
purpose aforesaid, and no further ; and the award of said 
commissioners, or the major part of them, being returned 
to said court at the next term thereof for the county of 
Norfolk, and accepted by said court, shall be binding and 
conclusive for the terra of three years next after the said 
acceptance, and until the price so fixed shall, after said 
term, be changed by the said water commissioners or by 
said town. 



May establish 
water rates. 



Sinking fund. 



Water rates 
may be in- 
creased after 
three years, if 
income is insuf- 
ficient to pay 
accruing in- 
terest. 



496 



1881. — Chapter 175. 



Liability of 
tenant and 
occupant of 
building. 



Penalty for 
divertiiia; water 
or rendering the 
same impure. 



Subject to ac- 
ceptance by a 
majority vote. 



Section 9. The occupant of any tenement or building 
shall be liable for the payment of the rent for the use of 
the water in such tenement or building, and the owner 
thereof shall also be liable, on being notified of such use, 
until he shall object thereto by written notice to said 
water commissioners. 

Section 10, Any person who shall use said water 
without the consent of the town, or who shall wantonly 
or maliciously divert the water, or any part thereof, taken, 
held or used under the provisions of this act, or who shall 
wantonly or maliciously corrupt the same, or render it 
impure, or who shall wantonly or maliciously destrov or 
injure any dam, conduit, aqueduct, pipe or hydrant, or 
other property real or personal, held, owned or used by 
the said town for the purposes of this act, shall pay three 
times the actual damage to said town, to be recovered 
in an action of tort. Any such person, on conviction of 
either of the wanton or malicious acts aforesaid, shall be 
punished by fine not exceeding one hundred dollars, or im- 
prisonment not exceeding six months, or both said penalties. 

Section 11. This act shall take effect upon its passage ; 
but nothing shall be done, or any expenditure made, or 
liability incurred under the same, except for preliminary 
surveys and estimates, unless this act shall first be accept- 
ed by vote of a majority of the legal voters of said town, 
present and voting thereon at a legal meeting called for 
that purpose, within three years from the date of the pas- 
sage of this act ; the number of said meetings called for 
that purpose in one year not to exceed three. 

Approved April 6, 1S81 . 



Chap. 175 



Compensation 
of extra clerlis. 



An Act relative to extra clerical assistance in the 
office of the deputy tax commissioner and commissioner 
of corporations. 

Be it enacted, etc.. as folloios: 

Section 1. Section two of chapter two hundred and 
eighty-eight of the acts of the year eighteen hundred and 
seventy-nine is hereby amended by striking out the word 
"eleven," in said section, and inserting in place thereof 
the word " twelve " ; and also by striking out the proviso 
at the end of said section. 

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

Approved April 6, 1881. 



1881. — Chapters 176, 177, 178. 



497 



Name changed 
to the Univer- 
salist Society of 
Warren. 



An Act to empower the "baptist religious society in Chap. 116 

Haverhill" to convey its real estate free of trusts. 
Be it enacted, etc., as follows: 

Section 1. The " Baptist Religious Society in Haver- May convey 
hill," is hereby authorized and empowered to sell and con- ortrulu*!^ ^^^ 
vey free and discharged of all uses and trusts which may 
affect all or any part thereof, and in such manner as it 
may by vote determine, the land with the meeting-house 
of said society thereon situated in Haverhill in the county 
of Essex, on the north side of Merrimac Street, and extend- 
ing from How Street to Pecker Street. 

Section 2. The said society shall invest the proceeds investment of 
of the sale of said land and building in a manner as nearly p""""*^® *• 
as may be in accordance with the purposes for which they 
are now held. 

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

Approved April 6, 1881. 

An Act to change the name of the "second universalist Chap. 177 

SOCIETY IN THE TOWN OF WESTERN." 

Be it enacted, etc., as follows : 

Section 1. The name of the " Second Universalist 
Society in the town of Western," is hereby changed to 
that of the Universalist Society of Warren. 

Section 2. All rights to real property heretofore intend- 
ed to be conveyed to the Second Universalist Society in the 
Town of Western under the name of the Second Universa- 
list Society of Warren shall vest in the Universalist Socie- 
ty of Warren. 

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

Approved April 6, 1881. 

An Act to provide for an engineer at the state prison Chap. 178 

AT CONCORD. 

Be it enacted, etc., as follows: 

Section 1. Section seven of chapter one hundred and Engineer to be 
seventy-nine of the General Statutes is hereby amended the prison. 
by inserting after the woi'd "turnkeys," in the third line, 
the words " one engineer." 

Section 2. The engineer at the state prison at Con- To be appointed 
cord shall be appointed by the warden, subject to the appTovarof^'^ 
approval of the coiumissioners of prisons, and shall hold co'i^missioners. 
his ofiBce during the pleasure of the warden and commis- 
sioners. His compensation shall be fixed by the commis- 
sioners of prisons. 

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

Approved April 6, 1881. 
63 



498 



1881. — Chapters 179, 180, 181, 



Chap. 179 



Agent for 
rendering 
assistance to 
discharged 
female convicts. 



Repeal. 



Chap. 180 



On whom parti- 
tion is binding. 
G. 8. 136, § 64. 



An Act to PRo\aDE for the assistance of discharged fe- 
male CONVICTS. 
Be it enacted, etc., as folloios: 

Section 1. The commissioners of prisons may employ 
a woman to act as their agent in rendering assistance to 
female prisoners discharged from the prisons in this Com- 
monwealth. Said agent shall counsel and advise snch 
prisoners, assist them in obtaining employment, and under 
the direction of the commissioners may render them such 
pecuniary aid as she shall deem advisable, and may be 
paid for her services a salary to be fixed by the commis- 
sioners, not to exceed seven hundred dollars a year; but 
the whole amount paid for the purposes of this act shall 
not exceed three thousand dollars in any one year. 

Section 2. So much of section twenty-seven of chap- 
ter two hundred and ninety-four of the acts of the year 
eighteen hundred and seventy-nine as authorizes the com- 
missioners of prisons to expend money for the assistance 
of convicts discharged from the reformatory prison for 
women, and chapter thirty-three of the resolves of the 
year eighteen hundred and eighty, are hereby repealed. 

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

Approved April 6", 1881. 

An Act to amend section sixty-four of chapter one hun- 
dred AND THIRTY-SIX OF THE GENERAL STATUTES, RELATING 
TO THE PARTITION OF LANDS. 

Be it enacted, etc., as folloios: 

Section sixty-four of chapter one hundred and thirty- 
six of the General Statutes is amended by adding at the 
end thereof the words, " or by publication of notice in 
the manner provided in section fifty-one, and on all per- 
sons claiming under them." Approved April 6, 1881. 



Chap. 181 An Act to amend "an act relative to the printing and 

DISTRIBUTING OF BALLOTS AT ELECTIONS." 



Ballots at 
elections. 
1880, 92, § 1. 



Be it enacted, etc., as follows: 

Section 1. Section one of chapter ninety-two of the 
acts of the year one thousand eight hundred and eighty 
is hereby amended b}'- inserting the word "or," in the 
third line thereof after the word " county," and before the 
word "city," and by striking out the words "or town," 
in said third line after the word "city," and before the 
word " officers." 

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

Approved April 6', 1881. 



1881. — Chapters 182, 183, 184. 



499 



An Act to amend chapter one hundred and sixty-eight Chap. 182 

OF THE acts op THE YEAR ONE THOUSAND EIGHT HUNDRED 
AND SIXTY-ONE RELATING TO THE INSPECTION OF GAS-METERS. 

Be it enacted^ etc., as follows: 

Section 1. The fees provided for in section four of Fees for inspec- 
chapter one hundred and sixty-eight of the acts of the m°eterl by^depu- 
year one thousand eight hundred and sixty-one shall be ]"eted°b"'in'^^' 
collected by the inspector, who shall pay therefrom such spector. 
reasonable salaries to the deputies appointed by him in 
accordance with said section as may be agreed upon be- 
tween them and the inspector, and also office rent and 
office expenses. 

Section 2. So much of said section four as is incon- Repeal, 
sistent with the provisions of this act is hereby repealed. 

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

Approved April 6, 1881. 

An Act concerning the transfer of insane persons from Chap. 183 

PRIVATE asylums. 

Be it enacted., etc., as follows: 

Upon application of the director, manager or trustees Transfer of 

of any private asylum for the insane, the board of health, frompnvatr* 

lunacy and charity shall have the power to transfer anv ^fJ''""**^ *» 

n ■, ^ 1 ■•■ . T *^ otber asylums 

inmate oi such asylum to another private asylum, or to a or hospitals, 
state lunatic hospital ; provided the legal or natural guar- 
dian of such patient shall consent to the transfer. 

Approved April 6, 1881. 



OF Chap. 184 



ani- 
mals killed 
without ap- 
praisal may be 
compensated. 



An Act in relation to the killing without appraisal 

ANIMALS diseased WITH GLANDERS OR FARCY. 

Be it enacted, etc., as follotos: 

Section 1. In all cases of glanders or farcy the com- owners of 
missioners on contagious diseases among cattle, having 
condemned the animal infected therewith, shall cause the 
same to be killed without appraisal, but may compensate 
the owner thereof in such equitable sum as shall pay for 
the killing and burial of the same. 

Section 2. Chapter one hundred and sixty of the acts Repeal 
of the year eighteen hundred and seventy-nine is hereby 
repealed. 

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

Approved April 6, 1881. 



500 



1881. — Chapters 185, 186, 187, 188. 



Chap. 185 An Act to amend "an act relating to boards of health 

IN THE SEVERAL CITIES OF THE COMMONWEALTH." 



Boards of health 
in cities may 
♦enforce regula 



Be it enacted^ etc., as follows: 

Section 1. Chapter one hundred and thirty-three of 
the acts of the year eighteen hundred and seventy-seven 
Louse'^dwrnage^ ^^ hcTcby amended by striking out from the fifth section 
tlie last five words as follows : " where such connection is 
made," and inserting in place thereof the words, " where 
a public sewer abuts the estate to be drained." 

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

Ajyproved April 6, 1881. 



Chap. 186 



Expenses of 
comrnitiTient, 
etc., to be paid 
by the county. 



Comraitraent to 
Boston lunatic 
hospital. 



Chap. 187 



Not required to 

make returns to 

commissioners 

of savings 

banks. 

188U, 161, § 1. 



Chap. 188 



Noi to be 
deemed a pau- 
per because of 
support of rela- 
tives by the 
stale In certain 
institutions. 



An Act concerning the expenses of the examination and 

commitment of insane persons. 
Be it enacted, etc., as folloivs : 

Section 1. All necessary expenses attending the ap- 
prehension, examination, trial or commitment of a lunatic, 
shall be allowed and certified by the judge or magistrate 
before whom the case is brought and be paid out of the 
county treasur3\ 

Section 2. The fees for the commitment of lunatics to 
the Boston lunatic hospital shall be paid by the county of 
which the alleged lunatic is an inhabitant, as if the com- 
mitment were made to a state lunatic hospital. 

Approved April 6. 1881. 

An Act concerntng returns of registers of probate and 
insolvency, registers of deeds, and commissioners of insol- 
VENCY. 

Be it enacted, etc., as folloios : 

Section one of chapter one hundred and sixty-one of the 
acts of the year eighteen hundred and eighty is hereby 
amended by striking oat the words '' registers of probate 
and insolvency, registers of deeds," and '•• commissioners of 
insolvency," wherever they occur in said section. 

Approved April 6, 1881. 

An Act to provide that certain persons having relatives 
SUPPORTED at the expense of the state in certain public 

institutions, shall not for that reason be DEEMED PAU- 
PER.S. 

Be it enacted, etc., asfolloivs: 

No person in this Commonwealth, actually supporting 
himself and his family, shall be deemed or designated as a 
pauper because of the commitment of his wife or minor 
child or other relative to any lunatic hospital, or other 



1881. — Chapters 189, 190. 



501 



institution of charity, reform or correction, by order of a 
court or magistrate, and his inability to maintain them 
therein ; but nothing herein contained shall release him 
from his present liability for the support of said depend- 
ent if possessed of sufficient means. 

Approved April 6, 1881. 

An Act relating to the jurisdiction of municipal, district Chap. 189 

AND POLICE courts IN CASES OF ASSAULT AND BATTERY. 

Be it enacted^ etc., as follows: 

Section 1. Municipal, district and police courts, con- jurisdiction in 
currently with the superior court, shall have jurisdiction oases of assault 
of cases of assault and battery, except when committed in 
the commission of, or in the attempt to commit, some 
other offence, or with a weapon dangerous to life, or when 
the life of the person assaulted is in danger, or said person 
is maimed, and in such cases may punish by imprisonment 
in the jail or house of correction, or, if the defendant is a 
female above the age of seventeen years, in the reforma- 
tory prison for women, for a term not exceeding one year, 
or by fine not exceeding one hundred dollars. 

Section 2. All acts and parts of acts inconsistent here- 
with are hereby repealed. Approved April 6, 1881. 



and battery. 



An Act in relation to the Massachusetts central railroad Chap. 190 

COMPANY. 

Be it enacted, etc., as follows: 

Section. 1. The time within which the Massachusetts Time for loca. 
Central Railroad Company may locate and construct its smiJttoi'eT.' 
railroad is hereby extended to the first day of May in tended, 
the year eighteen hundred and eighty-three, and the pro- 
visions of chapter two hundred and sixty of the acts of 
the year eighteen hundred and sixty-nine, and sections two 
and four of chapter two hundred and fifty-three of the 
acts of the year eighteen hundred and seventy-nine, and 
chapter one hundred and sixty-nine of the acts of the year 
eighteen hundred and eighty as amended by chapter ninety- 
four of the acts of the year eighteen hundred and eighty- 
one, are hereby revived and continued in force. But said 
railroad shall not cross at grade level the tracks of the Crossings. 
Connecticut River Railroad Company and the New Haven 
and Northampton Company at Northampton, except with 
the consent of the railroad commissioners as provided by 
law, and all structures for crossing under said tracks in 
Northampton shall be approved by the railroad commis- 



502 



1881. — Chafier 191. 



Construction 
regulated. 



May construct 
road over lands 
of the Agricul- 
tural College. 



Chap. 191 



Right of women 
to vote for 
school commit- 
tees. 



sioners and shall be constructed at the expense of the said 
Massachusetts Central Railroad Company. 

Section 2. That portion of the Massachusetts Central 
Railroad from Amherst to Northampton shall be completed 
on or before the completion of the extension from Amherst 
to the line of the Troy and Greenfield Railroad, and the 
work of construction upon the easterly extension shall at 
no time be further advanced than it is between said exten- 
sion and the Worcestei- and Nashua Railroad in the town 
of West Boylston, and the laying of the track shall not be 
begun on said easterly extension until the board of rail- 
road commissioners shall certify in writing that the entire 
grading, masonry and bridging have been so far completed 
between the easterly terminus of said easterly extension 
and said Worcester and Nashua Railroad in said town of 
West Boylston, as to allow the laying of the track con- 
tinuously to that point ; and shall further certify that the 
work of construction west of the Worcester and Nashua 
Railroad has been so far advanced as to admit of the com- 
pletion of the entire line to Northampton within the time 
specified in section one of this act. 

Section 3. The Massachusetts Central Railroad Com- 
pany may, with the consent of the governor and council, 
locate and construct its railroad not exceeding five rods in 
width, over and upon the lands of the trustees of the 
Massachusetts Agricultural College in the town of Am- 
herst, and said railroad company shall pay such damages 
for the land taken for such location as may be agreed 
upon by it and said trustees, and in the absence of such 
agreement said damages shall be determined as provided 
by law. 

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

Approved April 8, 1881. 

An Act relative to the right ok women to vote for school 
committees. 

Be it enacted, etc., as foUoios: 

Section 1. Every woman who is a citizen of this Com- 
monwealth, of twenty-one years of age and upwards, and 
has the educational qualifications required by the twentieth 
article of the amendments to the constitution, excepting 
paupers and persons under guardianship, who shall have 
resided within this Commonwealth one year, and within 
the city or town in which she claims the right to vote six 
months next preceding any meeting of citizens either in 
wards or in general meeting for municipal purposes, and 



1881. — Chapter 192. 



503 



who shall have paid by herself, or her parent, guardian or 
trustee, a state, county, city or town tax, which within two 
3^ears next preceding such meeting has been assessed upon 
her or her trustees in any city or town, shall have a right to 
vote at such town or city meeting for members of school 
committees. 

Section 2. Any woman, who is a citizen of this Com- 
monwealth, may on or before the first day of October in 
any year give notice in writing to the assessors of an}^ city 
or town, accompanied by satisfactory evidence, that she 
was on the first day of May of that year an inhabitant 
thereof, and that she desires to pay a poll tax and furnish 
under oath a true list of her estate, both real and personal, 
not exempt from taxation; and she shall thereupon be 
assessed for her poll, not exceeding fifty cents, and for 
her estate ; and the assessors shall, on or before the fifth 
day of October in each year, return her name to the clerk 
of the city or town in the list of the persons so assessed. 
The taxes so assessed shall be entered in the tax list of the 
collector of the city or town, and the collector shall collect 
and pay over the same in the manner specified in his 
warrant. 

Section 3. All laws in relation to the registration of 
voters shall apply to women upon whom the right to vote 
is herein conferred : provided, that the names of such 
women may be placed upon a separate list, and when the 
name of any woman has been placed on the voting list of 
any city or town, it shall continue on the list of said city 
or town as long as she continues to reside there, and to 
pay any state or count}^ city, or town tax that has been 
assessed on her or her trustee in any city or town in the 
Commonwealth within two years previous to any voting 
day. 

Section 4. All acts and parts of acts inconsistent here- Repeal 
with are hereby repealed. 

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

Approved April 9, 1881. 



Women, upon 
request, to be 
assessed a poll 
tax. 



Laws relating 
to registration 
to apply. 



An Act to establish the city of brookton. 
Be it enacted^ etc., as follows : 

Section 1. The inhabitants of the town of Brockton 
shall continue to be a body politic and corporate under 
the name of the City of Brockton, and as such shall have, 
exercise and enjoy all the rights, immunities, powers and 
privileges, and shall be subject to all the duties and obliga- 
tions, now incumbent upon and pertaining to the said 
town as a municipal corporation. 



Chap. 192 



City charter 
granted. 



504 



1881. — Chapter 192. 



Government 
vested in mayor 
and city council. 



Quorum. 



Annual election. 



Commencement 
of municipal 
year. 

Division of 
town into 
wards. 



New division of 
wards. 



Election of 
ward officers. 



Section 2. The administration of all the fiscal, pruden- 
tial and municipal affairs of the said city, with the govern- 
ment thereof, shall be vested in one officer, styled the 
mayor, one council of seven to be called the board of al- 
dermen, and one council of twenty-one to be called the 
common council, which boards, in their joint capacity, 
shall be denominated the city council ; and the members 
thereof shall be sworn to the faithful performance of their 
respective duties. A majority of each board shall consti- 
tute a quorum for the transaction of business, and no 
member of either board shall receive any compensation 
for his services. 

Section 3. The election of city and ward officers shall 
take place on the Tuesday next after the first Monday of 
December of each year ; and the municipal year shall begin 
on the first Monday of Januar}^ following. 

Section 4. It shall be the duty of the selectmen of 
said town, as soon as may be after the passage of this act 
and its acceptance as herein provided, to divide said town 
into seven wards, so that they shall contain, as nearly as 
may be consistent with well defined limits to each ward, an 
equal number of voters in each ward, which division may 
be revised by the city council within four years from the 
passage hereof. The city council may, in the year eighteen 
hundred and eighty-five and in every fifth year thereafter, 
make a new division of said wards, so that they shall con- 
tain, as nearly as may be consistent with well defined lim- 
its to each ward, an equal number of voters in each ward, 
according to the census to be taken in the months of May 
or June in said years. 

Section 5. On the Tuesday next after the first Mon- 
day of December, annually, there shall be elected b}' 
ballot, in each of said wards, a warden, clerk and three 
inspectors of elections, who shall be different persons, resi- 
dents in the ward, who shall hold their offices one 3'ear, 
and until others are chosen and qualified in their stead. 
Said wardens shall preside at all ward meetings with the 
power of moderators in town meetings, and if at any meet- 
ing the warden is not present the clerk shall preside until 
a warden pro tempore is elected by ballot ; if both the war- 
den and clerk are absent, the senior in age of the inspect- 
ors present shall preside until a warden pro tempore is 
elected ; and if all said officers are absent any legal voter 
in said ward may preside until a warden jt>?-o tempore is 
elected. When any ward officer is absent, or neglects to 
perform his duty, his office shall be filled pro tempore. 



1881. — Chapter 192. 



505 



The clerk shall record all the proceedings and certify the 
votes, and deliver to his successor in office all such records 
and journals, together with all other documents and papers 
held by him in his said capacity. The inspectors shall 
assist the warden in receiving, assorting and counting the 
votes. All said officers shall be sworn to a faithful dis- 
charge of their duties ; said oath to be administered by 
the clerk to the warden, and by the warden to the clerk, 
and to the inspectors, or to either of said officers by any 
justice of the peace ; a certificate of such oath shall be 
made by the clerk upon the ward records. All warrants 
for meetings of the citizens for municipal purposes shall 
be issued by the mayor and aldermen, and shall be in 
such form, and served and returned in such manner and 
at such times, as the city council shall direct. The com- 
pensation of the ward officers shall be fixed by concurrent 
vote of the city council. 

Section 6. The mayor and aldermen are authorized, 
when no convenient ward room for holding ward meet- 
ings of the citizens of either of the wards of the city can 
be had within the territorial limits of such ward, to appoint 
and direct, in the warrants for calling the ward meetings 
of such wards, the said meetings to be held in some con- 
venient and proximate place within the limits of any other 
of the wards of said city ; and for such purposes the place 
so assigned for the meeting of such ward shall be deemed 
and taken to be included in and part of said ward, as 
though the same was within the territorial limits thereof. 

Section 7. The mayor shall be elected by and from 
the qualified voters of the city at large, voting in their 
respective wards, and shall hold his office for the munici- 
pal year next following his election, and until another 
shall be elected and qualified in his place. 

Section 8. One alderman and three common council- 
men shall be elected by and from the voters of each ward, 
and shall at the time of their election be residents of the 
wards respectively in which they are elected ; they shall 
hold their offices for the municipal year next following 
their election, and until a majority of the new board shall 
be elected and qualified in their places. 

Section 9. On the Tuesday next after the first Mon- 
day of December, annually, the qualified voters in the 
several wards shall give in their votes by ballot for mayor, 
aldermen and common councilmen, in accordance with the 
provisions of this act, and all the votes so given shall be 
assorted, counted, declared and recorded in open ward 

64 



Ward oflficers to 
be sworn. 



Compensation. 



Ward meetings 
may be held 
without the ter- 
ritorial limits of 
ward. 



Mayor elected 
at large. 



One alderman 
and three com- 
mon councilmen 
to be elected in 
each ward. 



Annual election 
on the first 
Monday of 
December. 



506 



1881. — Chapter 192. 



Common coun 
cilrnon to be 
nulitk'd of 

eluciiun. 



meeting, by causing the names of persons voted for, and 
the number given for each, to be written in the ward rec- 
ord at length. The clerk of the ward, within twenty-four 
hours thereafter, shall deliver to the persons elected mem- 
bers of the common council certificates of their election, 
respectively, signed by the warden and clerk and a ma- 
jority of the inspectors of elections, and shall deliver to 
the city clerk a copy of the record of such elections, certi- 
fied in like manner: provided^ hoivever, that if the choice 
of members of the common council shall not be effected 
on that day in any ward, the meeting in such a ward may 
be a(lj(.)urned from time to time to complete such election. 
The board of aldermen shall within ten days thereafter 
examine the copies of the records of the several wards cer- 
tified as aforesaid, and shall cause the person who shall 
have been elected mayor to be notified in writing of his 
election ; but if it shall appear that there is no choice, or if 
the person elected shall refuse to accept the office, the 
board shall issue warrants for a new election, and the same 
proceedings shall be had in all respects as are herein be- 
fore provided for the election of mayor, and from time to 
time shall be repeated until a mayor shall be elected and 
shall accept said office. Jn case of the decease, resigna- 
tion or absence of the mayor, or of his inability to perfoi-ni 
the duties of his office, it shall be the duty of the board of 
aldermen and common council, respectively, b}^ vote, to 
declare that a vacancy exists, and the cause theieof ; and 
thereupon the two boards shall meet in convention and 
elect a mayor to fill such vacancy ; and the mayor thus 
elected shall hold his office until the inability causing such 
vacancy shall be removed, or until a new electit)n. Each 
iM.ieniitn to be alderman shall be notified in writing of his electicm by the 
mayor and aldermen for the time being. The oath pre- 
scribed by this act shall be administered to the nuiyor by 
the city clerk, or by any justice of the peace. The alder- 
men and conjmon councilmen elect shall on the first Mon- 
day of January, at ten o'clock in the foienoon, meet in 
convention, when the oath reiiuired by this act shall be 
administered to the members of the two boards present, 
by the mayor, or by any justice of the peace, and the cer- 
tificate of such oath having been taken shall be entered on 
tlie journal of the mayor and aklermen ami of the common 
council by their respective clerks. And whenever it shall 
appear that a mayor has not been elected previous to the 
first Monday of January afoiesaiil, the mayor and alder- 
men for the time being shall make a record of that fact, 



Vacancy in 
office of mayor 



notified of 
election 



Qualification of 
city council. 



1881. — Chapter 192. 507 

an attested copy of wlueh the city clerk sliall read at the 
opening of the convention to be hekl as aforesaid. After 
the oath has been administered as aforesaid, the two 
boards shall sepai-ate, and the common council shall be 
organized by the choice of a president and clerk, to hold organization of 
their othees respectively during the pleasure of the com- ^"^*"""™«'" • 
nion couucil, the clerk to be under oath faithfully to per- 
form the duties of his said office, and his compensation 
shall be fixed by concurrent vote of the city council. In 
case of the absence of the mayor elect on the first Mon- 
day of January, or if the mayor shall not then have been 
elected, the city council sliall organize itself in the man- 
ner herein before provided, and may proceed to business 
in the same manner as if the mayor was present; and the 
oath of office may, at any time thereafter, in convention 
of the two boards, be administered to the mayor and any 
member of the city council who may have been absent at 
the organization. The board of aldermen may choose a Board of aid o-- 
president who shall preside at all meetings of the board ^president! °''^^ 
and in joint convention of the city council in the absence 
of the mayor. Each board shall keep a record of its pro- 
ceedings and judge of the election of its own members; 
and in case of failure of election, or in case of vacancy 
declared by either board, the mayor and aldermen shall 
issue their warrant for a new election. 

Section 10. The mayor shall be the chief executive Mayor to be 
officer of the city. He shall enforce the laws and regula- oalclrof dty^^ 
tions of tlie city, and have a general supervision of all the 
subordinate officers. And he may, whenever in his opin- 
ion the i)ublic good may require, remove, with the consent 
of the appointing power, except as provided in section 
twelve, any officer over whose appointment he has, in 
accordance with tlie provisions of this charter, exercised 
the power of nomination. He may call special meetings 
of the boards of aldermen and connnon council, or either 
of them, when in his opinion the interests of the city re- 
quire it, by causing notice to be left at the usual place of 
residence of each member of the board or boards to be 
convened. He shall, from time to time, communicate to 
both boards such information and recommend such meas- 
ures as the business and interests of the city may in his 
opinion require. He shall preside in the board of alder- 
men, and in convention of the two boards. His salary for Salary. 
the first five years, under this charter, shall be fixed by 
the city council, but shall not exceed the sum of five 
hundred dollars per annum. Afterwards it shall be fixed 



508 



1881. — Chapter 192. 



Veto power of 
mayor. 



Powers hereto- 
fore exercised 
by selectmen to 
be vested in 
mayor and 
aldermen. 



Appointment 
and removal of 
police oflicers 
and constables. 



Marshal and 
constables may 
be recjuiied to 
give bonds. 



by the concurrent vote of the city council. It shall he 
payable at stated periods, but shall not at any time be 
increased or diminished during the year for wliich he is 
chosen. He shall receive no other compensation. 

Spxtion 11. Every ordinance, order, resolution or vote 
to which the concurrence of the board of aldermen and 
of the common council may be necessary, except on a 
question of a convention of the two branches or the 
election of an officer, and every order of either branch of 
the city council involving the expenditure of mone}", shall 
be presented to the mayor ]f he approves thereof he 
shall signify his approval by signing the same ; but if he 
does not approve thereof, he shall return the ordinance, 
order, resolution or vote, with his objections in writing, 
to the branch of the city council in which it originated. 
Such branch shall enter the objections of the mayor at 
large on its records, and proceed to reconsider said ordi- 
nance, order, resolution or vote ; and if, after such recon- 
sideration, two-thirds of that branch, present and voting, 
notwithstanding such objections, agree to pass such ordi- 
nance, order, resolution or vote, it shall, together with the 
objections of the mayor, be sent to the other branch of 
the city council, if it originally required concurrent action, 
where it shall also be reconsidered ; and if approved by 
two-thirds of the members present and voting, it shall be 
in force ; but in all cases the vote shall be determined by 
yeas and nays; and if such ordinance, order, resolution 
or vote is not returned by the mayor within ten days after 
it has been presented to him, the same shall be in force. 

Section 12. The executive power of said city gener- 
ally and the administration, with all the powers heretofore 
vested in the selectmen of Brockton, shall be vested in 
and may be exercised by the mayor and aldermen as fully 
as if the same were herein specially enumerated. The 
mayor and aldermen shall have full and exclusive power 
to appoint a constable or constables, and a city marshal 
and assistants, with the powers and duties of constables, 
and all other police officers, any of whom the mayor may 
remove, and fill the vacancy or vacancies so made, by 
appointment; but at the next meeting of the board of 
aldermen, he shall nominate as provided in this act. And 
the mayor and aldermen may require any person, who may 
be appointed marshal or constable of the city, to give bonds 
for the faithful discharge of the duties of the office, with 
such security and to such amount as they may deem rea- 
sonable and proper, upon which bonds the like proceed- 



1881. — Chapter 192. 



509 



ings and remedies may be had as are by law provided in 
case of constables' bonds, taken by the selectmen of towns. 
The compensation of the police and other subordinate 
officers shall be fixed by concurrent vote of the city 
council. 

Section 13. In all cases in wliich appointments are 
directed to be made by the mayor or aldermen, the mayor 
shall have the exclusive power of nomination, being sub- 
ject however to confirmation or rejection by the board of 
aldermen ; but if a person so nominated shall be rejected, 
the mayor shall make another nomination within one 
month from the time of such rejection. No person shall 
be eligible by appointment or election to any office of 
emolument the salary of which is payable out of the city 
treasury, who, at the time of such appointment or election, 
shall be a member of the board of aldermen or of the com- 
mon council. All sittings of the mayor and aldermen, of 
the common council and of the city council, shall be pub- 
lic when they are not engaged in executive business. 

Section 14. The city council shall annually, as soon 
after their organization as may be convenient, elect by 
joint ballot, in convention, a city clerk, treasurer, collector 
of taxes, one or more superintendents of streets, city so- 
licitor, city physician, and city auditor, who shall hold 
their offices respectively for the term of one year, and 
until their successors shall be chosen and qualified : pro- 
vided^ lioicever^ that either of the officers named in this 
section may be removed at any time by the city council 
for sufficient cause. Vacancies occurring in the above 
named offices may be filled by joint ballot of the city 
council at any time. The compensation of the officers 
mentioned in this section shall be fixed by concurrent vote 
of the city council. 

Section 15. The city clerk shall be sworn to the faith- 
ful discharge of the duties of his office. He shall have 
charge of all journals, records, papers and documents of 
the city, sign all warrants issued by the mayor arid alder- 
men, and do such other acts in his said capacity as the 
city council may lawfully and reasonably require of him ; 
and shall deliver all journals, records, papers and docu- 
ments, and other things entrusted to him as city clerk, to 
his successor in office. He shall also perform all the duties 
and exercise all the powers by law incumbent upon or 
vested in clerks of towns of this Commonwealth. He 
shall be clerk of the board of aldermen ; shall attend said 
board when the same is in session, and keep a journal of 



Compensation 
of police, etc., 
to be iixed by 
concurrent vote. 

Appointments 
by mayor and 
aldermen. 



Sittings to be 
public. 



Election of city 
clerk, treasurer, 
etc., by joint 
ballot in con- 
vention. 



Compensation 
to be fixed by 
concurrent vote . 



City clerk to 
have charge of 
records of city. 



To be clerk of 
board of alder- 
men. 



olO 



1881. — Chapter 192. 



Clerk pro 
tempore. 

Overseers of the 
poor. 



Vacancies to be 
filled by joint 
ballot of city 
council. 



Compensation. 



Assessors of 
taxes. 



Vacancies to be 



its acts, votes and proceedings ; also of the city council 
when in convention. He shall engross all the ordinances 
passed by the city council in a book provided for that pur- 
pose, and shall add proper indexes, which book shall be 
deemed a public record of such ordinances ; and he shall 
perform such other duties as shall be prescribed by the 
board of aldermen. In case of the temporary absence of 
the city clerk, the mayor, by and with the advice and con- 
sent of the board of aldermen, may appoint a clerk pro 
tempore., who shall be duly qualified. 

Section 16. The board of overseers of the poor in the 
city of Brockton shall consist of three meml)ers, residents 
of the city, and of the mayor and city marshal who shall 
be ex officio members of the board. The mayor shall be 
ex officio chairman of the board. The city council shall 
elect by joint ballot, in convention, as soon after their 
organization as may be convenient, three persons to be 
members of the board of overseers of the poor, one for 
one year, one for two years and one for three years ; and 
thereafter the "city council shall annually, as soon after 
their organization as may be convenient, elect in the same 
manner one person to hold office for the term of three 
years. But no more than one of the three members so to 
be elected shall be eligible from any one ward of said city. 
Vacancies occurring in the board may be filled by joint 
ballot of the city council at any time, the members so 
elected to hold office only for the unexpired term of the 
member who has ceased to hold office. The city council 
may at any time remove members of said board from office 
for cause. The board shall be organized annually on the 
third Monday in January. The compensation of the 
overseers of the poor shall be fixed by concurrent vote of 
the city council. 

Section 17. The city council elected in December, in 
the year eighteen hundred and eighty -one, shall, as soon 
after their organization as may be convenient, elect by 
joint ballot in convention three persons to be assessors of 
taxes, one for three years, one for two years and one for 
one year ; and thereafter the city council shall annually, 
as soon after their organization as may be convenient, elect 
in the same manner one person who shall hold his office 
for the term of three years next ensuing, and until another 
shall be elected and qualified in his stead. The persons 
so elected siiall constitute the board of assessors, and shall 
exercise the powers and be subject to the liabilities and 
duties of assessors in towns. Vacancies occurring in the 



1881. — Chapter 192. 



511 



board may be filled by joint ballot of the city council at 
any time, the member so elected to hold office only for the 
unexpired term of the member who has ceased to hold 
office. All taxes shall be assessed, apportioned and col- 
lected in the manner prescribed by the general laws of the 
Commonwealth : provided, however, that the city council 
may establish further or additional provisions for the col- 
lection thereof. The compensation of the assessors shall 
be fixed by concurrent vote of the city council. 

Section 18. The qualified voters of each ward, at 
their respective annual ward meetings for the choice of 
officers, shall elect by ballot one person in each ward, who 
shall be a resident of said ward, to be an assistant assessor; 
and it shall be the duty of the persons so chosen to fur- 
nish the assessors with all necessary information relative 
to persons and property taxable in their respective wards ; 
and they shall be sworn to the faithful performance of 
their duty. Their compensation shall be fixed by concur- 
rent vote of the city council. 

Section 19. The city council elected in December in 
the year one thousand eight hundred and eightj'-one, shall, 
as soon after their organization as may be convenient, 
elect by joint ballot in convention three persons to act as 
water commissioners, one for three 3'ears, one for two years 
and one for one year ; and thereafter the city council shall 
annually, as soon after their organization as may be con- 
venient, elect in the same manner one person who shall 
hold his office for the term of three years next ensuing, 
and until another shall be elected and qualified in his 
stead. Vacancies occurring in the commission may be 
filled by joint ballot of the city council at any time. The 
city council may at any time remove any member of said 
commission from office for cause. The compensation of 
the water commissioners shall be fixed by concurrent vote 
of the city council. 

Section 20. The city council may establish a fire de- 
partment for said city, to consist of a chief engineer, and of 
as many assistant engineers, engine-men, hose-men, hook- 
and-ladder-men and assistants, as the city council by ordi- 
nance shall from time to time prescribe ; and said council 
shall have authority to fix the time of their appointment 
and the term of their service, to define their office and 
duties, and in geneial to make such regulations concerning 
the pa}^ conduct and government of such department, the 
management of fires, and the conduct of persons attending 
fires, as they may deem expedient, and may fix such pen- 



filleil by joint 
ballot of city 
council. 



Compensation. 



Assistant 
assessors. 



Compensation. 



Water 
commissioners. 



Vacancies. 



Compensation 



Fire depart- 
ment. 



512 



1881. — Chapter 192. 



To be appointed 
by mayor and 
aldermen. 



Engineers to be 
flrewards. 



Subordinate 
officers. 



School 
committee. 



Mayor to be 
chairman of 
board. 



Vacancies. 



alties for any violation of such regulations, or any of them, 
as are provided for the breach of the ordinances of said 
city. The appointment of all the officers and members of 
such department shall be vested in the mayor and alder- 
men exclusively, who shall also have authority to remove 
from office any officer or member, for cause, in their 
discretion. The engineers so appointed shall be the fire- 
wards of the city, but the mayor and aldermen may 
appoint additional firewards. The compensation of the 
department shall be fixed by concurrent vote of the city 
council. 

Section 21. The city council shall, in such manner as 
they shall determine, elect or appoint all other subordi- 
nate officers, for whose election or appointment other pro- 
visions are not herein made, define their duties and fix 
their compensation. 

Section 22. The qualified voters of the city, voting in 
their respective wards, shall on the Tuesday next after the 
first Monday of December, in the year one thousand eight 
hundred and eighty-one, elect by ballot, nine persons to 
be members of the school committee, three to be chosen 
for three years, three for two years and three for one year 
from the first Monday in January, in the year one thou- 
sand eight hundred and eighty-two ; and thereafter three 
persons shall be chosen, at each annual meeting, for the 
term of three years from the first Monday of January next 
ensuing ; and the persons so chosen shall, with the mayor, 
constitute the school committee, and have the care and 
superintendence of the public schools. The mayor shall 
be ex officio chairman of the board, and all the rights and 
obligations of the town of Brockton in relation to the 
grant and appropriation of money to the support of the 
schools, and the special powers and authority heretofore 
conferred by law upon the inhabitants of said town, to 
raise money for the support of schools therein, shall be 
merged in the powers and obligations of the city, to be ex- 
ercised in the same manner as over other subjects of taxa- 
tion ; and all grants and appropriations of money for the 
support of schools, and the erection and repair of school- 
houses in said city, shall be made by the city council in the 
same manner as grants and appropriations are made for 
other city purposes. A^acancies occurring in the board 
may be filled by tlie joint ballot of the city council and 
school committee, in convention, the members so chosen 
to hold office only for the remainder of the municipal 
year. 



1881. — Chapter 192. 



513 



Section 23. Should there fail to be a choice of mem- 
bers of the school committee or assistant assessors on 
the day of the annual ward meeting, the meeting shall 
be adjourned from time to time until the election shall 
be completed. 

Section 24. All city and ward officers shall be held 
to discharge the duties of the offices to which they have 
been respectively elected, notwithstanding their removal 
after their election out of their respective wards into 
any other wards of the city ; but a permanent residence 
out of the city shall cause a vacancy to exist in the offices 
to which they were elected. 

Section 25. The city council shall take care that no 
money shall be paid from the treasury unless granted or 
appropriated, and shall secure a just and proper accounta- 
bility by requiring bonds with sufficient penalties, and 
sureties from all persons entrusted with the receipt, cus- 
tody or disbursement of money. They shall have the care 
and superintendence of the city buildings, and the custody 
and management of all city property, with power to let or 
to sell what may legally be let or sold, and to purchase 
property, real or personal, in the name and for the use of 
the city, whenever its interests or convenience may, in 
their judgment, require it. And they shall, as often as 
once a year, cause to be published for the use of the in- 
habitants a particular account of the receipts and expendi- 
tures, and a schedule of city property and of the city 
debts. 

Section 26. The city council shall have the same pow- 
ers in relation to the laying out, acceptance, altering or 
discontinuing of streets and ways, and the assessment of 
damages, which selectmen and inhabitants of towns now 
have by law, all petitions and questions relating to the 
same, however, being first acted on by the mayor and 
aldermen. Any person aggrieved by any proceedings of 
the maj'or and aldermen, or of the city council under this 
provision, shall have all the rights and privileges now al- 
lowed in appeals from the decisions of selectmen or the 
inhabitants of towns. No street or way shall hereafter be 
opened in the city of Brockton over any private land by 
the owners thereof, and dedicated to or permitted to be 
used by the public, of a less width than forty feet, except 
with the consent of said mayor and aldermen in writing, 
first had and obtained for that purpose. 

Section 27. The city council may make ordinances 
with suitable penalties, for the inspection and survey, 

65 



In case of no 
choice of scliool 
committee or 
assistant assess- 
ors, meeting to 
be adjourned. 



Officers to dis- 
charge duties 
notwithstanding 
removal from 
ward. 



City council to 
see that no 
money is paid 
from the treas- 
ury unless 
appropriated. 



To have care of 
public buildings 
and manage- 
ment of city 
property. 



Powers relating 
to laying out 
streets. 



New streets to 
be not less than 
forty feet wide. 



May make ordi- 
nances regulat- 
ing sale of lum- 



5U 



1881. — Chapter 192. 



May make by- 
laws and aniu'X 
penalties there- 
to. 



Proviso. 



bcr, coal, etc. measurement and sale of lumber, wood, hay, coal and 
bark, broug-lit into or exposed in the city for sale, and 
shall have the same powers as the town had in reference to 
the suspension of the laws for the protection and preser- 
vation of useful birds, and of all other laws, the operation 
or suspension of which is subject to the action of the 
towns thereon. The city council may also make all such 
salutary and needful by-laws as towns by the laws of this 
Commonwealth have power to make and establish, and to 
annex penalties not exceeding twenty dollars, for the 
breach thereof, which by-laws shall take effect and be in 
force from and after the time therein respectively limited : 
provided^ hnvever^ that all laws and regulations in force in 
the town of Brockton shall, until they expire by their own 
limitation, or are revised or repealed by the city council, 
remain in force ; and all fines and forfeitures for the breach 
of any by-law or ordinance shall be paid into the city 
treasur3\ 

Section 28. All elections of national, state, county 
and district officers, who are voted for by the people, shall 
be held at meetings of the citizens qualified to vote at such 
elections, in their respective wards, at the time fixed by 
law for these elections respectively. 

Section 29. Fifteen days prior to every election, the 
mayor and aldermen shall make out lists of all the citizens 
of each ward qualified to vote in such elections, in the 
manner in which selectmen of towns are required to make 
out lists of voters ; and for that purpose they shall have 
fall access to the assessors' books and lists, and are em- 
powei'cd to call for the assistance of the assessors, assist- 
ant assessors and other city officers ; and they shall deliver 
the lists so prepared and corrected to the clerks of the 
several wards, to be used at such elections ; and no person 
shall be entitled to vote whose name is not borne on such 
list. A list of the voters in each ward shall be posted in 
one or more public places in each ward. 

Section 30. All power and authority now vested b}^ 
law in the board of health of the town of Brockton, or the 
selectmen thereof, shall be transferred to and vested in a 
board of health to be appointed by the mayor and alder- 
men, as provided in chapter one hundred and thirty-three 
of the acts of the year eighteen hundred and seventy- 
seven, who shall have and exercise all the powers and du- 
ties therein granted. 
Water supply. SECTION 81. The powcr and authority vested in said 
town of Brockton by chapter one hundietl and twenty-four 



Meetings for 
elections in the 
several wards. 



Lists of voters 
to bo furnished 
to ward clerlis. 



Lists to be 
posted in jjublic 
places. 

Board of health. 



1881. — Chapter 192. 515 

of the acts of the year eighteen hundred and seventy-eight, 
entitled "An Act to supply the town of Brockton -with 
pure water," and by the vote of said town accepted, in 
accordance with the provisions of said act, shall continue 
in force. The powers thereby conferred shall be exercised 
by the city council. 

Section 32. General meetings of the citizens qualified General meet, 
to vote may from time to time be held to consult upon the '"^* ° 
public good, to insti'uct their representatives, and to take 
all lawful means to obtain redress for any grievances, ac- 
cording to the right secured to the people by the consti- 
tution of this Commonwealth, and such meetings ma}^ and 
shall be duly warned l)y the mayor and aldermen, upon the 
request in writing, setting forth the purposes thereof, of 
fifty qualified voters. 

Section 33. All acts and parts of acts inconsistent Repeal, 
with this act are hereby repealed : provided, however, that 
the repeal of the said acts shall not affect any act done, 
nor any right accruing or accrued or established, nor any 
suit or proceeding liad or commenced in any civil case, 
before the time when such repeal shall take effect ; and 
that no offence committed, and no penalty or forfeiture 
incurred, under any act hereby repealed, and before the 
time when such repeal shall take effect, shall be affected 
by the repeal; and that no suit or prosecution pending at 
the time of the said repeal for any offence committed, or 
for the recovery of any penalty or forfeiture incurred 
under said acts, shall be affected by such repeal ; and pro- Proviso. 
vided, also, that all persons who, at the time of said repeal 
taking effect, shall hold any office under the said acts shall 
continue to hold the same until the organization of the 
city government contemplated by this charter shall be ef- 
fected completely. 

Section 34. For the purpose of organizing the system First meeting 
of government hereby established, and putting the same of^uy office r^. 
in operation in the first instance, the selectmen of the 
town of Brockton, for the time being, shall issue their 
warrants seven days at least previous to the first Monday 
of December of the present year, calling meetings of the 
citizens of each ward on that day, at such place and hour 
as they may deem expedient, for the purpose of choosing 
a warden, clerk and inspectors of each ward, and all other 
officers whose election is provided for in the preceding 
sections of this act ; and the transcript of the records in 
each ward, specifying the votes given for the several offi- 
cers aforesaid, certified by the warden and clerk of the 



516 



1881. — Chapter 193. 



!^^c■etin2r for 
organization of 
government. 



Subject to ac- 
ceptance within 
one year, by a 
majority vote. 



ward at said first meeting, shall be returned to said select- 
men whose dut}^ it shall be to examine and compare the 
same ; and in case such elections should not be completed 
at the first meeting, then to issue new warrants until such 
elections shall be completed, and to give notice thereof in 
manner before provided to the several persons elected ; and 
at said first meeting a list of voters in each ward, prepared 
and corrected by the selectmen for the time being, shall 
be delivered to the clerk of each ward when elected, to 
be used as herein before provided. After the choice of 
the city officers as aforesaid, or a majority of both boards, 
the selectmen shall appoint a place for their first meeting, 
and shall, by written notice left at the place of residence 
of each member, notify them thereof. And after this first 
election of city officers, and this first meeting for the or- 
ganization of the city council, according to the provisions 
of section nine of this act, as provided for in this section, 
the day of holding the annual elections and the day and 
hour for the meeting of the city council for the purpose 
of organization shall remain as provided in said ninth 
section of this act. It shall be the duty of the city coun- 
cil, immediately after the first organization, to carry into 
effect the several provisions of this act. 

Section 35. This act shall be void unless the inhabit- 
ants of the town of Brockton, at a legal meeting called 
for that purpose, to be held within one year from the pas- 
sage of this act, shall, by a vote of a majority of the voters 
present and voting thereon as hereinafter provided, deter- 
mine to adopt the same. At said meeting the votes shall 
be taken by written or printed ballots, and the polls shall 
be kept open not less than six hours. The selectmen 
shall preside in said meeting, and in receiving said ballots 
shall use the check lists in the same manner as they are 
used in the election of state officers. 

Section 36. This act shall take effect upon its pas- 
sage. Approved April 9, 18S1. 



Chap. 193 An Act to encourage physical exercises in poblic schools. 

Beit enacted, etc., asfolloivs: 

Section 1. Section first of chapter forty-seven of the 
acts of the year eighteen hundred and seventy-six is here- 
by amended by adding at the close of the section the fol- 
lowing sentence : — These exercises may, at the discretion 
of the committee, include calisthenic, gymnastic and mili- 
tary drill, provided that no special instructors shall be em- 



Military drill, 
etc., may be 
taught in 
public schools 



1881. — Chapters 194, 195. 



517 



ployed to teach gymnastics, calisthenics or military drill, 
except by a two-thirds vote of the committee present and 
voting thereon. But no pupil shall be required to take PupUnot 

,V -tj '^ . ^ . iV- i obliged to take 

part in any muitary exercise in case he, his parent or pan in miliary 
guardian, notify the school committee that he or such exercise, 
parent or guardian has conscientious scruples against such 
exercise or believes it would be injurious to the health of 
said pupiL 

Section 2. The action of the school committee of any Action of school 

... . • T .lI • A* •!• connraittees 

city or town, in causing calisthenics, gymnastics or mih- ratified. 
tary drill to be taught in the public schools thereof, is rati- 
fied, confirmed and made valid to the same extent as if 
this act had passed prior to such teaching. 

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

Approved April 11, 1881. 



Ax Act relative to the employment by railroad compa- 
nies OF persons affected with defective sight or color 

BLINDNESS. 

Be it enacted, etc., as follows : 

Section 1. No railroad company shall employ or keep 
in its employment any person in a position which requires 
him to distinguish form or color signals, unless such per- 
son within two years next preceding has been examined 
for color blindness or other defective sight, by some com- 
petent person employed and paid by the railroad company, 
and has received a certificate that he is not disqualified 
for such position by color blindness or other defective 
sight. Every railroad company shall require such em- 
ploye to be re-examined at least once within every two 
years, at the expense of the railroad company. 

Section 2. A railroad company shall be 
fine of one hundred dollars for each violation 
ceding section. 

Section 3. This act shall take effect on the first day 
of July next. Approved April 11, 1881. 



Chap. 194 



Railroad em- 
ployes to be 
examined for 
color blindness. 



liable to a 
of the pre- 



Penalty on rail- 
road companies 
for violation. 



An Act to amend "an act relating to the inspection of CA«p. 195 

FACTORIES AND PUBLIC BUILDINGS." 

Be it enacted, etc., as follows: 

Section 1. Section eight of chapter two hundred and penalty for 
fourteen of the acts of the year eighteen hundred and visions"ot^'°" 
seventy-seven is hereby amended by striking out all of 1877,214. 
said section after the word "person," in the first line, and 
substituting therefor the words " firm or corporation being 
the owner, lessee or occupant of any manufacturing es- 



518 1881. — Chapter 196. 

tablishment, and any person, firm or corporation owning 
or controlling the use of any building or room mentioned 
in the fifth section of this act, shall for any violation of 
the provisions of this act forfeit to the use of the Com- 
monwealth not less than fifty nor more than five hundred 
dollars, to be recovered on complaint or indictment in any 
Liability for court of Competent jurisdiction, and shall also be liable 
.images. £^^ ^ji damages suffered by any employee by reason of 

such violation ; but no prosecution shall be made for such 
violation, until after four weeks notice in writing by an 
inspector shall have been sent by mail to such person, 
firm or corporation of any changes necessary to be made 
to comply with the provisions of this act, nor then, if in 
the meantime such changes shall have been made in ac- 
cordance with such notification. Nothing in tiiis section 
shall be construed to prohibit any person injured from 
bringing an action to recover damages for said injuries." 
Section 2. This act shall take effect upon its passage. 

Approved April 11, 188 1. 

Chop. 196 -A.N Act in relation to the boundaries of cities and 

TOWNS bordering UPON THE SEA. 

Beit enacted^ etc., as foUoivs : 
Towns, and SECTION 1. The boundaries of cities and towns bor- 

on'tbe"eoa.'"''"^ dcriug upon the sea shall extend to the line of the Com- 
monwealth as the same is defined in section one of chap- 
ter one of the General Statutes. 
Boundaiies to SECTION 2. The harbop and land commissioners shall 

harborand^and locatc aiid define the courses of the boundary lines be- 
comnjis8ioner«. twecu adjacGiit cltics and towns bordering upon the sea 
and u[)on arms of the sea from high water mark outward 
to the line of the Commonwealth as defined in said section 
one, so that the same shall conform as nearly as may be 
to the course of the boundary lines between said adjacent 
Report to be cities aud towns on the land ; and they shall file a repoit 
of'doe"diyand^ of their doings with suitable plans and exhibits, showing 
office!'*'^'* the boundary lines of any town by them located and de- 

fined, in the registry of deeds in which deeds of real estate 
situated in such town are required to be recorded, and 
also in the office of the secretary of the Commonwealth. 
Surveyors and SECTION 3. Said Commissioners aie hereby authorized 

cieHcai assist- ^^ euiploy, witli thc approval of the governor and council, 
surveyors and clerical assistance so far as may be ncces- 
saiy to carry out the provisions of this act, at an expense 
not exceeding five liundrt-d dollars. 

Approved April 11, 18S1. 



1881. — Chapter 197. 



519 



An Act to autuokize the cokstuuction of the chaules 

kiveu promenade. 
Be it enacted^ etc., as folloios : 

Section 1. The city of Boston is authorized to lay 
out and construct continuously or in sections, from time 
to time, and to maintain for public use, a plank way or 
sidewalk of a width not exceeding fifteen feet, over the 
waters of Charles River outside and adjoining the sea wall 
now constructed between Berkeley Street extended, and a 
point near Hereford Street extended, and outside and ad- 
joining any sea wall that may be constructed to the new 
park in extension of said sea wall already built: jyrovided, 
however, that with the assent of the harbor and land com- 
missioners such plank way or sidewalk may be laid out, 
constructed and maintained as aforesaid to a width not 
exceeding twent}^ feet. 

Section 2. The cit}^ of Boston is authorized to make 
all such reasonable rules and regulations in regard to such 
sidewalk or promenade and the access to the water there- 
from and from the water thereto, as may be expedient 
and proper ; to appoint all necessary officers and agents to 
enforce sucli rules and regulations, and to construct and 
maintain for the public use in connection with such side- 
walk or prumenade suitable landing places. 

Section 3. Any real estate in the city of Boston, 
which in the opinion of the board of street commissioners 
of said city shall receive any benefit and advantage from 
the laying out of such sidewalk or promenade or any 
sections of the same under the provisions of this act be- 
3'ond the general advantages to all real estate in the city 
of Boston, may, after like notice to all parties interested 
as is provided by law to be given by said board in cases 
of laying out streets in said city, be assessed by said 
board for a proportional share of the expense of such 
laying out: provided, that the entire amount so assessed 
upon any estate shall not exceed one-half of the amount 
which said board shall adjudge to be the whole bene- 
fit received by it. All general laws in relation to the 
assessment of damages and betterments in the case of the 
laying out of a street, highway or otlier way in the city of 
Boston shall be iipplicable to the laying out of the way 
herein authorized. 

Section 4. In the exercise of the powers granted hj 
this act the city of Boston shall be subject to the provis- 
ions of the four hundred and thirty-second chapter of the 
acts of the year eighteen hundred and sixty-nine and all 
general laws ap[)licable thereto. 



ChapA^l 



City may con- 
struct plank 
wny over waters 
of Cliailes 
Hivur. 



Proviso. 



Maj' make rules 
concerning use 
of walk. 



Landing places. 

Assessments for 
betterments. 



Proviso. 



Subject to 1869, 
432, and gen- 
eral laws appli- 
cable. 



520 



1881. — Chapter 198. 



Extension or SECTION 5. WIiGD the pUiik waj 01 siclewalk liereiii 

tiguou8"to^vater aiithoiizecl shall have been laid out by said city and con- 
permiuVd. ^'^ structcd as herein provided, the Commonwealth will not 
authorize any person or corporation to construct any ex- 
tension or erection from or contiguous to the water line of 
said way or walk. 

Section 6. This act shall take effect on its acceptance 
by the city council of the city of Boston. 

Approved April 11, IS SI. 



Chap. 198 An Act to incorporate the Massachusetts dairy company. 



Corporators. 



Name and 
purpose. 



Powers and 

duties. 



Capital stock 
and shares. 



Stockholders to 
have preference 
in purchase of 
shares. 



Directors, ex 
officio. 



Be it enacted., etc., as folloios: 

Section 1. William A. Warner, Elbridge Cushman, 
George M. Baker, Edward P. Smith, S. R. Damon and 
John T. Ellsworth, their associates and successors, are 
hereby incorporated as " The Massachusetts Dairy Com- 
pany," for the purpose of buying milk, and selling, ped- 
dling and distributing the same in Boston or elsewhere, or 
for the purpose of manufacturing butter and cheese, or 
any other product from milk, and selling the same ; with 
all the powers and privileges, and subject to all the duties, 
restrictions and liabilities set forth in all general laws 
which now are or hereafter may be in force relating to 
corporations, except as herein otherwise expressly pro- 
vided. 

Section 2. The capital stock of said company shall be 
two hundred thousand dollars, divided into shares of a par 
value of ten dollars each, and all of said capital shall be 
subscribed, and not less than twenty-five thousand dollars 
of the same paid in, in cash, before said company shall 
begin business ; but no subscriber shall in any way be 
holden for more than the full amount of the capital stock 
for which he may have subscribed. 

Section 3. No share of stock of said company shall be 
sold by the owner without first offering it to the stock- 
holders, through the treasurer, who shall notify the stocks 
holders that stock in the company is for sale, and if not 
purchased by any stockholder at the market value within 
fifteen days after it shall have been offered, then the same 
may be sold by the owner in open market or otherwise. 

Section 4. The chairman of the state board of health, 
lunacy and charity, and the chairman of the board of 
liealth of the city of Boston, shall be ex officio members of 
the board of directors of said company, and each entitled 
to a vote in its manaefement. 



1881. — Chapter 199. 



521 



Liability of rail- 
road corpora- 
tion for loss of 
life of passen- 
gers through 
negligence. 



Section 5. This company shall be subject to all laws subject to state 
and regulations, both state and municipal, relating to the ?a"we™"°'*^'^''^ 
sale of milk or milk products, or venders of the same. 

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

Approved April 11, 1881. 

An Act providing for the trial of actions against railroad Chap. 199 

CORPORATIONS, COMMON CARRIERS AND TOWNS FOR LOSS OF LIFE 
BY NEGLIGENCE. 

Be it enacted, etc., as follows : 

Section 1. If by reason of the negligence or careless- 
ness of a railroad corporation, or of the unfitness or gross 
negligence or carelessness of its servants or agents, while 
engaged in its business, the life of any person, being a pas- 
senger, is lost ; or the life of any person, being in the ex- 
ercise of due diligence, and not being a passenger or in 
the employment of such corporation, is lost, — in either 
case the corporation shall be liable in damages not exceed- 
ing five thousand dollars, nor less than five hundred 
dollars, to be assessed with reference to the degree of 
culpability of said corporation or of its servants or agents 
and to be recovered in an action of tort, b}^ the executor or 
administrator of the deceased person for the use of the 
widow and children of the deceased, in equal moieties ; 
but if there are no children, to the use of the widow, or if 
no widow, to the use of the next of kin : provided, that the 
corporation shall not be so liable for the loss of life by any 
person while walking or being upon its road contrary to 
law or the reasonable rules and regulations of the corpora- 
tion. 

Section 2. If a person is injured in his person or prop- 
erty by collision with the engines or cars of a railroad cor- 
poration at a crossing such as is described in section one 
hundred and twenty-three of chapter three hundred and 
seventy-two of the acts of the year eighteen hundred and 
seventy-four, and it appears that the corporation neglect- 
ed to give the signals required by said section, and that 
such neglect contributed to the. injury, the corporation 
shall be liable for all damages caused by the collision ; and 
in case the life of a person so injured is lost the corpora- 
tion shall be liable in damages recoverable as provided in. 
the preceding section of this act, unless it is shown that in 
addition to the mere want of ordinary care the person in- 
jured or the person having charge of the person or prop- 
erty injured was at the time of the collision guilty of gross 
or wilful negligence, or was acting in violation of law, and 

b6 



Proviso. 



Injuries by col- 
lisions at cross- 



522 



1881. — Chapter 200. 



Liability of 
owners of 
steamboat or 
8tage-coach. 



Common car- 
riers of pas- 
sengers. 



Loss of life 
througli defect 
In highway. 



Actions to be 
commenced 
within one year. 



Additional to 
remedy pro- 
vided by 1874, 
.S72, §§ 163, 164. 



such gross or wilful negligence or unlawful act contrib- 
uted to the injury. 

Section 3. If the life of any person, being a passen- 
ger, is lost by reason of the negligence or carelessness of 
the proprietor or proprietors of any steamboat or stage- 
coach, or of common carriers of passengers, or by the 
unfitness or gross negligence or carelessness of their ser- 
vants or agents, such proprietor or proprietors and com- 
mon carriers shall be liable in dama^ces not exceeding^ five 
thousand dollars nor less than five hundred dollars, to be 
assessed and recovered in an action of tort, in the manner 
and to the uses provided in section one. 

Section 4. If the life of a person is lost hy reason of 
a defect or want of repair of a highway, town way, cause- 
way or bridge, or for want of suitable rails on such way 
or bridge, the county, town, or person by law obliged to 
repair the same shall be liable in damages not exceeding 
one thousand dollars, to be assessed and recovered in an 
action of tort, in the manner and to the uses provided in 
section one: provided, that the county, town, place, or 
person had previous reasonable notice of the defect or 
want of repair of such way or bridge. 

Section 5. No action shall be prosecuted under this 
act unless it be begun within one year from the injury 
causing the death. 

Section 6. The remedy provided by this act shall be 
additional to the remedy provided by sections one hundred 
and sixty-three and one hundred and sixty-four of chapter 
three hundred and seventy-two of the acts of the year 
eighteen hundred and seventy-four; but no executor or 
administrator shall avail himself of more than one of these 
remedies for the same cause. Approved April 12, 1881. 



Chap. 200 



Charter revised. 



An Act to revise and consolidate the charter of the city 

of chelsea. 

Be it enacted, etc., as foUoios : 

Section 1. The inhabitants of the city of Chelsea, for 
all the purposes for which towns and cities are by law 
incorporated in this Commonwealth, shall continue to be 
a body politic and corporate, in fact and in name, under 
the style and denomination of "The City of Chelsea," 
and as such shall have, exercise and enjoy all the rights, 
immunities, powers and privileges, and shall be subject to 
all the duties and obligations now incumbent upon and 
appertaining to said city as a municipal corporation. 



1881. — Chapter 200. 



523 



Section 2. The administration of all the fiscal, pru- 
dential and municipal affairs of the said city, with the 
government thereof, shall be vested in one municipal offi- 
cer, to be called the mayor; one council of eight, to be 
called the board of aldermen ; one council of twenty, to 
be called the common council ; which bodies in their joint 
capacity shall be called the city council ; and the members 
thereof shall be sworn to the faithful performance of the 
duties of their respective offices. A majority of each 
board shall constitute a quorum for doing business. 

Section 3. The city council may, in the year eighteen 
hundred and eighty-five, and not oftener than once in five 
years thereafter, revise and if needful make a new division 
of the city into such number of wards, not less than four, 
as said council shall deem the interests of the city may 
require ; and the said wards shall be so constituted as to 
contain, as nearly as may be consistent with well defined 
limits to each ward, an equal number of qualified voters 
in each ward, according to a census of voters which shall 
be taken in the month of May in said years; and until 
such revision be made the boundary lines of the wards of 
the said city shall remain as now established: provided, 
that in case the number of said wards shall be increased, 
each ward shall be entitled to five common councilmen. 

Section 4. The election of municipal officers shall 
take place on the Tuesday next after the first Monday of 
December, annually ; and the municipal year shall begin 
on the first Monday of January following. All meetings 
of the citizens for municipal purposes shall be called by 
warrants issued by the mayor and aldermen, which shall be 
in such form, and be served, executed and returned in such 
manner and at such times as the city council may by ordi- 
nance direct. 

Section 5. On the Tuesday next after the first Monday 
in December, annually, there shall be elected by ballot, in 
each of said wards, a warden, clerk and three inspectors of 
elections, who shall be different persons, residents in the 
ward, who shall hold their offices one year, and until others 
shall be elected and qualified in their stead. Said wardens 
shall preside at all ward meetings, witli the powers of 
moderators at town meetings ; and if at any meeting the 
warden is not piesent, the clerk of the ward shall call 
the meeting to order and preside until a warden pro tem- 
pore is elected by ballot ; if both the warden and clerk 
are absent, the senior in age of the inspectors present shall 
call the meeting to order and preside until a warden and 



Government 
vested in mayor 
and city council. 



New division of 
wards. 



Proviso. 



Election to be 
held on Tuesday 
after first Mon- 
day of Decem- 
ber. 



Election of 
ward officers 



524 



1881. — Chapter 200. 



Officers to be 
sworn. 



Mayor elected 
by voters at 
large. 



Eight aldermen 
elected at large. 



Five common 
council men 
elected in each 
ward. 



School commit- 
tee, three from 
each ward. 



clerk joro tempore are so elected ; and if all said officers are 
absent, any legal voter in said ward may preside until a 
warden pro tempore is so elected. When any ward officer 
is absent or neglects to peform his duty his office shall be 
filled pro temp)ore in like manner. The clerk shall record 
all the proceedings and certify the votes, and deliver to his 
successor in office all the records, journals, documents and 
papers held by him in his said capacity. The clerk and 
inspectors shall assist the warden in receiving, assorting 
and counting the votes. All of said officers shall be 
sworn to a faithful disharge of their duties, said oath to be 
administered by the clerk to the warden, and by the warden 
to the clerk and to the inspectors, or to either of said offi- 
cers by any justice of the peace. Certificates of such 
oaths shall be made by the clerk upon the ward records. 
The compensation of the ward officers shall be fixed by 
concurrent vote of the city council. 

Section 6. The mayor shall be elected by the qualified 
voters of the city at large, voting in their respective wards. 
He shall be an inhabitant and qualified voter of the city, 
and shall hold his office for the municipal year next follow- 
ing his election, and until another shall have been elected 
and qualified in his place. 

Section 7. Eight aldermen shall be elected by the 
qualified voters of the city at large, voting in their respec- 
tive wards, who shall also be inhabitants and qualified 
voters of the city, and shall hold their offices for the 
municipal year next following their election, and until a 
majority of the new board shall be elected and qualified 
in their places. 

Section 8. Five common councilmen shall be elected 
by and from the voters of each ward, and shall, at the 
time of their election, be residents of the wards respec- 
tively in which they are elected ; they shall hold their of- 
fices for the municipal year next following their election, 
and until a majority of the new board shall be elected and 
qualified in their places. 

Section 9. The school committee shall consist of thir- 
teen persons, three persons elected from each ward, and the 
mayor who shall be ex officio a member of said board. The 
persons heretofore elected as members of the school commit- 
tee may continue in office according to the tenure thereof. 
At each annual election for municipal officers hereafter, the 
qualified voters of each ward shall elect one person, being an 
inhabitant of said ward, to serve as a member of the school 
committee for the term of three municipal years from the 



1881. — Chapter 200. 525 

first Monday of Januaiy next following such election. 
The school committee shall be the final judges of the qualifi- 
cations and election of their own members. If the number 
of wards shall at any time be increased, the city council 
may by ordinance increase the school committee so that 
each additional ward shall be entitled to three members 
thereof. The school committee shall have all the powers 
vested in school committees by the laws of the Common- 
wealth. A majority of the members of said board shall 
constitute a quorum for the transaction of business. Va- vacancies, 
cancies occurring in the board may be filled for the re- 
mainder of the municipal year by the joint ballot of the 
city council and school committee, and for the unexpired 
term thereafter shall be filled at the first municipal election 
after such vacancies occur. 

Section 10. On the Tuesday next after the first Mon- Election of 
day in December, annually, the qualified voters in each JJ'fflcwLr' 
ward shall give in their votes for mayor, aldermen, com- 
mon councilmen, school committee, and ward officers as 
herein before provided ; and all the votes so given shall be 
assorted, counted, declared and registered in open ward 
meeting, by causing the names of persons voted for, and 
the number of votes given for each, to be written in the 
ward records in words at length. The clerk of the ward 
within forty-eight hours after election shall deliver to the to be notified 
persons elected common councilmen and school committee °^ «'«<=""■>• 
certificates of their election, signed by the warden and 
clerk and a majority of the inspectors of elections, and 
shall deliver to the city clerk a copy of the records of such 
elections, certified in like manner : provided, that in all 
cases the persons having the greatest number of votes for 
their respective offices shall be deemed and declared to be 
elected ; and if the choice of common councilmen and 
school committee shall not be effected on that day, by 
reason of two or more persons having received an equal 
number of votes for the same office, the meeting may be ad- 
journed from time to time to complete such election. The 
boai'd of aldermen shall, as soon as conveniently may be, 
and in the manner provided by law, examine the copies of 
the records of the several wards, certified as aforesaid, and 
shall also, in the manner provided by law, cause the person 
that shall have received the greatest number of votes for 
mayor, and the persons that shall have received the great- 
est number of votes for aldermen, to be notified in writing 
of their election ; but if it shall appear that no person has Proceedings in 
been elected mayor by reason of two or more having re- foiMnlyo"? ''"'"" 



526 



1881. — Chapter 200. 



In case of de- 
cease or resigna- 
tion of mayor. 



Organization of 
common coun- 
cil. 



President of the 
board of alder- 
men to preside 
in the abscDce 
of mayor. 



ceived an equal number of votes, or if the person so elected 
mayor shall refuse to accept the office, the board shall issue 
their warrants for a new election, and the same proceed- 
ings shall be had as are herein before provided for the 
choice of a mayor, and repeated from time to time until a 
mayor shall be chosen ; and so in the choice of aldermen, 
if it shall appear that a full board has not been elected by 
reason of two or more persons having received an equal 
number of votes, or if any person or persons so elected 
aldermen shall refuse to accept the office, the mayor and 
aldermen shall in like manner issue their warrants for a 
new election to fill vacancies thus occurring, and like pro- 
ceedings shall be had until a full board shall be elected. 
In case of the decease or resignation of the mayor or of 
his inability to perform the duties of his office, the boards 
of aldermen and common council shall respectively by vote 
declare that a vacancy exists, and the cause thereof; where- 
upon the two boards shall meet in convention and elect a 
mayor to fill such vacancy ; and the mayor thus elected 
shall hold his office until the inability causing the vacancy 
shall be removed, or until a new election, which may be 
ordered by the board of aldermen. The oath prescribed 
by this act shall be administered to the mayor by the city 
clerk, or any justice of the peace. The aldermen and 
councilmen elect, shall, on the first Monday in January, at 
ten o'clock in the forenoon, meet in convention, when the 
oath required by this act shall be administered to the mem- 
bers of the two boards present by the mayor, or in case of 
his absence by the city clerk ; and a certificate of such oath 
having been taken shall be entered on a journal of the 
mayor and aldermen and of the common council by their 
respective clerks. After the oath has been administered 
as aforesaid the two boards shall separate, and the common 
council shall be organized by the choice of one of their 
own members as president, and also of a clerk not one of 
their own members, who shall be sworn to the faithful per- 
formance of their duties. In case of the absence of the 
ma3'OT elect, on the first Monday in January, the city gov- 
ernment shall organize itself in the manner herein before 
provided, and may proceed to business in the same manner 
as if the mayor was present ; and the oath of office may 
be administered to the mayor at any time thereaiter in a 
convention of the two branches. The board of aldermen 
shall elect one of their members to preside at all meet- 
ings of the board when the mayor does not preside, who 
shall be called the chairman of the board of aldermen, 



1881. — Chapter 200. 



527 



who shull hold office during the municipal year for which 
he is elected. In the absence of both the mayor and chair- 
man of the board of aldermen, tlie aldermen shall elect one 
of their members as chairman for the time being. In the ab- 
sence of the mayor the chairman of the board of aldermen 
shall preside at all conventions of the city council. Each 
board shall keep a record of its own proceedings, and judge 
of the election of its own members ; and in case of the fail- 
ure of an election, or in case of any vacancy, declared by 
either board, the mayor and aldermen shall order a new 
election. 

Section 11. The mayor thus chosen and qualified shall 
be the chief executive officer of the said city ; it shall be his 
duty to be vigilant in causing the laws and regulations of 
the city to be enforced, and to exercise a general super- 
vision over the conduct of all subordinate officers, and to 
cause their neglect of duty to be punished ; he may call 
special meetings of the boards of aldermen and common 
council, or either of them, when necessary in his opinion, 
by causing written notices to be left at the places of resi- 
dence of the several members; he shall communicate from 
time to time to both of them such information, and recom- 
mend such measures, as in his opinion the interests of 
the city may require ; he shall when present preside in the 
board of aldermen, and in convention of the two boards. 

Section 12. The executive power of the said city gen- 
erally and the administration of the police, with all the 
powers formerly vested in the selectmen of Chelsea, and 
heretofore vested in the ma3'or and aldermen of the city of 
Chelsea, shall continue to be vested in, and exercised 
by, the mayor and aldermen of said city as fully as if the 
same were herein specially enumerated. The mayor shall 
receive such compensation for his services as the city coun- 
cil may from time to time by ordinance determine ; but the 
amount of such compensation shall not be increased or 
diminished during the term for which he shall have been 
elected, and he sliall receive no other compensation or 
emolument whatever. The members of the board of alder- 
men and common council shall receive no compensation. 
The mayor and aldermen shall have full and exclusive 
power to appoint constables, and a chief of police with all 
the powers and duties of a constable ; and shall have full 
and exclusive power and authority to appoint all other 
police and all subordinate officers connected with the police 
department, whose election is not herein provided for, with 
all or any of the powers of constables except the power of 



Mayor to be 
cliief executive 
olHcer of the 
city. 



CompcnsatioO 
of mayor. 



Aldermen and 
common coun- 
cilmen to receive 
no compensa- 
tion. 

Constables and 
police officers, 
to be appointed 
by mayor and 
aldermen. 



528 



1881. — Chapter 200. 



May be required 
to give bonds. 



Election of city 
clerli, treasurer, 
etc., by concur- 
rent vote. 



Sittings to be 
public, except 
when engraged 
in executive 
business. 



Account of 
receipts and 
expenditures to 
be publislied 
unniially. 



serving and executing civil process ; and the same to remove 
at pleasure, and all such officers shall continue in office until 
their successors are appointed or they are removed. And 
the mayor and aldermen shall require anv person who may 
be appointed chief of police or constable of the city, to give 
bonds for the faithful discharge of the duties of the office, 
with such security and to such amount as they may deem 
reasonable and proper, and as provided by the laws of the 
Commonwealth ; upon which bonds the like proceedings 
and remedies may be had as are by law provided in the 
case of constables' bonds taken by the selectmen of towns. 
All other powers now vested in the inhabitants of the said 
city, and all powers granted by this act, shall be vested in 
the mayor and aldermen and common council of the said 
city, to be exercised by concurrent vote, each board to have 
a negative upon the other ; but the city council shall annu- 
ally as soon after their organization as may be convenient, 
elect by concurrent vote of both branches of said council, 
a city treasurer, collector of taxes, assessors, and city clerk, 
who shall hold their offices until others are elected and 
qualified in their stead, and shall, in such manner as the 
city council may determine, by ordinance made for the 
purpose, appoint or elect all subordinate officers not herein 
otherwise directed, for the then ensuing year, define their 
duties, and fix their compensations, in cases where such 
duties and compensations shall not be defined and fixed by 
the laws of the Commonwealth. In case any vacancy shall 
occur in any office, the election to which is made by the city 
council, said council shall have power to fill the same. All 
sittings of the mayor and aldermen, of the city council, and 
of the common council, shall be public when they are not 
engaged in executive business. The city council shall take 
care that money shall not be paid from the treasury unless 
granted or appropriated ; shall secure a just and prompt 
accountability, by requiring bonds, with sufficient penalty 
and sureties, from all persons intrusted with the receipt, 
custody, or disbursement of money ; shall have the care 
and superintendence of city buildings, and the custody and 
management of all city pioi)erty, with power to let or sell 
what may be legally let or sold ; and to i)uichase property 
real or {personal, in the name and for the use of the city, 
whenever its interest or convenience may in their judgment 
require it. The city council shall as often as once a year 
cause to be published for the use of the inhabitants a 
particular account of receipts and expenditures, and a 
schedule of all the property and debts of the city, together 



1881. — Chapter 200. 



529 



with such other information as said city council may deem 
advisable. 

Section 13. In all cases in which appointments are 
directed to be made by the mayor and aldermen, the 
mayor shall have the exclusive power of nomination, being 
subject however to confirmation or rejection by the board 
of aldermen ; but if a person so nominated shall be re- 
jected, it shall be the duty of the maj^or to make another 
nomination within one month from the time of such 
rejection. No person shall be eligible to any office of 
emolument, the salary of which is payable out of the city 
treasury, who, at the time of an election or appointment, 
shall be a member of the city council. 

Section 14. The city clerk before entering upon the 
duties of his office shall be sworn to the faithful perform- 
ance of his duties. He shall be clerk of the board of 
aldermen, shall attend said board when the same is in ses- 
sion, and shall keep a journal of the acts and proceedings 
of said board, sign all warrants issued by them, and do 
such other acts in his capacity as may lawfully and rea- 
sonably be required of him ; and shall deliver all journals, 
records, papers and documents, and other things intrusted 
to him as city clerk, to his successor in office, immediately 
upon such successor being chosen and qualified as afore- 
said, or whenever he may be thereto required by the board 
of aldermen. He shall also be clerk of the city council 
when in convention. He shall perform all the duties and 
exercise all the powers by law incumbent upon or vested 
in clerks of towns in this Commonwealth, or by law be- 
longing to the cit}^ clerk of the city of Chelsea, as fully as 
if the same were particularly enumerated; and he may be 
removed at the pleasure of the city council. In case of 
the temporary absence or sickness of the city clerk, or in 
case of his death, the mayor and aldermen may appoint a 
city clerk fro tevipore^ with all the powers, duties and ob- 
ligations of the city clerk, until the city clerk shall resume 
his duties, or his successor is elected, and said officer shall 
be sworn in the manner provided in the case of the city 
clerk. 

Section 15. The assessors, to be chosen as herein be- 
fore provided, shall constitute the board of assessors, and 
shall exercise the same powers, and be subject to the same 
duties and liabilities, that the assessors in the several 
towns in the Commonwealth may exercise, or are subject 
to under existing laws, and shall be sworn to the faithful 
performance of their duty. All taxes shall be assessed, 
t>7 



Nominations 
made by tVie 
mayor subject 
to confirmation: 
by aldermen. 



City clerk to be 
sworn. 

Duties. 



To be clerk of 
city council 
wben in 
convention. 



City clerk, 
pro Umijore- 



Assi.'ssors of 
taxes. 



530 



1881. — Chapter 200. 



Fire department 
to be estab- 
lished. 



Power and 
authority of 
engineers. 



apportioned, and collected, in the manner prescribed by 
the laws of this Commonwealth : provided^ however^ that 
the city council may establish further or additional provis- 
ions for the collection thereof. 

Section 16. The city council shall establish a fire de- 
partment for the city of Chelsea, and shall by ordinance 
provide for the appointment or election of the force there- 
of, to consist of a chief engineer, a superintendent of fire 
alarm telegraph, and so many assistant engineers, and so 
many enginemen, hosemen, hook and ladder men, and 
such other officers and members however otherwise termed, 
as the city council shall from time to time prescribe, and 
the same to remove at pleasure, and all said officers and 
members shall continue in office until their successors are 
appointed, or they are removed; and the city council shall 
have authority to make such provisions in regard to the 
time of appointment of all such officers and members, to 
make such requisitions in respect to their qualifications 
and period of service, to define their office and duties, to 
fix and pay such compensation for their services, and in 
general to make such regulations in regard to their con- 
duct of fires, and persons attending fires, subject to the 
penalties provided for the breach of the city ordinances, as 
they shall deem expedient. The engineers of the fire de- 
partment shall have the powers and authority in regard to 
the prevention and extinguishment of fires, and the per- 
formance of other offices and duties incumbent upon fire- 
wards and engineers of fire departments by the statutes of 
the Commonwealth; and shall also have full power and 
authority to make an examination of places wliere any 
kind of combustible or inflammable materials are collected 
or deposited, whether the same be in any building, or upon 
any land or premises, within the limits of the city, and in 
case of the production or accumulation by any person or 
party whatsoever, of such combustible and inflammable 
materials, to take the necessary measures, when in their 
judgment safety from fire requires, to collect, remove, con- 
fine, destroy, or otherwise dispose of, any such materials, 
wherever the same shall have been stored or allowed to 
accumulate : provided^ that reasonable notice in writing, 
not less than twenty-four hours, shall have been given by 
the chief or any one of his assistants to the owner of the 
building or premises, or the person or party in possession 
thereof, where such material may be found, or who may 
be responsible for its production or accumulation, to re- 
move the same forthwith ; and all costs, charges and ex- 



1881. — Chapter 200. 531 

penses resulting therefrom may be recovered of any person 
or party responsible for the production or accumulation of 
such materials, by an action of contract brought in the 
name of the city of Chelsea against such person or party 
in any court of competent jurisdiction. 

Section 17. The persons heretofore elected by the city overseers of the 
council as members of the board of overseers of the poor, ^°°^' 
may continue in oifice according to the terms thereof; and 
in the month of December annually hereafter the city 
council shall by concurrent vote elect one person a resi- 
dent of said city to serve as a member of said board for 
three years. The term of office of all persons so elected 
as members of the board of overseers of the poor shall 
begin on the first Monday of January after their election. 
The city council may at any time for cause remove any 
member of said board, and shall fill any vacancy therein 
by election in the manner herein before provided, as soon 
as may be after the occurrence of such vacanc}^ ; and the 
person elected to fill a vacancy shall serve during the 
remainder of the term for which his predecessor was elect- 
ed. On the first Monday of January in each year said 
board shall meet and organize by the choice of a chairman 
from their own number, and a clerk not of their own num- 
ber, and such other subordinate officers not of their own 
number as they shall deem expedient, and shall define the 
duties, and fix the salaries to be paid out of the city treas- 
ury, of the clerk and other subordinate officers ; but no 
member of said board shall receive any compensation. 

Section 18. The city council shall have exclusive Laying out, 
authority and power to lay out, alter or discontinue any of thefts'!'''"' 
street or town way, to establish the grade thereof, and to 
estimate the damages any individual or party ma}- sustain 
thereby ; but all questions relating to the subject of laying 
out, accepting, altering or discontinuing any street or way 
shall be first acted upon by the mayor and aldermen, and 
any person or party dissatisfied with the decision of the 
city council in the estimate of damages may make com- 
plaint to the superior court for the county of Suffolk in 
term time or vacation, within one year after such decision, 
whereupon the same proceedings shall be had as are now 
by law provided in cases where persons or. parties are ag- 
grieved by the assessment of damages by the selectmen of 
towns, in the forty-third chapter of the General Statutes 
and acts in amendment thereof. 

Section 19. The mayor and aldermen shall in each warrants for 
year issue their warrant for calling meetings for the elec- rep^re&entatives. 



532 



1881. — Chapter 200. 



Election of 
county, state 
and national 
cilice rs. 



City clerk to 
record the 
returns. 



Lists of voters 
to be furnished 
to clerks of the 
wards. 



Copies to be 
posted in public 
places. 



Prosecutions for 
breiich of ordi- 
nuiic's or by- 
laws. 



tion of the whole number of representatives to the general 
court to which the said city is by law entitled, and the num- 
ber shall be specified in the warrant. 

Section 20. All elections for county, state and United 
States officers, who are voted for by the people, shall be 
held at meetin<Ts of the citizens qualified to vote in such 
elections, in their respective wards, at the time fixed by 
law for these elections respectively ; and at such meetings 
all the votes given for such officers respectively shall be 
assorted, counted, declared and registered, in open ward 
meeting, by causing the names of all persons voted for, 
and the number of votes given for each, to be written in 
the ward records in words at length. The ward clerk shall 
forthwith deliver to the city clerk a certified copy of the 
record of such elections; and all ballots and check lists 
shall be sealed and transmitted to the city clerk in the 
manner provided by the laws of the Commonwealth. The 
city clerk shall forthwith record such returns : and the 
mayor and aldermen shall within the time provided by 
law, after every such election, examine and compare all 
such returns, and make out a certificate of the result of 
such elections, to be signed by the mayor and a majority 
of the aldermen and also by the city clerk, which shall be 
transmitted, delivered and returned as by law required. 

Section 21. Prior to every election, the mayor and 
aldermen shall make out lists of all the citizens of each 
ward qualified to vote in such elections, in the manner 
provided by the laws of the Commonwealth, and for that 
purpose they shall have full access to the assessors' books 
and lists, and be entitled to the assistance of all assessors 
and city officers; and they shall deliver the said lists so 
prepared and corrected to the clerks of the said wards, to 
be used at such elections, and shall cause copies thereof 
to be posted in one or more public places in each ward, 
the length of time required by law prior to such elections; 
and no person shall be entitled to vote whose name is not 
borne on such list : provided, that any person whose name 
shall not be borne on the list of the ward in which he is 
entitled to vote, wlien it shall be placed in the hands 
of the clerk of said ward, shall have the right to have 
his name enteired thereon at such time thereafter as is pro- 
vided in like cases by the laws of the Coininoiiwealth. 

Section 22. All fines, forfeitures and penalties, accru- 
ing for breach of any of the ordinances or by-laws of the 
city of Chelsea, or of any of the orders of tiie mayor and 
aldcnueu, may be j)rosccuted lor and rccoveied before the 



1881. — Chapter 201. 



533 



police court of the said city of Chelsea, by complaints or 
information, in the same manner in which other criminal 
offences are now prosecuted, before police and district 
courts within tliis Commonwealth ; reserving however in 
all cases to the party complained of and prosecuted the 
right of appeal to the superior court then next to be held 
in the county of Suffolk. All fines, forfeitures and penal- Fines and for- 
ties, so recovered and paid, shall be paid to the treasurer p'^aid'snto" 
of the city of Chelsea, and shall inure to such uses as said treasury. 
city council shall direct. When any person upon any con- 
viction before the police court for any breach of any of the 
ordinances or by-laws of the city of Chelsea, or of any of 
the orders of the mayor and aldermen, shall be sentenced 
to pay a fine or any penalty or forfeiture provided by any 
such ordinance, by-law or order, and shall fail to pay the 
same, or upon claiming an appeal shall fail to recognize 
for his appearance at the court appealed to, there to pros- 
ecute his appeal, and to abide the sentence or order of the 
court thereon, and in the mean time to keep the peace and 
be of good behavior, he shall be committed until he shall 
pay such fine, penalt}' or forfeiture and costs, or be other- 
wise discharged according to law. 

Section 23. This act shall be void unless accepted by Act void unless 
the city council of Chelsea within three months from its three months."* 
passage. Approved April 13, 1881. 

An Act to provide for refunding a portion of the debt of Chap. 201 

THE commonwealth. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of obtaining means for the Loan authorized 
payment of the loan of four hundred thousand dollars be paid. ^^"^'^^ 
issued under the provisions of chapter three hundred and 
twenty of the acts of the year one thousand eight hundred 
and seventy-two, the treasurer and receiver-general may 
issue scrip or certificates of debt in the name and on behalf New scrip to be 
of the state, and under his signature and the seal of the "**"®^- 
Commonwealth, to an amount not exceeding four hundred 
thousand dollars, for a term of not less than ten nor more 
than twenty years, and if issued for a longer term than ten 
years, redeemable at the option of the Commonwealth at 
any time after the expiration of ten years. Said scrip or 
certificates of debt shall be issued as registered bonds or 
with interest coupons attached, and shall bear interest not 
exceeding four per centum payable semi-annually on the 
first day of March and of September of each year. Such 
scrip or certificates of debt shall be countersigned by the 



534 



1881. — Chapters 202, 203. 



Scrip issued 
under 1872, 320, 
§ 5, to be called 



governor, and shall be deemed a pledge of the faith and 
credit of the Commonwealth, redeemable at the time speci- 
fied. The scrip and interest thereon shall be pa^-able in 
such currency as the governor and council may direct, and 
shall be sold and disposed of in such manner, at such times 
and in such pieces and amounts as the governor and coun- 
cil shall deem for the best interest of the state. 

Section 2. Upon the issue of the scrip or certificates 
of debt authorized under the first section of this act, the 
treasurer shall call in the principal of the scrip or certifi- 
cates issued under the provisions of section five of chapter 
three hundred and twenty of the acts of the year one thou- 
sand eight hundred and seventv-two, and apply the pro- 
ceeds of the scrip so issued to the payment thereof. 

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

Approved April 14, 1881. 



Chap. 202 An Act relative to reports of trustees and receivers of 

SAVINGS BANKS AND INSTITUTIONS FOR SAVINGS. 

Be it enacted, etc., as follows: 

So much of section one hundred and fifty-six of chapter 
fifty-seve'n of the General Statutes as refers to reports re- 
quired to be made annually to the legislature by the trus- 
tees and receivers of saving banks and institutions for 
savings is hereby repealed. Approved April 15, 1881. 



Reports by 
trustees, etc., of 
savings banks. 
G. 8. 57, § 156. 



Probate courts 
in Plymouth 
county. 



Chap. 203 An Act to fix the times and places of holding sessions of 

THE probate court IN THE COUNTY OF PLYMOUTH. 

Be it enacted, etc., as follows : 

Section 1. Probate courts shall be holden for the 
county of Plymouth in each year as follows: — At Plym- 
outh on the second Monday of each month, except Feb- 
ruary, July and August: at Abington on the fourth 
Mondays of February, March, September and December: 
at Brockton on the second Mondays of February and July, 
and on the fourth Mondays of May and November: at 
Middleborough on the fourth Mondays of January, April, 
August and October: at Hingham on the fourth Monday 
of June. 
Repeal. SECTION 2. All acts and parts of acts inconsistent with 

the provisions of this act are hereby repealed. 

Section 3. This act shall take effect on the first day 
of May next. Approved April 15, 1881, 



1881. — Chapters 204, 205. 



535 



An Act to incorporate the amesbury and Salisbury agricul- Chap. 204: 

TURAL AND HORTICULTURAL SOCIETY. 

Be it enacted^ etc., as follows : 

Section 1. William H. B. Currier, J. Henry Hill, corporators. 
Aaroii Sawyer, A. H. Fielding and Elmer P. Sargent of 
the towns of Amesbury, Salisbury and Merriraac, their 
associates and. successors, are hereby made a corporation 
under the name of the Amesbury and Salisbury Agricul- 
tural and Horticultural Society, and established in the 
towns of Amesbury and Salisbury in the county of Essex, 
for the encouragement of agriculture, horticulture, and the 
mechanical arts, by premiums and other means ; with all 
the powers and privileges and benefits now accruing to 
county societies, and subject to all the duties, liabilities 
and restrictions set forth in all general laws which now are 
or hereafter may be in force in relation to such corporations. 
Said corporation may hold real and personal property to 
the amount of fifteen hundred dollars. 

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

Approved April 15, 1881. 



Name and 
purpose. 



Powers and 
duties. 



An Act to authorize the city of boston to attach meters to Chap. 205 

BUILDINGS WHICH IT SUPPLIES WITH WATER. 

Be it enacted, etc., as follows: 

Section 1, The city of Boston is hereby authorized, at May attach 
its own expense, to attach and maintain a sufficient water rerv'ice^Ve'r. ° 
meter to the main service pipe in any building or buildings 
which may be supplied with water by said city under 
authority of law ; and where any building situate within 
the city of Boston shall be supplied with water by said city 
through a meter, and there shall be more than one tene- 
ment contained in said building, or where different rooms 
in the same building are leased to or occupied by different 
persons taking water through separate fixtures, the owners 
or lessees of said building shall be liable to said city for the Payment of 
entire amount of water so supplied to said building: pro- 
vided, that, in the case of dwelling houses containing more 
than one tenement, and not more than three tenements, it 
shall be necessary to obtain the consent of the owner 
thereof before attaching such meter. 

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

Approved April 15, 1881. 



water rates. 



536 



1881. — Chapter 206. 



Chap. 206 



Water supply 
for town of 
Framinghiim. 



May take waters 
of Faitn Pond 
and 8udbury 
River. 



May construct 
reservoirs, erect 
dams, etc. 



May dig up 
lands. 



Description of 
land taken to be 
filed in registry 
of deeds. 



Liability for 
damages. 



An Act to supply the town of framingham with pure water. 
Be it enacted^ etc., as foUoivs : 

Section 1. The town of Framingham is hereby author- 
ized to supply itself and its inlial)itants with pure water 
to extinguish fires, generate steam, and for domestic and 
other uses ; to establish fountains and hydrants : to regu- 
late their use, and re-locate or discontinue the same, and 
to fix and collect rents for the use of said water. 

Section 2. Said town may take and hold of the waters 
of Farm Pond and Sudbury River in said Framingham, 
and the waters flowing into said Farm Pond and Sudbury 
River, so much as may be necessary for the purpose specified 
in section one of this act, and may convey into and through 
said town of Framingham said waters ; and may also take 
and hold, by purchase or otherwise, all necessary lands for 
raising, diverting, flowing and holding said waters, and 
securing and preserving the purity of the same, and such 
other lands in said town of Framingham as may be neces- 
sary to construct and maintain one or more storing and 
distributing reservoirs ; and may erect on said land proper 
dams, buildings, fixtures and other structures, and make 
thereon excavations and embankments, and procure and 
run machinery therefor, with such other means and appli- 
ances as may be necessary for complete 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 purpose of 
constructing, laying down, maintaining and repairing such 
conduits, pipes and drains, and for all other purposes of this 
act, may dig up, raise and embank any such lands, street, 
highway, alley or other way, in such manner as to cause 
the least hindrance to travel thereon ; and in general may 
do any other acts and things necessary, convenient or 
proper for carrying out the purposes of this act. 

Section 3. The town of Framingham shall, within 
ninety days from the time it shall take any lands for the 
purposes of this act, file in the registry of deeds of the 
county and district in which said lands lie, a description 
of the land so taken as certain as is required in a common 
conveyance of lands, and a statement of the purposes for 
which they are taken ; which description and statement 
shall be signed by a majority of the selectmen of said town. 

Section 4. The said town of Framingham shall be 
liable to pay all damages sustained by any person, persons 



1881. — Chapter 206. 537 

or corporation in their property, by the taking of any lands, 
water, water sources, water rights or easements, or by the 
construction of any dams, aqueducts, reservoirs, water 
ways or other works, for the purposes of this act. If any 
person, persons or corporations sustaining damages as 
aforesaid cannot agree with tlie town upon the amount of 
damages to be paid therefor, such person, persons or cor- 
poration 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 dam- 
age 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 determined 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 by law with respect to damages for land taken 
for highways. 

Section 5. Three persons, to be elected by ballot by water commis- 
the said inhabitants, as hereafter provided, shall form a eiecfed.''" ^^ 
board of water commissioners, who shall execute, super- 
intend and direct the performance of all the works, matters 
and things mentioned in this act, and exercise all the 
rights, powers and privileges hereby granted, and not other- 
wise specifically provided for herein, subject to the vote 
of said town. At any special or annual meeting of the 
inhabitants of said town, called for the purpose, one of the 
said board of water commissioners shall be elected for 
three years, one for two years and one for one year, from 
the next succeeding annual town meeting ; after which 
first election, one third of said board, as the term expires, 
shall be elected at the annual town meeting for the term 
of three years. The said commissioners shall receive such compenpation 
salaries or compensation as the town by vote may pre- the^'o^v^n.*^ '^^ 
scribe, and a majority of said commissioners shall be a 
quorum for the exercise of the powers and duties pre- 
scribed by this act. Such commissioners shall be subject 
to such ordinances, rules and regulations, in the execution 
of their trust, as the town may from time to time ordain 
and establish, not inconsistent with provisions of this act, 
and the laws of the Commonwealth. Any vacancy occur- vacancies in 
ring in said board of commissioners from any cause may ^°'""*'' 
be filled by said town at any legal town meeting for the 
unexpired term. 

68 



538 1881. — Chapter 206. 

Framingham SECTION 6. Fop the purjjose of paA'ing all necessary 

to uxcied" ""' expenses and liabilities incurred under the provisions of 
$25o,ouo. -ti^ig 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 " Framingham Water 
Loan," to an amount not exceeding two hundred and fifty 
thousand dollars, payable at periods not exceeding thirty 
years from the date thereof, with interest payable semi-an- 
nually at a rate not exceeding six per centum per annum ; 
and said town may sell said securities at public or private 
sale, or pledge the same for money borrowed for the pur- 
poses of this act, upon such terms and conditions as it may 
deem proper. And said town shall annually raise by taxa- 
tion an amount sufficient, together with the net income 
and receipts from rent 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 water into said 
Sinking fund, towu of Framingham, establish a sinking fund, and con- 
tribute thereto from year to year an amount raised annually 
by taxation, which, together with the net surplus income 
and receipts, after deducting all interest, ex2)enses and 
charges of distribution, if any remains, shall be 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 no other purpose. 
The board of water commissioners herein before named 
shall be the trustees of said fund, and shall report the 
condition of the same, and render an account of all their 
doings in relation thereto annually to the town. 
Penalty for SECTION 7. Wliocver wilf Lilly comipts, pollutcs Or di- 

oiM^mulingk' verts any of the waters taken under this act, or injures any 
impure. dam, rcscrvoir, aqueduct, conduit, pipe or other property 

owned or used by said town for the purposes of this act, 
shall foifeit and pay to said town three times the amount 
of damages assessed therefor, to be recovered in an action 
of tort ; and upon conviction of either of the above acts 
shall be punished b}' a fine of not less than thirty nor more 
than three hundred doUars, or by imprisonment in jail not 
exceeding one year, or by an infliction of both the above 
penalties, 
ijahiiityof SECTION 8. The occnpaut of any tenement shall be 

owner."" liable for the payment of tlie rent for the use of water in 

such tenement, and the owner shall also be liable if, on 
being notified of such use, he does not object thereto. 



1881. — Chapters 207, 208. 539 

Section 9. This act shall take effect upon its passage ; no liability to 
but no expenditure shall be made, or liabilit}^ incurred, ,n,ti"a"ceptance 
under the same, except for preliminary surveys and esti- thjrdl vote!"^"" 
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, and not 
more than three of said meetings shall be called each year, 
during said years. Approved April 20, 1881. 

An Act relating to the service of notices in levies of exe- Chap. 207 

CUTIONS upon real ESTATE. 

Be it enacted, etc., as foUotvs : 

Section 1. Any notice required to be given to the service of notice 
debtor, in the service of an execution by levy upon real iev/of°eiecu- 
estate, may be served upon him personally, or may be left ^^""ter" '*^*^ 
at his last and usual place of abode. When the debtor 
does not reside in the precinct of the officer serving the 
execution and is not found therein by the officer serving 
the execution, such officer shall in addition to the service 
required by law send a copy of any notice which would be 
served upon him, if within said precinct, by mail post 
paid, addressed to him at his place of residence as de- 
scribed in the execution. 

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

Approved April 20, 1881. 

An Act to provide for a single ballot at national and state Chap. 208 

elections. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter seven of the Gen- officers to be 
eral Statutes of this Commonwealth is hereby amended by Idngkbaiiot.'^ 
striking out in the fourth and fifth lines thereof the words, 
" the mayor and aldermen and selectmen shall decide 
whether," and in the fifth and sixth lines thereof the words, 
" or at the same time on separate ballots ; " also in said 
sixth line by striking out the words, "shall give," and by 
inserting after the word " thereof," the words, " shall be 
given." 

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

AjJp roved April 20, 1881. 



540 



1881. — Chapter 209. 



Chap. 209 

Appropriations. 

John McOrath. 
Ebenezer Gay. 
State prison. 
Secretary. 



Nantucket Agri- 
cultural Society. 

Middlesex Agri- 
cultural Society. 

John W. R. 
Sawin. 

Alexander 
Hyde. 

Jane Parks. 



State library. 

Public docu- 
ments. 



State prison. 



Disabled sol- 
diers. 



Hosea Hatha- 
way. 



Geo. M. New- 
ton. 



Josiah V. Stone. 



Uliode Ihland 
boundary. 



An Act making appropriations for expenses authorized the 

present year, and for other purposes. 
Be it enacted^ etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Common- 
wealtli, 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 : — In the 
resolve chapter three, in favor of John McCJrath, the sum 
of one hundred dollars. In the resolve chapter four, in 
favor of Ebenezer Gay, the sum of one hundred and fifty 
dollars and sixty -seven cents. In the resolve chapter six, 
relating to certain repairs at the state prison at Concord, 
the sum of two thousand dollars. \n the act entitled "An 
Act to amend chapter seventy-nine of the acts of the year 
eighteen hundred and seventy-nine relating to the compen- 
sation of employes in the secretary's department," the sum 
of two thousand dollars. In the resolve chapter eight, in 
favor of the Nantucket Agricultural Society, the sum of 
six hundred dollars. In the resolve chapter ten, in favor 
of the Middlesex Agricultural Societ}', the sum of six hun- 
dred dollars. In the resolve chapter thirteen, in favor of 
John William Robert Sawin, the sum of three hundred 
dollars. In the resolve chapter fourteen, in favor of the 
widow of Alexander Hyde, the sum of five hundred and 
thirty-two dollars and twenty cents. In the resolve chap- 
ter seventeen, in favor of Jane Parks, the sum of four hun- 
dred dollars. In the resolve chapter eighteen, in favor of 
the state library, the sum of one thousand dollars. For 
printing and binding public documents, a sum not exceed- 
ing five thousand dollars, the same to be in addition to the 
amount heretofore appropriated. In the resolve chapter 
twenty-four, providing for the construction of a tenement 
house at the state prison at Concord, the sum of four thou- 
sand five hundred dollars. In the resolve chapter twentv- 
eight, in favor of the disabled soldiers' employment bureau, 
the sum of three thousand dollars. In the re^olve chapter 
twenty-nine, in favor of Hosea Hathaway, the sum of five 
hundred and fifty dollars. In the resolve chapter thirty, 
in favor of the widow of George M. Newton, the sum of 
five hundied and fifteen dollars. In the resolve chapter 
thirty-one, in favor of the widow of Josiah F. Stone, the 
sum of five hundred and one dollars and sixty cents. In 
the resolve chapter twenty-seven, in relation to the bound- 
ary line between Massachusetts and Rhode Island, a sum 
not exceeding five hundred dollars ; to be expended under 



1881. — Chapter 210. 



541 



the direction of the governor and council, for the purpose 
of carrying out the provisions of the resolve. In the re- 
solve cliapter thirty-two, in favor of the Bridgewater nor- 
mal school, the sum of eight thousand dollars. In the act 
chapter one hundred and forty-seven, authorizing the ap- Executive clerk, 
pointment of a clerk in the executive department, the sura 
of nine hundred dollars. For expenses of summoning wit- 
nesses before committees and for fees for such witnesses, witnesses be- 
a sum not exceeding one thousand two hundred dollars, fore committees. 
the same to be in addition to the amount heretofore appro- 
priated. 

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

Approved April 20, 1881. 



Bridgewater 
Normal School. 



Chap. 210 



Registrars of 
voters in cities 
when this act is 



An Act to establish registrars of voters in cities. 
Be it enacted., etc., as follows: 

Section 1. The city council of any city of this Com- 
monwealth, which shall by a concurrent vote of both 
branches thereof accept the provisions of this act, shall, as accepted 
soon as may be after such acceptance, elect two able and 
discreet persons, inhabitants of said city, who shall hold 
no other office or position by election or appointment un- 
der tlie city government, to constitute, together with the 
city clerk, for the time being, a board of registrars of voters. 
One of the registrars so elected shall hold his office until 
the first day of April in the year succeeding that in which 
he is elected, and the other until the first day of April in 
the following year. And the city council shall, in the 
month of February or of March in the year in which such 
first term shall expire, and in each year thereafter, elect 
one person qualified as aforesaid, to be a registrar of voters 
for the term of two years from the first day of April then 
next ensuing, and until another is elected in his place. In 
case of a vacancy occurring by reason of the death, resig- 
nation, or removal from office of either of the registrars 
elected as aforesaid during the term for which he is elected, 
the city council shall elect a person qualified as aforesaid, 
for the residue of said term. The city clerk shall act as 
clerk of the board. 

Section 2. The registrars shall, in addition to the duties Powers and 
imposed upon them by this act, perform all and singular '^""*'®- 
the duties imposed upon the mayor and aldermen, or board 
of aldermen, by any laws which now are or hereafter may 
be in force in the several cities, respecting the preparation, 
correction, revision, publication and transmission to tlie 
ward officers of the alphabetical lists of voters to be used 



542 



1881. — Chapter 210. 



To be sworn. 



Compensation. 



To prepare 
alphabetical 
lists of voters. 



Illegal 
registration. 



Office room to 
be furnished. 



I'enalty for giv- 
ing fulKC name 
to registrar. 



Penalty on 
registrar for 
neglect. 



at elections ; and all the powers so conferred, and all the 
duties and liabilities so imposed upon the mayor and alder- 
men, or board of aldermen, of said city, in relation to the 
preparation, correction, revision, publication and transmis- 
sion of said lists, are hereby conferred and imposed exclu- 
sively upon said registrars. 

Section 3. The registrars shall, before entering upon 
the duties of their office, take and subscribe an oath 
faithfully to perform the same. They shall receive such 
compensation as the city council may from time to time 
determine, but such compensation shall not be regulated 
by the number of names registered on any list of voters, 
and any reduction of compensation shall take effect upon 
such registrars only as shall be elected after such reduc- 
tion. 

Section 4. The registrars shall prepare, correct, revise 
and publish, in accordance with this act and with the laws 
of the Commonwealth, the alphabetical lists of voters of 
each ward, and the collectors of taxes of said city shall 
make the return now required by law to be made to the 
mayor and aldermen, to the board of registrars of voters, 
and all assessors and collectors of taxes of said city shall 
furnish any information in their possession necessary to 
aid the registrars in the discharge of their respective 
duties. 

Section 5. Upon the affidavit of any voter in any 
city, setting forth that in his opinion a certain person is 
illegally registered, and the reasons therefor, the registrars 
of such city shall re-examine the matter of the registra- 
tion of such person, and, if deemed necessary, shall cause 
him to be brought before them for examination, and if 
satisfied that he is not a qualified voter they shall strike 
his name from the list. 

Section 6. The city council in the several cities shall 
furnish office room for the registrars, and such aid as shall 
be necessary for carrying out the provisions of this act. 

Section 7. Whoever gives a false name or a false 
answer to any registrar concerning any matter relating to 
the registration of voters, or to the right of any person 
to vote, shall incur the same penalty which i.-< provided 
by law for giving a false name or false answer to the 
selectmen of towns when in session to correct the lists of 
voters. 

Section 8. Any registrar who wilfully neglects or 
refuses to perform the duties of his office shall, for each 
offence, forfeit a sum not exceeding two hundred dollars. 



1881. — Chapter 211. 543 

Section 9. This act shall not apply to the city of Not to apply to 
Boston. ^"^'°"- 

Section 10. This act shall take effect upon its passage. 

Approved April 21, 1881. 

An Act to incorporate the charles river embankment Chap. 211 

COMPANY. 

Be it enacted, etc., as follows: 

Section 1. Isaac Pratt, jr., Frederick L. Ames, Wil- corporators. 
liam E. Coffin, Charles Davenport, Marietta G. Allen, 
John Goklthwait, Matilde C. Allen and Harriett A. Por- 
ter, their associates and successors, are hereby made a 
corporation by the name of " The Charles River Embank- Name, 
ment Company," to be established in the city of Boston, 
with all the powers and privileges, and subject to all the Powers and 
duties, restrictions and liabilities set forth in all general ^""'-■*- 
laws which now are or hereafter may be in force relating 
to all similar corporations organized under the general 
laws of this Commonwealth, except so far as otherwise 
provided by this act. 

Section 2. Said corporation is authorized to buy and May buy and 
hold any or all of the land and flats in the city of Cam- ia°,d and flTts in 
bridge within the boundaries hereinafter mentioned, for Cambridge. 
the purpose of improving the same by building a public 
esplanade two hundred feet wide along the water front 
thereof, and by filling to established grades, of building 
thereon and of selling or otherwise disposing of the re- 
mainder of said territor}^ for its benefit. Said corporation 
is further authorized, at any time within two years from 
the passage of this act, to take and hold by purchase or May take land 
otherwise, as hereinafter provided, as much of said land othei'^^wse.*'^ ""^ 
and flats not now owned by said persons named in section 
one of this act, as may be necessary to complete said es- 
planade along the water line of the same from West Bos- 
ton bridge easterly to the Grand Junction Railroad bridge 
westerly; said land and flats are bounded as follows: — 
Northerly by the location of the Grand Junction Railroad ; 
easterly by Main Street and West Boston bridge ; and 
southerly by a line beginning at the point marked A of 
the harbor line established by chapter one hundred seventy 
of the acts of the 3'ear eighteen hundred eighty on the 
Cambridge side of Charles River, said point being marked 
by a copper tack through an iron plate on the northerly 
side of West Boston bridge, thence running southwesterly 
on a curve of nine hundred fifty-one and thirty-four one- 
hundredths feet radius, tangent at point A to the said 



544 



1881. — Chapter 211. 



Description of 
land taken to 
be filed in regie- 
try of deeds. 



IJnbilitj- for 
damages. 



May fill land 
covered by 
tide-water. 



To build sea 
wall. 



harbor line for a distance of five hundred and three and 
one one-hundredth feet, thence continuing southwesterly 
on a straight line tangent to said curve and about one hun- 
dred feet southerly of said harbor line, for a distance of 
six thousand eight hundred thirty-eight and nineteen one- 
hundredths feet, thence westerly on a curve of twelve 
hundred feet radius, tangent to the last named line for a 
distance of four hundred ninety-six and ninety-seven one- 
hundredths feet, thence westerly on a straight line tangent 
to the last named curve to the Grand Junction Railroad 
bridge. 

Section 3. Said corporation shall, within sixty daj's 
from the time it takes any land otherwise than by purchase, 
file in the office of the registry of deeds of the southern 
district of the county of Middlesex, a description of each 
parcel of land so taken as certain as is requiied in a com- 
mon conveyance of land, together with a statement of the 
purpose for which the lands are taken, which description 
and statement shall be signed by the president of the 
corporation. 

Section 4. When any land shall be taken under the 
provisions of this act, said corporation shall pay all the 
damages occasioned thereby; and said damages shall, in 
case the parties fail to agree upon the same, be determined 
and recovered in the manner provided in the general laws 
in respect to land and real estate taken by railroad corpo- 
rations for the location and making of their railroads, or for 
depot and station purposes. 

Section 5. Said corporation may, subject to the pro- 
visions of general laws, fill and occupy in the manner and 
for the purposes set forth in the second section of this act 
the land now covered by tide water which said corporation 
shall acquire under the provisions of this act : provided^ that 
said corporation shall build a substantial sea wall on the 
water line of said described territory and shall construct and 
appropriate to public use as an es})lanade or park way, a 
stri}) on said water line two hundred feet wide and extend- 
ing from West Boston bridge to said Grand Junction Kail- 
road bridge ; and provided, further, that witiiin three years 
from the passage of this act said corporation shall have 
completed one thousand feet in length of said sea wall, 
and shall have deposited on said described territory not 
less than three hundred thousand cubic yards of earth 
drediicd from Cliarles River basin in such localities and to 
such depths as the harbor and land commissioners shall pre- 
scribe, and provided, further, that said sea wall and the 



1881. — Chapter 212. 



545 



filling of said territory shall be completed within ten years 
from the passage of this act. Said corporation may trans- 
fer to the city of Cambridge the strip two hundred feet 
wide on said water line to be appropriated to public use as 
herein provided ; and said city of Cambridge may accept 
and thereafter maintain the same for public use as aforesaid. 

Section 6. The capital stock of said corporation shall 
not be less than five hundred thousand dollars, and may be 
increased to not exceeding two millions of dollars, as may 
be necessary, from time to time, by vote of the corporation; 
and shall be divided into shares of a par value not exceed- 
ing one hundred dollars each ; but said corporation shall 
not buy or take any land or commence the transaction of 
business until the whole amount of the capital stock as then 
fixed shall have been paid in, in cash, agreeably to the pro- 
visions of the general laws relative to corporations organ- 
ized under the laws of the Commonwealth, and a certificate 
thereof filed in the office of the secretary of the Common- 
wealth as required by section thirty-two of chapter two 
hundred and twenty-four of the acts of the year eighteen 
hundred and seventy. 

Section 7. This act shall take effect upon its passage. 

Approved April 21, 1S81. 



To be completed 
within ten 
years. 

May transfer to 
Cambridge strip 
on water line. 



Capital stock 
and shares. 



Earth, sand, 
etc., not to be 
taken from 
beach without 
consent of har- 
bor commis- 
sioners. 



An Act to protect Salter's beach in the towns of duxbury Chap. 212 

AND PLYMOUTH. 

Be it enacted, etc.j as follows : 

Section 1. Any person who shall take or remove by 
land or water, from any shore or beach in the towns of 
Duxbury or Plymouth lying between Green Harbor River 
and Gurnet Light, any earth, sand, gravel, stones or other 
material of like nature, now or hereafter composing such 
shore or beach, without the consent in writing of the board 
of harbor and land commissioners, shall for each offence 
forfeit and pay to the use of the Commonwealth a sum not 
less than twenty-five dollars, nor more than two hundred 
dollars, or be punished by imprisonment in jail not exceed- 
ing two months. 

Section 2. Any person found offending against the 
provisions of this act may be arrested without a warrant 
by any constable of Duxbury or Plymouth, or by any 
officer qualified to serve criminal process, 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 

69 



Person offend- 
ing may be 
arrested without 
a warrant. 



546 



1881. — Chapter 213. 



May take flats 
in North Uiver, 
for abatement 
of nuisance. 



Description of 
land taken to be 
tiled in registry 
of deeds. 



brought before a court or magistrate having jurisdiction in 
such case, and proceeded against according to law. 

Approved April 21, 1S81. 

Chap. 213 An Act to authorize the city of salemtotake certain flats 

IN the north river. 
Be it enacted, etc., as follows: 

Section 1. For the purpose of abating the nuisance in 
the city of Salem, in that part of the North River lying in 
Salem above North Bridge, the said city may from time to 
time purchase or otherwise take any or all of the flats lying 
in the said North River, between North Street and Grove 
Street, and southerly of the Essex Railroad, and fill and 
raise the same to such grade as may be deemed necessary 
or expedient. Such city shall within sixty days from the 
time it shall take for such purpose said flats, or any of 
them, file in the office of the registry of deeds for the 
southern district of the county of Essex a description of 
the flats so taken, as certain as is required in a common 
conve3^ance of lands, and a statement that the same are 
taken pursuant to the provisions of this act ; which said 
description and statement shall be signed by the mayor of 
said city, and the title of all flats so taken sliiill vest in the 
city of Saleni in fee simple, and the same may be sold and 
conveyed by said city in such manner as tlie city council 
may determine ; and if any party whose flats are taken 
shall agree with said city upon the damage done to him by 
the said taking, the same shall be paid to him by the said 
city forthwith. 

Section 2. Any owner of flats so taken who cannot 
agree with the said city as to the damage done to him by 
said taking may have the same assessed by the county 
commissioners ; and if either party is dissatisfied with the 
estimate of the county commissioners said party may apply 
for a jury to assess the damages ; and the proceedings 
thereupon and the proceedings upon application to the 
county commissioners shall be the same as provided for 
the assessment of damages in laying out highways. The 
respective rights and remedies of persons having different 
or separate interests or estates in the same property as to 
the disposition of the damages awarded or agrt-ed to under 
this act shall be in all respects the same as they now are 
in the case of property taken for the laying out of high- 
ways. 

Section 3. If any party shall apply for and obtain a 
trial by jury, he sliall recover his legal costs after such 



Assessment of 
damages. 



Trial by jury. 



1881. — Chapter 2U. 



5-iT 



application, if he shall recover a greater amount than the 
award of the county commissioners with the accrued in- 
terest thereon, otherwise he shall be liable for the legal 
costs of the city of Salem. If said cit}^ shall make such costs 
application and the verdict of the jury shall be less than 
the amount awarded by the county commissioners, it shall 
recover its legal costs, otherwise it shall be liable for the 
legal costs of the other party. 

Section 4. No application to the county commission- 
ers to estimate damages for lands taken under this act 
shall be sustained, unless made within three years from 
the time of taking the same. 

Section 5. The city council of the city of Salem is streets may be 
hereby authorized to lay out, in the manner provided by '""^°"'- 
the charter of said city, any street or way over any of the 
flats referred to in this act. 

Section 6. This act shall take effect on its acceptance subject to 
by the city council of the city of Salem. " 

Approved April 21, 1881 



Application to 
be made within 
three years. 



acceptance. 



An Act in relation to investments and deposits which Chap. 21-4 

MAY BE MADE BY SAVINGS BANKS AND INSTITUTIONS FOR 
SAVINGS. 

Be it enacted, etc., as follows: 

Section 1. In addition to the investments authorized investments 
by section nine of chapter two hundred and three of the macknjy sivhtgs 
acts of the year eighteen hundred and seventy-six, and ^^^^i^^- 
the acts in amendment thereof and in addition thereto, 
savings banks and institutions for savings may invest in 
the first mortgage bonds of any railroad company incor- 
porated under the authority of any of the New England 
states and located wholly or in part in the same, which 
is in possession of and operating its own road, and has 
earned and paid regular dividends for the two years next 
preceding such investment ; or in the first mortgage bonds 
of any railroad thus located and incorporated, when said 
bonds are guaranteed by said first named company ; or in 
the bonds or notes of any railroad located wholly or in 
part in and incorporated under the laws of this state, and 
unencumbered by mortgage, and which has paida dividend 
of not less than five per centum per annum upon its capi- 
tal stock for two years next preceding such investment ; 
or upon the note or notes of any citizen of this state, with 
a pledge as collateral of any of the aforesaid securities at 
no more than eighty per centum of the par value thereof: 
provided, that the term "railroad," as used in this act shall rroviso. 
not be construed to include street railways. 



548 1881. — CHAFfER 214. 

Amendment to SECTION 2. Paragraph two of Said sectioii nine is here- 

1S76, 203, § 9. i^y amended by adding after the word " states," in the fifth 
line thereof, the words "whose net indebtedness does not 
exceed five per centum of the valuation of the taxable 
property therein, to be ascertained by the last preceding 
city valuation for the assessment of taxes," so that the en- 
tire paragraph shall read as follows : — " Second. In the 
public funds of any of the New England states; of the 
state of New York or of the United States ; in the bonds or 
notes of any cit}', county or town of this state ; in the bonds 
or notes of any of the cities of the New England states, 
whose net indebtedness does not exceed five per centum 
of the valuation of the taxalile property therein, to be as- 
certained by the last preceding city valuation for the as- 
sessment of taxes ; or on the notes of any citizen of ihis 
state with a pledge of any of the aforesaid securities at no 
more than the par value thereof." 
Amendment to SECTION 3. Paragraph four of said section nine is here- 
18,6, 203, § 9. 1^^ amended by striking out the words "this state," in the 
third line thereof, and inserting therefor the words "the 
New England states," and by inserting after the ■ word 
"associations," in the fifteenth line thereof, the words "or 
an}' trust company incorporated under the laws of this 
state, which provides the same security as banking associa- 
tions incorporated under the authority of the United 
States," so that the entire paragraph shall read as follows : 
— " Fourth. In the stock of any bank incorporated under 
the authority of this state, or the stock of any banking 
association located in the New England states and incor- 
porated under the autliority of the United States; or on 
the notes of any citizen of this state Avith a pledge as col- 
lateral of any of tlie aforesaid securities at no more than 
eighty per cent, of the market value and not exceeding the 
par value thereof: provided, however, that such corporation 
shall not hold, both by way of investment and as security 
for loans, more than one-quarter of the capital stock of any 
one bank or banking association, nor invest more than ten 
per cent, of its deposits, nor more than one hundred thou- 
sand dollars in the ca])ital stock of any such bank or asso- 
ciation. Savings banks may deposit on call in such banks 
or banking associations, or any trust company incorporated 
under the laws of this state, which provides the same se- 
curity as banking associations incorporated under the au- 
thority of the United States, and receive interest for the 
same, sums not to exceed twenty per cent, of the amount 
deposited in said savings banks." 



1881. — Chapters 215, 216. 



549 



Section 4. Paragraph three of said section nine is here- Repeal. 
by repealed. Approved April 22, 1881. 

An Act relating to registers of probate and insolvency in 

THE several counties. 

Be it enacted, etc., as follows: 

Section 1. Registers of probate and insolvency in 
their several counties may annually be allowed, if deemed 
necessary by the judges of probate and insolvency in their 
respective counties, a sum not exceeding one-tliird of the 
amount of salary to which such registers shall be entitled 
respectively, for extra clerical assistance actually per- 
formed, and the same shall be paid by the treasurer of the 
Commonwealth ; and the judges, in their respective coun- 
ties, shall audit and approve the accounts of the registers. 

Section 2. Registers of probate and insolvency in their 
several counties may issue process of attachment and of 
execution, and all other proper processes necessary to carry 
into effect any order or decree of their respective courts, 
and the same may run into any county, and shall be exe- 
cuted and obeyed throughout the state. 

Section 3. Registers of probate and insolvency shall 
keep a docket of all cases and matters in the probate courts 
of their several counties, in which they shall enter each 
case or matter by its appropriate title and number, with 
short memorandums of all proceedings and papers filed, iji 
each case or matter respectively, with the date of such pro- 
ceeding or filing, and a reference to the volume and page 
of the record, if such proceeding or paper is recorded. 
They shall also keep a separate alphabetical index of all 
cases and matters in said probate courts, which index shall 
refer to said docket and to the files of the probate court. 
Said docket and index shall be open to public inspection 
at all reasonable times. 

Section 4. The second section of chapter two hundred 
and ninet3'-two of the acts of the j^ear eighteen hundred 
and seventy-nine is hereby repealed. 

Section 5. This act shall take effect upon its passage, 
except the third section, which shall take effect upon the 
first day of July next. Approved April 23, 1881. 

An Act concerning costs under the trustee process. 
Be it enacted, etc., as follows: 

Section 1. In any suit brought under the trustee pro- 
cess in which the damages assessed do not exceed in amount 



Chap. 215 



Allowance for 
extra clerical 
assistance. 



May issue 
process of 
attachment and 
execution. 



To keep a dock- 
et of cases in 
probate court. 



Repeal of 1879, 
292, § 2. 



Chap. 216 



Plaintiff not to 
have costs, un- 
less more than 

the sum of ten dollars, exclusive of all costs which have $10 is recovered. 



550 



1881. — Chapters 217, 218. 



Existing cause 
of action not 
aflected. 



accrued in any former action, the plaintiff shall not be en- 
titled to costs. 

Section 2. This act shall not affect any suit brought 
upon a cause of action now existing. 

Section 3. This act shall not take effect until July 
first, eighteen hundred and eighty-one. 

Approved April 23, 1881. 



Chap. 217 An Act in relation to the auditing of the accounts of 

COUNTY OFFICERS. 

Be it enacted, etc., as follows: 
Returns to be SECTION 1. The Tctums required by section one of 

"ceipu!etc?''^ chapter one hundred and sixty-one of the acts of the year 
for year ending eighteen hundred and eighty shall hereafter be made on or 
before the thirty-first day of October in each year, and shall 
embrace the charges, receipts and expenditures for the year 
ending on the thirtieth day of September next preceding, 
instead of for the calendar year, as provided by said chap- 
ter. The commissioners of savings banks shall make to 
the legislature, on or before the fifteenth day of January 
in each year, the report required from them by said chapter. 
Section 2. So much of said chapter as is inconsistent 
herewith is hereby repealed. Approved April 23, 1881. 



Report to 
kgislature. 



Repeal. 



Chap. 218 An Act to provide for the appointment of railroad po- 
lice OFFICERS FOR THE TROY AND GKKENFIELD RAILROAD. 



Railroad police 
for the Troy 
and Grcentivld 
Railroad. 



Be it enacted, etc., as follows: 

Section 1. The selectmen of North Adams and of any 
other town on the line of the Troy and Greenfield Rail- 
road may, upon petition of the manager of the Troy and 
Greenfield Railroad and Hoosac Tunnel, appoint any 
person or persons in the employ of said manager police offi- 
cers to act as railroad police, and to have upon the prem- 
ises and cars of the state road all the powers which railroad 
police officers now have upon the premises and cars of 
the corporation upon whose petition tliey are appointed. 
Such officers shall be paid by said manager, and shall hold 
their offices during the pleasure of the selectmen, provided 
that their authority shall cease when said manager files 
with the town clerk notice to that effect. 

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

Approved April 23, 1881. 



1881. — Chapters 219, 220, 221. 551 

An Act to amend "an act to impose an excise tax upon Chap. 219 

LIFE INSURANCE COMPANIES." 

Be it enacted^ etc.^ as follows: 

Section 1. Section one of chapter two hundred and Excise tax upon 
twenty-seven of the acts of the year eighteen hundred companies"" 
and eighty is hereby amended by striking out in the isso. 227, §i. 
twelfth line thereof the word " half," and inserting in its 
place the word " quarter." 

Section 2. This act shall not affect any existing liabil- 
ity or duty, and shall take effect upon its passage. 

Approved April 23, 1881. 

An Act in relation to prisoners sentenced to imprison- Chap. 220 

MENT IN JAIL IN SUB^FOLK COUNTY. 

Be it enacted, etc. , as follows : 

Section 1. The sheriff of the county of Suffolk may Prisoners may 
remove from the jail in Suffolk county to the house of from'J^v^rto 
correction in said county, any person held in said jail |l^uTn°luffJik.° 
upon a sentence, and the person so removed shall serve 
in said house of correction the remainder of his term of 
sentence : provided, hoivever, that no such removal shall Proviso. 
be made without the written consent of the court which 
imposed the sentence, or, in case the sentence was im- , 
posed by the superior court, the consent of the district 
attorney. 

Section 2. The provisions of section one of this act united sutea 
shall not authorize the removal of a prisoner held in said excepted. 
jail upon a sentence imposed by a court of the United 
States. 

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

Approved April 25, 1881. 

An Act to amend "an act in relation to registration Chap. 221 

AND ELECTIONS IN THE CITY OF BOSTON." 

Be it enacted, etc., as follows: 

Section 1. Section sixteen of chaptei: two hundred Amendment to 
and forty-three of the acts of the year eighteen hundred ^^^*' ^'*^' ^ ^^" 
and seventy-eight is hereb}'^ amended by striking out the 
first word of said section and inserting therein the word 
'•" all," and inserting before the word " the," in the fourth 
line, the words " any of," and by inserting after the word 
"lists," in the fourth line thereof, the words "between 
the close of registration and the day of the next succeed- 
ing election." 

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

Ai^proved April 26, 1881. 



552 



1881. — Chapters 222, 223, 224. 



Right to redeem 
personal prop- 
erty taken in 
posscpsion by 
vendor. 



Chap. 222 An Act in relation to conditional sales of personal 

PROPERTY. 

Be it enacted, etc., as folloios: 

Section 1. In cases of conditional sales of personal 
property hereafter made, the title to which is not to pass 
until the same is paid for in full, upon any breach of any 
condition or stipulation in such contract or conditional 
sale as to the payment of the purchase money, by which 
the vendor shall proceed to take possession of the prop- 
erty as provided for by the conditions of sale, the vendee 
shall have the right to redeem such property taken, by 
paying to the vendor or his agent within fifteen days after 
the taking possession of said property the full amount with 
interest and all lawful charges and expenses due to said 
vendor. 

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

Approved April 28, 1881. 



Chap. 223 



Natick set off 
fi'oni jurisdic- 
tion of court. 



An Act to set off the town of natick from the jurisdic- 
tion OF THE FIRST DISTRICT COURT OF SOUTHERN MIDDLESEX. 

Be it enacted, etc., as folloios: 

Section 1. The town of Natick is hereby set off 
from the jurisdiction of the first district court of Southern 
Middlesex. 

Section 2. This act shall not affect any action pend- 
ing in the first district court of Southern Middlesex at 
the time when this act shall take effect. 

Approved April 28, 1881. 



Chap, 



Compensation 
of clerks, etc. 



224 An Act to amend " an act relating to the salaries and 
compensation op the persons employed in the secre- 
tary's department." 

Be it enacted, etc., as folloios: 

Section 1. Section two of chapter seventy-nine of 
the acts of thte year eighteen hundred and seventy-nine 
is hereby amended by striking out the word " eleven," in 
the last line of said section, and inserting the word 
"twelve," in place thereof. 

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

Approved April 30, 1881. 



1881. — Chapters 225, 226. 553 

An Act relating to screens and other obstructions upon Chap. 225 

PREMISES IN WHICH INTOXICATING LIQUOR IS SOLD. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter two hundred and viewofprem- 
thirty-nine of the acts of the year eighteen hundred and nquJrI'lre n- 
eighty is amended by striking out in the ninth line the goid^nouo^e 
words " may at any time," and by inserting in place obstructed. 
thereof the word " shall " ; and by adding to said section 
the following words : — " And no such licensed person 
shall place or maintain, or authorize or permit to be 
placed or maintained, upon any premises used by him for 
the sale of spirituous or intoxicating liquors under the 
provisions of his license, any screen, blind, shutter, cur- 
tain, partition, or painted, ground, or stained glass window, 
or any other obstruction, which shall interfere with a view 
of the business conducted upon the premises. No person 
licensed as aforesaid shall expose in any window upon his 
premises any bottles or casks or other vessels containing, Bottiep, etc., 
or purporting to contain, intoxicating liquors, in such way posed i^nwL 
as to interfere with a view of the business conducted upon "^o^^- 
the premises." 

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

Approved April 30, 1881. 

An Act to prevent the use of buildings by clubs and Chap. 226 

OTHER associations FOR SELLING OR DISPENSING INTOXICATING 
LIQUORS IN CERTAIN CITIES AND TOWNS. 

Be it enacted, etc., as follows : 

Section 1. In any city or town in which the inhabit- cemin ciubs to 
ants vote as provided in chapter fifty-four of the acts of 8ance8jn*^town8 
the year eio^hteen hundred and eighty-one, that no licenses ^]lt!ir°_ 
shall be granted for the sale for intoxicating liquors, all granted, 
buildings, places or tenements therein, used by clubs for the 
purpose of selling, distributing or dispensing to their 
members or others, intoxicating liquors, shall be deemed 
common nuisances. 

Section 2. Whoever keeps or maintains or assists in Penalty for 
keeping or maintaining a common nuisance as defined in 
section one of this act, shall be liable to the same penalties 
as those keeping or maintaining the common nuisances 
described in section six of chapter eighty-seven of the Gen- 
eral Statutes. 

Section 3. This act shall take effect on the first day 
of May of the current year. Approved April 30^ 1881. 
70 



maintaining 
nuisance. 



554 



1881. — Chapter 227. 



Chap. 227 



Corporators. 



Name. 



Powers and 
duties. 



May purchase, 
improve and 
sell certain 
landM and flats 
in East Boston. 



May construct 
wharves and 
docile. 



May be ap- 
pointed public 
warehouseman. 



May lay and 
maintain rail- 
road tracks. 



An Act to incorporate the east haven company-. 
Be it enacted^ etc., as follows: 

Section 1. James Alexander, William Gaston, Josiah 
Quincy, Frederick O. Prince, James W. Converse, Edwin 
F. Waters, Edward A. Wliite and Norman C. Mimson, their 
associates and successors, are hereby made a corporation 
by the name of the East Haven Company, to be established 
in the county of Suffolk, with all the powers and privi- 
leges, and subject to all the duties, restrictions and liabilities, 
set forth in all general laws which now are or hereafter may 
be in force relating to similar corporations organized under 
the general laws of this Commonwealth, except so far as 
otherwise provided by this act. 

Section 2. Said corporation is hereby authorized to 
purchase, hold, manage, improve, lease and dispose of the 
land and flats situated in Boston in said county, and lying 
easterly and southerly of the sea wall built by the East 
Boston Company and of the Boston, Revere Reach and 
Lynn Railroad, in that part of Boston called East Boston, 
and westerly and southerly of Saratoga Street ; and to con- 
struct and maintain thereon ship channels, basins, docks, 
wharves, elevators, warehouses and other buildings and 
structures suitable for terminal facilities for receiving, 
storing, delivering and forwarding freight, including cattle 
and live stock, to be received and sent from steamships or 
other ships or from railroads ; and for the purpose of trans- 
acting all such business as is usually performed by persons 
or coiporations eng.iged in receiving, storing or forwarding 
fi-eight or passengers at the seaboard ; and to lay vessels at 
the ends and sides of its wharves and water frontage, and 
receive wharfage and dockage therefor ; and to keep open 
and convenient for navigation at all times the ship chan- 
nels, docks and basins which it is hereby authorized to 
construct ; and for the purposes aforesaid may be ap- 
pointed public warehouseman, pursuant to the laws of the 
Commonwealth, but shall not be authorized to carry on the 
business of buying and selling merchandise. 

Section 3. This corporation may lay and maintain 
railroad tracks to be operated by steam power upon any of 
its wharves or terminal grounds, and may, with the con- 
sent of and in methods imposed by the railroad commis- 
sioners, extend the same to, connect the same with, and 
cross the same over, the tracks of any railroad corporation 
or corporations, and may take land requisite for that pur 
pose : provided., hoivever, that no land or tracks of any 
railroad corporation shall, except for the connections 



1881. — Chapter 227. 



555 



required as aforesaid, be taken or interfered with without 
its consent; but any railroad corporation may by agree- 
ment with this corporation, under the limitations of this 
act, re-locate or extend its tracks in such manner as may be 
necessary for connection with the tracks of this corporation. 
This corporation may lay railroad tracks to be operated by 
steam power in such streets in that part of Boston called 
East Boston as the board of aldermen of the city of Boston 
may permit, and subject to such regulations and conditions 
as said board may prescribe ; but said board may at any 
time revoke such permission and discontinue any such 
location, upon due notice and hearing of the parties in 
interest. 

Section 4. The taking of any land for the purpose 
aforesaid, and the damages therefor, and the location and 
construction of any railroad to be constructed by this 
corporation under the authority of this act, and the opera- 
tion of any such railroad, shall so far as applicable thereto, 
be subject to the provisions of the general railroad act of 
the year eighteen hundred and sevent3'-four, and of any 
acts passed or to be passed in addition to the same or in 
amendment thereof. It shall be the duty of each railroad 
corporation whose railroad shall be connected with the 
tracks of this corporation, as aforesaid, either directly or 
over intervening road or roads, to receive and deliver 
freight cars at each of said connections, aijd to draw the 
same over its road at rates to be established according to 
the provisions of said general railroad act and any amend- 
ment thereof or addition thereto regulating the use and 
operation of connecting railroads. In making such con- 
nections this corporation shall have all the powers and be 
subject to all the duties, so far as applicable thereto, set 
forth in said act, amendments and additions in respect to 
connecting railroads. 

Section 5. Said corporation, for the purposes set forth 
in the preceding sections, may, in addition to the lands 
and flats above described, purchase and hold any such 
lands and flats adjoining any lands or flats of said corpora- 
tion as may be convenient and necessary therefor, and 
may acquire by purchase all the rights, powers and benefits 
granted to the Boston Land Company by the two hundred 
and twenty-fifth chapter of the acts of the year eighteen 
hundred and seventy-seven, but subject to the provisions 
therein contained : provided^ however^ that until the East 
Haven Company has acquired the rights, powers and 
benefits granted to the Boston Land Company by said act, 



Location and 
construction o 
road, land 
damages, etc. 



May purchase 
rights and 
powers of the 
Boston Land 
Company. 



Proviso. 



556 



1881. — Chapter 227. 



Use of locomo- 
tives and cars 
to be regulated 
by the board of 
aidermen. 



May extend 
wharves with 
approval of har^ 
bor commission- 
ers. 



May purchase 
land of the 
Commonwealth. 



Capital stock 
and shares. 



the same shall not be exercised and enjoyed under the 
authority of this act without the consent in writing of said 
Boston Land Company; and the first section of said chap- 
ter is hereby amended by substituting the words " nine 
years," for the words " six years," therein. 

Section 6. The crossing and use of all streets in that 
part of Boston called East Boston, by the locomotives and 
cars upon the tracks of any railroad leading to any dock, 
wharf, elevator, warehouse or other building or structure 
of said corporation, shall be under such rules and regula- 
tions and upon such conditions as the board of aldermen 
of said city may prescribe : provided^ hoivever^ that no street 
shall be crossed at grade without the consent of the rail- 
road commissioners. 

Section 7. This corporation, with the approval of the 
harbor and land commissioners, and in such manner and 
to such extent as the commissioners may see fit, may ex- 
tend its wharves, docks and terminal grounds beyond the 
commissioners' line, and may with the approval of said 
harbor and land commissioners, construct, maintain and 
use ship channels, docks, wharves and terminal grounds 
through or upon any land and flats belonging to the Com- 
monwealth adjoining any lands or flats of this corporation ; 
but in case of the extension of its wharves, docks or ter- 
minal grounds over any land or flats of the Commonwealth, 
this corporation shall pay into the treasury of the Common- 
wealth, as compensation for the same, such sums as the 
governor and council shall determine to be just and equi- 
table. And said commissioners, subject to the approval of 
the governor and council, may contract for the sale of, and 
may by deed convey to the East Haven Company on such 
terms as may be agreed upon, such land and flats of the 
Commonwealth as may be required for the purposes of said 
company. 

Section 8. The capital stock of said corporation shall 
not be less than two hundred and fifty thousand dollars 
nor more than three million dollars, to be fixed and in- 
creased as may be necessary from time to time by vote of 
the corporation, and shall be divided into shares of the par 
value of one hundred dollars each ; but said corporation 
shall not take any land or commence the transaction of 
business until the whole amount of the capital stock as 
then fixed shall have been paid in, in cash, agreeably to 
the provisions of the general laws relative to corporations 
organized under the laws of the Commonwealth, and a cer- 
tificate thereof filed in the office of the secretary of the 



1881. — Chapter 228. 



557 



Commonwealth as required by section thirty -two of chap- 
ter two hundred and twenty-four of the acts of the year 
eighteen hundred and seventy. 

Section 9. Any raihoad corporation witliin or without 
the Commonwealth, the tracks of which sliall either di- 
rectly or over intervening road or roads connect with any 
track or tracks laid and maintained on said terminal land, 
the East Boston Company and any steamship company en- 
gaged in the carriage of freight between the port of Bos- 
ton and any foreign port, may subscribe for and hold stock 
in the East Haven Company, and in such case may, by its 
president or any agent appointed by its board of directors 
for the purpose, be represented and vote at all meetings of 
the East Haven Company. 

Section 10. It shall be the duty of said corporation 
hereby created to receive and store at reasonable rates, and 
under reasonable regulations, and so far as its capacity may 
admit, all freights received or to be sent that shall be of- 
fered to said corporation. Said corporation shall make no 
discrimination against or in favor of any railroad corpora- 
tion or ship owner desiring to do business on its premises. 

Section 11. Said corporation may issue its bonds, and 
secure them by mortgage of its property and franchise, to 
an amount not exceeding two-thirds of its capital stock 
then paid in. 

Section 12. Unless this corporation shall construct or 
cause to be constructed under the authority of this act, 
within five years from the passage thereof, one or more 
docks, with capacity at least for two ocean steamers, the 
rights and powers granted in and by this act, in respect to 
lands and flats of the Commonwealth, shall cease and be- 
come void, except where and so far as valuable structures, 
works or enclosures shall have been actually and in good 
faith built or made under the same, and except as to lands 
and flats actually purchased of the Commonwealth. 

Section 13. This act shall take effect upon its passage. 

Approved April 30, 1881. 



Subscribers fijp 
stock in the 
company. 



Storage of 
freights. 



May issue bonds 
and mortgage 
property. 



Doclis to be 
constructed 
within five 
years. 



An Act to require the hous atonic railroad company to con- Chap. 228 

STRUCT A station AT STOCKBRIDGE. 

Be it enacted., etc., as follows: 

Section 1. The Housatonic Railroad Company is re- To maintain a 
quired to erect and maintain in the town and near the vil- vmageof^*" 
lage of Stockbridge a station reasonably commodious and stockbridge. 
furnished for the use of passengers. Said company shall 
within ninety days after the passage of this act cause plans 



558 



1881. — Chapter 229. 



May take land. 



Station to be 
completed on or 
before Jan. 1, 
1883, under 
penalty. 



Chap, 229 



May prescribe 
duties of certain 
officers and fix 
their compensa- 
tion, by ordi- 
nance. 



Certain ordi- 
nances con- 
firmed. 



and designs to be prepared of the proposed station, includ- 
ing the location thereof, and submit them to the board of 
railroad commissioners for their approval. Said board shall 
within thirty days approve the same or order such changes 
therein as in their judgment the safety and convenience of 
the public require ; and the changes so ordered, if an}^, 
shall be made by said company within thirty days after 
such order. And if it becomes necessary in locating and 
constructing said station or removing its freight station for 
said company to take land without agreement with the 
owner or owners thereof, it shall be taken under the pro- 
visions of law relating to the taking of land for railroad 
tracks. 

Section 2. Said passenger station shall be located, con- 
structed and furnished according to such plans so approved 
or ordered to be changed by said board, and be ready for 
use on or before the first day of January in the year eigh- 
teen hundred and eighty-three. If said company neglects 
to perform the duty, required of it by section one, it shall 
forfeit and pay the sum of one hundred dollars for each 
day's delay in performing said duty ; and if, after receiv- 
ing notice of the action of the board, said company does 
not comply with the requirements of section two, it shall 
forfeit and pay two hundred dollars for each month's delay 
in completing and furnishing said passenger station, and 
said forfeitures may be recovered in actions of tort to the 
use of the Commonwealth. 

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

Approved April 30, 1881. 

An Act relating to ordinancks of the city of boston. 
Be it enacted, etc., as follows: 

Section 1. The city council of Boston may pass ordi- 
nances prescribing the duties and fixing the compensation 
of officers for whose appointment or election they are now 
or may hereafter be authorized to provide, and every such 
officer unless otherwise provided by statute may be em- 
powered by ordinance to hold office for one year from the 
day in the year of his election or appointment fixed by 
ordinance, and until his successor sliall be elected or ap- 
pointed and qualified, unless sooner removed by concurrent 
vote of each branch of the city council. 

Section 2. The ordinances of said city so far as they 
provide for a term of ofiice longer than one year for 
members of the board of health and of the board of fire 
commissioners, are hereby confirmed, and the persons now 



1881. — Chapter 230. 559 

acting under said ordinances as members of said boards 
shall severally hold their offices and have the powers and 
duties thereof until their successors are qualified. 

SectiOjST 3. The enacting style and method of publish- Enacting style, 
ing the ordinances of said city shall be such as the city 
shall by ordinance prescribe. 

Section 4. All fines and penalties for the breach of Fines to be 
any ordinance of said city shall be paid into the treasury E-tasury". 
for the use of said city unless otherwise provided by stat- 
ute or ordinance. 

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

Approved April 30, 1881. 

An Act in addition to an act to provide for the Man- Chap. 230 

AGEMENT OF THE HOOSAC TUNNEL AND THE TROY AND GREEN- 
FIELD railroad. 
Be it enacted, etc., as follows: 

Section 1. The manager of the Troy and Greenfield Manager may 
Railroad and Hoosac Tunnel is authorized to make and "p^e^ltion of"*^ 
enforce all needful rules for the operation thereof, includ- ^■°^'^- 
ing the operation of the yard at North Adams, and also YardatNortii 
including rules as to the circumstances which shall consti- ^"*' 
tute delivery of freight and freight cars from one railroad 
company to another at said yard. And he shall have the 
power to operate said j^ard, including the shifting of cars 
therein, and to hire men and locomotive power therefor, 
and in case of necessity he may use the locomotive power 
of any operating railroad company therefor ; and said man- 
ager shall live in North Adams. 

Section 2. If any of the companies operating said, if rules are 
road shall object to any of said rules, the question shall commfssiMers 
be decided at once by the board of railroad commissioners, '^o decide. 

Section 3. If any rule made by the manager shall im- no new liability 
pose duties upon any station agent or other employ^ of ru'ierrequ^re 
the state, not required of such agent or employ^ by exist- ^"glfd^^^^'^gt 
ing contracts with any operating railroad companies, no ing contracts. 
new liability shall thereby be imposed upon the Common- 
wealth, or the manager of the state railroad, nor shall 
the violation or neglect of such rule render the Common- 
wealth or the manager liable in any way, nor relieve from 
liability any operating railroad company which would oth- 
erwise be liable whose employes have by misconduct or 
negligence contributed to an accident. 

Section 4. If either of said operating companies shall Remedy for 
refuse or neglect to comply with any rule made by the o" rufeT^ 
manager, he may in addition to his other remedies apply 



560 



1881. — Chapter 231. 



Account of 
earnings and 
traffic. 



Chap. 231 



May issue bonds 
to fund its pres- 
ent debt. 



Bale and dispo- 
sition of bonds. 



Bonds to be 
countersigned 
by a majority of 



to the attorney general, who may in his behalf make com- 
plaint before any justice of the supreme judicial court, in 
term time or vacation, and said justice shall have power in 
a summary manner to hear the complaint and to enforce 
his decision thereon by injunction or by any other fit de- 
cree. And the decision of said justice, pending appeal or 
exceptio..s, shall remain in full force. 

Section 5. Each operating railroad company shall fur- 
nish the said manager such record of transactions as will 
enable him to make up the earnings of the Troy and 
Greenfield Railroad and the traffic thereof, with ai)peal to 
the boaid of railroad commissioners in case of disagree- 
ment as to what is necessary for that purpose in respect to 
items and time of reporting. Approved April 30, 1881. 

An Act to authorize the town of beverly to refund its 

indebtedness. 
Be it enacted, etc., as foUoios : 

Section 1. The town of Beverly for the purpose of 
funding its present debt may issue coupon or registered 
bonds to an amount not exceeding in all one million one 
hundred thousand dollars ; the bonds shall bear date tlie 
first day of July in the year eighteen hundred and eight}'- 
one, and be payable the first day of July in tlie year nine- 
teen hundred and eleven ; they shall be in the sum of five 
bundled dollars or any multiple of five hundred dollars 
and shall bear interest payable semi-annually at the rate 
of four per cent, per annum ; the}' shall be signed by the 
treasurer and countersigned by the selectmen. 

Section 2. These bonds may be disposed of in one of 
the three following ways and not otherwise ; first, — they 
may be sold by the treasurer at their market value and 
the proceeds used in payment of any of the outstanding 
notes of the town at their maturity ; or second, — they 
may be sold by the treasurer at their market value and 
the proceeds used in the purchase of the said notes before 
maturity at their fair market value; or third, — these 
bonds may be exchanged by the treasurer for the notes of 
the town now outstanding, in which case interest war- 
rants may be issued for the interest specified in the notes 
taken in exchange over and above the interest provided 
for in the bonds given in exchange. Such interest war- 
rants shall be signed by the treasurer and countersigned 
by the selectmen or a majority thereof. 

Section 3. Whenever the treasurer has occasion to 
issue bonds for any of the purposes mentioned in section 



1881. — Chapter 231. 



561 



two, he shall state in detail in writing to the selectmen 
the number of bonds and interest warrants he has occa- 
sion to issue and the purpose for which they are needed ; 
and thereupon the selectmen shall countersign as many 
of said bonds and interest warrants as shall be necessary 
for the purposes in said writing indicated. No bond shall 
be valid until countersigned by the selectmen or a majority 
thereof. 

Section 4. Said town shall annually raise by taxation 
an amount sufficient to pay the interest on all bonds issued 
under this act and on its outstanding notes as it accrues, 
and the interest specified in the interest warrants men- 
tioned in section two ; and shall also raise b}' taxation for 
the next ten years including the present year, ten thou- 
sand dollars a year, and thereafter until the bonds are 
paid twenty thousand dollars a year, which sums shall be 
added to the present sinking fund of said town established 
under chapter one hundred and sixty-eight of the acts of 
the year eighteen hundred and seventy-four, which sink- 
ing fund, together with all such yearly additions, shall be 
held in trust ; first, for the payment of the notes of the 
town now outstanding, and, after said notes are paid, in 
trust for the payment of the bonds to be issued under 
this act. 

Section 5. Commissioners of the sinking fund men- 
tioned in section four shall be elected in accordance with 
chapter two hundred and nine of the acts of the year 
eighteen hundred and seventy-five ; and upon the election 
thereof the present commissioners of the present sinking 
fund, chosen under chapter one hundred and sixty-eight 
of the acts of the year eighteen hundred and seventy-four, 
shall transfer to them the assets of that sinking fund, and 
thereupon the duties of the present commissioners shall 
cease. 

Section 6. Except as in this act otherwise provided 
the town of Beverly shall be subject to chapter two hun- 
dred and nine of the acts of the year eighteen hundred 
and seventy-five. The supreme judicial court shall have 
the same jurisdiction to enforce the provisions of this act 
as it has under section eleven of chapter two hundred and 
nine of the acts of the year eighteen hundred and seventy- 
five to enforce the provisions of that act. 

Section 7. Chapter one hundred and sixty-eight of 
the acts of the year eighteen hundred and seventy-four is 
hereby repealed. The word notes as used in this act does 
not include notes given in anticipation of taxes. 

71 



the selectmen. 



Amount to be 
raised by 
taxation. 



Sinking fund. 



Commissioners 
of sinking fund 
to be elected. 



Limitation of 
town debt. 



Repeal. 



562 



1881. — Chapters 232, 233, 234. 



Subject to 
acceptance by a 
two-thirds vote. 



Chap. 



Section 8. This act shall not go into effect until 
accepted by a vote of two-thirds of the legal voters 
present and voting at an adjournment of the annual meet- 
ing or a meeting duly called for the purpose. 

Approved Ajyril 30, 1881. 



232 -A.N Act to authorize the town of Northampton to adopt 

AND EXECUTE THE PROVISIONS OP THE WILL OF CHARLES E. 
FORBES. 



May execute 
provisions of 
will. 



Subject to 
acceptance by 
town. 



Be it enacted, etc., as follows: 

Section 1. All requisite power and authority is hereby 
given to the town of Northampton to adopt and execute 
all the provisions of the will of Charles E. Forbes late of 
Northampton, relating to the establishment and mainte- 
nance of a library at said Northampton, and to perform all 
the conditions and to assume all the obligations mentioned 
in said will, and to be forever bound to the performance 
thereof. 

Section 2. This act shall take effect upon votes being 
duly passed by the town of Northampton in legal town 
meeting called for the purpose, and recorded among the 
records of the town, whereby the town shall accept this 
act and the provisions and bequests of said will, and shall 
undertake to perform all the conditions and assume all the 
obligations mentioned in said will. 

Approved May 3, 1881. 

Chap. 233 ^^ -^^"^ ^^ relation to the jurisdiction of courts of in- 
solvency IN certain cases. 
Be it enacted, etc., as follows: 

Section 1. Proceedings in insolvency, by or against a 
person who has removed from one county to another in 
this Commonwealth, shall be commenced, heard and deter- 
mined in the court of insolvency in the county from which 
he removed, unless he has resided since such removal for 
three consecutive months in some other county. 

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

Apjjroved May 3, 1881. 

Chap. 234 An Act concerning the trial of causes of divorcb, and 
the right to marry of parties against whom a divorce 

HAS been granted. 

Be it enacted, etc. , as follows : 
Complaint to be SECTION 1. When a divoi'ce is granted for adultery or 
plMon^^di'TOrcefi otlicr causc Constituting a criminal offence, committed 
offenc"'™'""' ^vithin this Commonwealth and within the time prescribed 



Jurisdiction 
when party re- 
naoves to anoth- 
er county. 



1881. — Chapter 234. 



563 



by law for making complaints and finding indictments 
therefor, the court granting the divorce may in its dis- 
cretion cause notice thereof to be given by the clerk of 
the court to the district attorney for the county in which 
such offence was found to have been committed, together 
with a list of the witnesses proving such offence, and any 
other information the court may deem proper, and there- 
upon it shall be the duty of the district attorney to cause 
complaint of the offence to be made before some magistrate 
having jurisdiction thereof, or to present the same to the 
grand jury. 

SECTioisr 2. All decrees of divorce shall in the first in- 
stance be decrees wm, to become absolute after the expira- 
tion of six months from the entry thereof on application 
of either party to the libel to the clerk of the court, and 
on such application the clerk shall enter a final decree un- 
less the court has for sufficient cause, on application of any 
party interested, otherwise ordered. 

Section 3. The court before which any libel for 
divorce is pending may, without entering a decree of 
divorce, cause the same to be continued upon the docket 
from time to time, and during the continuance of the same 
may make such orders and decrees concerning a temporary 
separation of the parties, the separate maintenance of the 
wife and the custody and support of minor children, as in 
its judgment the interests of the parties and the necessi- 
ties of the case demand, and such orders and decrees may 
be changed or annulled as the court may determine, and 
any orders or decrees of said court under this section shall 
supersede any order or decree of the probate court under 
chapter sixty-four of the acts of the year eighteen hundred 
and eighty or under acts in amendment thereof or in addi- 
tion thereto, and may suspend the right of said probate 
court to act thereunder during the time said orders or de- 
crees are in force. 

Section 4. The party against whom a divorce has 
been or may hereafter be granted shall not marry within 
two years from the time of the entry of the final decJee of 
divorce ; at the expiration of said two years said party may 
marry without petition to the court. 

Approved May 6, 1881. 



Decrees nisi to 
become absolute 
on application 
to clerk, unless 
otherwise or- 
dered by court. 



During penden- 
cy of libel, tem- 
porary separa- 
tion may be 
ordered, etc. 



Party against 
whom divorce 
is granted may 
marry at ex- 
piration of two 
years. 



564 



1881. — Chapter 235. 



Chap. 235 An Act concerning the examination of debtors and wit- 
nesses IN PROCEEDINGS IN INSOLVENCY, AND THE DISCHARGE 
OF INSOLVENT DEBTORS. 



Examination of 
debtor, on oath, 
before tlie 
judge. 



Failing to ap- 
pear, may be 
committed to 
jail. 



Discharge for- 
feited by pro- 
ceedings in 
fraud of cred- 
itors. 
G. 8. 118, § 87. 



Publication of 
notice of filing 
petition. 



Repeal. 



Be it enacted, etc., as follows : 

Section 1. An insolvent debtor shall, when required 
by the court at any time before the granting of his certifi- 
cate, upon reasonable notice attend and submit to an ex- 
amination on oath before the judge, by the assignee or by 
any creditor, touching his trade and dealings, his property 
and debts, and all matters which may affect the settlement 
of his estate in insolvency ; and upon cause shown, by 
affidavit of any person interested in the estate, the court 
may summon any person suspected of having fraudulently 
received, concealed, embezzled or conveyed away, any 
money, goods, effects or other estate of the debtor, or of 
having any assets of the debtor in his possession, or of 
having knowledge of an}^ thing material whatsoever relat- 
ing to the assets or dealings of the debtor, to appear and 
submit to an examination in like manner. If the person 
summoned fails to appear after due notice and submit to 
such examination, or to answer such interrogatories as are 
lawfully propounded to liim, the judge may commit him 
to the jail of the county, there to remain in close custody 
until he submits to the order of the court. All such ex- 
aminations, when required by the judge, shall be in writ- 
ing, signed by the party examined and filed with the other 
proceedings in the case. 

Section 2. Section eightj^-seven of chapter one hun- 
dred and eighteen of the General Statutes is hereby amend- 
ed by inserting in the tenth line thereof, after the word 
" he," the words " has obtained on credit from any person 
any money, goods, chattels or other thing of value, with 
intent not to pay for the same, or." 

Section 8. Section seven of chapter two hundred and 
forty- five of the acts of the year eighteen hundred and 
seventy-nine is hereby amended by striking out the words 
"at least once a week for three successive weeks," and in- 
serting in the place thereof the word " twice," and In- 
striking out the words "published in said count3^" 

Section 4. Sections sixty-six and one hundred and 
seven of chapter one hundred and eighteen of the General 
Statutes are hereby repealed. 

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

Approved May 6, ISSl. 



1881. — Chapters 236, 237. 



565 



to by made in 
writing, etc. 



An Act to amend chapter two hundred and thirty-four Chap. 236 

OF THE ACTS OF THE YEAR EIGHTEEN HUNDRED AND SEVENTY- 
SEVEN, RELATING ' TO NOTICES OF INJURIES RECEIVED UPON 
HIGHWAYS. 

Be it enacted^ etc., as foUoios: 

Section 1. Section four of chapter two hundred and Notices of in. 
thirty-four of the acts of the year eighteen hundred and ipM^hTghways 
seventy-seven is amended so as to read as follows : " The 
notice herein before required shall be in writing, signed by 
the person injured, or by some one in his behalf, and may 
be given, in the case of a county, to any one of the county 
commissioners or to the county treasurer ; in the case of a 
city, to the mayor, the city clerk, or treasurer ; and in the 
case of a town, to one of the selectmen or to the town 
treasurer or clerk : provided., however., that if from physical Proviso. 
or mental incapacity it be impossible for the person injured 
to give the notice within the time herein before provided, 
he may give notice within ten days after said incapacity is 
removed, and in case of his decease without having given 
the notice, and without having been for ten days at any 
time after his injury of sufficient capacity to give the no- 
tice, his executor or administrator may give such notice 
within thirty days after his appointment." 

Section 2. Chapter two hundred and forty-four of the Repeal. 
acts of the year eighteen hundred and seventy-nine is here- 
by repealed. 

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

Approved May 6., 1881. 

An Act relating to the bonds of guardians of neglected Chap.2'M 

AND DESTITUTE CHILDREN. 

Be it enacted, etc., as follows: 

Section 1. In the appointment of guardians of neg- Guardians of 

lected or destitute children, under the authority of chap- dren'^may be'' 

ter three hundred and sixtv-seven of the acts of the year exempted from 

. , Till ■' 1 11 -IT giving sureties 

eighteen hundred and seventy-three, and the acts in addi- upon official 
tion thereto and amendment thereof, the probate court may 
in its discretion exempt the guardian from furnishing sure- 
ties upon his official bond ; but such guardian may at any 
time afterward be required by the court to furnish sureties 
if the protection of his ward's interests render it necessary. 
Section 2. This act shall take effect upon its passage. 

Approved May 6, 1881. 



566 



IHSl. — Chapter 2:38. 



Chap. 238 An Act to abate a nuisance in the city of boston, and for 

THE PRESERVATION OK THE PUBLIC HEALTH IN SAID CITY. 



Owners may be 
ordered to hll 
the flats of 
Prison Point 
Bay. 



Orders to be in 
writing. 



City of Boston 
to till up flats, if 
owners fail to 
comply. 



Expenses in- 
curred, to be a 
lien upon the 
several parcels 
of territory. 



Assessment 
may be appor- 
tioned and paid 
In three equal 
annual pay- 
ments, upon 
request of 
owner. 



Be it enacted^ etc., as follows: 

Section 1. The board of health of the city of Boston 
may order the owners of the flats and basin, and of the 
creek connected therewith, of Prison Pouit Ba}^ so called, 
situated in that part of Boston called Charlestown, and 
lying north of the Fitchburg Railroad and the old state 
prison grounds, west of Canal Street, soutli of Cambridge 
Street, and north and east of the boundary line between 
Boston and Somerville, to fill up their said flats, basin and 
creek with good earth, or other suitable material, to a 
grade not less than ten feet above mean low water, in 
order to secure the abatement of the existing nuisance 
therein, and for the preservation of the public health of 
said city; and may also direct in such orders within what 
time any specific portion thereof shall be filled. 

Section 2. Such orders shall be made in writing, and 
served upon such owners or occupants in the manner 
prescribed in section nine of chapter twenty-six of the 
General Statutes for the service ot orders of boards of 
health. 

Section 3. If any owner of the territory, or of au}- 
interest in any part thereof, described in the first section 
of this act, fails to begin to comply with any such order 
within three months after service thereof upon him, or 
fails after such beginning to comph^ diligently with such 
order, or at the expiration of one year after the service 
thereof has failed to comply fully with such oider, the city 
of Boston shall fill up the said territory with good earth or 
other suitable material, to a grade ten feet above mean low 
water ; and all expenses incurred thereby shall constitute 
a lien upon the several parcels of said territory and the 
land made by said filling, and upon all buildings thereon, 
which may be assessed by tlie board of aldermen of said 
city of Boston, and the assessment so made, with the 
charges for cost and interest, may be enforced and col- 
lected by the city collector of said city ; and said collector 
may purchase such land and buildings in behalf of said 
city as provided by law for the collection of taxes upon 
real estate, and in case of land sold for taxes. 

Section 4. If the owner or owners of any land so 
assessed for such expenses desire to have the amount of 
said assessment apportioned, he or they shall give notice 
thereof, in writing, to the board of aldermen of said city, 
at any time before a demand is made u[)oii him or them for 



1881. — Chapter 238. 567 

the payment thereof; and said board shall thereupon 
apportion said amount into three equal parts, which appor- 
tionment shall be certified to the assessors of said city ; 
and the said assessors shall add one of said equal parts, 
with six per cent, interest thereon, to the annual tax of 
said land each year, for the three years next ensuing. 

Section 5, If the owner or owners of any parcel of owner dissatig- 
land, the grade of which is raised under the third section me'!irmay''ap''piy 
of this act, is dissatisfied with the assessment of the ex- to superior 

, _ court tor a jury. 

penses of raising the grade of his or their land, he or they 
may, within twelve months after receiving notice of such 
assessment, apply for a jury, by petition to the superior 
court for the county of Suffolk, and have the expenses 
assessed in the same manner as betterments for the laying 
out of streets and highways in the county of Suffolk may 
be assessed. 

Section 6. If the jury do not reduce the amount of Recovery of 
the assessment complained of, the respondent shall recover ^°^^^' 
costs against the petitioner, which costs shall be a lien 
upon the estate and be collected in the same manner as 
the assessment; but if the jury reduce the amount of the 
assessment the petitioner shall recover costs ; and all 
assessments shall be a lien on the estate for one year after 
the final judgment in any suit or proceeding where the 
amount or validity of the same is in question, and shall 
be collected in the same manner as original assessments. 

Section 7. Said city may construct and maintain such city may eon- 
sewers in the territory mentioned in section one of this act mai'ntatn"^ 
as it deems the public health and convenience require ; s^wera. 
and shall make suitable provi>ion for carrying off all the 
surface water naturally flowing into the teiritory author- 
ized to be filled by this act, and also for all water flowing 
into the same through all creeks or other natural water 
courses. 

Section 8. The said city of Boston may lay, or permit May permit raii- 
to be laid, railway tracks through or across its streets, beXid"*^'^* '° 
and maintain or permit them to be maintained so long as 
may be necessary for transporting earth and other material 
to fill up the territory, as herein provided. 

Section 9. All filling and grading done under this act Fining, etc., to 
shall be done within two years from the passage hereof. in t*wo yearl.*'^" 

Section 10. This act shall take effect upon its passage. 

Approved May 6, 1881. 



568 



1881. — Chapter 239. 



Chap. 239 



Corporators. 



Name. 



Powers and 
duties. 



May construct 
elevators and 
warehouses. 



May be ap- 
pointed public 
■warehouseman. 



May lay tracks 
to be operated 
by steam power. 



Reception and 
delivery of 
freight cars. 



May purchase 
property and 
francliiKCHof tho 
MyHtlc llivcr 
Corporation, 
»nd of thfl 



An Act to incorpor.vte the ocean terminal railroad dock 

AND elevator COMPANY. 

Be it enacted, etc., asfolloios: 

Section 1. Josepli E. Bartlett, Amos Stone, George 
ri. Jiicol)s, George W. Ireland, William P. Blake, diaries 
Collier, David N. Skillings, Franklin O. Keed and William 
B. Long, their associates and successors, are hereby made a 
corporation by the name of the Ocean Terminal Railroad 
Dock and Elevator Company, to be established in the city 
of Boston, with all the powers and i)rivileges and subject 
to all the duties, restrictions and liabilities set forth in all 
general laws which now are or hereafter may be in force 
relating to all similar corporations organized under the 
general laws of this Commonwealth, except so far as other- 
wise especially provided b}^ this act. 

Section 2. Said corporation is hereby authorized to 
construct and maintain elevators, warehouses and other 
buildings and structures suitable for terminal facilities for 
the reception, storing, delivering and forwarding of freight, 
also to transact all such business as is usually performed by 
persons or corporations engaged in receiving, storing or 
forwarding fi'eight at the seaboard, and for that purpose 
may be appointed public warehouseman pursuant to the 
laws of the Commonwealth, but shall not be authorized to 
carry on the business of buying and selling merchandise. 

Section 3. Said corporation ma}' lay and maintain 
railroad tracks, to be opei'ated by steam power, upon any 
of its wharves or terminal grounds, and may connect the 
same with the tracks of any railroad extending to said 
terminal grounds and wharves. It shall be the duty of 
each railroad corporation whose railroad shall be connected 
with the tracks of this corporation, as aforesaid, either 
directly or over any intervening road or roads, to receive 
and deliver freight cars at each of said connections, and to 
draw the same over its road at rates to be established 
accoiding to the provisions of the general railroad act, and 
any amendment thereof or addition thereto, regulating the 
use and operation of connecting railroads. In nuiking such 
connections this corporation shall have all the ])owers and 
be subject to all the duties, so far as applicable thereto, set 
forth in said act and amendments and additions thereto in 
respect to connecting railroads. 

Section 4. Said corporation, for the purpo.ses set forth 
in this act, may purchase and hold all or any part of the 
lands, wharves, property, rights, privileges and franchises 
of the Mystic River Corporation, and of tlie Ocean Tor- 



1881. — Chapter 239. 



569 



minal Railroad Company, upon such terms and conditions 
as shall, at any time within one year from the passnge of 
this act, be agreed upon by the directors of each of said 
corporations, and approved by a majority in interest of the 
stockholders respectively of said corporations, and of the 
Ocean Terminal Railroad Dock and Elevator Company, 
present and voting at meetings duly called for that pur- 
pose ; and the said Mystic River Corporation, and the said 
Ocean Terminal Railroad Company, are hereby severally 
authorized to sell, convey and transfer to the Ocean Ter- 
minal Railroad Dock and Elevator Company, all or any 
part of their respective lands, wharves, property, rights, 
privileges and franchises. , Said Ocean Terminal Railroad 
Dock and Elevator Company, shall be subject to all the 
duties, restrictions and liabilities to which said corpora- 
tions, or either of them, at the time of said purchase are 
subject so far as relates to the lands, wharves, property, 
rights, privileges and franchises so transferred. 

Section 5. The capital stock of said corporation shall 
not be less than five hundred thousand dollars nor more 
than two million dollars, to be fixed and increased as may 
be necessary from time to time by vote of the corporation, 
and shall be divided into shares of the par value of one 
hundred dollars each ; but said corporation shall not begin 
the transaction of business until the whole amount of the 
capital stock as then fixed shall have been paid in, in cash, 
agreeably to the general laws relative to corporations 
organized under the laws of the Commonwealth, and a 
certificate thereof filed in the office of the secretary of 
the Commonwealth as required by section thirty-two of 
chapter two hundred and twenty-four of the acts of the 
year eighteen hundred and seventy. 

Section 6. Any railroad corporation, within or with- 
out the Commonwealth, owning a railroad the tracks of 
which connect, either directly, or over intervening tracks, 
with the tracks of this corporation ; any steamship com- 
pany engaged in the carriage of freight between the port 
of Boston and any foreign port ; and any incorporated 
land transportation company, may subscribe for and hold 
stock in tlie said Ocean Terminal Railroad Dock and 
Elevator Company, and in such case may, by its president 
or by any agent appointed by its board of directors for 
that purpose, be represented and vote at all meetings of 
said Ocean Terminal Railroad Dock and Elevator Com- 



Opcnn Terminiil 

IJuih-oad 

(Jompany. 



Capital Htock 
and lihares. 



Business not to 
bi' cdniiiionced 
until wVioIc 
cajiital lias been 
paid in. 



Stock naay be 
taken by con- 
necting rail- 
roads, steam- 
ship comijanies 
carrying foreign 
freiffht, and in- 
corpiiratcd land 
transportation 
companies. 



pany. 

Section 7. 

72 



Said corporation may lease the whole or May lease 

premisea. 



570 



1881. — Chapter 2-10. 



May issue bonds 
and secure by 
murtgage. 



Chap. 240 



City of Cam- 
bridsje to con- 
struct a sower 
and discbari^e 
certain sewage 
in a sewer in 
Somerville. 



Provisos. 



City council of 
CauilitiUgu may 



any part of its premises to be used for the purposes author- 
ized by this act. 

Section 8. Said corporation may issue its bonds and 
secure them by mortgage of its property and franchise to 
an amount not exceeding three-fourths of its capital stock 
then paid in. 

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

Approved May 6, 1881. 

An Act concerning alewife brook and certain sewers in 
cambridge and somerville. 

Be it enacted^ etc., as follows : 

Section 1. The city of Cambridge shall construct an 
intercepting sewer of sufficient capacity, and by means 
thereof shall conduct the sewage of the Concord Avenue, 
Spruce Street, and North Avenue sewers in said city, and 
of any sewer at any time discharging into either of said 
sewers or into said intercepting sewer, to some convenient 
spot upon the poor farm in said city ; shall there construct 
a storage basin for the temporary deposit of such sewage 
and by means of pumps or otherwise shall raise such sew- 
age to a sufficient height to discharge the same by means 
of a connecting sewer at a convenient point in the sewer 
in Newbury Street, in the city of Somerville ; shall con- 
struct such connecting sewer and shall so discharge the 
said sewage for the term of five years from the first day of 
September next, the connection with the said Somerville 
sewer to be made on or before said first day of September : 
provided., that during repairs upon an}' Somerville sewer 
into which the Cambridge sewage shall be so discharged, 
pumping shall be discontinued if the city engineer of 
Somerville shall so request of the city of Cambridge ; and 
shall also be discontinued during any sudden and violent 
shower, storm, or unusually high tide, if reason aljlj'' neces- 
sary, but the city of Cambridge may during any such dis- 
continuance discharge its sewage into Alewife Brook ; 
provided, hotvever, that if this method of disposing of said 
sewage be adjudged impracticable as hereinafter i)iovided, 
then the obligation imposed b}' this section shall be void, 
and provided, further , that whenever the city of Cambridge 
shall adojjt and carry into active operation any other meth- 
od of disposing of the sewage of its sewers above named 
and sewers at any time discharging therein than by a dis- 
charge into Alewife Brook, the obligation iin[)osed by this 
section shall be void. 

Section 2. For the purposes niamed in the preceding 



1881. — Chapter 240. 



571 



section, the city council of Cambridge shall have the same 
right to take private land in Somerville as it now has to 
take land for sewers in Cambridge, and all the proceedings 
of such taking shall be conducted in the same manner as 
though such land were in Cambridge, and all persons and 
corporations suffering damage in their property by reason 
of such taking shall have the same rights and remedies for 
ascertaining and recovering the amount of such damage as 
in the case of land taken for sewers in Cambridge. 

Section 3. If at any time after the construction of the 
works required by the first section hereof and actual trial 
thereof, that method of disposing of said sewage be deemed 
by the state board of health, lunacy and charity, after such 
notice and hearing as said board may order, impracticable 
without great and unreasonable expense, then the obliga- 
tion imposed by the first section hereof shall be void. 

Section 4. After the expiration of five years fiom the 
first day of September next the city of Cambridge may at 
its option continue or discontinue the works prescribed in 
the first section hereof; said continuance, however, to be 
for a term of five years and no more, except with the con- 
sent of the city of Somerville, and subject to the same 
conditions as the original term. 

Section 5. So long as the city of Cambridge dis- 
charges its sewage into the sewer of Somerville in the 
manner herein before prescribed, it shall pay annually to 
the city of Somerville upon the first day of September, 
the first payment to be made on the first day of September 
A.D. eighteen hundred and eighty-two, the sum of one 
thousand dollars, and in the same ratio for any part of a 
5'ear, and during the same period shall dispose of the sew- 
age and storm water of the city of Somerville emptying 
into any sewer of Cambridge under the provisions of this 
act, in the same manner that it disposes of its own sewage 
and storm water in the same sewers, and without any cost 
or charge to the cit}^ of Somerville. 

Section 6. The city of Somei-ville for the purposes of 
draining the following described territory situated in Som- 
erville, namely; — Connnencing at a point on the boundary 
line between Cambridge and Somerville, distant one hun- 
dred sixty-eight feet southeasterly from a stone bound 
marking said boundary line and numbered twenty-two ; 
thence running southeastwardly by said boundary line to 
the southeasterly line of Meacham Street ; thence turning 
and running northeastwardly by said southeasterly line 
of Meacham Street to the Middlesex Central liciiiroad ; 



take land in 
Somerville. 



If method of 
disposing of 
sewage is 
deemed imprac- 
ticable by state 
board of health, 
etc., obligation 
to be void. 



To be discon- 
tinued after five 
years, except 
■with consent of 
Somerville. 



Cambridge to 
pay Somerville 
$1,000 annually. 



Description of 
territory in 
Somerville to be 
drained by con- 
necting with 
sewers in Cam 
bridge. 



572 



1881. — Chapter 240. 



City council of 
Somerville may 
take land in 
Cambridge. 



Each city may 
enter upon and 
dig up streets, 
etc. 



thence continuing in the same direction and crossing said 
railroad to a point one hundred feet southwesterly from 
the southwesterly line of Holland Street ; thence turning 
and running northwestwardly by a line parallel with said 
southwesterly line of Holland Street and one hundred 
feet distant therefrom to the southeasterly line of Elm- 
wood Street; thence turning and running southwestward- 
ly by said southeasterly line of Elmwood Street to a point 
in line with the prolongation of the southwesterly line of 
Mead Street; thence turning and running northwestward- 
ly by said southwesterly line of Mead Street prolonged, 
crossing Elmwood Street and Cameron Avenue, and by 
the said southwesterly line of Mead Street to the north- 
westerl}^ line of Moore Street ; thence in the same direc- 
tion crossing Newbury Street and Clarendon Avenue to 
the land owned by the city of Cambridge ; thence south- 
westwardly by said land of the city of Cambridge to the 
point of beginning, — may connect an}?" sewer upon such 
territory with any sewer in Cambridge, and for that pur- 
pose the city council of Somerville shall have the same 
right to take private land in Cambridge as it now has to 
take land for sewers in Somerville, and all the proceedings 
of such taking shall be conducted in the same manner as 
though such land were in Somerville, and all persons or 
corporations suffering damage in their property by reason 
of such taking shall have the same rights and remedies for 
ascertaining and recovering the amount of such damage 
as in the case of land taken for sewers in Somerville. 

Section 7. Each of said cities may for the purposes of 
this act carry its pipes and drains under an}- street, rail- 
road, highway or other way in such manner as not to 
unnecessarily obstruct the same, and may enter upon and 
dig up such street, railroad, highway or other way for the 
purpose of laying, maintaining and repairing an}' such 
pipes and drains, and may do any other things necessary 
or proper in executing the purposes of this act ; but, when- 
ever either of said cities enters upon or digs up for such 
purposes any road, street or way which is outside its own 
territorial limits, it shall be subject to such reasonable 
regulations as may be prescribed by the mayor and alder- 
men of the city wherein such street or way may be 
located, and shall restore said road, street or way to as 
good order and condition as it was in before such digging 
was commenced ; shall perform the work in such manner 
and with such care as not to render any road, street or way 
in which such pipes are laid unsafe, or unnecessarily iucon- 



1881. — Chapter 240. 



573 



venient to the public travel thereon; and shall at all times 
indemnify and save harmless any city which is liable to 
keep in repair any road, street or way aforesaid, against all 
damages which may be recovered against it, and shall re- 
imburse to it all expense which it shall reasonably incur 
by reason of any defect or want of repair in such road, 
street or way caused by the maintenance, repair or repla- 
cing of said pipes, or by reason of any injury to persons or 
property caused by any defect or want of repair in any 
such pipes : 'provided^ that such city has notice of any 
claim or suit for such damage or injury, and an opportu- 
nity to assume the defence thereof. Either city shall have 
the right to use without compensation any sewer built 
under this act within its own territorial limits. 

Section 8. Whenever the city of Cambridge lawfully 
ceases to discharge sewage into the sewer of the city of 
Somerville in the manner prescribed by the first section 
hereof, the city of Somerville shall cease to discharge its 
sewers into the sewers of the city of Cambridge as pro- 
vided in the sixth section hereof. 

Section 9. No person or corporation public or private 
shall after the fir^t day of September next discharge or 
cause to be discharged either directly or indirectly into 
Alewife Brook an}'" drainage, refuse or polluting matter of 
such quality and quantity, as either by itself or in connec- 
tion with other matter shall corrupt the waters of said 
brook, or tend to make the brook a nuisance deleterious 
to public health : provided, however, that this prohibition 
shall not extend to the sewage from the sewers named in 
the first section hereof, nor to sewage from lands now 
emptying sewage into said brook, in case the method 
therein prescribed for disposing of the same be deemed 
impracticable as aforesaid by the state board of health, 
lunacy and charity ; but this proviso shall not be con- 
strued to give to the city of Cambridge, or any person or 
corporation, any right in addition to what it has at the 
date of the passage of this act, if any, to drain into said 
brook. 

Section 10. Nothing herein contained shall be. con- 
strued to prevent the city of Cambridge from discharging 
the storm water of its sewers, including those named in 
the first section hereof, into said brook, nor to destroy or 
impair prescriptive rights of drainage or discharge to the 
extent to which they lawfully exist at the date of the 
passage of this act ; and nothing in this act contained 
shall be construed to authorize the pollution of the waters 
of said brook in any manner now contrary to law. 



Liability for 
damages. 



Proviso. 



Wlien Cam- 
bridge ceases to 
discharge sew- 
age, Somerville 
shall cease. 



Sewage not to 
be discharged 
into brook after 
Sept. 1, 1881. 



Proviso. 



Not prohibited 
from dischar- 
ging storm 
waters into 
brook. 



574 



1881. — Chapter 240. 



Drainage into 
Aiewifii l^rook 
may be made 
in sewers in 
Cambridge. 



Pollution of 
water to be pre- 
vented by the 
state board of 
health, etc. 



Proviso. 



Proviso. 



8. J. Court may 
enforce orders. 



Order to be In 
writing. 



Section 11. The ma3-or and aldermen of Cambridge 
may permit any person owning lands in Cambridge now 
draining into Alewife Brook to drain such lands, or any 
part tliereof, into either of the sewers in Cambridge named 
in the first section hereof, upon such terms and conditions 
as they may prescribe. If, within seven days after appli- 
cation to them, the mayor and aldermen do not grant to 
any such person permission thus to drain, or if such per- 
son be dissatisfied with the terms and conditions pre- 
scribed by the mayor and aldermen, he may appeal to the 
state board of health, lunacy and charity, which board, 
after such notice as it may order, and a hearing, shall de- 
cide whether such person may enter either of the sewers, 
and what sum, either in gross or at stated periods, he shall 
pay to Cambridge therefor, and what other terms and con- 
ditions, if ajiy, shall be imposed upon said entry, which 
decision shall be final and binding upon all parties. 

Section 12. Whenever a violation of any of the pro- 
visions of this act affecting the public health or the water 
supply of any city is committed, the state board of health, 
lunacy and charity may, if in its judgment the public 
health requires, order any person or corporation public or 
private to cease and desist from such violation, and to 
remedy the pollution or to cleanse or purify the polluting 
substances in such a manner and to such a degree that 
they shall be no longer deleterious to the public health 
before being cast or allowed to flow into said brook : pro- 
vided^ that before niiiking such order the said board siiall 
assign a time and place for hearing all parties interested 
and shall give such parties an opportunity of being heard, 
and the order herein before provided shall not be issued 
until after such notice and hearing ; and provided, ahOy 
that upon the application of any city to said board al- 
leging the violation of any of the provisions of this act 
and the pollution of its Avater supply thereby, said hoard 
shall grant a hearing upon due notification to all parties 
interested, and upon proof of such violation shall issue 
the order or orders already mentioned in this act. 

Section 13. The supreme judicial court or any one 
of its justices in term time or vacation shall liave power 
to issue an injunction to enforce any such order. 

Section 14. Every sucli order of the boaid of health, 
lunacy and charity shall be made in writing and served by 
any person competent to serve a notice in a civil suit per- 
sonally upon the person found guilty of violation as 
afoi'esaid, or his autliorizcd agent, or a copy of the order 



1881. — Chapter 241. 



575 



may be left at the last and usual place of abode of such 
person or his agent, if he has an}^ such place of abode 
within the state known to the officer. If the residence of 
the owner or agent is unknown to the officer, or without 
the state, the order ma}^ be served hy publication in one or 
more newspapers in such manner and for such time as said 
board may order. Any party aggrieved by any such order 
shall have the right of appeal to a jury and be subject to 
the fifty-sixth and fifty-eighth sections of the twenty-sixth 
chapter of the General Statutes, and the two hundred and 
sixty-third chapter of the laws of the year eighteen hun- 
dred and sixty-five. During the pendency of the appeal 
the pollution against which the order has issued shall not 
be continued contrary to the order, and upon any viola- 
tion of the same the appeal shall be forthwith dismissed. 

Section 15. Nothing herein before contained shall be 
construed to exclude the jurisdiction of the supreme judi- 
cial court sitting in equity according to the usual course 
and practice of such court. 

Section 16. This act shall be void unless accepted by 
the city council of each of said cities within thirty days 
from the date of the passage hereof. 

Approved 3Iay 6, 1881. 



Service of 
order. 



Right of appeal 
to a jury. 



Jurisdiction of 
S. J. C. in 
equity. 



Subject to 
acceptance. 



An Act to incorporate the forbes library in Northampton. 
Be it enacted, etc., as follows : 

Section 1. George W. Hubbard and Oscar Edwards, 
appointed by the probate court trustees for the time being 
under the will of the late Charles E. Forbes of Northamp- 
ton, are hereby made a corporation by the name of the 
" Trustees of the Forbes Library," and said trustees their 
associates and successors in office shall continue a body 
corporate for the purposes hereinafter set forth, with all 
the powers and privileges and subject to all the duties, 
restrictions and liabilities in the general laws relating to 
such corporations. And the said Hubbard and Edwards 
shall hold office as such incorporated trustees until their 
substitutes and successors are elected in the manner here- 
inafter provided and shall assume their offices. 

Section 2. The said corporation shall have authority 
to take and hold real and personal estate to an amount not 
exceeding eight hundred thousand dollars, including all 
the real and personal estate and the proceeds thereof 
bequeathed and devised by said Forbes for the establish- 
ment and maintenance of a library in said Northampton, 
and any and all real and personal estate which may be 



Chap. 241 



Trustees of the 
Forbes Library 
incorporated. 



Real and per- 
sonal estate not 
to exceed 
$800,000. 



576 



1881. — Chapter 241. 



Town may elect 
a trustee or 
trustees, upon 
acceptance of 
act. 



To determine 
for what term 
of years the 
bequest shall 
accumulate. 



Name «{ corpo- 
ration if but one 
trustee is 
elected. 



otherwise given, granted, bequeathed and devised to said 
corporation or to said town of Northampton for tlie use 
and benefit of said library. 

Section 3. The legal voters of the town of Northamp- 
ton ma}'-, at any annual or special town meeting called for 
the purpose after the passage of this act, vote to accept 
the same, as also the provisions and bequests of said will 
upon the terms and conditions prescril)ed therein; and at 
the same or any future meeting within the time limited by 
said will, articles being inserted in the warrant for that 
purpose, it shall be lawful for the town to determine by 
vote whether, in the exercise of the option authorized hy 
said will, it will elect one or three trustees to have the 
superintendence and management of the affairs of said 
corporation ; and when said option is determined it may, 
at the same or a future meeting, proceed to the election, 
by ballot, of a single trustee, or of three trustees, accord- 
ing as the town shall have predetermined by its vote ; and 
upon the election of said trustee or trustees the same shall 
hold office until his or their successors shall have been 
respectively elected and qualified as hereinafter provided, 
or until a vacancy in office shall occur through the resig- 
nation, death or removal from office of any trustee ; and 
the said town, at the same meeting when this act is 
accepted or at a future meeting within the time limited 
by said will, an article being in the warrant for that pur- 
pose, may determine whether it will direct the trustees 
holding office by a[)pointment of the probate court to per- 
mit the whole sum appropriated by said will for library 
purposes to accumulate for a term not exceeding ten years, 
and for what term, as authorized by said will, in order to 
increase the amount available as a building fund ; also, at 
the same or any future meeting, the said town may deter- 
mine and direct as to any other matter or thing which it 
is competent for the town to determine, direct and do, 
under an article in the Avarrant therefor, by way of carry- 
ing into effect the provisions of said will, and in anticipa- 
tion of the time when the trustees appointed by the 
probate court shall convey to the trustee or trustees 
elected by the town, the real, personal ami mixed estate 
held by the former ft)r the uses and purposes of said 
libi'ary. 

Section 4. If said town, in the exercise of its option 
before referred to, shall elect to have but one trustee, tlie 
name of said corporation sliall be " Tiie Trustee of the 
Forbes Librarv " : and whether the town shall elect one 



1881. — Chapter 241. 



577 



or three trustees, no trustee shall receive any pecuniary 
compensation for his services. 

Section 5. If said town shall elect one trustee only 
to have the superintendence and management of the 
affairs of said corporation, said trustee shall hold office for 
the term of three years from the first Wednesday in May 
next after said trustee shall have been elected, and once 
in three years thereafter at the annual town meeting 
holden next before his term expires, his successor shall be 
chosen in his stead. If however said town shall in its 
option determine to elect three trustees, said trustees shall 
be elected, one to serve for the term of three j'ears from 
the first Wednesday in May next after said election, one 
other for two years, and the third for one year from the 
same date ; and annuall}*, at the annual town meeting in 
each year after said first election, a trustee shall be 
elected for three years to succeed the trustee whose term 
is then next to expire. 

Section 6. In case a vacancy shall occur in the office 
of any trustee chosen by the town, whether occasioned 
by resignation, death, removal from office, or from any 
other cause, the town may at an}" meeting called for the 
purpose choose another trustee who shall hold office for 
the residue of the unexpired term. 

Section 7. The said town of Northampton is hereby 
further authorized at any annual or special meeting legally 
notified and warned, to elect a secretary and treasurer of 
said corporation, and all other agents and employes there- 
in, and to remove the same at their pleasure ; to fix the 
compensation of each ; to establish all necessary rules and 
regulations for the library, and generally to control all the 
affairs of the corporation ; but in the absence of action on 
the part of the town the trustee, or a majority of the trus- 
tees elected by the town in accordance witii the provisions 
of this act, being first duly sworn to a faithful discharge 
of the duties of their office, shall have the general superin- 
tendence and management of the affairs of the corjjoration, 
shall appoint the librarian and other employes in the libra- 
ry, and fix the compensation of each, and shall have power 
to remove any one of them for sufficient cause; they shall 
also have power to remove the treasurer whenever in their 
judgment the safety of the corporation funds requires 
his removal, and may appoint a treasurer pro tempore to 
continue in office until the town have opportunity to act 
upon the subject. They shall further do all things en- 
joined upon them by said will, and generally shall have 

73 



Trustees to 
serve for three 
years. 



Vacancy in 
office of trustee. 



Town to elect 
secretary, treas- 
urer. etc., .ind 
fix their com- 
pensation. 



578 



1881. — Chapter 242. 



Secretary and 
treasurer to be 
sworn. 

Treasurer to 
give bonds. 



Subject to 
acceptance by 
the town. 



all the powers of the town, had the town chosen to exer- 
cise them, except the election of trustees, and of the sec- 
retary and treasurer of the corporation ; and the secre- 
tary and treasurer of said corporation, elected as herein 
before provided, shall each take the oath prescribed in 
said will, and said treasurer shall give bonds as therein 
required, and they shall respectively perform all the duties 
enjoined upon them by said will. 

Section 8. This act shall take effect upon its accept- 
ance by the town of Northampton at a town meeting duly 
called, and by a vote duly passed and recorded. 

Apinoved May 6, 188 1. 



Chap. 242 



County commis- 
sioners may sell 
county property 
in Adams. 



May borrow 
money. 



Town of Adams 
may unite with 
county in erec- 
tion of build- 
ing. 



Mny purcliase 
additional land- 



An Act to authorize the sale of public buildings in adams, 

AND for other PURPOSES. 

Be it enacted^ etc. , as folloios : 

Section 1. The county commissioners of the county 
of Berkshire are hereby authorized, in their discretion, to 
sell and convey the property and estate belonging to said 
couiity and situated in the town of Adams, and use the 
avails thereof in providing, either alone or in connection 
with the inhabitants of said town, suitable accommodations 
therein for the wants of said county, including places for 
the registry of deeds for the northern district of said 
county, and for holding probate court and the district 
court of northern Berkshire. And they are also author- 
ized to borrow on the credit of said county and to use for 
the purposes aforesaid, a sum of money not to exceed ten 
thousand dollars. 

Section 2. The inhabitants of said town of Adams are 
hereb}^ authorized to unite, upr)n such terms as they may 
think fit, with the county of Berkshire in the erection of 
a building which shall embrace suitable provisions for a 
town hall, for the needs of said town and its officers, and 
such other accommodations for the needs of said county 
as the county commissioners may judge to be sufficient; 
or said inhabitants may erect said building at their own 
expense, and lease such portions of the same as may be 
agreed on by said county, for the uses thereof. 

Section 3. The inhabitants of said town of Adams are 
hereby authorized, in case the lands now owned and held 
by said town are not deemed sufficient or suitable for the 
purposes contemplated by this act, to purchase and hold 
other or additional lands for the erection of said building, 
the whole not to exceed the quantity reasonably necessary 
for the purposes aforesaid. 



1881. — Chapter 243. 



579 



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

Approved May 6', 1881. 



An Act in addition to an act making appropriations for 

EXPENSES authorized THE PRESENT YEAR, AND FOR OTHER 
PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Com- 
monwealth, from the ordinary revenue, unless otherwise 
ordered, for purposes specified in certain acts and resolves 
of the present j^ear, and for other purposes, to wit: — 

In the act chapter one hundred and seventy-nine, to 
provide for the assistance of discharged female convicts, 
the sum of three thousand dollars. 

In the resolve chapter thirt3^-four, providing for certain 
expenses connected with the removal of the state normal 
art school, the sum of two thousand nine hundred seventy- 
eight dollars and twenty-five cents. 

In the resolve chapter thirty-five, in favor of the trustees 
of the state lunatic hospital at Danvers, the sum of twenty 
thousand dollars. 

In the resolve chapter thirty -six, in favor of the town of 
Rowe, the sum of one hundred and sixty-nine dollars and 
fifty cents. 

In the resolve chapter thirty-seven, in favor of the state 
workhouse at Bridgewater, the sum of four thousand five 
hundred dollars. 

In the resolve chapter thirty-eight, relating to the war 
records in the department of the adjutant-general, the sum 
of four thousand dollars. 

In the resolve chapter forty-one, in favor of the Massa- 
chusetts Charitable Eye and Ear Infirmary, the sum of 
ten thousand dollars. 

In the resolve chapter forty-two, in favor of the town of 
Florida, the sum of five hundred and ninety -two dollars 
and fifty-five cents. 

In the resolve chapter forty -three, relative to industrial 
conciliation and arbitration, for printing and binding, in 
accordance with the provisions of the resolve, a sum not 
exceeding six hundred dollars. 

For indexing senate journals in accordance with an or- 
der of the senate, a sum not exceeding five hundred dol- 
lars. 

In the act chapter one hundred and sixty-three, to 
secure a more equal apportionment of the state and county 



Chap. 243 



Appropriations. 



Discbarged 
female convicts. 



Normal art 
scbool. 



Lunatic hospital 
at Danvers. 



Town of Rowe. 



State work- 
house. 



War records. 



Eye and Ear 
Intirmary. 



Town of 
Florida. 



Industrial 
conciliation and 
arbitration. 



Senate journals. 



Apportionment 
of state and 
county taxes. 



580 



1881. — Chapters 244, 245. 



taxes upon the several cities and towns, for additional 
clerical assistance, and for necessary expenses in connec- 
tion with the same, a sum not exceeding five thousand 
dollars. • 

In the act chapter one hundred and seventy-five, rela- 
tive to extra clerical assistance in the office of the deputy 
tax commissioner and commissioner of corporations, the 
sum of one thousand dollars. 

In the resolve chapter forty -four, in favor of the state 
almshouse at Tewksbury, the sum of eight thousand nine 
hundred and thirty-four dollars. 

In the resolve chapter forty-five, relating to the pur- 
chase of an organ for the state prison at Concord, the sum 
of two thousand dollars. 

In the resolve chapter forty-six, granting aid to the 
town of Westfield, the sum of five thousand dollars. 

In the resolve chapter forty-seven, in favor of the towns 
of Florida, Rowe and Charlemont, the following sums to 
wit: — to the town of Florida, the sum of five thousand 
five hundred dollars ; to the town of Rowe, the sum of 
two thousand dollars ; to the town of Charlemont, the 
sum of one thousand five hundred dollars. 

Section 2. This act shall take effect upon its pass.age. 

Approved May 7, 1881. 

Chap. 24l4: An Act repealing an act to. authorize the construction 
OF a bridge over green harbor river, in marshfield. 
Be it enacted, etc., asfoHoivs: 

Section 1. Chapter twenty-six of the acts of the year 
eighteen hundred and seventy is hereby repealed. 

Section 2. This act shall take effect u})on its passage. 

Approved Ma>i 7, 1881. 



Deputy tax 
commissioner. 



State 
almsliouse. 



Organ at state 
prison. 



Town of 
WestHeld. 

Towns of 
Florida, Rowe 
and Charlemont. 



Repeal of 1870, 
26. 



Chap. 245 An Act to establish the salaries of certain standing 
justices op the district courts in the couNTr of wokces- 



Salariefi 
established. 



Repeal. 



Be it enacted, etc., as follows : 

Section 1. The salary of the standing justice of the 
second district court of southern Worcester shall be twelve 
hundred dollars per year ; the salary of the standing justice 
of the first district court of southern Worcester shall be 
twelve hundred dollars per year; the salary of the stand- 
ing justice of the first distiict court of eastern Worcester 
shall be eight hundred dollars per year. 

Section 2. So much of section two of chapter two 
hundred and tliirty-three of the acts of the year eigliteen 



1881. — Chapters 246, 247, 248. 581 

hundred and seventy-nine as is inconsistent with this act 
is hereby repealed. 

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

A2-)i)roved May 7, 1881. 

An Act to establish the salary of the standing justice Chap. 246 

OF THE POLICE COURT IN LEE. 

Be it enacted, etc. , as follows : 

Section 1. The standing justice of the police court of salary 
Lee shall receive a salary of eight hundred dollars a year. 

Section 2. So much of section one of chapter two Repeal, 
hundred and nineteen of the acts of the year eighteen hun- 
dred and seventy-nine as is inconsistent with this act is 
repealed. 

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

Approved May 7, 1881. 

An Act to establish the salary of the clerk of the Chap. 247 

FIRST DISTRICT COURT OF PLYMOUTH COUNTY. 

Be it enacted., etc., as follows: 

Section 1. The clerk of the first district court of salary 
Plymouth county shall receive a salary of five hundred ««'^'^''«''e'i- 
dollars a year. 

Section 2. So much of section two of chapter two Repeal, 
hundred and fort3^-eight of the acts of the year eighteen 
hundred and seventy-nine as is inconsistent with this act 
is repealed. 

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

Approved 3Iay 7, 1881. 

An Act to establish the salary of the clerk of the first Chap. 248 

DISTRICT COURT OF BRISTOL. 

Be it enacted, etc., as folloics: 

Section 1. The clerk of the first district court of salary 
Bristol shall receive a salary of one thousand dollars a 
year. 

Section 2. So much of section one of chapter two RepeaL 
hundred and one of the acts of the year eighteen hundred 
and seventy-nine as is inconsistent with this act is hereby 
repealed. 

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

Approved May 7, 1881. 



582 



1881. — Chapters 249, 250, 251. 



Chap. 249 An Act to establish the salary of the assistant clerk of 

THE MUNICIPAL COURT OF THE ROXUURY DISTRICT IN THE CITY 
OF BOSTON. 



Salars- 
estiiblished. 



Repeal. 



Be it enacted, etc., as follows: 

Section 1. The salary of the assistant clerk of the 
municipal court of the Hoxbury district in the city of 
Boston shall be eight hundred dollars per year. 

Section 2. So much of section three of chapter two 
hundred and sixty-five of the acts of the year eighteen 
hundred and seventy-nine as is inconsistent with this act 
is hereby repealed. 

Section 3. This act shall take effect upon its [)assage. 

Apj)rovtd May 7, 1^81. 



Chap. 250 An Act to establish the salary of the clerk of the 

MUNICIPAL court OF THE EAST BOSTON DISTRICT, IN THE CITY 
OF BOSTON. 

Be it enacted, etc., as foUoivs : 

Section 1. The clerk of the municipal court of the 
East Boston district in the city of Boston shall receive a 
salary of one thousand dollars a year. 

Section 2. So much of section five of chapter two 
hundred and sixty-five of the acts of the year eighteen 
hundred and seventy-nine as is inconsistent with this act 
is hereby repealed. 

Section 3. This act shall take effi-ct upon its passage. 

Approved May 7, 1881. 



Salary 
establitihed. 



RepeaL 



Chap.2o\ An Act to establish the salaries of the standing justice 

AND CLERK OF THE POLICE COURT IN THE CITY OF NEAVTON. 



Salaries 
e»tabllHhcd. 



RepeaL 



Be it enacted, etc., as follows: 

Section 1. The standing justice of the police court 
of Newton shall receive a salary of one thousand dollars 
per year ; the clerk of the police court of Newton shall 
receive a salary of five hundi-ed dollars per year. 

Section 2. So much of section four of chapter two 
hundred and forty-seven of the acts of the year eighteen 
hundred and seventy-nine as is inconsistent with this act 
is repealed. 

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

Aj)proved May 7, 18S1. 



1881. — Chapters 252, 253, 254, 255. 583 

An Act to fix the compensation of the second assistant Chap. 252 

CLERK OF the SUPERIOR COURT FOR CIVIL BUSINESS IN THE 
COUNTY OF SUFFOLK. 

Be it enacted^ etc., as follows: 

The second assistant clerk of the superior court for civil saiary 
business in the county of Suffolk shall receive an annual ^*'^^"*^^'^- 
salary of two thousand dollars, payable quarterly from the 
treasury of said county. Approved May 7, 1S81. 



Chap. 253 



An Act to establish the salary of the judge of probate 

AND insolvency FOR THE COUNTY OF HAMPDEN. 

Be it enacted, etc., as follows: 

The judge of probate and insolvency for the county of Salary 
Hampden, from and after the first day of January in the ^"''^^'*'^^^' 
year eighteen hundred and eighty-one, shall receive an 
annual salary of two thousand dollars. 

Approved May 7, 1881. 

An Act establishing the salaries of the extra clerks in Chan 254 

THE auditor's AND TREASURER'S DEPARTMENTS. 

Be it enacted, etc., as follows: 

Section 1. The salaries of the two extra clerks in the salaries 
office of the auditor of the Commonwealth, and of the ''"'^'^'^'^• 
two extra clerks in the office of the treasurer and receiver- 
general, shall be twelve hundred dollars each per annum. 

Section 2. So much of section two chapter eighty of Repeal. 
the acts of the year eighteen hundred and seventy-nine 
as is inconsistent with this act, and section three of chapter 
eighty-one of the acts of the year eighteen hundred and 
seventy-nine, are repealed. 

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

Approved May 7, 1881. 

An Act relative to advertising applications for licenses Chap. 255 
TO sell intoxicating liquors, and restricting the grant- 
ing of such licenses. 

Be it enacted, etc., as follows: 

Section 1. Notice of all applications for licenses to Notice of appu- 
sell intoxicating liquors under the provisions of chapter cen°e" to'^be 
ninety-nine of the acts of the year eighteen hundred and P"^'i^!?f,l.'° 
seventy-live, or any acts in addition thereto or in amend- 
ment thereof, shall hereafter be published in the following 
manner, namely : In the city of Boston the police com- 
missioners shall publish a notice of such applications in 
at least two daily newspapers printed in said city ; and in 



584 



1881. — Chapter 255. 



To contain 
DJime of appli- 
cant, class of 
license, and a 
particular 
description of 
the premises. 



Cost of publica- 
tion to be borne 
by applicant. 



If owner of 
adjoining estate 
objects, license 
eball not be 
granted. 



otlier cities and towns of this Commonwealth, the major 
and aldermen of cities and the selectmen of towns, or 
other board authorized to grant licenses, shall publish a 
notice of the applications in their respective cities and 
towns in such newspapers printed therein, and published 
not less frequently than once a week, as they may desig- 
nate ; or if no such newspaper is printed therein, then the 
licensing board shall publish said notice by posting the 
same in some conspicuous place on the premises described 
in the application for the license, and in two or more 
places in the neighborhood where public notices are 
usually posted. Said notice shall set forth the name of 
the applicant in full and the character or class of the 
license applied for.; and shall describe particularly the 
premises on which the license is to be exercised, designat- 
ing the building or part of a building to be used, and, 
where practicable, the street and number. Notice of each 
and every applicant for a license as aforesaid shall be pub- 
lished at least ten days before the licensing board shall 
take action thereon ; and in case a license is granted to 
any person or persons to sell intoxicating liquors without 
previous publication of the application for such license, 
any citizen of the city or town within which such license 
is issued may make complaint before the municipal, police, 
or district court, or the trial justice having jurisdiction 
therein; and if after due hearing it shall appear that such 
notice was not given, the court or justice shall revoke the 
license, and notice thereof shall be sent to the board issu- 
ing the same. The cost of publishing the notices of appli- 
cations as herein required shall be paid in advance by the 
applicants for licenses. 

Section 2. If at any time before the expiration of 
the ten days following the publication of the notice of an 
application for a license to sell intoxicating liquors, as re- 
quired by the preceding section, the owner of any real 
estate adjoining the premises, described in any application 
for a license to be exercised by a common victualler to 
sell liquor to be drunk on the premises, shall notify the 
licensing board in writing that he objects to the gianting 
of the license, no license to sell intoxicating liquors to be 
drunk on said premises shall be granted by said board. 
And in case any such license is granted after an objection 
has been filed as aforesaid, the owner of any real estate ad- 
joining tlie licensed premises may apply to the municipal, 
police, or district court, or to au}' trial justice within whose 
jurisdiction the premises are situated, for a hearing in the 



1881. — Chapters 256, 257. 585 

case ; and if it shall appear to said court or justice that 
due notice was given by the said owner of his objection 
to the granting of such license, the said court or justice 
shall revoke the license ; and notice of such revocation 
shall be sent to the licensing board ; and any city or town 
in which any such license has been revoked as is provided 
in this act shall refund to said licensee or his legal repre- 
sentatives whatever sum or sums of money has been ex- 
pended by him for said license and his court fees and 
costs. 

Section 3. Any acts or parts of acts inconsistent here- Repeal, 
with are hereby repealed. 

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

Approved May 10, 1881. 

An Act concerning the compensation of standing and special Chap. 256 

JUSTICES of municipal, POLICE AND DISTRICT COURTS. 

Be it enacted, etc., as folloios : 

Section one of chapter two hundred and sixty-seven of Compensation 
the acts of the year eighteen hundred and seventy-nine is specfruusUce^. 
hereby amended by striking out the words " fifteen days 
in all," and inserting the words " thirt}^ days in all ; " and 
section nine of chapter two hundred and sixty-five of the 
acts of the year eighteen hundred and seventy-nine is 
amended by striking out in the fourth line the words 
"fifteen days," and inserting instead the words "thirty 
days ; " also by striking out in the fifteenth line the words 
" fifteen days," and inserting instead the words " thirty 
days." Approved May 10, 1881. 

An Act relating to the discharge of insolvent debtors. Chap. 257 

Be it enacted, etc., as follows : ' 

Section 1. In all cases arising under chapter one Preferred claim 
hundred and eighteen of the General Statutes and acts ciuVeVin 'assent 
in amendment thereof and in addition thereto, in deter- to discharge. 
mining the requisite assent to granting a discharge to an 
insolvent debtor, no preferred claim which shall be paid 
in full, and, if not paid in full, no part thereof which shall 
be paid, shall be included. 

Section 2. Section seventy-nine of chapter one hun- Dehtsnot 
dred and eighteen of the General Statutes is hereby **^ '''^^ ' 
amended by inserting in the fourth line, before the word 
" shall," the words " or a claim against a debtor for goods 
attached on mesne process or taken on execution by him 
as an officer, or for misfeasance in office." 

Section 3. This act shall, take effect upon its passage. 
7* ' Approved May 11, 1881. 



586 



1881. — Chapters 258, 259, 260, 261. 



Repeal. 
1860, 213. 



Chap. 258 Ax Act to repeal that portiox of ciiapteu two hundred 

AND thirteen OF THE ACTS OF THE YEAR EIGHTEEN HUNDRED 
AND SIXTY WHICH RELATES TO THE STAMPING OF SECURITIES 
HELD BY THE COMMMONWEALTH. 

Be it enacted^ etc., as follows: 

Section 1. So much of chapter two hundred and thir- 
teen of the acts of the jear eighteen hundred and sixty as 
relates to the stamping securities lield by the Common- 
wealth is hereby repealed. 

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

Approved May 11, 18S1. 

An Act to establish the salary of the standing justice of 

THE municipal COURT OF THE CHAKLESTOWN DISTRICT IN THE 
CITY OF BOSTON. 

Be it enacted, etc., as folloivs : 

Section 1. The standing justice of the municipal court 
of the Charlestown district in the city of Boston shall re- 
ceive a salary of eighteen hundred dollars per year. 

Section 2. So much of section four of chapter two 
hundred and sixty-five of the acts of the year eighteen 
hundred and seventy -nine as is inconsistent with this act 
is hereb}^ repealed. 

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

Approved May 11, 1881. 



Chap. 259 



Salary 
established. 



Repeal. 



Chap. 260 



Action of town 
confirmed. 



An Act to confirm the action of the town of belmont 
granting three thousand dollars for a public park. 

Be it enacted, etc., as folloivs: 

Section 1. The action of the town of Belmont on tlie 
twentieth day of April in the year eighteen hundred and 
eighty-one, whereby it voted to appropriate and grant 
three thousand dollars for a public j^iu-k, is hereby ratified 
and confirmed. 

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

Approved May 11, 1881. 

Chap. 261 An Act relating to the appointment of constables for cer- 
tain MUNICIPAL COURTS IN THE CITY OF BOSTON. 



Constables for 
certain mnnlci- 
pal courts. 



Be it enacted, etc., as follows : 

Section 1. There shall be one constable in each of the 
municipal courts of the East Boston, Dorchester, West 
lioxbury, and Brighton districts ; and two constables in 
each of the municipal courts of the South Boston, Charles- 
town, and Roxbury districts^ to be appointed by the stand- 



1881. — Chapters 262, 263. 



587 



ing justices of said courts. Said constables of the municipal 
courts of the South Boston, East Boston, and Roxbury 
districts shall be f)aid a salary of one thousand dollars each sai.iiy. 
per year and at the same rate for any part of a year. Said 
constables of the municipal courts of the West Roxbury, 
Charlestown, Dorchester, and Brighton districts shall be 
paid a salary of eight hundred dollars each per year and at 
the same rate for any part of a year. 

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

Approved May 11, 1881. 



An Act to amend an act to provide for the keeping of regis- Chap. 262 

TEKS of voters IN CITIES AND TOWNS. 

Be it enacted., etc., as follows : 

Chapter two hundred and fifty-one of the acts of the voters m. ?aiiy 
3'ear eighteen hundred and seventy-eight is hereb}^ amended b^Itrfckenfiw 
by adding thereto a new section as follows : — Upon the "^'■• 
affidavit of any legal voter in any city or town, made at 
least seven days prior to an election, setting forth that in his 
opinion a certain person is illegally registered, and the 
reasons therefor, it sliall be the duty of the officers or board 
charged with the preparation of the alphabetical list of 
voters to be used at elections, to re-examine the matter 
of the registration of such person, and if deemed necessary 
hey may summon such person to appear before them at a 
time and place named, and examine him under oath in 
regard to the matter set forth in the affidavit, and, if satis- 
fied that he is not a qualified voter, they shall strike his 
name from the list : provided, that notice and opportunity proviso, 
for hearing be first given such person. 

Approved May 12, 1881. 



An Act concerning judgment debtors. 
Be it enacted, etc., as follows : 

Section 1. Section three of chapter two hundred and 
fifty of the acts of the year eighteen hundred and seventy- 
seven is hereby amencled by striking out the word "to," 
in the second line, and inserting instead the word "above," 
and by striking out the word "same," in the fourth line, 
and inserting instead the word "excess." 

Section 2. If the time expires for the return of an 
execution pending the examination of a judgment debtor 
under the provisions of said chapter two hundred and fifty, 
or if the judgment debtor shall fail to appear at said ex- 
amination, or, if appearing, he shall fail to obey all lawful 



Chajo. 263 



Property not 
exempt and in 
excess of $20 
to be produced 
by debtor. 



Arrest upon nn 
alias execution. 



588 



1881. — Chapters 264, 265. 



Application for 
certificate of 
arrest. 



Liabilitj- of bail. 



Autliority of 
justices of the 
peace limited to 
issuing notices. 



orders and requirements made by the magistrate, the arrest 
may be authorized upon said execution or upon an alias 
or other successive execution in like manner as upon the 
original execution. 

Section 3. If a judgment debtor lives or has his usual 
place of business in any county in this state, application 
for a certificate authorizing his arrest shall be made in 
that county ; otherwise the application may be made in 
any county. 

Section 4. In case of the avoidance of a judgment 
debtor who has been arrested on mesne process, and a re- 
turn on the notice mentioned in section one of said chap- 
ter two hundred and fifty that after diligent search by the 
officer serving the notice he is not found, his bail shall be- 
come liable in like manner as provided b}' section seven of 
chapter one hundred and twenty -five of the General 
Statutes. 

Section 5. Justices of the peace shall hereafter have 
no authorit}^ to act under any of the provisions of chapter 
two hundred and fifty of the acts of eighteen hundred and 
seventy-seven and acts passed in amendment thereof and 
in addition thereto, except to issue notices as therein pro- 
vided, returnable before some magistrate authorized to act 
thereon. Approved May 12, 1881. 



Chap, 264 An Act to establish the salary of the clekk of the secre- 
tary OF THE BOARD OF AGRICULTURE. 



Salary of clerk 
established. 



Repeal. 



Be it enacted, etc., as follows: 

Section 1. The salary of the clerk of the secretar}^ of 
the board of agriculture shall be eleven hundred dollars 
per year. 

Section 2. So much of section one of chapter two hun- 
dred and thirty-five of the acts of the year eighteen hun- 
dred and seventy-nine as is inconsistent with this act is 
hereby repealed. 

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

Approved May 12, 1881. 



Chap. 265 Ax Act in relation to the bridge of the boston and maixe 

RAILROAD OVER THE MKRRIMACK RIVER AT HAVERHILL. 

Be it enacted, etc., as folloivs: 

Section 1. The Boston and IMaine Railroad is hereby 
required, within six months from the jnissage of this act, 
to make the construction of its bridge over the Merrimack 
River conform to the plan of the same approved by the 



Construction of 
bridge to con- 
form to plan of 
cominiBsioncrs. 



1881. — Chapters 266, 267. 



589 



harbor and land commissioners on the twentieth day of 
January in the present year and now on file in the office 
of said commissioners, or to such plan as shall hereafter be 
approved by said commissioners. 

Section 2. Whenever in the opinion of the board of Draw to be 
harbor and land commissioners and of the board of railroad ^heTordered 
commissioners a draw is required in said bridge, said rail- bycommis- 
road company shall, upon the joint order of the said two 
boards within one year after such order, construct and 
thereafter maintain a suitable draw in said bridge, con- 
structed in all respects to the approval of said board of 
harbor and land commissioners. 

Approved May 12, 1881. 

An Act to provide for an assistant clerk for the county of Chap. 266 

BRISTOL. 

Be it enacted, etc., as follows: 

SECTiOiSr 1. Section four of chapter two hundred and 
ninety-five of the acts of the 3^ear eighteen hundred and 
sixty-seven is hereby amended by inserting after the words 
" fifteen hundred dollars," in the fourth line thereof, the 
words "an assistant clerk for the county of Bristol with 
an annual salary of fifteen hundred dollars." 

Section 2. The salary provided in this act for the assist- 
ant clerk for the county of Bristol shall be paid from the 
date of his qualification for that office, in quarterly instal- 
ments, from the treasurj^ of said county. 

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

Approved May 12, 1881. 



Assistant clerk 
for Bristol 
County. 



Salary to be 
paid by the 
county. 



An Act to incorporate the Lexington water company. 
Be it enacted, etc., as follows: 

Section 1. Moses Joy, junior, Benjamin F. Brown, 
George O. Whiting, Hammond Reed and Leonard A. Sa- 
ville, their associates and successors, are hereby made a 
corporation by the name of the Lexington Water Com- 
pan}^ for the purpose of furnishing the inhabitants of Lex- 
ington with pure water for the extinguishment of fires and 
for domestic and other purposes, with the powers and priv- 
ileges, and subject to all the duties, restrictions and liabili- 
ties set forth in all general laws which now are or may 
hereafter be in force regulating such corporations. 

Section 2. Said corporation may for the purposes afore- 
said take, hold and convey through the town of Lexing- 
ton, or any part thereof, the water, so far as may be neces- 
sary for the purpose, of any spring or springs situated 



Chap. 267 



Corporators. 



Name and 
purpose. 



Powers and 
duties. 



May take cer- 
tain waters and 
convey the same 
through town of 
Lexington. 



590 



1881. — Chapter 267. 



May take land. 



May dig up 

roads. 



A description of 
the land taken 
to be tiled in 
registry of 
deeds. 



/ "oocn.cllt of 

damages. 



within tliirty rods of the Lincoln road, and on tlie south- 
erly side thereof, at the foot of Concord liill, but not 
northerly of Concord road, and shall not take the waters 
of Vine Brook ; and may take and hold by purchase or 
otherwise, within the area aforesaid, for the purpose of util- 
izing the springs therein and for the preservation and pur- 
ity of Hie same, any portion of the real estate there lying 
and being, but shall take no part of said Vine Brook ; and 
may take and hold also so much other real estate lying and 
being on the northerly side of said Lincoln road between 
said road and the Concord road in said town, as may be 
required for forming any dams or reservoirs, to hold the 
same, and such other real estate in said town as may be 
necessary for laying and maintaining aqueducts and pipes 
for distributing the water 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 or service connections: and 
for the purposes aforesaid may carry its pipes over or under 
any water course, street, railroad, highway or other way, 
in such manner as not unnecessarily 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 pur- 
pose of laying or repairing its aqueducts, pipes or other 
works ; and in general may do any other acts and things 
convenient and 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 otherwise than by purchase, file in the registry of deeds 
of the southern distiict of Middlesex County a description 
of any land so taken, sufficiently accurate for identifica- 
tion, with a statement of the purposes for which it is so 
taken ; and the title to land so taken shall vest in said cor- 
poration. Any person or corporation injured in j)roperty 
by any acts of said corporation, and failing to agree with 
said corporation as to the amount of damages, may have 
the same assessed and determined in the manner provided 
when land is taken for highways ; but no application shall 
be made to the county commissioners for the assessment of 
damages for the taking of water rights until the water is 
actually taken and diverted l)y said corporation. Any per- 
son whose water i-ights are thus taken or affected may ap- 
ply as aforesaid Avithin three years from the time the water 
is actually withdrawn or diveited, and not thereafter : and 
no suit for iniurv done under this act shall be broufiflit 



1881. — Chapter 267. 



591 



after two years from the date of the alleged receipt of 
injury. 

Section 4. Said corporation may distribute the water 
through said Lexington ; 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 
Lexington, or with any fire district, or with individuals or 
corporations, to supply water for fire or for other purposes, 
as may be agreed upon by said town or fire district or in- 
dividuals or corporations and said corporation. 

Section 5. Said corporation, for the purposes set forth 
in this act, may hold real and personal estate not exceeding 
in amount thirty thousand dollars ; and the whole capital 
stock shall not exceed sixty thousand dollars, 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 authority 
of and for the purposes of this act, he shall forfeit and 
pa}' 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 afore- 
said, may be punished by a fine not exceeding three hun- 
dred dollars, or by imprisonment in jail not exceeding, one 
year. 

Section 7. The Lexington Water Company may issue 
bonds and secure the same by a mortgage on its works, 
structures, equipments, franchise and other property, real 
or personal, to an amount which shall not: exceed the cap- 
ital stock of said compau}' actually paid in and applied to 
the construction or completion of said Lexington Water 
Company's works. 

Section 8. The town of Lexington 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 a price which 
may be mutually agreed upon between said corporation and 
the said town of Lexington ; and the said corporation is 
authorized to make sale of the same to said town. In 
case said corporation ann said town are unable to agree, 
then the compensation to be paid shall be determined by 
three commissioners to be appointed by the supreme judi- 



Miiy fix water 
rates. 



Ileal and per- 
sonal estate, and 
capital stock. 



Penalty for 
diverting water 
or rendering it 
impure. 



May issue Ijonds 
and secure by 
mortgage. 



Town may pur- 
chase Corporate 
property and 
rights. 



592 



1881. — Chapter 268. 



of town by a 
two-thirds vote 



AVork to be 
commenced 
within two 
years. 



Spcurity to be 
given for pay- 
ment of diiin- 



cial court upon application of either party, and notice to 
the other, whose award, when accepted by the said court, 
Subject to assent shall bc binding upon both parties. And this authoritj' to 
purchase said franchise and property is granted on condi- 
tion that the same is assented to by said town by a two- 
thirds vote of the voters present and voting thereon at a 
meeting called for that purpose ; the number of meetings 
called for that purpose in any one j'ear not to exceed two. 

Section 9. This act shall be null and void unless said 
corpoiation shall within two years from the passage hereof 
avail itself of its provisions, and commence a prosecution 
of the work herein authorized. 

Section 10. The owners of lands and water rights 
taken under this act, and the owners of land entered upon 
for the purpose of laying pipes or digging therein for the 
purpose of making repairs or service connections, upon 
application by either part}^ for an estimate of damages, 
may require said corporation to give security, satisfactory 
to the board of selectmen of said town, for the payment 
of all damages and costs which may be awarded to them 
for the land or other property taken, or for the entry for the 
purposes aforesaid. And if, upon petition of the owner 
with notice to the adverse party, the security appears to 
the selectmen of said town to have become insufficient, 
they shall require said corporation to give further security 
to their satisfaction, and all the right or authority of the 
corporation to enter npon or use said land and other prop- 
erty, except for making surveys, shall be suspended until it 
gives the security recjuired. 

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

Approved May 12, ISSl. 



Chap. 268 



May 1 

of Tatnuc 

Brook. 



Powers and 
duties. 



Ax Act in addition to the acts to supply the city of 

WORCESTER WITH PURE WATER. 

Be it enacted, etc. , as follows : 

Section 1. The city of Worcester is hereby authorized 
to take and convey into and through said city the waters 
of Tatnuc Brook or of any reservoir thereon, and the 
waters flowing into the same, and to take and hold any land, 
and build and maintain any structures, necessary for said 
pur{)ose. 

Section 2. The rights, powers and authority- given by 
this act shall be exercised by the city of Worcester by the 
same officers as the rights, powers and authority given by 
the one hundred and fourth chapter of the acts of the 
year eighteen hundred and sixty-four are exercised by, and 



1881. — Chafper 269. 



593 



the said city shall be entitled to all the rights and subject 
to all the duties and liabilities set forth in the three hun- 
dred and sixty-first chapter of the acts of the year eighteen 
hundred and seventy-one, to be enforced in the manner 
provided in said chapter. 

Section 3. For the purpose of defraying all costs and May borrow 
expenses incident to the acts herein authorized, including "xceediiig^ 
the payment for land and water rights taken, the city coun- $5oo,ooo. 
cil shall have authority to borrow, from time to time, 
such sums of money, and to issue notes, bonds, or certifi- 
cates therefor, to be denominated on the face thereof 
" Worcester Water Scrip," as they shall deem necessary, 
to an amount not exceeding five hundred thousand dollars, 
upon the same terms and conditions, and with the same 
authority in regard to interest, and the sale of said scrip, 
and the payment of the principal thereof, and the appro- 
priation and assessment of money for the payment of the 
principal and the interest on the moneys so borrowed, as 
are contained in the fifth section of the one hundred and 
fourth chapter of the acts of the year eighteen hundred 
and sixty-four. 

Section 4. This act shall not take effect unless within 
six months from its passage it is accepted by the city 
council of the city of Worcester ; and upon such accept- 
ance the rights heretofore granted by the legislature to the 
city of Worcester to take the waters of Kettle Brook in the 
town of Leicester shall thereupon cease and determine. 

Approved May 12, 1881. 

An Act to provide for the redemption of the guarantee Chap, 269 

CAPITAL STOCK OF MUTUAL FIRE INSURANCE COMPANIES. 

Be it enacted, etc., as follows: 

Section 1. Whenever any mutual fire insurance com- stock depart- 

pany shall at a meeting called for the purpose vote to dis- dlscominu^d 

continue its stock department, and redeem its guarantee and gnarantee 

■, ^ t ^ T ^ capital re- 

capitai stock, such company may apply to the supreme deemodas 
judicial court in equity to determine the manner, terms and order. ' ™' 
conditions in which said capital stock may be redeemed, 
and thereupon said court, after such notice to all parties in 
interest as the court shall order, may hear and determine 
the matter of the application ; and such company may 
redeem and cancel said capital stock in such manner and 
upon such terms and conditions as said court shall adjudge 
just and equitable : provided, that before making such appli- Proviso. 
cation said company shall cancel all outstanding policies 
issued by such stock department. 

75 



Subject to 
acceptance by 
city council 
within six 
months. 



may 



594 



1881. — Chapters 270, 271, 



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

Approved May 12, 1881. 



I-obsters not to 
be takt'ii be- 
tween June 20 
and Sept. 20. 



CltCiT)- 270 An Act to provide for the preservation of lobsters. 
Be it enacted, etc., as folloios : 

Section 1. Whoever, from tlie twentieth day of June 
to the twentieth day of September, takes a lobster, shall 
be punished for each offence by a fine of not less than ten 
nor more than one hundred dollars, or by imprisonme'nt in 
the house of correction for not less than one nor more tlian 
three months ; but a person catching a lobster when law- 
fully fishing, and immediately returning it alive to the 
waters from which it was taken, shall not be subject to 
such penalty. 

Section 2. Whoever from the twentieth of June to 
the twentieth of September buys, sells, or has in his pos- 
session a lobster taken in this CommonAvealth, shall forfeit 
for each offence a sum not less than ten nor more than 
fifty dollars. 

Section 3. The mayor and aldermen of every city, 
the selectmen of every town and all police officers and 
constables shall cause the provisions of this act to be en- 
forced in their respective cities and towns ; and all pen- 
alties for violations thereof shall be paid one-half to the 
person making the complaint and one-half to the city or 
town in which tlie offence was committed. 

Section 4. This act shall take effect upon the first 
day of January, eighteen hundred and eiglity-two. 

Approved May 12, 1881. 



Penalty. 



City and town 
oflicers to en- 
force provision 



To take effect 
Jan. 1, 1882. 



Chap. 271 An Act to amend "an act concerning cooperative saving 

FUND AND LOAN ASSOCIATIONS." 



Amendment to 
1877, 224. 



Be it enacted, etc., as follows: 

Section 1. Chapter two hundred and tAventy-four of 
the acts of the year eighteen hundred and seventy-seven 
is hereby amended as follows: — Clause 1. In the second 
line of section eight by inserting the word "first," before 
the word " mortgage," in said line. Clause 2. By striking 
out section fifteen and inserting in place thereof: — 41ie 
profits and losses may be distributed annually, semi- 
annually or quarterly, to the shares then existing, but 
shall be distril)uted at least once in each year, and when- 
ever a new series of shares is to be issued. Profits and 
losses shall be distributed to the various shares existing 
at the time of such dis(ributii)n in proportion to the then 



1881. — CHArxER 271. 595 

value of the share and shall be computed upon the basis 
of a single share, fully paid to date of distiibution. Losses 
shall be apportioned immediately following tlieir occur- 
rence. Clause 3. By striking out section nine and insert- 
ing in place thereof: — Each shareholder shall pay to said 
corporation at or before each stated monthly meeting of 
the directors, as a contribution to the capital thereof, tlie 
sum of one dollar as dues for each and every share held 
by him, until each share shall under the provisions of this 
act reach the ultimate value of two hundred dollars or 
sliall sooner be forfeited, cancelled or withdrawn as herein- 
after provided. When each unpledged share of a par- wiien un- 
ticular series shall reach the ultimate value of two hunclred ?each vtfuif'o? 
dollars, all payments tliereon shall cease, and the holder $'^oo, payments 

' i • ^ , ^ to ceasu. 

thereof shall be entitled to receive and shall be paid out 
of the funds of the said corporation the sum of two hun- 
dred dollars for each share maturing and so held by him, 
and from the date of such maturity to the date of such 
payment shall also be entitled to receive and sliall be paid 
interest at the rate of six per cent, per annum on the sum 
so due and payable : provided, hotvever, that at no time Provisos, 
shall more than one-half of the funds in the treasury be 
applicable to the payment of such matured shares with- 
out the consent of the directors ; and provided, further, that 
the directors of said corporation shall have the power at 
their discretion to retire the unpledged shares of any par- 
ticular series, by enforcing the withdrawal of the same 
at any time after the lapse of four years from the date 
of the issue thereof, provided, that the retired share- 
holders shall be entitled to receive and shall be paid the 
full value of their shares, less all fines and a proportionate 
part of any unadjusted loss, and provided, further, that all 
shareholders whose shares are to be so retired shall be 
determined by lot under such regulations as the directors 
may prescribe. A borrowing shareholder, for each share 
borrowed upon, shall in addition to the dues aforesaid pay 
the sum of one dollar per month as interest, together with 
the monthl}^ premium bid for said loan as hereinafter in 
section twelve provided for, until said shares shall reach 
the ultimate value of two hundred dollars each, when said 
shares and said loan shall be declared cancelled and satis- 
fied, unless otherwise sooner paid off and discharged. 
Clause 4. By adding at the end of section seven the 
following: — In case there shall be a balance of money 
remaining unsold after a monthly auction sale, the direct- investment of 
ors may at their discretion invest the same in any of the '^^"'^y "'^'*"'<^- 



596 



1881. — Chapter 272. 



securities named in the second clause of section nine of 
chapter two hundred and three of the acts of the year 
eighteen hundred and seventy-six. 

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

Approved May 12, 1881. 



Chap. 272 



Insane person 
may be kept in 
liospital five 
days, uptm cer- 
tificates of two 
pliysicians, 
separately 
made. 



Statement to be 
made by select- 
men, etc. 



Bond to be 
given that an 
order of com- 
mittal will bo 
furnished with- 
in five days. 



Superintendent 
may receive 
any person de- 
sirous of sub- 
mitting himself 
to treutmeut. 



Proviso. 



An Act IN addition to " an act regulating commitments of 

PEUSONS TO INSANE HOSPITALS." 

Be it enacted, etc., as follows: 

Section 1. The superintendent or keeper of any luna- 
tic hospital in this state, including the jNIcLean Asylum at 
Somcrville, may receive into his custody and detain in 
such hospital or asylum for an}^ period not exceeding five 
days, without any order of a judge or justice, any person 
as insane whose case is duly certified to be one of violent 
and dangerous insanity and emergency by two physicians 
qualified by law to sign certificates of insanity in this Com- 
monwealth, which certificates shall be separately made 
and signed, and shall conform in all other respects to the 
provisions of section three of chapter one hundred and 
ninety-five of the acts of the year eighteen hundred and 
seventy-nine. In addition to such certificates, an applica- 
tion, signed by one of the selectmen of the town or by the 
mayor or one of the aldermen of the city in which said 
insane person resides or is found, shall be left with the 
superintendent of the hospital or asylum in which the in- 
sane person is received, and such application shall contain 
the statement in respect to such insane person which is 
now required by section five, chapter two hundred and 
twenty-three of the acts of the year eighteen hundred and 
sixty-two, and a further statement that the case is one of 
violent and dangerous insanity. 

Section 2. Whenever any insane person is committed 
to a lunatic hospital in accordance with the provisions of 
the foregoing section, the party committing such person 
shall give a bond in the sum of one hundred dollars, to the 
treasurer of said hospital, that he will within five days 
procure from the proper authority an order for the com- 
mital of said patient, or failing thereof will remove him. 

Skction 3. The superintendent or keeper of any 
hospital as aforesaid may receive and detain thert-in, as a 
boarder and patient, any person who is desirous of submit- 
ting himself to treatment, but whose mental condition is 
not such as to render it legal to grant a certificate of 
insanit}'^ in his case : provided, always, that such boarder 
shall make written application for such treatment, and 



1881. — Chapter 273. 



597 



that he shall not be detained for more than three days 
after having given notice in writing of his intention or 
desire to leave such hospital. 

Section 4. Whenever any patient is received into any Notice to be 
such hospital, upon his own application or under the pro- fJiItcTboard^f 
visions of section one of this act, the superintendent teaiui, etc, 
thereof shall give immediate notice of such reception to 
the board of health, lunacy and charity, stating all the 
particulars of the case, including the legal settlement of 
the person so received, if known, which board shall im- 
mediately cause such cases to be investigated and a record 
to be made of all the facts pertaining thereto. 

Section 5. Any physician who shall wilfully and in- 
tentionally conspire with any person unlawfully or improp- 
erly to commit to any lunatic hospital or asylum in this 
state any person who is not insane, shall upon conviction 
thereof be punished by fine or imprisonment, at the discre- 
tion of tlie court before which he has been tried. 

Section 6. All acts and parts of acts inconsistent Repeal, 
herewith are hereby repealed. Approved May 12, 1881. 



Penalty on 
physician for 
conspiring to 
commit unlaw- 
fully. 



Intoxicating 

liquors 

prohibited. 



An Act to aid in preserving order at elections. Chap. 273 

Be it enacted^ etc., asfolloivs: 

During any town, ward or precinct meeting, or an}'' snioking pro- 
meeting held for the election of national, state, county, piaclls'!'"^°^"'^ 
city or town officers, no person shall smoke or have in his 
possession any lighted pipe, cigarette or cigar in any town 
hall, ward room, precinct room, or other voting place where 
any such meeting shall be held ; and no person shall carry 
into any of such places of meeting or keep therein any 
intoxicating liquor; and any person violating any of the 
provisions of this act shall be deemed guilty of disorderly 
conduct, and the moderator, warden or other presiding 
officer at such meeting shall order such person to remove 
any such pipe, cigarette or cigar or liquor, or to with- 
draw himself from said place of meeting ; and on his 
refusing or declining to obey any such order, shall direct 
any of the police officers, constables or any other persons 
present, to take him from the meeting and confine him in 
some convenient place, until the meeting is adjourned. 
The person so refusing shall for each such offence forfeit a Penalty, 
sum not exceeding twenty dollars to be recovered in any 
court of competent jurisdiction. 

Approved May 12, 1881. 



598 



1881. — Chapters 274, 275. 



Chap. 274 An Act concerning the presence of minors as spectators 

IN COURT ROOMS. 

Be it enacted^ etc., asfoUoivs: 

Any court of record, district, municipal or police court, 
or trial justice shall have authority to exclude minors as 
spectators from tlie court room, during tlie trial of any 
cause, civil or criminal, when their presence is not neces- 
sary as witnesses or parties. Approved May 12, 1881. 



Minors may be 
excluded from 
court rooms. 



Sergeant-at- 
arms may ap- 
point four mes- 
sengers, subject 
to approval, etc. 



To have care of 
state bouse. 



Chap. 275 An Act defining the duties and fixing the compensation 
OF certain appointees of the sergeant-at-arms. 

Be it enacted, etc., as follows : 

Section 1. The sergeant-at-arms shall annually ap- 
point, subject to the approval of the secretary and treasurer 
of the Commonwealth, four good and discreet persons, who 
shall be known as the "sergeant-at-arms' messengers," 
whom he may at any time remove, and for whose fidelity 
and good conduct in said capacity he shall be responsible. 

Section 2. The sergeant-at-arms and his messengers 
shall take proper care to prevent the commission of any 
trespass or injury in or upon any part of the state house, 
or of its appurtenances ; and if any is committed and the 
offender is known, they shall forthwith give notice thereof 
to the attorney-general or to the district attorney for the 
Suffolk district in order that such offender may be pros- 
ecuted therefor. 

Section 3. The sergeant-at-arms' messengers shall per- 
form the duties of document clerk, sergeant-at-arms' clerk, 
messengers to the several departments, except that of the 
secretary of the Commonwealth, janitors of tJie state house, 
and such other duties as the sergant-at-arms may require. 

Section 4. Each of said messengers shall receive a 
salary of eleven hundred dollars a year in full compensa- 
tion of all services required of him by the sergeant-at-arms 
throughout the year. 

Section 5. The sergeant-at-arms may appoint one 
person as engineer, whose duty it shall be to take charge 
of the heating and ventilation of the state house, at a 
salary of fourteen hundred dollars a year, a fireman at a 
salary of nine hundred dollars a year, and an assistant 
fireman whose compensation shall be two and one-half dol- 
lars per diem for each day employed ; he may also appoint 
a competent man as janitor and fireman at house num- 
bered thirty-three Pembeiton Square, who shall have a 
salary of nine hundred dollars per year in full for all 



Duties of 
messengers. 



Salaries. 



Engineer. 



Fireman and 
assistant. 



1881. — Chapter 276. 



599 



services performed. He shall appoint a faithful man as 
watchman, whose salary shall be eight hundred dollars per Watchman, 
annum, who shall remain at the state house every night, 
and maintain proper watch, and guard for the security 
thereof ; and shall visit such rooms and at such times as the 
sergeant-at-arms may direct. The serge an t-at-arms shall be 
responsible for the fitness and good conduct of the officers 
appointed under the provisions of this section, and may 
remove them at his discretion. 

Section 6. Sections fifty-five, fifty-six, fifty-seven, Repeal, 
fifty-eight, fifty-nine and sixty of chapter fourteen of the 
(jeneral Statutes, chapter three hundred and forty-one of 
the acts of the year eighteen hundred and sixty-eight, aiid 
cha[)ter eighty-two of the acts of the year eighteen hundred 
and seventy-nine, and all other acts or parts of acts in- 
consistent with this act are hereby repealed. 

Section 7. This act shall take effect upon its passage. 

Approved May 13^ 1881. 

An Act to amend " an act relative to the punishment Chap, 276 

FOR DRUNKENNESS." 

Be it enacted^ etc., as follows: 

Chapter two hundred and twenty-one of the acts of the Penalty for first 
year eighteen hundred and eighty is hereby amended by drunkenness. 
striking out the first two sections and inserting in place 
thereof the following: — "Section 1. Whoever is guilty 
of the offence of drunkenness by the voluntary use of 
intoxicating liquor shall, if it shall not be proved that he 
or slie has been convicted of a like offence once before 
within the next preceding twelve months, be punished by 
a fine not exceeding one dollar and the costs of prosecu- 
tion, or such portion thereof as the court or justice may 
determine. In case of the non-payment of said fine and 
costs, the person convicted of said offence may be com- 
mitted to any jail, house of industry or house of correc- 
tion, or to the workhouse, if any, in the town or city 
where the offence was committed, if such workhouse has 
a criminal department, until said fine and costs shall be 
paid : provided, however, that the person convicted and 
committed as aforesaid shall not be imprisoned more than 
ten da3^s for the non-payment of said fine and costs. 
Section 2. When a male person is guilty of the offence Pemityfor 
of drunkenness as aforesaid, and it is proved that he has ^^'^°^ '^ ^^^^' 
been convicted of a like offence once before, within the 
next preceding twelve months, he may upon conviction 
be punished by a fine not exceeding five dollars and the 



600 



1881. — Chapter 277. 



Penalty for 
third oftence. 



Chap. 277 



Band for regi- 
ment, battalion, 
etc., not to ex- 
ceed eighteen 
muBiciane. 



Enlistment for 
three years. 



Ke-enlistraent 
for one, two or 
three years. 



Parade !n May 
or June for 
drill. 



costs of prosecution, or by imprisonment in a jail or in 
any place provided by law for common drunkards, for a 
term not exceeding two months. And when it shall be 
proved that such person has been convicted of a like 
offence twice before within the next preceding twelve 
months, he may be punished by a fine not exceeding ten 
dollars and the costs of prosecution, or by imprisonment 
in a jail or in any place provided by law for common 
drunkards, for a term not exceeding one year." 

Ajyproved May 13, 1881. 

An Act to amend "an act to provide for the enrolment 
OF the militia, for the organization of the volunteer 

MILITIA, AND FOR THE PUBLIC DEFENCE." 

Be it enacted, etc., as follows: 

Section 1. Section twenty-eight of chapter two hun- 
dred and sixtj'-five of the acts of the year eighteen hun- 
dred and seventy-eight is hereby amended so as to read as 
follows: "Section 28. The commander of a regiment, 
separate battalion, corps of cadets, or unattached com- 
pany, may employ, or i-aise by enlistment, a band of 
musicians, not to exceed eighteen in number, to be under 
his direction and command; such musicians while on duty 
shall be subject to all the laws and regulations for the 
government of the militia, except that tliey need not be 
mustered in as prescribed for enlisted men." 

Section 2. Section fifty-five of chapter two hundred 
sixty-five of the acts of the year eighteen hundred and 
seventy-eight is hereby amended to read as follows : " Sec- 
tion 55. Every person enlisting in the volunteer militia 
shall be mustered into the service of the Commonwealth 
for a term of three years : provided, however, that any sol- 
dier who may have received an honorable discharge from 
the Massachusetts volunteer militia by reason of the ex- 
piration of his term of service may be re-enlisted and 
mustered in for a term of one, two or three years, as he 
may elect. All terms of service shall commence at noon 
on the date of enlistment; provided, said enlisted man 
shall be mustered in within thirty days after his enlist- 
ment, otherwise at noon on the date of muster in." 

Section 3. Section one hundred and four of chapter 
two hundred and sixty-five of the acts of the year eigh- 
teen hundred and seventy-eight is hereby amended to read 
as follows: "Section 1U4. Each regiment, separate bat- 
talion, corps of cadets, and unattached company of the 
volunteer militia, shall parade for drill one day in tlie 



1881. — Chapter 277. 601 

months of May or June, at such time and place as 
the commander-in-chief may designate. The inspector- 
general, his assistants, or such other officers as the com- 
mander-in-chief shall indicate shall attend such drills and 
report upon the proficiency of the troops; such reports to 
be made to the commander-in-chief in writing within 
thirty days from the date of such drill." 

Section 4. Section one hundred and seven of chapter Troops to i)e 
two hundred and sixty-five of the acts of the year eighteen dsedrand"*^"^" 
hundred and seventy-eight is hereby amended to read as '"^pecit-u. 
follows : " Section 107. At each encampment the troops 
shall be reviewed and shall be thoroughly exercised in the 
routine of camp duty, and shall be inspected by the 
inspector-general, his assistants, or such officers as may be 
detailed at the request of the inspector-general to act as 
assistants. Each inspecting officer shall report to the 
inspector-general in duplicate, in regard to numbers, dis- 
cipline, drill, condition of public property in possession, 
and any other matter affecting the character and efficiency 
of the organization ; one copy to be retained by him, the 
other to be forwarded to the commander-in-chief within 
thirty days from the date of the inspection." 

Section 5. Section one hundred forty-two of chapter Trial of enristea 
two hundred and sixty-five of the acts of the year eighteen mMtiaT.'''^"'* 
hundred and seventy-eight is hereby amended to read as 
follows, to wit : " Section 142. Any enlisted man may be 
tried by court martial : For disobedience of orders, or an 
act contrary to the provisions of this chapter, or to the 
provisions of the regulations for the government of the 
militia, or to the by-laws of the organization to which he 
belongs ; for disrespect to his superiors ; for mutiny or 
desertion ; for neglect of duty ; or for drunkenness on 
duty. A soldier absenting himself for the space of three 
months from all meetings, drills and parades of his com- 
pany, without leave or proper excuse shall be considered a 
deserter." 

Section 6. So much of sections fourteen and twenty- Repeal. 
eight of chapter two hundred and sixty-five of the acts of 
eighteen hundred and seventj'^-eight and all other acts and 
parts of acts inconsistent with this act are hereby repealed. 

Section 7. This act shall take effect upon its passage. 

.^pi^roved May 13, 1881. 
76 



602 



1881. — Chapter 278. 



Dog shelter may 
l)C authorized 
in Boston. 



JDcgs roTrmng 
at iarse to be 
seized, and 
delivered at 
piuitteiT. 



Chcrp. 278 An Act to authorize the establishment and maintenance 

OF A DOG SHELTER BT THE SOCIETY FOR THE PREVENTION OP 
CRUELTY TO ANIMALS, IN THE CITY OF BOSTON. 

Be it enacted, etc, as follows: 

Section 1. The board of aldermen of the city of Boston 
may authorize the Society for the Prevention of Cruelty to 
Animals to establish and maintain in said city a shelter for 
the detention of unlicensed or straj'' dogs which may be 
seized under the provisions of this act, and may make any 
necessary agreement with said society for the reception, 
sheltering, keeping and feeding, or humane killing or other- 
wise disposing of such dogs : provided, however, that no such 
shelter shall be established or maintained when an adjoining 
owner objects thereto. 

Section 2. The mayor of said city shall annually, 
within ten days from the first day of July, issue a warrant 
to one or more police officei's, or any officer of said Society 
for the Prevention of Cruelty to Animals, directing them 
to proceed forthwith to seize and deliver at such shelter all 
dogs found running at lai-ge within said city of Boston, 
not licensed and collared according to law, and to enter a 
complaint against the owners or keepers thereof. Such 
officers, other than those under regular pay from said city, 
shall receive one dollar from the treasurer of said city for 
each dog so taken and delivered as aforesaid. And all 
bills for such service shall be approved as provided in 
section seven of chapter one hundred and thirty of the acts 
of the year one thousand eight hundred and sixty-seven. 

Section 8. Every dog so taken and received by such 
shelter, as herein before provided, shall be there kept and 
provided with suitable food, and the owner thereof may 
redeem the same at any time within five days, by proving 
title to said dog, by showing that the same has been duly 
licensed according to law, and by pa3'ing the fee fixed by 
the aldermen of said city. At the expiration of five days 
said society may cause said dog to be humanely killed, or, 
upon the payment of the license fee required by law, it 
may sell or otherwise dispose of the same. 

Section 4. For keeping and sheltering any dog, under 
the provisions of this act, said society shall not be liable 
to pay any license fee, nor shall it be liable for keeping any 
dog at such shelter which is unlicensed. 

Section 5. The aldermen of said city shall have the 
power to prescribe the price at which any dog taken and 
kept in such shelter may be redeemed by the owner there- 
of j and all moneys received by said society for the re- 



D»g» to be feept 
five days, and if 
Bo-t reclaimed to. 
lt)e humanely 
kiUed. 



Not reqtiiTed to 
pay Hcerise fee 
for sheltering 
dog. 



Aldermen to fix 

Srlce for re- 
emptloB of 
dog. 



1881. — Chapters 279, 280. 

clemption and sale of any dogs kept at such shelter shall 
be paid to the treasurer of said city. 

Ajjpi-oved May 13, 18S1. 



603 



Gloucester 
Street Railway 
incoi-porated. 



An Act to incorporate ths Gloucester street railway com- Chap. 279 

PANY. 

Be it enacted^ etc.^ as follows: 

Section 1. Henry A. Burnham, Joseph J. Burns, 
Francis W. Homans, Robert Tarr, their associates and 
successors, are made a corporation under the name of the 
" Gloucester Street Railway Company ;" with authority to 
construct, maintain and operate a street railway, beginning 
at some point on East Main Street, East Gloucester, run- 
ning through the streets of the city to Magnolia in ward 
eight, and Riverdale, Annisquam, Bay View and Lanes- 
ville in ward seven or any part thereof, the same to be 
constructed within five years from the passage of this act ', 
with all the powers and privileges, and subject to all the 
duties, restrictions and liabilities set forth in all general 
laws which now are or hereafter may be in force relating 
to street railways. 

Section 2. The Gloucester Street Railway Company Gauge of three 
is hereby granted power to build its tracks of a uniform '*'^'" 
gauge of three feet. 

Section 3. The said company shall have authority to May construct 
construct and maintain branches to the depot of the Eastern ^'''"'^I'^s. 
Railroad and to such other points as it shall be for the 
interest of the company so to do. 

Section 4. The capital stock of said corporation shall capital stock, 
not exceed one hundred and fifty thousand dollars. 

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

Approved May 13, 1881. 



An Act to change the name of the Massachusetts mutual Chap. 280 

INSURANCE COMPANY. 

Be it enacted, etc., as follows: 

Section 1. The Massachusetts Mutual Insurance Com- is+ame changed, 
pany, doing business in Boston, may b}^ vote of a majority 
of those of its members who shall be present and voting at 
a meeting duly called for the purpose, change its corporate 
name to Massachusetts Mutual Fire Insurance Company. 

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

Approved May 13, 1881. 



604 1881. — Chapters 281, 282. 

Chap. 281 Ax Act to confirm the organization of the evangelical Lu- 
theran TRINITY CHURCH OF THE UNALTERED AUGSBURG CON- 
FESSION, IN BOSTON. 

Be it enacted, etc., as follows: 
Doings Section 1. The organization of the Evangelical Lu- 

coD ime . theran Trinity Chnrch of the unaltered Augsburg Con- 

fession, located on Parker Street in Boston, with all acts 
done thereunder, which religious societies may lawfully 
do, are hereby confirmed. 

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

Approved May 13, 1881. 

Chap. 282 -A.N Act to supply the village of chicopee falls in chicopee 

WITH PURE WATER. 

Be it enacted, etc., asfolloivs: 
Water supply SECTION 1. The Chicopec Falls fire district in the town 
Faii^^iire'^'^'^ of Chicopce is hereby authorized to supply its inhabitants 
district. with pure water to extinguish fires, and for domestic and 

other purposes; and may establish public fountains and 
hydrants, and regulate their use, and may fix and collect 
rents and make regulations for the use of such water. 
May tnake con- SECTION 2. Said district, for the purposes aforesaid, 
l?watl°r. *"^^'^ niay enter into contracts with any corporation or person to 
furnish pure water by means of force pumps or other 
machinery, and may construct reservoirs, and lay down 
conduits, pipes and drains under or over any water course, 
and along any street, highway or other way in said district 
in such manner as not to obstruct the same ; and for the 
purpose of constructing reservoirs and lajing down, main- 
taining and repairing such reservoirs, conduits, pipes and 
drains, and for all other proper purposes of this act, may 
May dig up dig up any such street, highway or other way; but all 
Btreets. things done upon any street, highway or other way shall 

be subject to the direction of the selectmen of said town. 
Liability for SECTION 3. Said district shall be liable to pay all dam- 

damagci). agcs Sustained by any person on his propert}' by any act 

done under the authority herein given. If any person sus- 
taining damages as aforesaid cannot agree with said dis- 
trict upon the amount of such damages, he may have the 
same assessed by the county commissioners of the county 
of Hampden by making a written application therefor with- 
in one year after sustaining such damages ; and either party 
aggrieved by the doings of said commissioners in the esti- 
mation of said damages may have the same determined by 
a jury ; and the said commissioners and jury shall have the 



1881. — Chapters 288, 284. 



605 



same power, and the proceedings shall in all respects be 
conducted in the same manner, as provided in case of taking 
land for higliways. 

Section 4. The rights, powers and privileges hereby powers may be 
granted may be exercised by such officers, agents and ser- 
vants as such fire district shall elect or employ, who shall 
act in accordance with the votes of said fire district. 

Section 5. Said district is hereby made a body corpo- 
rate so far as to accomplish the purposes of this act, and 
to prosecute and defend in all actions relating to the prop- 
erty and affairs of said district. 

Section 6. This act shall take effect upon its accept- subject to 
ance by a two-thirds vote of the legal voters of said fire 
district. Approved May 13, 1881. 



exercised by 
agents. 



District made a 
body corporate. 



acceptance. 



An Act relative to abandoned animals. 
Be it enacted, etc., as follows : 

Section 1. Any officer or agent of the Massachusetts 
Society for the Prevention of Cruelty to Animals may take 
charge of any animal found abandoned within this Com- 
monwealth, that may appear to be diseased or disabled 
beyond recovery for any useful purpose, and such officer 
shall, as early as may be, cause such animal to be appraised 
by two reputable citizens, to be duly sworn, who shall 
view the same in his presence and determine its value, and 
if the appraised value of the same shall not exceed five 
dollars, such officer may at once kill, or cause to be killed, 
said animal in a humane manner. 

Section 2. And said society whose officer or agent 
shall kill or cause to be killed any animal so taken and 
appraised, shall be indebted to the owner for the amount 
of its value, except where the death of the animal was ren- 
dered necessary by the wilful abandonment or cruelty of 
the owner as determined by the appraisers ; and the ap- 
praisers shall be paid by said society a reasonable compen- 
sation for their services. 

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

Approved May 13, 1881. 

An Act relating to the taxation of ships and vessels en- 
gaged IN foreign trade. 
Be it enacted, etc., as folloios : 

Section 1. Ships and vessels engaged in the foreign 
carrying trade shall not, for the purposes of taxation, be 
included in the personal estate of persons to be taxed ; 
but the net yearly income of such ships or vessels shall be 



Chap. 283 



Abandoned 
animal may be 
Isilled, if ap- 
praised value 
does not exceed 
five dollars. 



Owner to be 
paid, unless 
killing was 
made necessary 
by cruelty, etc. 



Compensation 
of appraisers. 



Chap. 284 



Vessels in for- 
eign carrying 
trade not to be 
taxed. 



606 



1881. — Chapter 284. 



Net yearly in- 
come taxable. 



To be actually 
engaged in such 
trade, or in port 
undergoing 
repairs. 



Owner or aucnt 
to make return 
to assessors. 



Tabular state- 
ment to be made 
to legislature. 



Assessors to 
make return to 
tax commis- 
sioner. 



I'o take efl'fct 
Way 1, 1882. 



taxed to the owner or owners thereof in their places of 
residence proportionally to their interests tlierein. 

Section 2. No ship or vessel shall be deemed to be 
engaged in the foreign carrying trade within the meaning 
of this act unless the same shall be either actually engaged 
in such trade, or in port undergoing repairs. 

Section 3. The provisions of this act shall not apply 
to au}^ ship or vessel unless the agent or owner thereof 
shall on or before the first day of June in each year, make 
a return, signed and sworn to by him, to the assessors of 
every town or city within this Commonwealth of which 
the owner of any share or interest in such ship or vessel 
may be a resident on the first day of May in such year, 
which shall set forth the name of such owner, and the 
name, class, and tonnage of such ship or vessel, the fact 
that she is at that date engaged in the foreign carr3'ing 
trade within the meaning of this act, the share or interest 
of such owner therein, and the dividends paid him upon 
his said share or interest during the year ending on such 
first day of May, and such dividends shall constitute the 
net yearly income to be taxed to such owner as provided 
in this act. 

Section 4. In the returns now required by law to be 
made by the assessors of cities and towns to the tax com- 
missioner, and in the report of that officer to the legisla- 
ture of such returns, shall be included a tabular statement 
of the statistics derived from the returns provided for in 
section three of this act. 

Section 5. The assessors of any city or town may, on 
or before the first day of September in each year, make a 
return, under oath, to the tax commissioner, showing the 
amount of its valuation on the preceding first day of May 
included in said ships and vessels, as shown by the returns 
provided for in section three of this act, the net income 
therefrom in the year for which the return is made as 
shown by said returns, and the net loss in the revenue of 
such city or town in said year arising under the provisions 
of tliis act, such loss being computed from the statistics 
furnished by said returns; and an amount equivalent to 
the amount of said net loss shall thereupon be credited by 
said commissioner to said city or town as an offset to any 
tax or other payment to be made by it to the treasurer of 
the Commonwealth. 

Section 6. This act shall take effect upon the first day 
of May, eighteen hundred and eighty-two ; and the fifth 
section shall continue in force five years thereafter, and no 
longer. Approved May 15, 1881. 



1881.— Chapters 285, 286, 287. 607 

An Act concerning bounties to agpjcultural societies. Chap. 285 
Be it enacted^ etc., as follows: 

No bounty shall be paid to any agricultural society in Payment of 
any one year, out of the treasury of the Commonwealth, if agricufturat 
the state board of agriculture by a two-thirds vote of the •'*«^'''t'es. 
whole number of its members present at its annual meet- 
ing shall so determine, and by its secretary notify the 
treasurer and receiver-general of the Commonwealth of its 
action, on or before the first day of September in each 
3'ear: provided, that said board shall first give the society, 
from which it is proposed to withhold such bounty, full 
opportunity to be heard in relation to its financial affairs 
and its general management before such vote or action is 
taken ; and provided, further, that nothing in this act or 
previous acts shall prevent agricultural societies from pay- 
ing such premiums as they may offer for experiments in 
cultivation of crops or raising domestic animals for farm 
purposes. Approved May 13, 1881. 

An Act to establish the salaries op district attorneys. Chap. 286 
Be it enacted, etc., as follows : 

Section 1. The annual salaries of the district attor- Salaries 
neys for the eastern, south-eastern, southern, middle, and «'^'=*^''**^«<^- 
western districts shall hereafter be eighteen hundred dol- 
lars ; for the northern district, twenty-four hundred dol- 
lars ; and for the north-western district, thirteen hundred 
and fifty dollars. 

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

Approved May 13, 1881. 

An Act to establish the salaries of the board of harbor Chap. 2H1 

AND land commissioners. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter two hundred and saianes 
sixty-three of the acts of the year eighteen hundred and ^**^''''®'^'^<^- 
seventy-nine is hereby amended by striking out all after 
the word " commissioners," in the fourteenth line, and in- 
serting in the place thereof the following : " the compen- 
sation of said board of commissioners from and after the 
first day of January of the present j-ear shall be five thou- 
sand five hundred dollars per annum ; of which the chair- 
man of the said board shall receive two thousand one 
hundred dollars and the other members of the board each 
one thousand seven hundred dollars ; they shall also be 
allowed their actual travelling and other necessary ex- 
penses." 



«08 



1831. — Chapter 288. 



Chap. 288 



Corporators. 



Xame. 



Powers and 

duties. 



Mny construct 
wharves, eleva- 
tors and ware- 
houses. 



May tie ap- 
pointed public 
warehouBeraan. 



May take certain 
l.'iod in Kaet 
HoHluii. 



Section 2. Section two of said chapter two hundred 
and sixty-three is liereby amended by striking out all after 
the word "kept," in the eighth line. 

Approved May 13, 1881. 

An Act to incorporate the east boston railway, dock and 

elevator company. 
Be it enacted, etc., as follows: 

Section 1. Isaac Pratt, junior, John M. Clark, Edwin 
Wright, Nelson Curtis, Edward G. Nickerson, Mark Goo- 
gins, Albert Bowker, their associates and successors, are 
hereby made a corporation by the name of the East Bos- 
ton Railway, Dock and Elevator Company, to be estab- 
lished in the city of Boston, with all the powers and 
privileges and subject to all the duties, restrictions and 
liabilities set forth in all the general laws Avhich now are 
or hereafter may be in force relating- to all similar cor- 
porations organized under the general laws of this Com- 
monwealth, and in all the general railroad laws so far as 
the same may be applicable, except so far as otherwise 
especiall}' provided W this act. 

Section 2. Said corporation is hereby authorized to 
construct and maintain docks, wharves, elevators, ware- 
houses and other buildings and structures suitable for 
terminal facilities for the reception, storing and delivering 
and forwarding of freight to be received or sent by any 
railway or vessel, and shall receive and store at reasonable 
rates and under reasonable regulations, and so far as their 
capacity will admit, all freights that shall be offered to 
said company by any railroad or ship owner, and shall 
make no discrimination for or against any railroad corpora- 
tion or any ship owner desiring to do business on its 
premises. Also to transact all such business as is usually 
performed by persons or corporations engaged in receiv- 
ing, storing or forwarding freight at the seaboard ; and for 
that purpose may be appointed public warehouseman pur- 
suant to the laws of the Commonwealth, but shall not be 
authorized to carry on the business of buying and selling 
merchandise. 

Section 3. Said corporation, for the purposes set forth 
in the preceding sections may, at any time within two 
years from the passage of this act, take and hold by pur- 
chase or otlierwise any or all tliat parcel of land and real 
estate, with the wliurves, docks and buildings thereon, 
lying between the harbor or eomniissioneis' line, so called, 
and Border and Condor Streets in East Boston, and be- 



1881. — Chapter 288. 609 

tween Meridian Street and the bridge built in continna- 
tion thereof to Chelsea, and a line which is the northerly 
boundary line of the wharf estate of Theodore Lyman and 
H. S. Russell, trustees for the heirs of G. Rowland Shaw, 
lying north of the wharf estate of William L. Sturtevant, 
from said Border Street to said commissioners' line, and 
may purchase and hold as far as the northerly boundary 
line of the wharf estate of William L. Sturtevant. Said 
corporation may also purchase and hold such other lands 
and wharves in that part of East Boston known as the 
third section (north of Condor Street), or in the fourth 
section, or in that part of Chelsea adjoining or near to 
said fourth section, as may be required for standing room 
for cars, cattle yards and other purposes connected with, 
or incidental to, the carrying on of the business of said 
corporation. 

Section 4. Said corporation may lay and maintain Mayiayand 
railroad tracks upon any of it .-lands, wharves or terminal road uacks!'" 
grounds, and may, with the consent of, and in the method 
and under the conditions imposed by the board of alder- 
men of the city of Boston, and with the consent of the 
board of railroad commissioners, connect the same with 
the tracks of any railroad corporation or corporations 
which shall at anytime have, or be authorized to have 
or lay, tracks in any street or over any lands or wharf 
adjoining the lands of this corporation, for the purpose 
only of connecting its property directly with any railroad 
located, or which may be hereafter located, in that part of 
East Boston known as the fourth section, said corporation 
may take and hold by purchase or otherwise such land 
and real estate as may be necessary therefor; and for May take land 
such purpose may also lay tracks to be operated by steam "brpu^poie.*^ 
power in such streets as the board of aldermen of the city 
of Boston may permit, and subject to such regulations and 
conditions as said board may prescribe, and with the con- 
sent in the method and under the conditions prescribed 
by said board of aldermen and with the consent of said 
board of railroad commissioners, may connect their said May connect 
tracks with or cross them over the tracks of any railroad oUicTMiiroads. 
corporation or corporations which now have or shall at 
any time have or be authorized to have or lay tracks in 
said East Boston ; and all the tracks above authorized to 
be laid may be operated by steam power by the corpora- 
tion hereby created, or by any connecting railroad com- 
pany ; and all the tracks authorized by this act to be 
operated by steam power, shall be operated according to 

77 



610 



1881. — Chapter 288. 



Connecting rail- 
roads to receive 
and deliver 
fi't'ight cars. 



A description of 
the land taken, 
to be filed in the 
registry of 
deeds. 



llelocation of 
tracks for 
purpose of mak- 
ing connections. 



Taymont of 
damages. 



J'roviso. 



the provisions of the general railroad act of the year 
eighteen hundred and seventy-four, and all acts heretofore 
or hereafter passed in amendment thereof. It shall be 
the duty of each railroad corporation whose railroad shall 
be connected M^ith the tracks of this corporation, as afore- 
said, either directly or over intervening road or roads, to 
receive and deliver freight cars at each of said connec- 
tions, and to draw the same over its road at rates to be 
established according to the provisions of said general rail- 
road act and any amendment thereof or addition thereto 
regulating the use and operation of connecting railroads. 
In making such connections this corporation shall have 
all the powers, and be subject to all the duties, so far as 
applicable thereto, set forth in said act, amendments and 
additions in respect to connecting railroads. 

Section 5. Said corporation shall, within sixty days 
from the time it takes any land otherwise than by pur- 
chase, file in the office of the registry of deeds for the 
county of Suffolk a description of each parcel of land so 
taken, as certain as is required in a common conveyance 
of land, together with a statement of the purpose for 
which the lands are taken, which description and state- 
ment shall be signed by the president of the corporation : 
provided, hou'ever, that no land or tracks of an}' railroad 
corporation shall be taken or interfered with, except for 
the connection and crossings permitted by this act, with- 
out its consent. But any railroad corporation having 
tracks in any street or location adjacent to the lands of 
the corporation hereby created may, by agreement with 
said corporation, under the limitations of this act, re-locate 
its tracks either upon the lands of said corporation or 
upon other lands, if any, belonging to such railroad corjDO- 
ration as may be necessary for connections with the tracks 
of said corporation. 

Section 6. When any real estate or other property 
shall be taken under the provisions of this act, said corpo- 
ration shall pay all the damages occasioned thereb}'; and 
said damages shall in case the parties fail to agree upon 
the same be determined and recovered in the manner pro- 
vided in the general laws in respect to land and real estate 
taken by railroad corporations for the location and making 
of their railroads, or for depot and station purposes : pro- 
vided, that any person or persons or corporation, any part 
or portion of whose lands lying in the same body shall be 
taken by said corporation under this act, shall be entitled 
to surrender, by tender of a good and sufficient deed 



1881. — Chapter 289. 



611 



thereof to said corporation, the residue of their said land 
within six months from said taking, and in that case to 
recover the damages occasioned by taking the whole of 
said parcel in the manner herein before provided. 

Section 7. The capital stock of said corporation shall capuai stock 
not be less than two hundred and fifty thousand dollars, =1"*^ '''^=»'"''«- 
nor more than two million dollars, to be fixed and in- 
creased as may be necessary from time to time by vote 
of the corporation, and shall be divided into shares of the 
jDar value of one hundred dollars each ; but said corpo- 
ration shall not take any land, or begin the transaction of 
business, until the whole amount of the capital stock as 
then fixed shall have been paid in, in cash, agreeably to 
the provisions of the general laws relative to corporations 
organized under the laws of the Commonwealth, and a 
certificate thereof filed in the office of the secretary of the 
Commonwealth as required by statutes of eighteen hun- 
dred and seventy, chapter two hundred and twenty-four, 
section thirty-two. 

Section 8. Any railroad corporation within or without certain corpora, 
the Commonwealth, owning a railroad the tracks of which panics niay°S<e 
connect either directly or over intervening tracks with any android stocij. 
railroad having its location in East Boston ; any steam- 
ship company engaged in the carriage of freight between 
the port of Boston and any foreign port ; any incorporated 
land transportation company, and the East Boston Com- 
pany, — may subscribe for and hold stock in said East 
Boston Railway, Dock and Elevator Company, and in such 
case may be represented and vote at all meetings of said 
last named corporation by its president or any agent ap- 
pointed by its board of directors for that purpose. 

Section 9. Said corporation may issue its bonds and May issue bonds 
secure them by mortgage of its property and franchise, to mOTt|age?^^ 
an}'- amount not exceeding two-thirds of its capital stock 
then paid in. 

Section 10. This act shall take effect upon its passage. 

Approved May 13, 1881. 



An Act makixg appropriations for the double tracking Chap. 289 

AND improvement OF THE TROY AND GREENFIELD RAILROAD 
AND HOOSAC TUNNEL. 

Be it enacted, etc., as foUoics : 

Section 1. The sums hereinafter mentioned, to be ex- Appropriations 
pended under the direction of the governor and council, tracishig raii- 
are appropriated, to be paid from the ordinary revenue road and tunnel, 
unless otherwise ordered, for the double tracking and im- 



612 



1881. — Chapters 290, 291. 



Appropriations 
for tek'Krapli, 
steam bIiovc-I, 
locomotive, etc. 



provement of the Troy and Greenfield Railroad and Hoosac 
Tunnel : — For telegraph construction purposes, a sum not 
exceeding two thousand dollars, to be paid from the Troy 
and Greenfield Railroad fund, the excess if any from the 
revenue. For extension of side tracks and extension of 
yard at North Adams, a sum not exceeding eighty-four 
thousand dollars. For stone ballast in the tunnel, a sum 
not exceeding two thousand dollars. For fifty feet of arch- 
ing in the little tunnel, a sum not exceeding eight thousand 
five hundred dollars. For four iron plate girder bridges, a 
sum not exceeding four thousand dollars. For fencing, 
a sum not exceeding five hundred dollars. For one loco- 
motive, a sum not exceeding six thousand dollars. For 
one steam shovel, a sum not exceeding seven thousand five 
hundred dollars. For dump cars, a sum not exceeding ten 
thousand dollars. For double tracking any portion of the 
Troy and Greenfield Railroad east of the eastern portal of 
the Hoosac Tunnel, a sum not exceeding two hundred 
thousand dollars. 

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

Approved Jfay 13, 1881. 

An Act to establish the salaries of the standing justice 

and clekk of the police court of lynn. 
Be it enacted, etc., asfoUoivs: 

Section 1. The salary of the standing justice of the 
police court of L3'nn, shall be one thousand six hundred 
dollars per year ; the salary of the clerk of the police 
court in the city of Lynn, shall be one thousand dollars 
per year. 

Section 2. So much of section two of chapter two 
hundred and thirty-four of the acts of the year eighteen 
hundred and seventy-nine as is inconsistent with this act 
is hereby repealed. 

Section ^S. This act shall take effect upon its passage. 

Approved May 13, 1881. 

An Act in relation to elections in the city of boston. 
Be it enacted, etc., as follows: 

Section 1. In each voting precinct in the citv of 
for^eucK'vounif Bostou thcrc sliall bc the following election oflicers,'that 
preciuct. is to Say : — The ma^'or at some time before the first day 

of October in each year, shall with the approval of the 
board of aldermen appoint for each voting precinct one 
warden, one deputy warden, one clerk, one deputy clerk, 
two inspectors and two deputy inspectors, qualified voters 



Chap. 290 



Salaries 
cstabliBtaed. 



Repeal. 



Chap. 2^1 



Certain ofllcers 



1881. — Chapter 291. 



613 



in tlie ward of which each precinct forms a part, who shall 
be men of good repute and standing, and shall equally rep- 
resent each of the two leading political parties. Each of 
said officers shall be sworn to the faithful performance of officers to 
his duties, and shall hold office for one year from said first ''^ '*^^'"'"- 
day of October in the year in which he is appointed and 
until a successor is appointed or he is removed. Either of 
said officers may be removed at anytime by the mayor, May be removed 
with the approval of the board of aldermen, upon written ^<''^*'^"*^- 
charges of incompetence or official misconduct, preferred 
either by the city clerk or by not less than six qualified 
voters of the ward in which the officer is appointed to act. 
In case of any vacancy occuriing before the first day of Vacancies. 
November in any year, or in case either of said officers 
shall decline to act and shall give notice thereof to the 
city clerk on or before said first day of November, the 
mayor with the approval of the board of aldermen shall 
appoint some person of good repute and standing to fill 
said office ; and in making such appointment it shall be 
his duty to preserve the just and equal representation of 
the two leading political parties in the precinct offices. 
Every person so appointed shall be sworn to the faithful 
discharge of his duties. In case of a vacancy in the office of 
warden, clerk or inspector of a precinct on the day of any 
election, the person appointed as deputy of said warden, 
clerk or inspector shall act in his place, and shall have the 
same powers and be subject to the same duties and liabili- 
ties as the officer for whom he acts. No deputy precinct 
officer shall have power to act in any official capacity, or 
while the polls are open, or during the counting of the 
votes, be admitted to the space reserved for the precinct 
officers, except while filling a vacancy as aforesaid; and he 
shall receive no compensation, except for attendance at 
the opening of the polls, or for services while acting for 
the officer whose place he fills. In case the warden and ifwaicien.cicrk, 
deputy warden, or the clerk and deputy clerk, or one of 
the inspectors and his deputy are absent at the time 
designated for the opening of the polls on the day of 
any election, a suitable person shall be elected by the 
voters of said precinct, by nomination and hand vote, 
with full power to act for the time being in place of the 
absent officer. The wardens, clerks and inspectors ap- 
pointed by the mayor or otherwise, as herein provided, 
shall have the same powers and, except as otherwise pro- 
vided, be subject to the same duties and liabilities as the 
wardens, clerks and inspectors now holding office in said 
<"'ifv. 



elected by hand 
Vote. 



6U 



ISSl.-^ClIAPTEH 291. 



Supervisors nt 
elections to be 
appointed, upon 
petition of 
Voters. 



Duties. 



Ballot boxes 
Rnd etarnpe. 



Ballots to be 
sealed up> 



Rogu!:illoni< to 



Section 2. Upon tlie petition in writing of ten quail' 
fied voters of the city of Boston, presented to tlie mayor 
at least foitrteen days before any election of state, county 
or municipal officers, he shall appoint, subject to the ap- 
proval of the board of aldermen, for each voting precinct, 
two citizens, residents of said city, to act as supervisors at 
the said election of state, county or municipal officers. 
Said supervisors shall be appointed from each of the two 
leading political parties, and shall serve without com- 
pensation. Said supervisors shall attend at the several 
precincts for which they are appointed, and, while the polls 
are open, shall occupy such a position near and in view of 
the ballot boxes, but outside of the space occupied by the 
precinct officers, as the warden may designate. After the 
polls are closed the said supervisors shall be admitted 
within the enclosed space occupied by the precinct offi- 
cers, and shall witness the counting of the ballots and the 
delivery of the check lists and ballots to the officers desig- 
nated to receive the same ; and they shall, within twent}--- 
four hours after the closing of the polls, send to the city 
clerk, upon a form provided for that purpose, a certificate 
of the fact of their attendance at the polls, and a state- 
ment of the manner in which the election was conducted, 
together with such other information as the city clerk may 
require. 

Section 3. The city clerk shall send to the officers of 
each precinct, before the opening of the polls on every 
election day, such stamps and ballot boxes as may be ap- 
proved by the board of aldermen. No ballot shall be 
removed from the ballot box in any precinct while the 
polls are open, and the ballots, upon the closing of the 
polls, shall be counted by the precinct officers in the pres- 
ence of the supervisors. Nothing herein contained shall 
exclude the voters of the precinct while the ballots are 
being counted. Iminediatel}' after the closing of the polls 
the precinct officers shall cause the check lists in their 
respective precincts to be sealed up and delivered to a 
police officer, who shall convey the same forthwith to 
the office of the city clerk. After the ballots have been 
counted the}' shall be sealed up in an envelope, as now 
provided by law, or in the ballot boxes if the board of 
aldermen shall so direct ; and such envelopes or boxes 
shall then be eudorsed as now provided by law, and shall 
forthwith be delivered to a police officer, who shall convey 
the same without delay to the office of the city clerk. 
The board of aldermen may pass such regulations in re- 



1881. — Chapter 292. 



615 



gard to the use of the stamps and ballot boxes, and the 
manner of receiving, counting and returning the votes, as 
they may deem expedient, provided such regulations are 
not inconsistent with the provisions of law ; and if any 
person wilfully neglects or refuses to comply with any 
of such regulations, he shall be punished by a fine not 
exceeding one hundred dollars, or by imprisonment in the 
house of correction not exceeding six months. 

Section 4. It shall be the duty of the superintendent 
or other chief executive officer of the police force of said 
city, under the direction of the police commissioners, to 
detail a sufficient number of police officers, not less than 
two for each voting precinct, who shall be stationed at 
such voting precincts on the day of election, to preserve 
order and to protect each and all of said election officers 
and supervisors from any interference with, or obstruction 
in, the performance of their respective duties. 

Section 5. Whoever wilfully obstructs any officer 
mentioned in this act in the performance of his duties, 
and whoever being an election officer named in this act 
shall wilfully or negligently violate any of the provisions 
of this act, or of any act of which this is an amendment, 
or to which it is an addition, or of any act in addition 
thereto and in amendment thereof, he shall for each of- 
fence be punished by a fine of not less than twenty nor 
more than two hundred dollars, or by imprisonment in the 
house of correction for a term not exceeding one year. 

Section 6. All acts or parts of acts inconsistent here- 
with are hereby repealed. 

Section 7. This act shall take effect upon its passage. 

Approved May 13, 1881. 



ha observed, 
under penalty. 



Police officers 
to be prc-eent 
voting places. 



Penalty for tieg' 
lect of official 
duty, and for 
obstrncting 
officer in per- 
formaDce of 
dU'ty. 



Repeal, 



Chap. 292 



Kale of an imitfs- 
tioD of bwtli'sr. 



An Act to prevent DECEFrroN in sales op butter and 

CHEESE, 

Be it enacted, etc., as foUoivs : 

Section 1. Whoever, by himself or his agents, shall 
sell, expose for sale, or have in his possession with intent 
to sell, any article, substance or compound, made in imita- 
tion or semblance of butter or as a substitute for butter, 
and not made exclusively and wholly of milk or cream, 
or containing any fats, oils or grease not produced from 
milk or cream, shall have the words "adulterated butter," 
or if such substitute is the compound known as oleo- 
margarine, then the word "oleomargarine," stamped, oieomafgariffe-. 
labelled or marked, in printed letters of plain Roman type 
not less than one inch in length, so that said word cannot 



616 



1881. — Chapter 292. 



Packages to be 
labelled. 



Sale of an imita- 
tiou of cheese. 



TackageB to be 
labelled. 



Penalties. 



be easily defaced, upon the top and side of every tub, fir- 
kin, box or package containing any of said article, sub- 
stance or compound. And in case of retail sales of any 
of said article, substance or compound not in the original 
packages, the seller, by liimself or his agents, shall attach 
to each package so sold at retail, and deliver with said 
package to the purchaser, a label or wrapper bearing in a 
conspicuous place upon the outside of said package the 
words " adulterated butter," or the word " oleomargarine," 
as herein provided, in printed letters of plain Roman type 
not less than one-half inch in length. 

Section 2. Whoever, by himself or his agents, shall 
sell, expose for sale, or have in his possession with intent 
to sell, any article, substance or compound, made in imita- 
tion or semblance of cheese, or as a substitute for cheese, 
and not made exclusiv-ely and wholly of milk or cream, or 
containing any fats, oils or grease not produced from milk 
or cream, shall have the words "imitation cheese," 
stamped, labelled or marked, in printed letters of plain 
Roman type not less than one inch in length, so that said 
words cannot be easily defaced, upon the side of every 
cheese cloth or band around the same, and upon the top 
and side of every tub, firkin, box or package containing 
any of said article, substance or compound. And in case 
of retail sales of any of said article, substance or com- 
pound not in the original packages, the seller, by himself 
or his agents, shall attach to each package so sold at retail, 
and deliver with said package to the purchaser, a label or 
wrapper bearing in a conspicuous place upon the outside 
of said package the words " imitation cheese," in printed 
letters of plain Roman tj^pe not less than one-half inch in 
length. 

Section 3. Whoever sells, exposes for sale, or has in 
his possession with intent to sell, any article, substance or 
compound made in imitation or semblance of butter or as 
a substitute for butter, except as provided in section one ; 
wdioever sells, exposes for sale, or has in his possession 
with intent to sell, any article, substance or compound 
made in imitation or semblance of cheese, or as a substi- 
tute for cheese, except as provided in section two, ami 
whoever shall deface, erase, cancel or remove any mark, 
stamp, brand, label or wrapper provided for by this act, or 
change the contents of any box, tub, article or package 
marked, stamped or labelled as aforesaid, with intent to 
deceive as to the contents of said box, tub, article or pack- 
age, shall for every such offence forfeit and pay a fine of 



1881. — Chapter 293. 



617 



"Butter' 
" cheese ' 
defined. 



and 



one hundred dollars, and for a second and each subse- 
quent offence a fine of two hundred dollars, to be recov- 
ered with costs in any court of this Commonwealth of 
competent jurisdiction ; and any fine paid shall go to the 
city or town where the offence was committed. 

Section 4. It shall be the duty of every inspector of inspectors of 
milk to institute complaint for violating the provisions of TOmpiaims.'^ 
this act whenever he has reasonable cause for suspicion, 
and on the information of any person who shall lay before 
him satisfactory evidence on which to sustain the same. 
It shall be the duty of said inspector to take specimens of 
suspected butter or cheese, and cause the same to be ana- 
lyzed or otherwise satisfactorily tested, the result of which 
he shall record and preserve as evidence ; and a certificate 
of such result, sworn to by the analyzer, shall be admitted 
in evidence in all prosecutions under this act. The ex- 
pense of such analysis or test, not exceeding twenty dol- 
lars in any one case, may be included in the costs of 
prosecution. 

Section 5. For the purposes of this act the terms 
"butter," and " cheese," shall be understood to mean the 
products usually known by these names, and which are 
manufactured exclusively from milk or cream, or both, 
with salt and rennet, and with or without coloring matter. 

Section 6. All acts and parts of acts inconsistent Repeal, 
herewith are hereby repealed. 

Section 7. This act shall take effect upon its passage. 

Approved May 13, 1881. 

An Act coxcerxing the preparation, printing and distri- Chap. 293 

BDTION OF PUBLIC DOCUMENTS. 

Be it enacted., etc., as follows: 

Section 1. There shall be printed annually, on or Printing and 
before the assembling of the legislature, or as soon there- public docu.'^ 
after as possible, the number of copies of documents and ™'^"^^- 
reports specified in the following list ; the same to be 
numbered in a series called Public Documents, and dis- 
tributed as herein provided ; and said reports 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 shall be 
transmitted to the legislature through the office of the 
secretary of the Commonwealth ; 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 contin- 
gent fund, nor the earnings of any department or insti- 

78 



618 



1881. — Chapter 293. 



Registration. 

Education. 

State library. 
Agriculture. 

Treasurer. 

Auditor. 

Adjutant- 
general. 

Savings banks. 
County oflBcers. 
Fire insurance. 
Life insurance. 



Corporations. 

Harbor and land 
coinmissiouers. 



Attorney- 
general. 
Prisons. 



Railroads. 



Labor. 



Tax coramls- 
Biuner. 



tution, the earnings of which are the property of the 
Commonwealth ; and no bill for printing any larger num- 
ber shall be approved by the auditor nor be paid out of 
any funds belonging to the Commonwealth. 

Registration of births, marriages and deaths, three thou- 
sand copies. 

Report of secretary of board of education, four thousand 
copies. 

Report of librarian of state library, one thousand copies. 

Report of secretary of board of agriculture, eight thou- 
sand copies. 

Report of treasurer and receiver-general, one thousand 
copies. 

Report of auditor of accounts, one thousand two hun- 
dred and fifty copies. 

Report of adjutant general, one thousand seven hundred 
and fifty copies. 

Report of savings bank commissioners, one thousand five 
hundred copies. 

Report of savings bank commissioners on the accounts 
of county officers, one thousand copies. 

Report of insurance commissioner on fire insurance, two 
thousand copies. 

Report of insurance commissioner on life insurance, two 
thousand five hundred copies ; five hundred to be placed 
at disposal of commissioner. 

Abstract of returns of corporations, two thousand copies. 

Report of harbor and land commissioners, one thousand 
five hundred copies ; five hundred to be placed at disposal 
of commissioners. 

Report of attorney general, one thousand copies. 

Report of board of commissioners of prisons, one thou- 
sand seven hundred and fifty copies ; and five hundred 
additional of that part referring to the reformatory prison 
for women, for the use of the superintendent ; five hun- 
" dred copies additional of that part referring to the state 
prison, for the use of the warden ; and two hundred and 
fifty copies of that part referring to the agent for aiding 
discharged convicts, for the use of said agent. 

Report of railroad commissioners and returns of railroad 
corpoiations, one thousand five hundred copies ; of report 
of railroad commissioners without returns, one thousand 
seven hundred and fifty copies. 

Report of bureau of statistics on the subject of labor, 
four thousand copies. 

Report of tax commissioner, one thousand five hundred 
copies. 



1881. — Chapter 293. 619 

Report of state board of health, lunacy and charity, two Health, lunacy 

thousand copies. ""'"^ ''^'"■"^• 

Supplementary report of the health department of the Health 

same, four thousand five hundred copies. department. 

Report of the trustees of state primary and reform Primary and 

schools, one thousand five hundred copies. '■"^°™ ''^^'^°°''- 

Aggregates of polls, property and taxes, one thousand poiis, property 

five hundred copies. ^at^-^^^. 

Reports of trustees of lunatic hospitals at Northampton, Lunatic 

Taunton, Worcester, Danvers, and the state workhouse at ^°*i'"'''*- 
Bridgewater, one thousand copies each. 

Report of commissioners of inland fisheries, two thou- inland fisheries, 
sand copies. 

Report of board of trustees of the state almshouse, one state 

thousand copies. almshouse. 

Reports of trustees of Perkins institution and Massa- Biiud asylum, 
chusetts school for the blind, and of school for idiotic and 
feeble minded youth, one thousand copies each. 

Provided, that there shall be printed of the report of Agriculture. 
the secretary of the board of agriculture for the year 
eighteen hundred and eighty, ten thousand copies, twenty 
copies of which shall be distributed to each member of 
the legislature ; and of the supplementary report of the 
health department of the board of health, lunacy and Health 
charit}^ for the year eighteen hundred and eighty, four '''^p^''^'^'^"'- 
thousand five hundred copies, seven copies of which shall 
be distributed to each member of the legislature. 

Section 2. The state printers are authorized to retain Five hundred 
five hundred copies of each of the series of public docu- bound Onsets. 
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 dis- 
cretion may select. And all public documents, the dis- 
tribution of which is not otherwise provided for, shall be 
distributed under direction and at the discretion of the Distribution, 
secretary of the Commonwealth, and the secretaries or 
heads of the several boards and departments. 

Section 3. There shall also be printed the follow- 
ing : — 

Of the Manual of the General Court, to be prepared Manual, 
each year by the clerks of the two branches, four thousand 
five hundred copies. 

Of the lists of members and committees of the General Lists of mem. 
Court, to be prepared each year by the clerks of the two muteesf *'"™" 
branches, one thousand five hundred copies, three hundred 



620 



1881. — Chapter 293. 



" Blue Book." 

ramplilet edi- 
tion of tlie lawe 



Governor's 
address. 



Election 
sermon. 



Agricultural 
college. 



Distribution of 
documents. 



Sale of 
documents. 

Repeal. 



and fifty of which shall be bound in memorandum book 
form, for the use of members and officers of the legisla- 
ture. 

Of the "Blue Book," four 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-two thousand copies. 

Of the governor's address, in addition to the nine hun- 
dred copies printed for the use of the legislature, one 
thousand one hundred copies; five hundred of which shall 
be for the personal use of the governor. 

Of the election sermon, one thousand copies; one hun- 
dred of which shall be for the personal use of the preacher. 

Of the report of the trustees of the agricultural college, 
in addition to the nine hundred copies printed for the use 
of the legislature, three hundred and fifty copies for the 
use of the college. 

Section 4. Each member of the executive and legis- 
lative departments, the clerks of both branches of the 
legislature, 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. 

Eight copies of the Manual shall be distributed to each 
member of the General Court, and three hundred copies 
be reserved for the succeeding General Court, and one 
copy sent to each of the free and public libraries through- 
out the state ; and the remaining coj^ies of t]ie Manual, 
and list of members and committees, shall be in charge of 
the clerks of the two branches, to be distributed at their 
discretion, members of the legislature and state officers to 
be entitled to first consideration. 

Each member of the legislature and the clerks of both 
branches shall also be entitled to receive the following 
additional number of copies of documents ; of the report 
of the secretary of the board of agriculture, twelve copies, 
of the supplementary report of the health department of 
the board of health, lunacy and charity, seven copies, 
of the report of the bureau of statistics on the subject of 
labor, seven copies, of the " Blue Book," seven copies, of 
the report of the secretary of the board of education, five 
copies. 

Section 5. All public documents now on sale are re- 
leased therefrom, except the provincial and special laws. 

Section 6. Chapter one hundred and ninety-three of 
the acts of eighteen hundred and eighty is hereb}' repealed. 

Section 7. This act shall take efi'ect upon its passage. 

Approved Slay i5, 1881. 



1881. — Chapter 294. 



621 



An Act to apportion and assess a state tax of one million Chap. 294 

FIVE HUNDRED THOUSAND DOLLARS. 

Be it enacted^ etc., as follows: 

Section 1. Each city and town in this Commonwealth state tax of 
shall be assessed and pay the several sums with which ' " ' 
they stand respectively charged in the following schedule, 
that is to say : — 



BARNSTABLE COUNTY. 



Barnstable . 
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 


Falmouth . 


Two thousand and fifty-five dollars, 


2,055 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 two 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 




|U,055 00 



Adams 
Alford 
Becket 
Cheshire . 
Clarksburg 



BERKSHIRE COUNTY. 



One thousand eight hundred and 
ninety dollars .... 
Two hundred and forty doUars 

Four hundred and twenty dollars 

Nine hundred and fifteen dollars 

Two hundred and twenty-five dollars, 



Barnstable 
County. 



Berkshire 
County. 



$1,890 00 
240 00 

420 00 

915 00 

225 00 



622 



1881. — Chapter 294. 



Berkshire 

County. 


BERKSHIRE COUNTY— Con CLUDKD. 




Dalton 


One thousand and ninety-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 




Monterey . 


Two hundred and forty dollars 


240 00 




;Mt. Washington, 


Seventy-five dollars .... 


75 00 




New Ashford 


Seventy-five dollars .... 


75 00 




New Marlborough 


Seven hundred and twenty dollai-s . 


720 00 




North Adams 
Otis . 


Three thousand six hundred and 
forty-five dollars .... 
Two hundred and forty dollars 


3,645 00 
240 00 




Peru . 


One hundred and thirty-five dollars . 


135 00 




Pittsfield . 
Richmond . 


Seven thousand five hundred and 

ninety dollars .... 

Four hundred and ninety-five dollars, 


7,590 00 
495 00 




Sandisfield 
Savoy- 


Three hundred and seventy-five 

dollars 

One hundred and ninety-five dollars, 


375 00 
195 00 




Sheffield . 


One thousand and five dollars . 


1,005 00 




Stockbridge 
Tyringham 


Two thousand three hundred and fifty- 
five dollars 

Two hundred and twenty-five dollars. 


2,355 00 
225 00 




Washington 


Two hundred and ten dollars . 


210 00 




W. Stockbridge . 


Seven hundred and fifty dollars 


750 00 




Williarastown . 
Windsor . 


One thousand five liundred and sixty 

dollars 

One hundred and ninety-five dollars, 


1,560 00 
195 00 




$33,060 00 



1881. — Chapter 294. 

BRISTOL COUNTY. 



623 

Bristol County. 



Acushnet . 
Attleborough 
Berkley 
Dartmouth 
Dighton 
Easton 
Fairhaven . 
Fall River . 
Freetown . 
Mansfield . 
New Bedford 
Norton 
Raynham . 
Rehoboth . 
Seekonk 
Somerset . 
Swanzey 
Taunton . 
Westport . 



Five hundred and ten dollars . 

Three thousand eight hundred and 

eighty-five dollars 
Two hundred and seventy dollars 

One thousand five hundred and 

seventy-five dollars 
Seven hundred and five dollars 

Two thousand four hundred and 

ninety dollars 
One thousand three hundred and 

thirty-five dollars ... 
Forty thousand and sixty-five dollars 

Six hundred and thirty dollars 

One thousand and five dollars . 

Twenty-one thousand eight hundred 

and seventy dollars 
Seven hundred and thirty-five dollar 

One thousand and fifty dollars 

Six hundred and ninety dollars 

Five hundred and twenty-five dollars, 

Nine hundred dollars 

Five hundi'ed and eighty-five dollars. 

Fourteen thousand three hundred 

and fifty-five dollars 
One thousand two hundred and thirty 

dollars 



$510 00 



3,885 00 
270 00 



1,575 00 

705 00 



2,490 00 



1,335 00 
40,065 00 




630 00 




1,005 00 




21,870 00 
735 00 




1,050 00 




690 00 




525 00 




900 00 




585 00 




14,355 00 




1,230 00 




$94,410 00 






Dukes County 





DUKES COUNTY. 






Chilmark . 


Two hundred and fifty-five dollars . 


$255 00 


Edgartown 
Gay Head . 


One thousand four hundred 

fifty-five dollars . 
Fifteen doUars .... 


and 


1,455 00 
15 00 


Gosnold 


One hundred and fifty dollars . 


• 


150 00 


Tisbury 


Six hundred dollars . 


• 


600 00 




$2,475 00 



624 

Essex County, 



1881. — Chapter 294. 



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 






seventy 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, 


(J75 00 


Manchester 


One thousand four hundred and sev- 






enty 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 . 


Foui- 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 



1881. — Chapter 294. 



625 



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 


Saugiis 


One thousand five hundred and 






thirty dollars .... 


1,530 00 


Swampscott 


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 



Essex County. 



FRANKLIN COUNTY. 



Ashfield 


Four hundred and sixty-five dollars . 


$465 00 


Bernardston 


Three hundred and sixty dollars 


360 00 


Buckland . 


Five hundred and twenty-five dollars, 


525 00 


Charlemont 


Three hundred and fifteen dollars . 


315 00 


Coh-ain 


Five hundred and eighty-five dollars. 


585 00 


Conway 


Six hundred and ninety dollars 


690 00 


Deerfield . 
Erving 


One thousand four hundred and twen- 
ty- five dollars .... 
Three hundred dollars 


1,425 00 
300 00 


Gill . 


Four hundred and five dollars . 


405 00 


Greenfield . 
Hawley 


Two thousand six hundred and fifty- 
five dollars ..... 
One hundred and fifty dollars . 


2,655 00 
150 00 


Heath 


One hundred and sixty-five dollars . 


165 00 


Leverett 


Two hundred and eighty-five dollars, 


285 00 


Leyden 


One hundred and ninety-five dollars. 


195 00 


Monroe 


Forty-five dollars .... 


45 00 



Franklin 
County. 



79 



626 



Franklin 
County. 



1881. — Chapter 294. 

F Pt A N K L I X C O U X T Y— Concluded. 



Montague . 
New Salem 
Northfield . 
Orange 
Rowe . 
Shelburne . 
Shutesbury 
Sunderland 
Warwick . 
Wendell 
Whately . 



One thousand seven hundred and 

twenty-five dollars 
Two hundred and eighty-five dollars 

Six hundred and forty-five dollars 

One thousand three hundred and 

thirty-five dollars 
One hundred and fifty dollars . 

Seven hundred and ninety-five 

dollars ..... 
One hundred and fifty dollars . 

Four hundred and five dollars . 

Two hundred and fifty-five dollars 

One hundred and fifty dollars . 

Six hundred and sixty dollars . 



81,725 00 
285 00 

645 00 



1,335 00 
150 00 


795 00 
150 00 


405 00 


255 00 


150 00 


660 00 


815,120 00 



HampdeB 
County. 



H A :M P D E X COUNTY, 



Agawam . 


One thousand and sixty-five dollars, 


$1,065 00 


Blandford . 


Three hundred and forty-five dollars, 


345 00 


Brimfield . 


Four hundred and ninety-five dollars, 


495 00 


Chester 


Four hundred and sixty-five dollars . 


465 00 


Chicopee . 


Four thousand eight hundred and 
forty-five dollars .... 


4,845 00 


Granville . 


Three hundred and sixty dollars 


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 


One thoiisand two hundred and fif- 






teen dollars ..... 


],215 00 


Montgomery 


One hundred and twenty dollars 


120 00 



1881. — Chapter 291. 



627 



HAMPDEN COUNTY— Concluded. 



Hampden 
County. 



Palmer 


One thousand five hundred and sixty 






dollars 


$1,.560 00 


Russell 


Three hundred and forty-five dollars, 


345 00 


Southwick . 


Five hundred and twenty-five dollars, 


525 00 


Springfield . 


Thirty-three thousand and forty-five 






dollars ...... 


33,045 00 


Tolland . 


One hundred and ninety-five dollars, 


195 00 


Wales 


Three hundred and seventy-five dol- 






lars 


375 00 


Westfield . 


Five thousand nine hundred and fifty- 






five dollars 


5,955 00 


West Springfield, 


Two thousand four hundred and 






ninety dollars .... 


2,490 00 


Wilbraham 


Eight hundred and twenty-five dollars, 


825 00 




$64,575 00 



HAMPSHIRE COUNTY. 



Hampshire 
County. 



Amherst . 
Belchertown 


Two thousand one hundred and fif- 
teen dollars 

Nine hundred dollars 


$2,115 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 



628 



Hampshire 
County. 



1881. — Chapter 294. 

HAMPSHIRE COUNTY— Concluded. 



Middlesex 
Couuty. 



Pelham . . One hundi-ed and fifty dollars . 

Plainfield . . One hundred and ninety-five dollars, 

Prescott . . One hundred and sixty-five dollars . 

South Hadley . One thousand five hundred and 

seventy-five dollars 
Southampton . Four hundred and twenty dollars 

Ware . . • One thousand six hundred and five 

I dollars ..... 
Westhampton . Two hmidred and forty dollars 

"Williamsburg . One thousand one hundred and forty 

dollars . 
Worthinsrton . Three hundred dollars 



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 fort}'- 
five dollars ..... 

Two thousand five hundred and 
twenty dollars . . . , 

Eight hundred and forty 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 



$1,080 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 



1881. — Chapter 294. 
MIDDLESEX C O UN T Y — C on tinue 



629 



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 


Groton 


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 dollars, 


7,800 00 


Marlborough 


Two thousand eight hundred and 






twenty dollars .... 


2,820 00 


Maynard . 


One thousand and ninety-five dollars, 


1,095 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 






fifty dollars 


1,950 00 


Sherborn . 


Seven hundred and fifty dollars 


750 00 


Sliirley 


Seven hundred and ninety-five dollars, 


795 00 


Somerville . 


Twenty-three thousand one hundred 






and sixty dollars 


23,160 00 


Stoneham . 


Two thousand five hundred and 






eighty dollars .... 


2,580 00 


Stow . 


Five hundred and eighty-five dollars, 


585 00 


Sudbury . 


Eight hundred and forty dollars 


840 00 



Middlesex 
County. 



630 



Midfllesex 
County. 



1881. — Chapter 294. 

MIDDLESEX COUNTY — Concluded. 



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 . 


Three thousand eight hundred and 




Waltham . 


ten dollars 

Eight thousand two hundred and 


3,810 00 


Watertown 


five dollars ..... 
Six thousand four hundred and 


8,205 00 


Wayland . 


twenty dollars .... 
Nine hundred and thirty dollars 


6,420 00 
930 00 


Westford . 


Nine hundred and thirty dollars 


930 00 


Weston 


One thousand three hundred and 




Wilmington 


eighty dollars .... 
Four hundred and fifty dollars 


1,380 00 
450 00 


Winchester 


Three thousand seven hundred and 




Woburn 


sixty-five dollars .... 
Seven thousand one hundred and 


3,765 00 




twenty-five dollars 


7,125 00 




$238,800 00 



Nantucket 
Couuty. 



Xorfolk County. 



Nantucket . 



NANTUCKET COUNTY. 



One thousand nine hundred and 
ninety-five dollars . . .1 $1,995 00 



NORFOLK COUNTY. 



Bellingham 


Four hundred and fifty dollars 


$450 00 


Braintree . 


Two thousand two hundred and 






fifty dollars 


2,250 00 


Brookline . 


Twenty-three thousand seven hun- 






dred and fifteen dollars 


23,715 00 


Canton 


Two thousand six hundred and ten 






dollars 


2,610 00 


Cohasset . 


One thousand nine hundi'ed and 






twenty dollars .... 


1,920 00 


Dedham . 


Four thousand nine hundred and 






ninety-five dollars 


4,995 00 


Dover 


Three hundred and sixty dollars 


360 00 


Foxborough 


One thousand four hundred and fifty- 






five dollars 


1,455 00 



NO 



1881. — Chapter 294. 

RFOLK COUNTY — CoNCLUD 



E D. 



631 



Xorfolk County. 



Franklin . 


One thousand two hundred and forty- 






five dollars ..... 


$1,245 00 


Holbrook . 


One thousand two hundred and nine- 






ty dollars 


1,290 00 


Hyde Park 


Five thousand two hundred and thir- 






ty-five dollars .... 


5,235 00 


Medfield . 


Eight hundred and forty dollars 


840 00 


Medway 


One thousand five hundred and thir- 






ty dollars 


1,530 00 


Milton 


Six thousand four hundred and 






twenty dollars .... 


6,420 00 


Needham . 


Three thousand six hundred and 






sixty dollars ..... 


3,660 00 


Norfolk 


Four hundred and sixty-five dollars . 


465 00 


Norwood . 


One thousand four hundred and ten 






dollars ...... 


1,410 00 


Quincy 


Five thousand eight hundred and 






fifty dollars 


5,850 00 


Randolph . 


Two thousand and fifty-five dollars . 


2,055 00 


Sharon 


Seven hundred and ninety-five dollars, 


795 00 


Stoughton . 


Two thousand and eighty-five dollars, 


2,085 00 


Walpole 


One thousand two hundred and forty- 






five dollars 


1,245 00 


Weymouth 


Five thousand and seventy dollars . 


5,070 00 


'W'reutham . 


Ninehundred and seventy-five dollars, 


975 00 




177,925 00 



PLYMOUTH COUNTY. 



Abington . 


One thousand four hundred and ten 






dollars ...... 


$1,410 00 


Bridgewater 


Two thousand one hundred and 






forty-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 UO 


Duxbury . 


One thousand one hundred and 






twenty-five dollars 


1,125 00 


E. Bridgewater . 


One thousand one hundi-ed and 






fifty-five dollars .... 


1,155 00 


Halifax 


Two hundred and fifty-five dollars . 


255 00 


Hanover 


Eight hundred and twenty-five dol- 






lars 


825 00 



Plymouth 
County. 



632 



Plymouth 
County. 



1881. — Chapter 294. 

PLYMOUTH COUNTY — Cox CLUDED. 



Suffolk County. 



Hanson 

Hingham 

Hull . 

Kingston 

Lakeville 

Marion 

Marshfield 

Mattapoisett 

Middleborough 

Pembroke . 

Plymouth . 

Plympton . 

Rochester . 

Rockland . 

Scituate 

South Abington , 

South Scituate . 

Wareham . 

W. Bridgewater . 



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 del 

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 
seventy dollars ... 

Nine hundred and thirty dollars 

Nine hundred and seventy-five dol 

lars ..... 
Seven hundred and eighty dollars 



$495 00 



2,925 00 
480 00 



1,395 00 
480 00 

405 00 



825 00 
1,020 00 



2.160 00 
600 00 



3,720 00 
270 00 

420 00 



1,725 00 
1,215 00 

1,170 00 

930 00 



975 00 
780 00 



834,095 00 





SUFFOLK COUNTY. 




Boston 


Six hundred and nineteen thousand 






one hundred and ten dollars . 


$619,110 00 


Chelsea 


Fourteen thousand seven hundred 






and thirty doUars 


14,730 00 


Revere 


One thousand five hundred and sixty 






dollars 


1,560 00 


Winthrop . 


Eight hundred and forty dollars 


840 00 




$636,240 00 



1881. — Chapter 294. 

WORCESTER COUNTY. 



633 



Worcester 
County. 



Ashburnham 

Athol 

Auburn 

Barre . 

Berlin 

Blackstone 

Bolton 

Boylston 

Brookfield . 

Charlton 

Clinton 

Dana . 

Douglas 

Dudley 

Fitchburg . 

Gardner 

Grafton 

Hardwick . 

Harvard 

Holden 

Hubbardston 

Lancaster . 

Leicester . 

Leominster 

Lunenburg 

Mendon 

Milford . 



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 

ninety 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 thirty- 
five dollars ..... 

One thousand seven hundred and 
seventy dollars . . . • 

One thousand six hundred and thirty- 
five dollars ..... 

Nine hundred and fifteen dollars 

Nine hundred and fifteen dollars 

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 .... 



(8945 00 



2,355 00 
495 00 



1,590 00 
420 00 



1,785 00 
465 00 

480 00 



1,185 00 
840 00 


3,705 00 
255 00 


795 


00 


885 


00 


10,635 


00 


1,770 


00 


1,635 00 
915 00 



915 00 



825 00 
735 00 



1,905 00 

1,785 00 

3,225 00 
645 00 

555 00 
4,290 00 



80 



634 



Worcester 
County. 



1881. — Chapter 294. 

W O K C E S T E R C O U N T Y — C o x t i n u e d. 



Millbury . 


Two thousand two hundred and five 






dollars ...... 


$2,205 00 


New Braintree . 


Four hundred and five dollars . 


405 00 


North borough . 


One thousand and sixty-five dollars . 


1,065 00 


Northbridge 


One thousand eight hundred and 






seventy-five dollars 


1,875 00 


North Brookfield, 


One thousand five hundred and 






sixty dollars .... 


1,560 00 


Oakham 


Three hundred dollars 


300 00 


Oxford 


One thousand two hundred and 






ninety dollars .... 


1,290 00 


Paxton 


Two hundred and seventy dollars . 


270 00 


Petersham . 


Five hundred and eighty-five dollars, 


585 00 


Phillipston . 


Two hundred and seventy dollars . 


270 00 


Princeton . 


Seven hundred and sixty-five dollars, 


765 00 


lloyalston . 


Six hundred and thirty dollars 


630 00 


Rutland 


Three hundred and ninety dollars . 


390 00 


Shrewsbury 


Nine hundred and forty-five dollars, 


945 00 


Soiithborough 


One thousand one hundred and fifty- 






five dollars 


1,155 00 


Southbridge 


Two thousand six hundred and 






twenty-five dollars 


2,625 00 


Sx^encer 


Two thousand three hundred and 






ten dollars 


2,310 00 


Sterling 


Nine hundred and sixty dollars 


960 00 


Sturbridge . 


Nine hundred and sixty dollars 


960 00 


Sutton 


One thousand two hundred and 






thirty dollars .... 


1,230 GO 


Templeton . 


One thousand one hundred and ten 






dollars 


1,110 00 


Upton 


Seven hundred and tliiity-five dollars, 
One thousand five hundred and 


735-00 


Uxbridge . 


thirty dollars .... 
One thousand three hundred and 


1,530 00 


Warren 


five dollars ..... 


1,305 00 


Webster 


Two thousand one hundred dollars . 


2,100 00 


Westborough 


Two tliousand and twenty-five dollars. 


2,025 00 


West Boylston . 


Nine hundred and ninety dollars 


990 00 



1881. — Chapter 294. 

WORCESTER COUNTY — Concluded. 



635 



Worcester 
County. 



West Brookfield . 


Seven hundred and twenty dollars . 


1720 00 


Westminster 


Seven hundred and thirty-five dollars, 


735 00 


Winchendon 
Worcester . 


One thousand eight hundred and 
sixty dollars 

Forty-two thousand seven hundred 
and sixty-five dollars . 


1,860 00 
42,765 00 




$123,705 00 



RECAPITULATION. 



Barnstable Co. . 


Fourteen thousand and fifty-five 






dollars 


$14,055 00 


Berkshire Co. 


Thirty-three thousand and sixty 






dollars 


33,060 00 


Bristol Co. 


Niuety-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 hundred and forty-one thousand 






one hundred and 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 






ninety-five dollars 


1,995 00 


Norfolk Co. 


Seventy-seven thousand nine hun- 






dred and twenty-five dollars 


77,925 00 


Plymouth Co. 


Thiity-four thousand and ninety- 






five dollars 


34,095 00 


Suffolk Co. 


Six hundred and thirty-six thousand 






two hundred and forty dollars 


636,240 00 


Worcester Co. . 


One hundred and twenty-three 
thousand seven hundred and five 






dollars 


123,705 00 




$1,500,000 00 



Recapitulation 
by counties. 



Section 2. The treasurer shall forthwith send his war- Treasurer of 

rant, directed to the selectmen or assessors of each city or weaitn™i88ue 

town taxed as aforesaid, requiiing them respectively to warrants, 
assess the sura so charged, according to the provision, of 



636 



1881. — Chapter 295. 



To require 
Belectraen or 
assessors to 
issue warrants 
to city or town 
treasurers. 



To notify the 
treasurers of 
delinquent cities 
and towns. 



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 da}^ of Deceml)er in the 
year one thousand eight hundred and eighty-one, the sums 
set against said cities and towns in the schedule aforesaid ; 
and the selectmen or assessors respectively shall return a 
certificate of the names of such treasurers, with the sum 
which each may be required to collect, to the treasurer of 
the Commonwealth, at some time before the first da}' 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, tlien 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 de- 
linquenc}^ dated on and after the tenth day of Decem- 
beinext; and if the same remains unpaid after tlie first 
day of January next, an information may be filed by the 
treasurer of the Commonwealth in the supreme judicial 
court, or before any justice thereof, against such delin- 
quent city or town ; and upon notice to such city or town 
and a summary hearing thereon, a warrant of distress may 
issue against such city or town to enforce the payment of 
said taxes, under such penalties as said court or the justice 
thereof before whom the hearing is had shall order. 

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

Approved May IS, 1881. 



Chap. 295 



Associate medi- 
cal examiner for 
Suffolk county. 



An Act to amend "an act to provide for an associate 

medical examiner in the county of suffolk." 
Be it enacted, etc., as follows : 

Section one of chapter fifty-nine of the acts of the year 
eighteen hundred and eighty is hereby amended so as to 
read : " The governor may with the advice and consent of 
the council appoint an associate medical examiner 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 power of said medical examiner, and who 



1881. — Chapters 296, 297. 



637 



shall receive an annual salary of five hundred dollars, to Salary 
be paid quarterly by the treasurer of the county of Suf- ''''^^^^'^''^■ 
folk : provided, that said associate medical examiner shall 
not be required to serve for more than one month at the 
request of either medical examiner, and if he should so 
serve more than two months in any one year he shall for 
such service in excess of two months be paid at the same 
rate as the medical examiners, and such compensation 
shall be deducted from the salary of the medical examiner 
in whose stead he serves." Approved May 13, 1S81. 

Ax Act to amexd chapter one hundred and eighty-six of Chap. 296 

THE ACTS OP THE YEAR EIGHTEEN HUNDRED AND EIGHTY RE- 
LATING TO THE REMOVAL OF EXECUTORS, ADMINISTRATORS, 
GUARDIANS AND TRUSTEES. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter one hundred and Removal of 
eighty-six of the acts of the year eighteen hundred and i88o,"i86r§'i.''' 
eighty is hereby amended by inserting after the words 
"provided by law," in said section, the following: " or a 
decree of a single justice of the supreme judicial court on 
appeal affirming such decree or ordering such removal 
when the same has been refused by the probate court." 

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

Approved May 13, 1881. 



An Act to amend "an act for the protection of birds, Chap, 291 
birds' eggs, deer, and game." 

Be it enacted, etc. , as folloios : 

Section 1. Whoever in this Commonwealth takes or Taking of wood- 
kills between the first day of January and the first day of ami'^^Jaiiregu.*' 
August, in any year, any woodcock ; or any ruffed grouse, ^'^''^^• 
commonly called partridge, between the first day of Janu- 
ary and the first day of September in any year ; or any 
quail between the first day of Januaiy and the fifteenth 
day of October in any year, or whoever within the respec- 
tive times aforesaid sells, buys, has in his possession or of- 
fers for sale, any of said birds, whether taken or killed in 
this Commonwealth or elsewhere, shall upon conviction be 
punished by a fine of twenty dollars for each and every 
offence : provided, that any person may buy, sell or have Proviso, 
in his possession, quail and pinnated grouse, commonly 
called prairie chicken, during the months of January, Feb- 
ruary, March and April, if the same are not taken or killed 
contrary to the provisions of this act. 



638 



1881. — Chapter 298. 



Pigeon, tern, 
mackerel gull, 
etc. 



Game not to be 
taken by traps 
and snares. 



Duck and teal. SECTION 2. Whoever in this Commonwealth takes or 
kills any wood or summer duck, black duck, or teal, be- 
tween the first day of April and the first day of Septem- 
ber in any year, or within said time sells, buys, has in his 
possession, or offers for sale, any of said birds, shall upon 
conviction be punished by a fine of twenty dollars for each 
and every such offence. 

Section 3. Whoever in this Commonwealth takes or 
kills upon their breeding grounds, any wild or passenger 
pigeon, or takes, kills or has in his possession any Carolina 
or turtle dove, herring gull, tern, sea SAvallow, or mackerel 
gull, between the first day of Ma}' and the first day of 
August in any year, shall upon conviction be punished by 
a fine of ten dollais for each such offence. 

Section 4. Whoever in this Commonwealth at any sea- 
son of the year takes, kills or destroys any game bird, hare 
or rabbit, by means of traps, snares, nets or springes, or by 
the use of ferrets, or whoever, for the purpose of taking 
or killing any game bird, hare or rabbit, shall construct or 
set any trap, snare, net or springe, or use any ferret, or 
■whoever shoots at or kills any wild foAvl, or any of the so 
called shore, marsh, or beach birds, with or by the use of 
any batter}^ swivel, or pivot gun, or by the use of any 
torch, jack, or artificial light, shall upon conviction be pun- 

Tenaity. ishcd by a fine of twenty dollars for each such offence : 

Proviso. jjrovided, the provisions of this act shall not apply to the 

trapping or snaring of ruffed grouse, commonl}- called par- 
tridge, or hare, or rabbit, by owners of land upon their land, 
or b}' any person or persons authorized by them, between 
the first day of September and the first day of January of 
any year. 

Deer. SECTION 5. Whoever in this Commonwealth between 

the first day of December in any year and the first day of 
November following, takes or kills an}' deer, (except his 
own tame deer kept on his own grounds), shall upon con- 
viction be punished by a fine of one hundi'ed dollars. The 
owner or keeper of any dog found hunting or chasing deer 
within the above specified time, shall be punished by a fine 
of twenty dollars. 

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

Apjjroved May 13, 18S1. 



Chap. 298 ^^ -^"^^ to confium cektain puoceedings in probate coluts. 

Be it evaded, etc., as follows: 
Proceedings SECTION 1. All proceedings in the probate courts here- 

fnvahd'on' '^ tofoi'e luul whicli might be adjudged invalid or void by rea- 



1881. — Chapter 299. 



639 



son of insufficient notice, when tlie notice ordered or issued 
by the judge, register or assistant register has been given, 
are hereb}^ confirmed : provided, that this act shall not affect 
any case now pending in any court, wherein the validity of 
such proceedings is disputed on the ground of insufficient 
notice. 

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

Approved May 13, 1881. 



account of in- 
suflicicnt notice. 



An Act in further addition to an act making appropria- Chap. 299 

TIONS FOR EXPENSES AUTHORIZED THE PRESENT TEAR, AND 
FOR OTHER PURPOSES. 

Be it enacted, etc., as foUoivs: 

Section 1. Tiie sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Commonwealth, 
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 : — 

In the act chapter two hundred and fifteen, relating to 
registers of probate and insolvency in the several counties, 
a sum not exceeding four thousand nine hundred and fifty 
dollars. 

For the support and transportation of outside foundlings, 
a sum not exceeding three thousand dollars, the same to be 
in addition to the amount lieretofore a]:>propriated. 

For the compensation of the doorkeepers, messengers 
and pages of the senate and house of representatives, a 
sum not exceeding four thousand five hundred dollars, the 
same to be in addition to the amount heretofore appro- 
priated. 

In the resolve chapter fifty-two, in favor of the Salem 
normal school, the sum of six thousand dollars. 

In the resolve chapter fifty-three, in favor of Andrew J. 
Waterman, the sum of five hundred dollars. 

In the resolve chapter fifty-five, in favor of the commis- 
sioners on contagious diseases among cattle, the sum of two 
thousand dolhirs. 

In the resolve chapter fifty-nine, in favor of Charles F. 
Folsom, the sum of four hundred dollars. 

In the resolve chapter sixty, in favor of the state pri- 
mary school at ]Monson, the sum of thirteen thousand five 
hundred dollars. 

In the act chapter two hundred and fifty-three, to estab- 
lish the salary of the judge of probate and insolvency for 
the county of Hampden, the sum of two hundred dollars, 
in addition to the amount heretofore appropriated. 



Appropriations. 



Registers of 
probate, etc. 



Transportation 
of foundlinjcs. 



Doorkeepers 
and messengers. 



Salem Normal 
School. 



Andrew J. 
Waterman. 



Contagious dis- 
eases of cattle. 



Charles F. 
Folsom. 



State primary 
school. 



Judge of probate 
for Hampden. 



640 



1881. — Chapter 299. 



Extra clerks of 
auditor and 
treasurer. 



Siipplement to 
the General 
Statutes. 



Small items of 
expenditure. 



Hospital loan 
sinking fund. 



Printine, etc., 
for legislature. 



Public 
documents. 



Provincial 
statutes. 



Expenses of 
committees. 



Clerical assist- 
ance for treas- 
urer. 



Incidental 
expenses. 



Yorktown 
celebration. 



Eye and Ear 
liitirmary. 



Taunton lunatic 
hospital. 



In the act chapter two hundred and fifty-four, establish- 
ing the salaries of the extra clerks in the auditor's and 
treasurer's departments, the sum of two hundred and sixty 
dollars and twenty-eight cents, in addition to the amount 
heretofore appropriated. 

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 small items of expenditure for which no appropria- 
tions have been made, or for which appropriations have 
been exhausted, or have reverted to the treasury in pre- 
vious 3'ears, a sum not exceeding one thousand dollars. 

To make good the deficit of the income of the prison 
and hospital loan sinking fund, in accordance with the 
provisions of section three of chapter three hundred and 
ninety-one of the acts of the year eighteen hundred and 
seventy-four, the sum of one hundred thousand dollars. 

For printing and binding ordered by the senate or house 
of representatives, or by concurrent order of the two 
brandies, the sum of five thousand dollars, in addition to 
the amount heretofore appropriated. 

For printing and binding the public series of documents 
under the direction of the secretary of the Commonwealth, 
the sum of three thousand five hundred dollars, in addition 
to the amount heretofore appropriated. 

For the preparation for [)ublieatioii and the publication 
of the provincial statutes, the sum of one thousand dollars, 
in addition to the amount heretofore appropriated. 

For the authorized expenses of committees of tlie present 
legislature, to include clerical assistance to committees 
authorized to employ the same, the sum of ten thousand 
dollars, in addition to the amount heretofore aj^propriated. 

For additional clerical assistance in the office of the 
treasurer and receiver general, the sum of five hundred 
dollars, in addition to the amount heretofore appropriated. 

For incidental expenses in tlie treasurer's department, 
the sum of two hundred and fifty dollars, in addition to 
the amount heretofore appropriated. 

In the resolve chapter sixty-one, relative to the centen- 
]iial celebration at Yorktown, the sum of ten thousand 
dollars. 

In the resolve chapter sixty-three, in favor of the 
Massachusetts Charitable Eye and Ear Infirmary, the sum 
of five thousand dollars. 

In the resolve chapter sixtj'-four, in favor of the trustees 



1881. — CHArxER 300. 641 

of the state lunatic hospital at Taunton, the sum of twenty- 
five thousand dollars. 

For expenses incurred in connection with medical ex- inciueKts, etc., 
aminations and inquests, in the county of Suffolk, the sum '"'^"^"•'^• 
of eleven hundred and one dollars and forty-six cents. 

In the act chapter two hundred and sixty-four, entitled Board of aicw- 
an act to establish the salary of the clerk of the secretary culture — ck-rk. 
of the board of agriculture, the sum of sixty-three dollars 
and seventy-two cents. 

In the resolve chapter sixty-two, providing for a plan Drainngeof 
for the drainage of the Mystic Valley and the neighborhood ^^^■'*" ^""'^'■ 
of the city of Boston, a sum not exceeding three thousand 
dollars. 

In the resolve chapter sixty-five, in favor of the state state prison. 
prison at Concord, the sum of six thousand dollars. 

In the resolve chapter sixty-eight, providing for certain state house, 
improvements at the state house, the sum of forty-five 
thousand dollars. 

In the act chapter two hundred and seventy-five, defining sergoant-at- 
the duties and fixing the compensation of certain appoint- saUoA oTlp^"' 
ees of the sergeant-at-arms, the sum of five hundred and poimees. 
fifty -seven dollars and fifty-two cents ; the appropriations 
heretofore made for the compensation of engineer, watch- 
men, and firemen at the state house, and janitor and 
fireman at house numbered thirty-three Pemberton Square, 
are hereby made applicable to said expenditures. 

For compensation of experts or other agents, for rent of Railroad 
office and for incidental and contingent expenses of the ''^'^'^i^^'^^^'-^- 
railroad commissioners, the sum of five hundred dollars, in 
addition to the amount heretofore appropriated. 

For the compensation and travelling expenses of the Harborandiand 
harbor and land commissioners, the sum of one thousand commissioners. 
five hundred dollars, in addition to the amount heretofoie 
appropriated. 

In the act chapter two hundred and eighty-six, to District 
establish the salaries of district attorneys, the sum of one '*""™''y^- 
thousand three hundred dollars. 

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

Apx>roved May 13, 1881. 



Chap. 300 



An Act relatino to the empanelling of juries in the 

county of suffolk. 
Be it enacted, etc., as follotos : 

Section 1. On the day when the jurors are summoned Empanelling of 
to attend at any court, in the county of Suffolk, the clerk iou^Vof^^^ 
of such court shall write or cause to be written on ser)arate suiioik. 
81 



642 



1881. — Chapter 301. 



Proviso. 



In civil and 
criminal cases. 

Provisions of 
(i. S. 132, §§ 
23-26 not 10 
apply. 



Chap.Wl 



Owncrf of 
mtKidow lands 
in Dennis incor- 
porated. 



cards or papers, the name of each man summoned, with 
his place of abode and occupation. All of said cards or 
papers shall be as nearly as may be of the same size, and 
the said clerk shall see that they are put together in a box 
provided for that purpose. When each case is brought on 
to be tried, the clerk in open court shall first shake the 
cards or papers thoroughly together, and shall then draw 
out twelve cards or papers, one after the other. If any of 
the men whose names are so drawn do not appear, or are 
excused or set aside, then the clerk shall draw out other 
cards or papers until the names of twelve men are drawn 
who do appear and who are not excused or set aside. The 
said twelve men having been sworn, as now required by 
law, and empanelled, shall be the jury to try the issue, and 
the foreman thereof shall be appointed by the court. The 
names of the men so drawn and sworn shall be kept apart 
b}'- themselves until such jury have given in their verdict 
and the same has been recorded, or until such jury are dis- 
charged by consent of parties or by leave of the court. 
The names of the jurors shall then be returned to the box, 
there to be kept with the other names remaining at that 
time undrawn ; and this process of empanelling of jurors 
shall be repeated so long as any issues remain to be tried : 
provided, altvays, if any issue shall be brought on to be 
tried in any of said courts before the jury in any other 
case shall have brouglit in their verdict or been discharged, 
it shall be lawful for the court to order twelve of the resi- 
due of said cards or papers, not containing the names of 
any of the jurors who shall not have so brought in their 
verdict or been discharged, to be drawn in the manner 
aforesaid for the trial of the issue which shall be so brought 
on to be tried. 

Section 2. The foregoing provisions shall apply to the 
empanelling of jurors in criminal as well as civil cases. 

Section 3. Nothing contained in sections twenty- 
three, twenty-four, twenty-five and twenty-six of chapter 
one hundred and thirty-two of the General Statutes shall 
apply to the empanelling of juries in the county of Suffolk. 

Approved May lii, 18S1. 

An Act to incouporatk tue sesuet cuanberry" company. 
Be it enacted, etc, as follows: 

Section 1. The owners of the meadow lands lying on 
each side of Sesuet Creek in the town of Dennis and 
county of Barnstable, bounded upon the east side by the 
public roadway, and on all other sides by the uplands, are 



1881. — Chapter 301, 



643 



hereby made a corporation by the name of the Sesuet 
Cranbevr}^ Company, with power to erect and maintain 
tide crates for the purpose of excluding the tide watei', and 
to dike, drain, flow and improve said meadows from time 
to time for the purpose of raising cranberries, and for other 
agricultural purposes, with power to sue and be sued in 
its corporate name, and with all other powers and privi- 
leges, and subject to the duties, restrictions and liabilities, 
set forth iu the general laws which now aie or hereafter 
may be in force relating to such corporations, unless other- 
wise especially provided by this act. 

Section 2. Any justice of the peace, upon application 
in writing from five or more of said owners, shall issue his 
warrant to one of the owners aforesaid requiriiig 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 Den- 
nis, 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 and col- 
lector, who shall 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. Said corporation shall i)rovide, for the pas- 
sage of the fish of the Flax Pond Fishing Company, a 
fish way to be constructed and regulated as the commission- 
ers of inland fisheries may direct. 

Section 4. All damages sustained by individuals or 
other corporations, in consequence of carrying into effect 
the purposes of this corporation, shall be ascertained, 
determined and recovered in the same manner as is now 
provided in oases where land is taken for highways. 

Section 5. In addition to the powers alread}^ granted, 
said corporation shall have power to remove all natural 
and all illegal obstructions in said Sesuet Creek whereby 
the drainage of their said meadow lands is obstructed and 
prevented, and to vote and raise money 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 by him, and 
the benefits likely to be received, and any owner who is 
aggrieved by the amount of tax levied on his land may, at 



Powers and 
duties. 



Notice for call 
of first meeting 
of owners. 



May adopt by- 
laws and choose 
officers. 



Passaqre of fish 
to be provided 
for. 



Daitiages. 



May remove 
obstructions in 
Sesuet Creek. 



Assessments 
upon proxjrie- 
tors. 



(5U 1881. — Chapter 302. 

any time M'ithin thirty clays after said assessment, appeal 
to the county commissioners of the count}' of Barnstable, 
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 act ; and 
if any owner shall refuse or neglect to pay the sum or 
sums assessed upon him as aforesaid, for sixty days after 
demand thereof, so much of his said land may he sold as 
will be sufficient to pay the same together with the costs, 
in the same way and manner as non-resident owners' lands 
in this Commonwealth are sold to pay town taxes ; but 
nothing herein contained shall authorize arrest of the per- 
son or the sale of any j>roperty except said meadow lands. 
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 
Proviso. to be raised for other purposes under this section : provided, 

that this act shall not take effect until the owners of two- 
thirds of all the meadow lands included herein shall have 
expressed in writiiig their acceptance of this act, which ac- 
ceptance, togetlier with the oath of at least three of said 
owners that in their belief the owners of two-thirds of all 
of said meadow lands have signed said acceptance, shall be 
filed in the office of the secretary of state, and the certifi- 
cate of said secretary that such alleged acceptance has 
been so filed shall he prima facie evidence of such accept- 
ance. 

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

Approved May 13, 1S81. 

[Accepted May 27, 18S1.] 

Chaj). 302 An Act relating to the transfer of stock in corporations. 

Be it enacted^ etc., as follows : 
'j'ransfer of SECTION 1. No salc, assignment, or transfer of stock 

ativc^ ri'i'iitH of in any corporation shall affect the right of any corporation 
"!.';"''v",!f.'iir^i'' to pay any dividend due upon said stock, or asfainst the 
coiporniion to title Or ri<>hts of any attaching creditor, until it is recorded 

pay dividend. , i 'i i f j i "^ j • ,•,• 

upon the books ot the corporation, or a new certificate is 
issued to the person to whom it has been transferred : 
provided, that no attachment of said stock as the property 
of the vendor made after such sale, assignment, or tiansfor 
shall defeat the title or affect the rights of the vendee if 
such record is made or a new certificate issued within ten 
days after such transfer is made. 

Section 2. This act shall take eff'ect ujjon its passage. 

^Ijjjn'oved May 13, 1881. 



1881. — Chapter 308. 645 

An Act to require the city of boston to abate a nuisance in Chap. 303 

AITSTIC LOWER POND, FOR PROTECTING THE PUKITY OF THE 

WATERS OF SAID POND, AND FOR THE PRESERVATION OF THE 

PUBLIC HEALTH, ESPECIALLY IN THE TOWNS OF MEDFORD AND 
ARLINGTON. 

Be it enacted, etc., as follows : 

Section 1. The city of Boston is hereby directed to city of Boston 
cease emptying sewage, or waters, or substances contain- i,°gsewase'iino" 
ing polluting matter or properties, into Mystic Lower pjj^^^'*^ ^°^^'^'' 
Pond, through its sewer constructed under chapter two 
hundred and two of the acts of eighteen hundred and 
seventy-five, or otherwise, and is hereby also directed to 
take up and remove so much of said sewer as extends into 
said pond, and also that part thereof between said pond 
and a point on the line of said sewer at least two hundred 
feet from said pond, within three months from the passage 
of this act, and thereafter no person or persons, no muni- 
cipal nor other corporation or corporations, shall discharge 
or divert into said pond any sewage or offensive matter, 
waters or substances containing such properties or of such 
quality as shall of themselves or in connection with other 
matter create a nuisance in said Mystic Lower Pond, or 
endanger the public health ; but nothing herein shall be 
construed to prohibit the city of Boston from discharging 
such water as shall be collected in its said sewer into said 
Mystic Lower Pond after said city shall have purified, 
cleansed and freed the said waters from all offensive, 
contaminating, noxious and polluting properties and sub- 
stances, so that said waters shall not of themselves, or in 
connection with other matter, create a nuisance therein or 
endanger the public health : provided, that said waters so Provieo. 
purified shall flow for a distance of at least two hundred 
feet immediately before their entrance into said pond in 
an open drain over a gravelly or sandy bottom. 

Section 2. The city of Boston is hereby directed to To cause pond 
cause said Mystic Lower Pond to be cleansed of such **» ^"^ '='«*"*'^'^- 
impurities prejudicial to the public health as, in the judg- 
ment of the state board of health, lunacy and charity, it 
shall have caused, and at such time and in such manner 
and extent as shall be approved by the state board of 
health, lunacy and charity, and said city shall pay the 
expense incurred thereby; and should the said board deem 
the same to be necessary, and so decide, the city of Boston 
may erect a dam at the outlet of the lower Mystic Pond, 
and may exclude tide water from said pond, and may raise 
the height of the water in said pond, and may take land 



64:6 



1881. — Chapter 304. 



Damages. 



May take lands 
ill Woburn aud 
^ViIlcLeBlel•. 



Compensation 
to owners. 



May raise 
money neces- 
sary for pur- 
pose. 



Limitations. 
1875, 202, § 12. 



Jurisdiction in 
equity of 8. J. C. 



therefor; and an}'' person suffering any damage shall have 
the right to have damages assessed therefor, as provided 
in section three of this act. 

Section 3. The city of Boston is hereby authorized 
to take and hold, for the time necessary to carry out tlie 
provisions of this act, such lands in the towns of Woburn 
or Winchester, on or near the line of said sewer, as it shall 
deem necessary, and ma}' construct such canals, basins, 
tanks, passageways and works as may bie necessary to 
enable said city to treat said sewage and waters, in order 
to free the said waters of all noxious, dangerous and offen- 
sive matter and properties. Said city shall make compen- 
sation to the owners for such lands as it shall take under 
this act, and if said city and said owners do not agree 
any person aggrieved shall be entitled to have his damages 
ascertained by a jury upon petition to the county commis- 
sioners of Middlesex county, the proceedings upon wliich 
shall be like those provided for the recovery of damages 
in the taking of lands for highways. 

Section 4. Said city of Boston is hereby authorized 
to raise and appropriate, in such manner as its city govern- 
ment shall determine, such sums of money as shall be 
incurred by said city in carrying out the provisions of 
this act. 

Section 5. This act shall be subject to the same 
limitations expressed in section twelve of chapter two 
hundred and two of the acts of the year eighteen hundred 
and seventy-five. 

Section 6. The supreme judicial court, or any justice 
thereof, in term time or vacation, sitting in equity for 
either of the counties of Suffolk or Middlesex, shall have 
jurisdiction in equity to enforce the provisions of this act 
by injunction or by any other appropriate equitable 
remedy, on complaint of the selectmen of either of the 
towns of Medford or Arlington. 

Section 7. This act shall take eff'ect upon its passage. 

Approved May 13, IS81. 



Chap. 304 An Act relieving property from double taxation in certain 

CASES. 

Be it enacted, etc., as follows: 

Section 1. When any person has an interest in taxa- 
ble real estate as holder of a mortgage, given to secure 
the payment of money, the amount of which is fixed and 
certain, and which has been duly recorded, the amount of 
said person's interest as mortgagee shall be assessed as real 



AsecsFment of 
taxes upon 
niortgiiged real 
estate. 



1881. — Chapter 304. 



647 



estate in the city or town where the land lies, and the 
mortgagor shall be asessed only for the value of said real 
estate after deducting the mortgagee's interests therein 
which have been taxed as herein provided. When mort- 
gaged property is situated in different cities and towns the 
amount of the mortgagee's interest to be assessed in each 
city or town shall be proportioned to the assessed value 
in the respective cities and towns of the real estate mort- 
gaged, deducting therefrom the taxable amount of prior 
mortgages if any on such real estate. 

Section 2. If any mortgagee, or holder of such mort- 
gage, shall fail to file in the assessors' office a statement 
under oath of all his estate liable to taxation hereunder 
including the full amount remaining unpaid upon said 
mortgage, and his interest therein, the amount stated in 
the mortgage deed shall be conclusive as to the extent of 
such interest: provided., hoivever., that nothing herein shall 
be construed to allow the taxing of mortgagees' interests 
in such real estate to a greater extent than the whole 
assessed value of the land and structures thereon or 
affixed thereto, or to require the amount of a mortgage 
interest upon an estate that has been divided subsequently 
to the creation of such mortgage to be apportioned upon 
the several parts thereof, except in the manner provided 
by chapter one hundred and eighty-two of the acts of the 
year one thousand eight hundred and seventy-eight. 

Section 3. Mortgagors and mortgagees herein before 
referred to shall, for the purposes of taxation, be deemed 
joint owners until the mortgagee takes possession. And 
until such possession is taken by a first mortgagee, the 
assessors or the collector of taxes in any city or town shall, 
upon application to any one of them, give to any mort- 
gagee or mortgagor of an estate a tax bill therefor that 
shall show the whole tax thereon, and the amount in such 
estate included in the valuation thereof as the interest of 
each mortgagee and mortgagor respectively. If the first 
mortgagee is in possession, he shall be deemed sole owner ; 
and any other mortgagee in possession shall be deemed 
joint owner with prior mortgagees. For the purposes of 
assessing and collecting taxes, the persons appearing of 
record as owners of real estate shall be held to be the true 
owners thereof. 

Section 4. All taxes assessed as herein provided shall 
constitute a lien upon the land and structures thereon or 
affixed thereto, and the provisions of law relating to the 
collection of taxes upon real estate and redemption of tax 



Amount to be 
taxed to mort- 
gagee. 



Proviso. 



Afortgagors and 
mortgagees to 
be deemed joint 
owners of estate. 



Persons appear- 
ing of record as 
owners to be 
beld as true 
owners. 



Taxes to consti- 
tute a lien upon 
land and struc- 
tures. 



648 



1881. — Chapter 30-4. 



Pro\n80. 



Either party 
miij' pay taxes 
remaining un- 
paid on first 
day of January. 



Proviso. 



Loans on mort- 
gage of real 
estate, not In- 
eluded in debts 
due to or from 
persons to be 
taxed. 



Taxes Invalid 
for irregularity 
may be re- 
asBessed. 



titles shall apply to taxes so assessed. Every sale or tak- 
ing of real estate for unpaid taxes shall be deemed to be 
in the name of the owner or owners thereof, if the pro- 
ceedings of assessment, sale, or taking shall be made in the 
name of one or more of the persons who appear as record 
owners of such estate at the date of assessment: provided, 
however, that any taking of an estate for unpaid taxes shall 
be for the whole estate, and no sale or taking shall be for 
the undivided interest of any one or more of the joint 
owners thereof. 

Section 5. If any part of the taxes duly assessed upon 
real estate under the provisions of this act shall remain un- 
paid on the first day of January next ensuing after the 
same has been assessed, either party may pay the same ; 
and, if paid by any mortgagee, the mortgagee so paying 
may take from the collector of taxes a certificate such as 
is mentioned in section thirty-eight of chapter twelve of 
the General Statutes, to be recorded as therein provided, 
with a note of reference from such record to the mortgage 
deed: and such sums so paid for taxes other than tliose 
assessed to himself, with costs and interest, shall be added 
to and constitute a part of the principal sum of the mort- 
gage ; and in such case tlie recording such certificate as 
herein provided within thirty days from its date shall be 
notice to all persons of the payment of such sums and the 
lien upon the estate therefor. When taxes so assessed to 
an}'^ mortgagee have been paid by the mortgagor, or those 
claiming under him, to either the collector, or any mort- 
gagee paying the same as herein provided, he shall have 
the right to deduct the sum so paid with the costs and in- 
terest thereon, from the amount due the mortgagee to 
whom said taxes were assessed, unless the parties have 
agreed otherwise in writing : provided, that any person 
whose tax shall have been so paid by another shall have 
the same rights in regard to recovering back taxes illegally 
assessed that he would have had if the tax had been paid 
under a protest by him in writing. 

Section 6. Loans on mortgage of real estate, taxable 
as real estate, as herein provided, shall not be included for 
the purposes of taxation in debts due to or from persons 
to be taxed : provided, however, that this provision shall not 
apply to the excess of any such loan or loans above the 
assessed value of the mortgaged real estate. 

Section 7. All taxes on real estate that are invalid for 
irregularity may be re-assessed, and no alienation of such 
real estate shall defeat such re-assessment if made within 



1881. — Chapter 305. 



649 



two years after the tax first assessed was committed to the 
.collector. 

Section 8. Savings banks and institutions for savings, 
including the Massachusetts Hospital Life Insurance Com- 
pany, shall not be required to pay to the treasurer of the 
Commonwealth taxes upon such portion of their deposits 
as is invested in loans secured by mortgages of taxable 
real estate. 

Section 9. Savings banks and institutions for savings 
shall not be required to pay to the treasurer of the Com- 
monwealth taxes upon such portion of their deposits as 
are invested in real estate used for banking purposes. So 
much of chapter two hundred and twenty-four of the acts 
of the year eighteen hundred and sixty-two and of chapter 
three hundred and fifteen of the acts of the year eighteen 
hundred and sixty-eight, and all other acts or parts of acts 
as are inconsistent with this and the preceding section are 
hereby repealed. 

Section 10. The first seven sections of this act shall 
take effect upon the passage hereof; and the eighth and 
ninth sections shall take effect on the first day of May in 
the year eighteen hundred and eighty-two : provided^ hoiu- 
ever, that the franchise tax on the average amount of de- 
posits in said savings banks and institutions for savings 
during the six months preceding the first day of May in 
the year eighteen liundred and eighty-two shall be assessed 
and paid in the manner required by laws now in force. 

Ax)proved^Iay 13^ 18S1. 

An Act relating to the taxation of deposits in savings 

BANKS. 

Be it enacted^ etc., as folloivs : 

Section 1. Chapter three hundred and fifteen of the 
acts of the year eighteen hundred and sixty-eight is here- 
by amended by striking out in the fifth line thereof the 
words " three-quarters," and inserting therein the words 
" one-half." 

Section 2. Section twelve of chapter three hundred 
and fifteen of the acts of the year eighteen hundred and 
seventy-three is hereby amended so that the amount of the 
deduction from the tax payable by any savings bank or 
institution for savings shall not, in any year, exceed the 
amount of the tax assessed on account of that portion of its 
deposits invested in shares in banks or banking associations. 

Section 3. This act shall take effect upon the first day 
of January eighteen hundred and eighty-two. 

g^ Aijproved May 13, 18S1. 



Savings banks, 
etc., not to pay 
taxes on loans 
secured by 
mortgage. 



Not to pay taxes 
on real estate 
used for hanking 
purposes. 



First seven sec- 
tions take ettect 
upon pas.sage ; 
and eighth and 
ninth -sections 
lake effect May 
1, 1882. 



Chap. 305 



Tax of one-half 
of one per cent 
on deposits. 



Amount of de- 
duction not to 
exceed tax on 
investments ia 
shares in banks. 



To take effect 
Jan. 1, 1882. 



650 



1881. — Chapters 1, 2, 3, 4. 



RESOLVES, 

GENEEAL AI^D SPECIAL. 



Chap. 1 



Acts done as 
justice of the 
peace, con- 
flrined. 



Resolve to coxfirm the acts done by xathax morse as a 

JUSTICE of the peace. 

liesolved, That all acts done by Nathan ^lorse as a jus- 
tice of the peace within and for the county of Suffolk, 
between the fii'st day of August eighteen hundred and 
seventy-eight, and the first day of Januar}^ eighteen hun- 
dred and eighty-one, are hereby made valid and confirmed 
to the same extent as though he had been during that 
time qualified to discharge the duties of said ofiice. 

Approved February 8^ 188] . 



Chap. 2 Resolve to 



Testimonials 
may be re-issued 
tti soldiers and 
sailors. 



provide for the re-issue of testimonials to 
soldiers and sailors. 

Resolved^ That the adjutant-general, under the resolve 
chapter fifty-thjee of the resolves of the year eighteen 
hundred and sixty-nine, to provide for testimonials to 
soldiers and sailors, be authorized to make re-issue of such 
testimonials in cases of loss or destruction of the same, 
provided reasonable evidence of such loss or destructit)n 
is presented to the adjutant-general by the applicant for 
re-issue. Ap)proved February .9, ISSl. 

Resolve in favor of john McGrath. 
Resolved^ That there be allowed and paid out of the 
treasury of the Commonwealth to the overseers of tlie 
poor of the town of Framingham, for the benefit of John 
JNIcGrath, the sum of one hundred dollars annually lor 
five years, should he so long survive. 

Approved February 16^ 2881. 

Chap. 4 Resolve in favor of ebenezer gay. 

EbenezerUay. Rcsolvcd., Tluit thcrc bc allowcd aiul paid out of the 
treasury of the Commonwealth to Ebenezer Gay, the sum 



Chap. 3 

John McGratb. 



1881. — Chapters 5, 6, 7, 8. 



651 



of one liiindred and fifty-one dollars and sixty-seven cents, 
for clerical services rendered in Suffolk registry of Pro- 
bate, between March first and April twenty-fourth, in the 
year one thousand eight hundred and seventy-nine. 

Approved February 16, 1S81. 

Resolve in favor op the boston beef packing company. Chap. 5 

Resolved., That the board of appeal under chapter two Boston Beef 
hundred and eighty- three of the acts of the year eighteen company. 
hundred and sixty-five, may allow an abatement to the 
Boston Beef Packing Company, on account of real estate 
and machinery belonging 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 February 16, 1881. 

Resolve relating to certain repairs at the state prison Chap. 6 
AT concord. 

Resolved, That there be allowed and paid out of the Repairs at state 
treasury of the Commonwealth the smn of two thousand p*"'®""- 
dollars, to be expended under the direction of the com- 
missioners of prisons for expenses and repairs made neces- 
sary by the burning of a portion of one of the workshops 
belonging to said prison, on the eighteenth of January in 
the year eighteen hundred and eighty-one. 

Approved February 16, 1881. 

Resolve authorizing the treasurer to borrow money in Chap. 7 
anticipation of the revenue. 

Resolved, Tliat the treasurer and receiver-general be and Treasurer may 
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 payinent of the 
ordinary demands on the treasury, at any time before 
the expiration of fifteen days after the meeting of the 
next General Court, at such rates of interest as shall be 
found necessary ; and that he repay any 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 February 18, 1881. 



borrow money 
in anticipation 
of tiie revenue. 



Resolve in favor of the nantucket agricultural society. Chap. 8 

Resolved, That there be allowed and paid out of the Nantucket 

treasury of the Commonwealth to the Nantucket Agricul- sodety.'"'^* 
tural Society, the sum of six hundred dollars, it being the 



652 



1881. — Chapters 9, 10, 11. 12. 



amount of 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. 

Apjn-oved February 23, 18S1. 

Chap. 9 Resolve relative to the distribution of certain documents. 

Reports and ■ Ilesolved, That all reports, documents and other publi- 

reii-asedfrom catious, which are now on sale under the direction of the 

*''''^- secretary of the Commonwealth, except the volumes of 

special and provincial laws, be released from the conditions 

of sale, and placed in his hands for general distribution. 

Approved February 23, 1881. 

Chap. 10 Resolve in favor of the Middlesex agricultural society. 

Middlesex Resolvcd, That there be allowed and paid out of the 

So^cVety!""' treasury of the Commonwealth to the Middlesex Agricul- 
tural Society, the sum of six hundred dollars, it being the 
amount of liounty it would have been entitled to receive 
had it made its annual return on the tenth of January in 
the year eighteen hundred and eiglity. 

Approved February 23^ 1881. 



Chap. U 



Isadora F. 
Lincoln. 



Resolve in favor of Isadora f. Lincoln. 

Resolved, That on and after the first day of January in 
the year eighteen hundred and eighty-one, Isadora F. Lin- 
coln, widow of Benjamin C. Lincoln, a member of Com- 
pany G, thirty-ninth regiment of Alassachusetts volunteers, 
and afterwards capt.ain of the second United States colored 
troops, shall be entitled to receive the same amount of 
state aid she would have been entitled to, had her hus- 
band, when killed in action, Ijeen serving in the regiment 
in which he originally enlisted. 

Approved February 23, 1881. 

Chap. 12 Resolve in favor of the crosby steam gauge and valve 

COMPANY. 

Crosby Steam Resolved, That the Board of Appeal, established by sec- 

Vaivtc'ompany. tioii thirteen of chapter two hundred and eighty-three of 
the acts of the year eighteen hundred and sixty-five, may 
allow an abatement to the Crosby Steam Gauge and Valve 
Company, on account of any machinery belonging to said 
company which was locally taxed to it for the year eighteen 
hundred and eighty, and was not allowed in that year. 

Approved March 2, 1881. 



1881. — Chapters 13, U, 15, 16. 



653 



Resolve in favor of john william Robert sawin. Chap. 13 

Resolved, That there be allowed and paid out of the John AViiiiam 
treasury of the Commonwealth, to the guardian and for 
the benefit of Jolni William Robert Sawin, son of John P. 
Sawin, deceased, an annuity of two hundred dollars for 
the term of two years and six months from the first day of 
July in the year eighteen hundred and eighty, payable in 
equal quarter-yearly instalments, it being the balance of 
the annuity allowed the said John P. Sawin in the resolve 
chapter ten of the year eighteen hundred and seventy-eight. 

Approved March 5, 1S81. 

Resolve in favor of the widow of Alexander hyde. Chap. 14 

Resolved., That there be allowed and paid to the widow widow of 
of Alexander Hyde, late a member of the House, the sum iiydeT^" 
of five hundred and thirty-two dollars and twenty cents, 
being the amount of salary and mileage to which he would 
have been entitled had he lived to the close of the present 
session. Approved March 5, 1881. 

Resolve authorizing the issue of arms to the state normal Chap. 15 
school at bridgewater. 

Resolved., That the governor be and he is hereby author- 
ized to issue to the principal of the State Normal School 
at Bridgewater, such arms and accoutrements, for the use 
of the students in said school, as in his judgment may be 
distributed without detriment to the militia service : pro- 
vided., that the principal shall be held responsible for the 
return of said arms and accoutrements in good order and 
condition, whenever the governor shall so direct. 

Approved March 8, 1881. 

Resolve in favor of Josephine a. vtyatt. Chap. 16 

Resolved., That the commissioners of state aid be and are Josephine a. 
hereby authorized to investigate the matter of the petition aiiowed'iuie^ 
of Josephine A. Wyatt, for an allowance of state aid from ''''^* 
February sixth to November first in the year eighteen hun- 
dred and eighty, and to allow her such sum, not exceed- 
ing thirty-five dollars, as they may find she might have 
received between the dates herein named, if being other- 
wise qualified under the law her application for state aid 
had not been rejected by the selectmen of the town of 
Mediord. Approved March 8, 1881. 



Arms may be 
issued to Nor- 
mal School at 
Bridgewater. 



654: 



1881. — Chapters 17, 18, 19, 20. 



Chap. 17 

Annuity to Jane 
Parks. 



Chcq). 18 

State library. 



Chaj). 19 



Camp equipage 
may be loaned 
to posts of the 
Grand Army of 
the Republic. 



Chap. 20 



State arsenal at 
Cambridge may 
be sold. 



Resolve in favor of jane parks. 

Hesolved, That there shall be allowed and paid out of 
the treasury of the Couimon wealth to Jane Parks of Cam- 
bridfje, widow of the late James Parks, the sum of two 

... . 

hundred dollars ; and in addition thereto, during the period 
of three years from the first day of January eighteen hun- 
dred and eighty-one, should she so long survive, in equal 
quarterly payments, an annuity of two hundred dollars 
per annum. Approved March 8, 1881. 

Resolve in favok of tue state libuary. 

Itesolved, That a sum not exceeding one thousand dol- 
lars be allowed and paid out of the treasury, to defray the 
expense of the purchase of English law reports and session 
laws of the different states, which are needed to perfect 
the sets in the state library : the amount to be expended 
under the direction of the trustees and librarian. 

Approved March 9, 1881. 

Resolve authorizing the loan of the military camp equi- 
page OF THE STATE TO POSTS OF THE GRAND ARMY OF THE 

republic. 

Mesolved, That the quartermaster-general, under the di- 
rection of the commander-in-chief, be and he is liereby 
authorized to loan the military camp equijjage belonging 
to the state to any state encampment of posts of the Grand 
Army of the Republic in this Commonwealth, when it can 
be done without interfering with the use of said equipage b}'' 
the militia : provided, that a bond, with sufficient sureties 
in double the value of the equij)age, shall be given in every 
case for its return without loss or damage, and that the 
Commonwealth shall be subject to no expense on account 
of any such loan. Approved March 16, 1881. 

Resolve to authorize the sale of the state arsenal at 
cambridge. 

liesolved. That the g )vernor and council are hereby au- 
thorized to sell by public auction or otherwise, the land 
situated in Cambridge belonging to the Commonwealth, 
with all the buildings thereon, and known as the state 
arsenal property. The proceeds of said sale less the ex- 
penses thereof shall be paid into the treasury, and shall be 
added to and constitute a part of the prison and hospital 
loan sinking fund. Chapter twenty-nine of the Resolves 
of the year eighteen hundred and seventy-two is hereby 
repealed. Approved March 10, 18S1. 



1881. — Chapters 21, 22. 



6o5 



Chap. 21 



Special laws to 
be cu Hated and 
publi.sbed. 



Distribution of 
volumes. 



Resolves providing for the publication of certain special 

LAWS. 

Resolved, That the special acts of this Commonwealth, 
passed from the year one thousand eight hundred and 
seventy-six, to the year one thousand eight hundred and 
eighty-one, inclusive, be collated and published under the 
direction of the secretary of the Commonwealth, in a vol- 
ume as nearly as may be in conformity with the manner 
and size of the volume of special laws last printed. 

Resolved, That fifteen hundred copies of the volume 
aforesaid shall be printed and shall be distributed as fol- 
lows : one hundred copies for the use of the various state 
offices and committee-rooms, and for the two houses of 
the Legislature ; one copy to each member of the present 
General Court ; one copy to each of the judges of the 
supreme judicial and superior courts and each judge of 
probate and insolvency ; two hundred copies for the state 
library, six copies to be preserved upon the shelves, and 
the residue to be used in exchanges ; one copy to each 
city and town in the Commonwealth, to be placed in the 
cit}'^ or town library, when such library exists therein ; one 
cop}' to each public and incorporated library in the Com- 
monwealth, other tlian a city or town library ; one cop}^ to 
each registry of deeds ; one copy to the clerk of the courts 
in each county ; fifty copies to be retained in the office of 
the secretary of the Commonwealth ; and the remaining 
copies to be disposed of by the secretary of the Common- 
wealth to individual purchasers at cost, the money received 
therefor to be paid into the treasury of the Commonwealth : 
provided, that no copies shall be sold for the purposes of 
re-sale. And the secretar}^ shall cause to be pasted on the 
inside of the cover of each copy delivered by him to any 
public officer for the use of his office, a paper describing 
said fact, and that such copy is to be transmitted by the 
present incumbent, at the expiration of his term of office, 
to his successor in such office. 

Approved March 17, 18 SI. 

Resolves for the appointment of commissioners to estab- Chap. 22 

LISH THE boundary LINE BETWEEN THE TOWNS OF CHILMARK 
AND TISBURT. 

Resolved, That tliree commissioners, no one of whom commissioners 
shall be a resident of Dukes County, be appointed by the boundary une 
governor, by and with the advice and consent of the coun- between chii- 
cil, whose duty it shall be, after having duly notified the Tisbury. 
clerks of the towns of Chilmark and Tisbury of the time 



No copies to be 
sold for pur- 
poses of re-sale. 



656 



1881. — Chapters 23, 24, 25. 



Costs of com- 
mission. 



Draws in 
■bridges to be 
reported upon. 



and place appointed for liearing the parties interested, to 
establish the boundary line between the towns aforesaid, 
and duly report the same. And should it appear to the 
said commissioners, after duly hearing and considering the 
evidence offered by the parties interested, that the exact 
location of the boundary line between the towns aforesaid 
cannot be determined, then they shall be empowered to 
fix such boundaries for the two towns as will best insure 
the rights of each in the territory now in dispute. 

Jiesolved, That the said towns of Chilmark and Tisbury 
shall be required to pay each one-half the costs of said 
commission. Approved March 18, 1881. 

Chap. 23 Kesolve in relation to the draws in the bridges across 

MERRIMACK RIVER, BELOW HAVERHILL. 

Resolved, That the petition of J. Frank Tilton and others, 
that the draws in the bridges across the Merrimack Kiver 
below Haverhill may be widened, be referred to the board 
of harbor and land commissioners with instructions to in- 
vestigate the subject and report their conclusions to the 
next General Court. Approved March 18, 1881. 

Chew. 24 Resolve providing for the construction of a tenement house 

AT THE STATE PRISON. 

Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth a sum not exceeding four 
thousand five hundred dollars, to be expended under the 
direction of the commissioners of prisons for the construc- 
tion of a double tenement dwelling house at the state 
prison at Concord, one tenement of which shall be rented 
to the chaplain of said prison, and the other tenement to 
some other officer thereof; or if, in the opinion of said 
connnissioners, it shall be deemed desirable to build a 
single house for the use of said chaplain, instead of said 
double house, they may expend therefor a sum not exceed- 
ing three thousand dollars. Approved March 22, 1881. 

Chap. 25 Resolve in relation to the connection of railroads with 

DOCKS. 

Resolved, That so much of the last annual report of the 
harbor and land commissioners as relates to the connection 
of railroads with docks be referred to a commission to con- 
sist of the harbor and land commissioners and the railroad 
commissioners, with instructions to ciuisider the sid)jeet 
and report their conclusions to the next General Court. 

xipprvced March 22, 1881. 



Tenement house 
at state prison. 



Connection of 
railroads with 
docks. 



1881. — Chapters 26, 27. 



657 



Resolve granting county taxes. Chap. 26 

Resolved^ That the sums phiced against the names of the county taxes 
several counties in the following schedule are granted as a county'! '^"'^^ 
tax for each county, respectively, to be collected and applied 
according to law : — 

Barnstable. Eighteen thousand dollars. 

Berkshire. Sixty-five 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 sixteen thousand dollars, 
provided that six thousand five hundred dollars thereof be 
applied to the reduction of the existing debt of said county. 

Dukes. Seven thousand three hundred dollars, provided 
that not less than one 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 twenty-five 
thousand dollars thereof be applied to the reduction of the 
existing debt of said county. 

Franklin. Twenty-eight thousand dollars. 

Hampden. Seventy-seven thousand dollars, provided 
that not less than ten thousand dollars thereof be applied 
to the reduction of the existing debt of said county. 

Hampshire. Thirty-eight thousand dollars, provided 
that not less than one thousand dollars thereof be applied 
to the reduction of the existing debt of said county. 

Middlesex. One hundred and twenty thousand dollars. 

Norfolk. Sixty-three thousand two hundred and fifty 
dollars. 

Plymouth. Forty-five thousand dollars. 

Worcester. One hundred thousand dollars. 

Approved March 24, 1881. 



Resolves in relation to the boundary line between massa- Chap. 

CHUSETTS and RHODE ISLAND. 



27 



Resolved., That his excellency the governor be and he is 
hereby authorized, with the advice and consent of the 
council, to appoint a commission wdth full power and 
authority to cause to be removed the stone monuments 
erected to mark the conventional line between this Com- 
monwealth and the state of Rhode Island, from the easterly 
line of the state of Connecticut to Burnt Sw\amp Corner, 
by the commissioners in eighteen hundred and forty-seven 
and eighteen hundred and forty-eight ; and that said com- 
mission cause suitable monuments to be erected ou the 

83 



Commissioners 
to erect monu- 
ments to mark 
the Rhode 
Island bound- 
ary. 



658 



1881. — Chapters 28, 29, 30, 31. 



To meet com- 
mission from 
Khude Island. 



Copy of resolve 
to be sent to 
governor of 
Rhode Island. 



true jurisdictional boundary line from said easteily line of 
the state of Connecticut to Burnt Swamp Corner. 

Resolved^ That said commission be and hereby is author- 
ized to meet, for the above purpose, any commission that 
may be appointed by the state of Rhode Island. 

Resolved^ That his excellency the governor be requested 
to cause a certified copy of these resolves to be sent to the 
governor of the state of Rhode Island. 

Aj)proved March 24, 1881. 



Chap. 28 Resolve in favou 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 superintend- 
ent of said bureau as a salary for the current year a sum 
exceeding fifteen hundred dollars. 

Approved March 24, 1881. 



Disabled 
soldiers' 
employment 
bureau. 



Chap. 29 

Hosea 
Hathaway. 



Chap. 30 

Widow of 
George M. 
Kewton. 



Resolve in favor of hosea hatha way. 

Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth to Hosea Hathaway, the 
sum of five hundred and fifty dollars, in full for damage to 
his ice business, caused by the flow of sewage from the state 
normal school building into Town River at Bridgewater. 

Approved March 24, 1881. 

Resolve in favor of the widow of george m. newton. 

Resolved, That there be allowed and paid to the widow 
of George M. Newton, late a member of the house of rep- 
resentatives, the sum of five hundred and fifteen dollars, 
being the amount of salary and mileage to which he would 
have been entitled had he lived to the close of the present 
session. Approved March 24.. 1881. 



Chap. 31 

Widow of 



Resolve in favor of the widow of josiah f. stone. 

Resolved, That there be allowed and paid to the widow 
Josiah F. stone. ^£ Josiah F. Stone, late a member of the house, the sum 
of five hundred and one dollars and sixty cents, being the 
amount of salary and mileage to which he would have 
been entitled had he lived to the close of the present ses- 
sion. Approved March 24, 1881. 



1881. — Chapters 32, 3:3, 34, 35. 659 

Resolve in favor of the bridgewater normal school. Chip. 32 

Resolved, That there be allowed and paid out of the Bruigewater 
treasury of the Commonwealth a sum not exceeding eight ^^o™'^! ^'^'^oo'- 
thousand doUars, to erect and furnish a chemical and 
physical laboratorj^ for tlie Bridgewater state normal 
school ; to be expended under the direction of the board 
of education. Approved March 30, 1S81. 



Resolve concerning the separation of the criminal insane. Chap. 33 
Itesolved. That so much of the governor's message as criminal insane 
recommends that separate provision be made for the crimi- u°pon/*^^°'^^'^'^ 
nal insane, be referred to the state board of health, lunacy 
and charity, with instructions to consider the same and 
report a plan by which it may be carried into effect to the 
next legislature. Approved March 30, 1881. 

Resolve providing for certain expenses connected with Chap. 34 

THE removal of THE STATE NORMAL ART SCHOOL, 

Resolved, That there be allowed and paid from the state normal 
treasury the sum of one thousand one hundred and eighty- 
five dollars, to defray the expense of restoring the rooms 
on School Street, Boston, formerly occupied by the normal 
art school, to the condition they were in when first occu- 
pied by said school, as required b}^ the terms of the lease. 
Also that there be allowed and paid from the treasur}'- 
of the Commonwealth the sum of one thousand seven 
hundred and ninety-three dollars and twenty-five cents, to 
defray the expense of removing the normal art school to 
its present quarters, and of fitting them for its use. 

Approved April 6, 1881. 

Resolve in favor of the trustees of the state lunatic Chap. 35 

HOSPITAL AT DANVERS. 

Resolved, That there shall be allowed and paid out of the state lunaiic 
treasury of the Commonwealth to thj trustees of the state Dmu-ers."* 
lunatic hospital at Danvers, the su n of twenty thousand 
dollars, as follows, to wit: — For the current cash expendi- 
tures and supplies of the hospital, in anticipation of earn- 
ings, collections and to meet deficiencies, the sum of fifteen 
thousand dollars: — To finish and complete the attics, the 
sum of two thousand dollars : — To finish and complete 
the apparatus for the protection against fire, said apparatus 
to be completed within ninety days of the passage of this 
resolve, the sum of three thousand dollars. 

Ajyproved April 6, 1881. 



660 



1881. — Chapters 36, 37, 38, 39, 40. 



Chap. 36 

Town of Rowe. 



Resolve in favor of the town of rowe. 

Resolved^ That there be allowed and paid out of the 
treasury of the Commonwealth the sum of one hundred 
and sixty-nine dollars and fifty cents to the treasurer of 
the town of Rowe, in re-imbursement for assistance ren- 
dered Thomas Gabrath, a state pauper, in the month of 
January in the year eighteen hundred and seventy-five. 

Approved Ajyril 6', 1881. 



State work- 
house at Brid 
water. 



Chap. 37 Resolve in favor of the state workhouse at bridgewater. 

Resolved., That there shall be allowed and paid out of 
the treasury of the Commonwealth such sum, not exceed- 
ing four thousand five hundred dollars, as shall be found 
necessary for the erection and completion of a workshop 
and waiting room, and for completing the necessary 
arrangements for the thorough protection of the state 
workhouse at Bridgewater against fire ; the same to be 
expended under the direction of the trustees of said state 
workhouse. Approved April 6, 1881. 

Chap. 38 Resolve relating to the war records in the department 

OF the adjutant-general. 

Resolved^ That the adjutant-general is hereby directed 
to attend to the preservation of the war records in his 
department, and is hereby authorized to expend a sum not 
exceeding four thousand dollars for that purpose. 

Approved Ajjril C, 1881. 

Resolve in favor of john donnelly. 

Resolved, That on and after the first day of March in 
the year eighteen hundred and eighty-one, John Donnelly, 
a member of company H, ninth regiment Massachusetts 
volunteers, and afterwards transferred to the veteran re- 
serve corps, shall be entitled to receive the same amount 
of state aid he would have been entitled to had he been a 
resident of Massachusetts at the date of the passage of 
the act granting state aid. Approved April 6, 1881. 

Chiip. 41) Resolve in relation to the limitation of the number of 

PASSENGERS IN STREET RAILWAY CARS. 

Resolved, That the board of railroad commissioners re- 
port to the next general court as to the advisability of 
legislation limiting the nund)er of passengers to be carried 
at one time upon street railway cars. 

Approved April 6", 1881. 



Prei»ervation of 
war records. 



Chap. 39 

John DcnnuUy. 



Paasengcrs in 
street railway 
earn. 



1881. — Chapters 41, 42, 43, 44. 661 

EeSOLVE in favor of the MASSACHUSETTS CHARITABLE EYE CJlfip. 41 
AND EAR INFIRMARY. 

Resolved, That there be allowed and paid out of the Massachusetts 
treasury of the Commonwealth the sum of ten thousand and Ear iniinu- 
dollars to the Massacliusetts charitable eye and ear in- ^^^' 
firmary, to be expended under the direction of the man- 
agers thereof, for the charitable purposes of said infirmary 
for the present year ; and the said managers shall report 
to the state board of health, lunacy and charity. 

Approved April 6, 1881. 

Resolve in favor of the town of Florida. Chap. 42 

Resolved, That there be allowed and paid out of the Town of 
treasury of the Commonwealth the sum of five hundred i'''°"<^''- 
and ninety-two dollars and fifty-five cents to the treasurer 
of the town of P'lorida, in re-imbursement for support and 
assistance rendered Nicholas Derman, Nathan Tripp, John 
Garvey, Thomas O'Keefe, Jerry Callahan, ^Mary O'Leary, 
Peter O'Leary, Margaret Harrigan and children, and C. 
Bernard and famil}-, state paupers, during the period from 
April seventh in the year eighteen hundred and seventy- 
one to February ninth in the year eighteen hundred and 
eighty. Approved Ap>ril 6, 1881. 

Resolve relative to industrial conciliation and arbitra- Chap. 43 

TION. 

Resolved, That the chief of the bureau of statistics on industrial con- 

ciliation and 
arbitration. 



the subject of labor be and he is hereby instructed to filiation and 



prepare forthwith, from material now in the possession of 
the bureau, a pamphlet upon industrial conciliation and 
arbitration ; and in order that the information contained 
in such pamphlet may be freely disseminated among the 
persons most interested, the said bureau shall cause an 
edition thereof, not exceeding five thousand copies, to be 
printed and distributed within the Commonwealth. 

Approved April 6, 1881. 

Resolve in favor of the state almshouse at TEWKSBurY. Chap. 44 

Resolved, That there be allowed and paid out of the state almshouse 
treasury of the Commonwealth such sum, not exceeding ^t Tewijsbury. 
eight thousand nine hundred and thirty-four dollars, as 
shall be found necessary for the erection and completion 
of a hospital addition for women, for the erection and com- 
pletion of new water closets for men, for the alterations 
of water closets in the main building, and for the erection 



662 



1881. — Chapters 45, 46, 47, 48. 



Organ for the 
state prison. 



and completion of a silo ; said sum to be expended under 
the direction of the superintendent and trustees of said 
state almshouse at Tewksbur3^ Approved April 14, 1881. 

Chap. 45 Resolve relating to the purchase of an organ for the 

STATE PRISON. 

Resolved, That there be allowed and paid out of the 
treasuiy of the Commonwealth a sum not exceeding two 
thousand dollars, for the purchase of an organ for the 
chapel at the state prison at Concord ; the same to be 
expended under the direction of the commissioners on 
prisons. Approved April 13, 1881. 

Resolve granting aid to the town of westfield. 

Resolved, That for the purpose of rendering some relief 
to the citizens and tax payers of the town of Westfield, 
in view of the disastrous flood, in the month of December 
of the year eigihteen hundred and seventy-eight, the treas- 
urer and receiver-general of the Commonwealth is hereby 
authorized and directed to pay to the treasurer of the said 
town the sum of five thousand dollars a year, for the 
period of five years, the sums to be paid, in equal semi- 
annual payments, on the first day of A})ril and on the first 
day of October of each year, beginning with the first day 
of April eighteen hundred and eighty-one. 

Approved April 15, 1881. 



Chap. 46 

Aid to town of 
WestHeld for 
losses by flood. 



Chap. 47 Resolve in favor of 



THE TOWNS OF 
CHARLEMONT. 



FLORIDA, ROWE AND 



Re-iinbiirse- 
ment to towns of 
Florida, Howe 
and Charle- 
mont. 



Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth to the following named 
towns, the sums herein below set against their names, in 
re-imbursement of payments made for and in consequence 
of the building of the new bridge over the Deerfield Kiver, 
under chapter two hundred and seventy-five of the acts 
of the year eighteen hundred and seventy-one, to wit : — 
Florida, fifty-five hundred dollars ; Rowe. two thousand 
dollars; Charlemont, fifteen hundred dollars. 

Approved April 15, 1881. 

Chap, 48 Resolve confirming the acts of .tohx o. tkele as a justice 

OF THE PEACE. 

Acts done as Resolvcd, That all acts done by John O. Teele, as a 

i"ace!cin-'^*' justicc of the pcacc within and for the county of Suffolk, 
firmed. since the seventeenth day of February in the year eighteen 



1881. — Chapters 49, 50. 



663 



hundred and eighty-one, are hereby made valid and con- 
firmed to the same extent as though he had been during 
that time qualified to discharge the duties of said office. 

Ajiproved April 15, 1881. 

Resolve in relation to the rights of priscilla freeman in 

LANDS bordering UPON TISBURT GREAT POND, AND IN RELATION 
TO THE PRESENT LEASE OF SAID POND. 

jResolved, That the governor and council be requested and 
empowered to make a full investigation as to the rights of 
Priscilla Freeman in and to lands bordering upon Tisbury 
Great Pond, and as to the validity of the present lease 
of said pond, and all the facts relating to the making of 
said lease, with power to send for persons and papers, and 
to take such action in the premises as will secure the 
rights of all parties interested. 

Approved April 23, 1881. 

Resolve providing for re-imbursement of state aid to the 

CITIES op HOLYOKE AND NEWTON, AND THE TOWNS OF ANDOVER, 
TISBURY, AGAWAM AND PEPPERELL. 

Whereas the cities of Holyoke and Newton and the 
towns of Andover, Tisbury, Agawam and Pepperell have 
neglected to make the returns required by law, of the 
payments of state and military aid by said cities and towns 
respectively, during a portion of the jenr eighteen hundred 
and seventy-nine, and a portion or all of the year eighteen 
hundred and eighty : — Resolved, that said cities and towns 
be and hereby are authorized to make said returns in proper 
form, within sixty days from the passage of this resolve, 
and the commissioners of state aid are hereby authorized 
and directed to receive the returns so made, and to exam- 
ine and disallow or appiove the payments made by said 
cities and towns, respectively, during a portion of the year 
eighteen hundred and seventy-nine, and a portion or all 
of the year eighteen hundred and eighty, in the same man- 
ner and under the same regulations and restrictions, and 
to the same eiiect, as they would have done if said returns 
had been lawfullj'^ made. Any sums so approved and 
allowed by the commissioners aforesaid shall be re-imbursed 
to said cities and towns, respectively, from the treasury of 
the Commonwealth, on or before the first day of December 
in the year eighteen hundred and eighty-one. 

Ai^proved April 23, 1881. 



Chap. 49 



Rights of Pris- 
eilla Freeman to 
be investigated. 



Chap. 50 



Re-imburse- 
ment of state aid 
to Holyoke, 
Newton. An- 
dover, Tisbury, 
Agawam and 
Pepperell. 



6CA 



1881. — Chapters 51, 52, 53, 54, 55. 



Chap. 5 1 Resolve in relation to a reformatory for male prisoners. 

Reformatory for llesolved., That the Commissioners of prisons be directed 
at prisoners. ^^ investigate the subject of establishing a reformatory for 
male prisoners, in some institution now existing in the 
state, to suggest a plan for the organization of the same, 
and to report the result of their investigations with esti- 
mates of cost, to the legislature at the next annual session. 

Approved April 30. 1S81. 



Chap. 52 

Salem normal 
school. 



Resolve in favor of the salem normal school. 

Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth a sum not exceeding six 
thousand dollars, for heating and ventilating the state nor- 
mal schoolhouse at Salem ; and that said sum be expended 
under the direction of the board of education. 

Approved April 30, 1881. 

Resolve in favor of andrew j. waterman. 

Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth to Andrew J. Waterman, 
the sum of five hundred dollars, for services as register of 
prolmte and insolvency of Berkshire County, from the six- 
teenth day of November in the year eighteen hundred and 
eighty to the fifteenth day of April in the year eighteen 
hundred and eighty-one. Approved April 30, 1881. 

Chap. 54 Resolve confirming the acts of thomas flatley as a jus- 
tice OF THE PEACE. 



Chajy. 53 

Andrew J. 
Waterman. 



Acts done as 
justice of the 
peace, con- 
firmed. 



Chajy. 55 



ContauiouH 
dtneaNee among 
cattle. 



Resolved, That all acts done by Thomas Flatley as a 
justice of the peace for the Commonwealth, since tlie 
twenty-fifth day of October in the year eigiiteen hundred 
and eighty, are hereby made valid and confirmed to the 
same extent as though he had been during that time quali- 
fied to dischaige the duties of said office. 

Approved May 6, 1881. 

Resolvk 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 diiection of 
the cattle commissioners for the purpose of exterminating 
contagious diseases in the state, among horses and cattle. 

Approved May 6, 1881. 



1881. — Chapters 56, 57. 665 

Resolve in favor of eugene m. dow. Chap. 56 

Resolved^ That on and after the first day of April, eigh- state aid for 
teen hundred and eighty-one, Eugene M. Dow, minor child George c.dow. 
of George C. Dow who was a member of the fortieth regi- 
ment of New York volunteers, shall be entitled to receive 
the same amount of state aid he would have been entitled 
to had he been born prior to his father's discharge from 
service. Approved May 6, 1881. 

Resolves concerning an amendment to the constitution to Chap. 57 

PREVENT the DISFRANCHISEMENT OP CERTAIN SOLDIERS AND 
SAILORS BECOMING PAUPERS. 

Resolved., That the following article of amendment of Proposed 
the Constitution, having been agreed to by the last and ?hrco™8*tituti*oD 
present general courts, and published in the manner re- ^ the^'pe^ie!*^ 
quired by the Constitution, be submitted to the people for 
their ratification and adoption : — 



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. 

Resolved., That the people shall be assembled for the pur- to be voted 
pose aforesaid, in their respective cities and towns, in meet- annuareiection 
ings to be legally warned, and held on Tuesday the eighth iu November. 
da}^ of November next, at which meetings all the inhabit- 
ants qualified to vote for senators and representatives in 
the general court may give in their votes, by ballot, for or 
against said article of amendment; and the same officers 
shall preside in the said meetings as in the meetings for 
the choice of senators and representatives, and shall in 
open meeting receive, sort, count and declare the votes of 
the inhabitants for and against the same ; and the said 
votes shall be recorded by the clerks of said cities and 
towns, and true returns thereof shall be made out under 
the hands of the mayor and aldermen of the several cities, 
and of the selectmen, or a major part of them, and of the 
clerks of the said cities and towns, respectively, and sealed 
up and delivered to the sheriff of the county within three 
days after the said meetings, to be by him transmitted to 
the office of the secretary of the Commonwealth within 
seven days after receiving the same ; or the said mayors 
and aldermen, and selectmen, respectively, shall themselves 

84 



666 



1881. — Chapter 57. 



Form of ballot. 



If approved by 
the peopk', to 
be enrolled on 
parchment, and 
deposited in 
secretary's 
office. 



Proclamation to 
be made by 
t;overnor, an- 
nouncing result. 



Copy of resolves 
to each city and 
town. 



transmit the same to the said office within ten days after 
the said meetings : provided^ tliat in the several cities the 
meetings held under this resolve shall be conducted accord- 
ing to the provisions of the acts establishing the same, and 
of the several acts in addition thereto. 

Resolved^ That every person qualified to vote as afore- 
said may express his opinion on said article of amendment, 
without expressing in his ballot the contents of said article ; 
but the form of said ballot shall be as follows: "Amend- 
ment to the Constitution, Yes," or "No." And if said 
article shall appear to be approved by a majority of the 
persons voting thereon, it shall be deemed and taken to be 
ratified and adopted by the people. 

Resolved, That his excellency the governor and the 
council shall forthwith open and examine the votes re- 
turned as aforesaid; and if it shall appear that said article 
of amendment has been approved by a majority of the per- 
sons voting thereon, according to the votes returned and 
certified as aforesaid, the same shall be enrolled on parch- 
ment, and deposited in the secretary's office, as a part of 
the Constitution of this Commonwealth, and shall be 
published in immediate connection therewith, numbered ac- 
cording to its numerical position, with the articles of amend- 
ment of the Constitution heretofore adopted, in all future 
editions of the laws of this Commonwealth, printed by 
public authority. 

Resolved, That his excellency the governor be and he 
hereby is authorized and requested to issue his proclama- 
tion forthwith, after the examination of the votes returned 
as aforesaid, reciting said article of amendment, and an- 
nouncing that said article has been duly adopted and 
ratified by the people of this Commonwealth, and has be- 
come a part of the Constitution thereof, and requiring all 
magistrates and officers and all citizens of the said Com- 
monwealth to take notice thereof, and govern themselves 
accordingly ; or that the said article of amendment has 
been rejected, as the case may be. 

Resolved, That a printed copy of these resolves, includ- 
ing the said article of amendment, and blank forms of the 
returns of votes on said article, shall be transmitted as 
soon as may be by the secretary of the Commonwealth, to 
the mayors and aldermen of the several cities, and the 
selectmen of the several towns of this Commonwealth. 

Appwced May (J, 1S81. 



1881. — Chapters 58, 59, 60, 61. 



667 



Resolve authorizing the attorney-geneual to discontinue Chap. 58 

A CERTAIN SUIT AGAINST THE BOSTON AND ALBANY RAILROAD 
COMPANY, ON CERTAIN CONDITIONS. 

Resolved^ The attorney-general is hereby authorized to 
discontinue the suit at law and the proceedings in equity, 
commenced against the Boston and Albany Railroad Com- 
pany in pursuance of the resolve of the year eighteen hun- 
dred and eighty, chapter fifty, whenever settlement of the 
claims and matters therein asserted, on behalf of the Com- 
monwealth, shall be made to the satisfaction of the harbor 
and land commissioners, with the approval of the govern- 
or and council. Approved May 6, 1881. 



Suit against 
Boston and Al- 
bany li.R. Com- 
pany may be 
discontinued. 



Resolve in favor of charles f. folsom. 

Resolved., That there be allowed and paid out of the 
treasury of the Commonwealth to Charles F. Folsom the 
sum of four hundred dollars, the same being for services 
rendered as secretary of the state board of health, lunacy 
and charity, from June eighth to October first, in the year 
eighteen hundred and eighty. Appromd 3Iay 7, 1881. 



Chap. 59 

Charles F. 
Folsom. 



Chap. 60 

State primary 
school at 
Monson. 



Resolve in favor of the state primary school at monson. 

Resolved., That there be allowed and paid out of the 
treasury of the Commonwealth a sum not exceeding thir- 
teen thousand five hundred dollars, as follows, to wit : six 
thousand five hundred dollars to eiect and complete a 
reservoir ; two thousand dollars for a four inch service 
pipe from said reservoir to the school buildings ; three 
thousand five hundred dollars to erect and complete a new 
hospital building ; one thousand five hundred dollars to 
repair the old hospital building and to repair and refit 
water closets in the same : the same to be expended under 
the direction of the trustees of the state primary and 
reform schools, subject to the approval of the board of 
health, lunacy and charity. Approved May 7, 1881. 

Resolve relative to the centennial celebration at tork- Chap. 

town. 



61 



Resolved., That a sum not exceeding ten thousand dollars centennial ceie 



be allowed and paid, to be expended under the direction 
of his excellency the governor, for a proper representa- 
tion of the Commonwealth at the centennial celebration 
of the surrender of the British army under Cornwallis to 
the American army under Washington, to be held at 
Yorktown, Virginia, in October next. And the governor 



bration at York- 
town. 



668 



1881. — Chapters 62, 63, 64. 



Encampment of 
militia may be 
authorized to be 
held without tlie 
limits of the 
state. 



Drainage of tlie 
Mystic Valley 
and the neigh- 
borhood of the 
city of Boston. 



may authorize an encampment at some time during the 
present year, of any brigade, regiment, battalion, com- 
pany, or corps of cadets, without the limits of the state; 
and any brigade, regiment, compan}', battalion, or corps of 
cadets -which at such encampment shall fulfil the require- 
ments of law with reference to encampments, to the satis- 
faction of the governor or of such officer as may be 
designated by him to report thereon, shall be relieved 
from the requirements of law with reference to encamp- 
ments within this state, during the present year, and the 
officers and enlisted men of such brigade, regiment, bat- 
talion, company, or corps of cadets shall receive the same 
pay and allowances for service in such encampment as 
they would be entitled to receive if the encampment were 
had upon the state grounds in the town of Framingham. 

Approved May 12, 1S81. 

Chap. 62 Resolve for a plan for the drainage of the mystic valley 

AND THE neighborhood OF THE CITY OF BOSTON. 

Resolved, That the governor and council are hereby 
authorized and requested to examine and report in print 
to the next legislature, a plan for the drainage of the 
Mystic valley, with an estimate of the cost thereof and a 
recommendation as to the methods of apportioning said 
cost. And they are further authorized, within their 
discretion, to include the Charles River valley and the 
immediate neighborhood of the cit}'' of Boston in their 
investigation regarding drainage, and in an}- plan or 
recommendation which they think it advisable to report 
for the action of the legislature. For these purposes they 
may incur such engineering or other expenses as they may 
deem necessary. Apjjroved May 12, 1S81. 

Chap. 63 Resolve in favor of the Massachusetts charitable eye and 

EAR infirmary. 

Resolved, That there be allowed and paid out of the 
treasur}' of the Commonwealth to the jNlassachusetts chari- 
table eye and ear infirmary, the sum of five thousand 
dollars, for the purpose of aiding in the enlargement of 
the building of said institution. 

Approved May 12, ISSl. 

Chap. 64: Resolve in favor of the trustees of the state lunatic 

hospital at TAUNTON. 

State lunatic Resolvcd, That thcrc shall be allowed and paid out of 

TamltoM."' ^^'6 treasury of the Commonwealth to the trustees of the 



Ma88uchu8ett8 
Charitable Eye 
and Ear In- 
iirmary. 



1881. — Chapters 65, 66. 



669 



state lunatic hospital at Taunton, the sum of twenty-five 
thousand dollars, to be expended by said trustees for the 
building an addition to the centre building of said hospi- 
tal, so as to furnish store ^robms for hospital purposes, 
sleeping rooms for the help, work rooms for male patients, 
and for placing the water tanks of the hospital at a higher 
elevation. Approved May 12^ 1881. 

Resolve in favor op the state prison at concord. 

Resolved., That there be allowed and paid out of the 
treasury of the Commonwealth a sum not exceeding six 
thousand dollars, to be expended under the approval of 
the commissioners of prisons, for the ventilation of the 
state prison buildings, and for the disposition of the 
sewage in the prison precincts. The board of health, 
lunacy and charity, whenever requested so to do by the 
selectmen of the town of Concord, shall ascertain wheth- 
er the sewage of the state prison has been purified or 
cleansed in a manner satisfactory to said board. If upon 
investigation they shall find that it has not been so puri- 
fied or cleansed, they shall forthwith notify the board of 
commissioners of prisons to that effect, and said board of 
commissioners shall thereupon forthwith proceed to purify 
and cleanse said sewage in such manner as said board of 
health, lunacy and charity shall in writing approve, or so 
dispose of the same that no part thereof shall enter the 
Assabet River. Approved May 12, 1881. 



Chap. 65 

state prison at 
Concord. 



Ventilation and 
sewage. 



Resolves DIRECTING transfers BETWEEN CERTAIN SINKING FUNDS. Chap. QQ 

Resolved, That the treasurer is authorized and directed Treasurer to 
to transfer from the fund of the commissioners on public glnking"^ funds'." 
lands to the Troy and Greenfield Railroad loan sinking 
fund, the sum of four hundred thousand dollars. 

Resolved, That the treasurer is directed to transfer to 
the Troy and Greenfield Railroad loan sinking fund the 
entire agreement of the New York and New England 
Railroad Company for the purchase from the Common- 
wealth of lands at South Boston, made in accordance with 
the provisions of chapter two hundred and sixty of the 
acts of the year eighteen hundred and eighty, at a valua- 
tion, including the land and the payments already made 
under said agreement for the purchase of the twenty -five 
acre piece so called, of one million eighty-six thousand five 
hundred and thirty-two dollars ; and in part consideration 
therefor, being the excess above the amount at which said 



670 1881. — Chapters 67, 68. 

land now stands credited to said fund, he is directed to 
transfer from the Troy and Greenfield Railroad loan sink- 
ing fund the sum of five hundred and forty-one thousand 
five hundred and thirty-two -dollars to the Commonwealth's 
flats improvement fund, subject to the obligation of the 
provisions of chapter three hundred and twenty of the acts 
of the year eighteen hundred and seventj'-two, for the 
repayment of scrip issued for the improvement of South 
Boston flats. 
To pay certain Resolved^ That the treasurer is authorized, subject to 
cates of debt!' the direction of the governor and council, to pay the prin- 
cipal of the scrip or certificates of debt issued under the 
provisions of section five of chapter three hundred and 
twenty of the acts of the year eighteen hundred and sev- 
enty-two, out of the funds of the Commonwealth's flats 
improvement fund, instead of issuing scrip under the pro- 
visions of chapter two hundred and one of the acts of the 
present year. Approved May 12, 1881. 

Chap. 67 Resolve regarding the sewage of the city of Worcester. 

DispoBition of Mesolved, That the state board of health, lunacy and 

mrfe'ster to be charity is hereby authorized and directed to examine and 
investigated. consider the question of the disposition of the sewage of 
the city of Worcester, especially with a view to prevent 
the pollution of the Blackstone River and its tributaries, 
and report its conclusions in print to the next legislature, 
with recommendations as to a definite plan for the preven- 
tion of such pollution. For this purpose the board may 
employ such assistants and incur such engineering or other 
expenses as shall be approved by the governor and council. 

Approved May 12, 1881. 

Chap. 68 Resolve providing for certain improvements at the state 

HOUSE. 

State bouse Jtesolved, That there be allowed and paid out of the 

iraproveraents. ^rcasury of the Commonwealth a sum not exceeding forty- 
five thousand dollars, for the purpose of making improve- 
ments in the basement of the state house, substantially in 
accordance with plans submitted by the joint standing 
committee on the state house ; said amount to be expend- 
ed and the improvements made, under the direction of a 
commission to consist of the commissioners on the state 
house, who shall perform this service without additional 
pay, together with two other persons, to be appointed by 
the governor and council, who shall receive such compen- 



1881. — Chapters 69, 70, 71. 



671 



sation as the governor and council may determine : provid- 
ed, that no expense, except for surveys and plans, shall be 
incurred under this resolve until contracts have been made, 
approved by the governor and council, ensuring the com- 
pletion of the entire work within the sum herein named. 

Approved May 12, 1881. 

Resolve providing for repairs on the state house. Chap. 69 

Resolved, That there be allowed and paid out of the Repairs on the 

j._ , J- ,1 1 J n r state house. 

treasury a sum not exceeding seven thousand dollars, tor 
repairs and improvements on the state house, to be ex- 
pended under the direction of the sergeant-at-anns and 
the commissioners on the state house, and the same is 
hereby appropriated. Approved May 13, 1881. 



Resolve in reference to the double tracking of the troy 
and greenfield railroad and hoosac tunnel. 

Resolved, That the manager of the Troy and Green- 
field Railroad and Hoosac Tunnel, under the direction of 
the governor and council, is hereby authorized and direct- 
ed to complete the double tracking of said road, within 
three years from the passage of this resolve. 

Approved May 13, 1881. 

Resolve in relation to the commonwealth's flats at south 

BOSTON. 

Resolved, That from the Commonwealth's flats improve- 
ment fund the sum of five hundred thousand dollars is 
hereby appropriated, for the purpose of enforcing and ex- 
ecuting the provisions and requirements of existing laws 
relating to the Commonwealth's flats at South Boston, and 
for the payment of money which may be needed to carry 
out the provisions of chapter two hundred and thirty-nine 
of the acts of the year eighteen hundred and seventy-five. 

Approved May 13, 1881. 



Chap. 70 



Road to be 
double tracked. 



Chap. 7 1 



Laws to be en- 
forced relative 
to Coiumon- 
wealth's flats at 
South Boston. 



The General Court of 1881, during its annual session, passed three 
hundred and five Acts and seventy-one Resolves, which received the 
approval of his Excellency the Governor. In addition to these, a 
Resolve entitled " Resolve in relation to Dock and Railroad Terminal 
Facilities in the Port of Boston " was laid before the Governor for his 
approval, and was returned by him to the Senate, in which it originated, 
with his objections thereto. The Senate proceeded to reconsider the 
same agreeably to the provisions of the Constitution, and the vote 
being taken on passing said Resolve, the objections of the Governor 
to the contrary notwithstanding, the same was rejected, two-thirds of 
the members present and voting thereon not having voted in the 
affirmative. 

The General Court of 1881 was prorogued on Friday, May 13, the 
session having occupied one hundred and twenty-nine days. 



Governor's Address. 673 



IISTAUGURAL ADDRESS 



OF 



HIS EXCELLENCY JOHN D. LONG. 



At one o'clock on Thursday, the sixth day of January, 
his Excellency the Governor, accompanied by his Honor 
the Lieutenant-Governor, the members of the Executive 
Council, and officers of the civil and military departments 
of the government, attended by a joint 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 House 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. 

THE PUBLIC DEBT. 

The following is a statement of the amount and char- 
acter of the funded debt : — 

Aggregate debt Jan. 1, 1880 . . . . . . $33,020,464 

It has been reduced by payments during the 
year as follows : — 

Back Bay Loan $220,000 

Six per cent scrip of 1856 .... 1,000 

221,000 

Aggregate debt Jan. 1, 1881 $32,799,464 

Classified under these heads : — 

Railroad loans $17,738,996 

War loans 10,468,188 

Public buildings, etc 4,592,280 

$32,799,464 

85 



614: 



Governor's Address. 



The maturity of the remaining portions of the debt is 
shown in the following table : — 



1883 . 


§1,088,000 


1894 . 


. $10,921,244 


1888 . 


3,001,300 


1895 . 


4,840,260 


1889 . 


3,142,128 


1896 . 


1,100,000 


1890 . 


503,468 


1897 


520,000 


1891 . 


3,815,040 


1900 . 


3,599,024 


1893 . 


209,000 







SINKING FUNDS. 

The aggregate of the several sinking funds amount- 
ed on the 1st of January, 1881, to . . . 812,990,812 59 
Amountof the same Jan. 1, 1880 .... 12,235,24829 



Showing an increase of ..... . §755,564 30 

Notwithstanding the payment from the funds of the Back Bay Loan, 
amountingto §220,000. 

The abundance of money seeking investment at the 
present low rates of interest is an embarrassment in the 
management of these funds. 

They were established on the basis of six per cent, 
investments, and the compulsory loan of their accumula- 
tions at lower rates may impair their ability to meet some 
portions of the debt at maturity. It is expected however 
that any deficit that may arise from this cause will be 
overcome by other resources set apart by law for the 
purpose. In the case of the " Prison and Hospital Loan 
Sinking Fund," it will be necessarj' during the present 
session of the legislature to make good the deficit occa- 
sioned by the failure of the Commonwealth to sell the 
State Prison property at Charlestown. Chap. 391 of the 
Acts of 1874 provides that this property shall be sold, and 
the proceeds of the sale paid into the treasury as a contri- 
bution to that fund. It also provides, that, if the receipts 
of the fund do not in any fiscal year equal three per cent, 
of the total amount of scrip issued, the difference shall be 
raised by taxation. That contingency has arisen by the 
inability of the State to dispose of the property, although 
the amount to be raised cannot be definitely stated at the 
present time. 

This property has been advertised for sale, and bids for 
it have been invited ; but no purchaser has been found, 
except for a strip of land lying outside of the enclosure 
of the old State Prison, and alongside of the Boston 
and Maine Railroad, containing some fifty-seven thousand 
square feet, for the purchase of which the Fitchburg Rail- 
road Company have negotiated at a price amounting to 



Governor's Address. 675 

some i47,750. This will necessitate the moving of a 
freight track of the Eastern Railroad in accordance with 
Chap. 360 of the Acts of the year 1873. 

The price of real estate is, however, rising ; and as this 
prison site, containing several hundred thousand square 
feet, is so near the convergence of several railroads, and is 
so accessable to industrial interests, the prospect of selling 
it at a good price, within a reasonable time, is much im- 
proved. 

The net receipts from this property for the year 1880 
were 12,123.92. In 1879 they were $1,521.76. 

COMPARATIVE RESULTS. 

The financial transactions of the year have been con- 
fined mainly to the receipts and disbursements of the 
revenue for the expenses of the government. No excessive 
outlay of money has been required to meet unexpected 
emergencies. The funded debt has been decreased, and 
there are no temporary loans to provide for. 

The credit of the Commonwealth maintains the high 
standing which it has always enjoyed at home and abroad, 
and which has been gained by the most scrupulous good 
faith in the keeping of all its pecuniary obligations. No 
whisper of repudiation has found echo in its legislative 
halls, nor among its people. 

The expenses of 1880 compared with those of 1879 
show the following aggregates : — 

1880. 1879. 

Ordinary expenses . . . $1,565,528 27 $1,562,712 98 

Exceptional expenses . . . 4,523,461 30 4,040,687 66 

$6,088,989 57 $5,603,400 64 

The exceptional expenses of 1880 are in part due to the 
very increase of the receipts, — $561,000 of said expenses 
being the excess of the corporation and national bank tax 
refunded in 1880 over the amount refunded in 1879 by the 
Commonwealth to its cities and towns. 

ESTIMATES FOR 1881. 

The estimates for the current year are based upon exist- 
ing laws, and the expectation that the present business 
prosperity will continue. 

1881. 1880. 

Payments for all purposes . . $4,337,912 00 $1,176,877 00 

Eeceipts including cash on hand . 4,120,357 06 2,950,777 07 



Deficit to be provided for by taxation, $217,554 94 $1,226,099 93 



676 Governor's Address. 

This is a condition of things better even than that of two 
years ago, when the deficit was reported at 8316,392.21, 
and when, unwisely, as was shown by the result, a tax 
of only half a million dollars was laid. For the coming 
year a tax certainly not exceeding a million dollars, and 
perhaps less than that sum, — unless you incur, as I trust 
you will not, unexpected extraordinary expenditures, — 
will be enough to meet the estimated deficit, and, as has 
been the general custom, to provide for the subsequent 
wants of the treasury in anticipation of the revenues of 
1882. 

PRISONS AND PUBLIC INSTITUTIONS. 

These are generally in good case. At the Women's 
Prison a new superintendent has been appointed, and the 
institution is in successful operation. There seems to be 
nothinir lacking: in its administration to make it a true 
reformatory. An erroneous impression of unhealthfulness 
connected with its location has been dissipated by the 
report of an expert medical authority made after several 
days' personal examination, and still further by the good 
health which has prevailed among the inmates. Of the 
four deaths during the last six months, none, and of the 
sixteen patients in hospital at the close of the year, only 
two, were cases of sickness contracted after commitment ; 
and those two were cases for surgical treatment. There 
has been also an improvement in the cost of the institution, 
the estimate for its running expenses for the coming year 
being ten thousand dollars less than for last. 

A full investigation by the Governor and Council into 
the management and conduct of the officials of the State 
Prison, at Concord, was made during the summer, in ac- 
cordance with a resolve of the last legislature. Ample 
public hearings were had, and full evidence was taken. 
The resolve made no provision for a report ; but one was 
written and published, a copy of which I shall be happy to 
furnish you if desired. While the management of the 
prison was found to have been attended with some grave 
faults, the result of the investigation was to correct many 
false and unjust notions concerning it, and on the whole to 
vindicate its administration. 

The financial condition of the State Prison has steadily 
improved: and this year its earnings have so much in- 
creased that they nearly equal the expenses, the deficit 
being less than one-half of what it was a year ago. 

I renew my suggestion of last year, as to the reformation 



Governor's Address. 677 

of criminals and the desirability of their classification, and, 
at reasonable expense, of transferring to one of our public 
institutions, where accommodations can be provided, some 
of those few younger convicts who evince genuine elements 
of reform, and whose punishment is not so much demanded 
by the nature of their offence, as their reformation. For 
this purpose, it seems to me the old prison at Charlestown 
is not best fitted. To re-occupy even a single wing of it, 
is to begin another great public institution, and lay the 
foundation for spending another million or more of dollars. 
The plan of the commissioners is better, — to try the 
experiment first in some existing house of correction, like 
the excellent one at Fitchburg, where, I am informed, 
industrial opportunities can be secured, and where the 
experiment can be tried under the most favorable circum- 
stances. 

An act of the last legislature, which, by the way, should 
be amended so as to include the House of Industry, pro- 
vides that county commissioners may, with the consent 
of the magistrate or district attorney, put certain con- 
victs, not guilty of felony, upon probation with a view to 
their reformation. Prior to this the county commissioners 
already had the power to discharge persons convicted of 
tlie lighter offences enumerated under Sect. 28 of Chap. 
165 of the General Statutes, — a power which in some 
cases has been exercised with great indulgence. From one 
house of correction, fifty -four convicts — exceeding by six- 
teen the whole number pardoned by the Governor and 
Council throughout the whole Commonwealth — were 
thus discharged during the past year, of whom eighteen 
had been committed before. Six of the eighteen had pre- 
viously been similarly discharged. Five of the eighteen 
have since their last discharge been recommitted on new 
complaints. To make the two statutes harmonious, I 
recommend that no such dischaige be allowed except 
upon notice, where practicable, to the complainant, and 
upon the recommendation of the magistrate, or, in cases 
from the Superior Court, of the district attorney. 

The statute passed last winter reducing the penalty for 
drunkenness, though good in principle, has not in practice 
met expectation. It needs to be amended if it is to be 
retained and made of value. In that case it might be wise, 
as in Chap. 280 of the Acts of the year 1866, to require 
the offender, when claiming that his drunkenness is a first 
offence, to show to the satisfaction of the court that he has 
not been previously convicted on the same charge within 



678 Governor's Address. 

the Commonwealth. There is in this statute a humane 
purpose which still commends it to your consideration. 

With regard to all our public institutions for the insane, 
the convict, or the poor, penal and charitable alike, their 
officers, trustees, and supervising boards are intent upon 
their duty, and laboring to render the best service. The 
only criticism is, that sometimes, in their very zeal and 
consciousness of devotion to their trusts, they are sensitive 
to supervision as if it involved invasion of their jurisdic- 
tion. It must never be forgotten that the sole persons 
whose rights are in danger of being overlooked, or whose 
interests are the one ultimate consideration, are the in- 
mates themselves, the convicts in the prisons and jails, the 
insane in the hospitals, the paupers in the ahnshouses. 
The one vital thing is inspection and full exposure to the 
public eye. I should not do justice, however, if I, a wit- 
ness now for two years of the faithful labors of the various 
officials charged with the supervision and management of 
our public institutions, did not remind you of the good 
service they render the Commonwealth, many of them 
without pay and at personal inconvenience. The cases 
where officers have proved unfaithful to their duty have 
been few. 

The beneficiaries of our State charities have, under the 
good administration of that department, steadily dimin- 
ished in number, except in the case of the insane. The 
increase among these is not believed to be due to an in- 
crease of insanity among our people, but rather to an accu- 
mulation of persons mentally affected, resulting in part 
from the very abundance of accommodation for them. 
More room for tliese must soon be made, but not perhaps 
necessaril}' at your session. I trust that, both as a matter 
of treatment and economy, some other phm will be adopted 
than that of erecting another costly hospital like the last. 
It is desirable that there should be a more intelligent clas- 
sification of the insane, instead of herding them all to- 
gether. I see no reason why, taking some of our State or 
county buildings, which I understand are available for the 
purpose, separate provision should not be made, for in- 
stance, for the criminal insane, a hundred of whom, per- 
haps, could now be collected apart, thus humanely and 
justly relieving the others from what they and their friends 
rightly feel to be a reproach and a constant j)ersonal dan- 
ger, and also relieving the growing pressure of numbers to 
be provided for in present quarters. I am advised that 
this classification should be made at an early date. It is 



Governor's Address. 679 

also true that among the insane poor, are many epileptic 
patients. Their presence in our hospitals disturbs the dis- 
cipline and treatment of the ordinary insane; and they 
might well be placed in a separate establishment, not at 
present, but whenever a sufficient number shall warrant. 

Other classifications suggest themselves, after all of 
which, however, the great body still remains to fill our 
hospitals. In the treatment of them the tendency is 
toward less and less restraint, both as a matter of personal 
right and of cure. An insane man is not often a criminal, 
and is entitled to personal freedom except so far as re- 
straint is necessary for keeping himself from harm, and 
others from intolerable annoyance or danger. Certainly in 
our asylums there are great numbers of inmates, especially 
among the chronic insane, needing mainly the oversight 
of a friend, harmless, and differing in no respect from those 
patients at private retreats, who are allowed almost unre- 
stricted liberty, and who are rather boarders than any 
thing else. If these could be transferred from our present 
asylums as circumstances shall warrant or require, room 
would be made for the cases that necessitate more restraint, 
as well as fo;" the increasing needs of the future. It is 
worth considering whethei- the system, which promises to 
be so successful, of finding cheap and good boarding-places 
for young children now at the State Primary School could 
not be applied also to the harmless insane. Many of these 
are able to labor, and would derive benefit from employ- 
ment. Many patients of this class have been thus removed 
from hospitals in former years; and the same policy might 
now be further extended, as is done in Scotland and other 
countries. In that case, every needful safeguard should 
be provided against abuse or neglect of this helpless class. 
Or, if the numbers increase so that. the State should still 
itself prefer to board them, it could do so in cheap, whole- 
some tenements, and in the simplest atmosphere of inex- 
pensive and comfortable homes. In either case there must 
of course be regular visitation, and medical oversight. 
But such a policy would dispense with unnecessary attend- 
ance in the cases which need it least, and permit an in- 
crease of attendance for those violent insane, with whom 
also mechanical restraints should assume the place of a 
helping hand as little as possible. Contrary to what was 
the prevailing opinion twenty-five years ago, it is now 
coming to be agreed by the best experts, that the recent 
and presumably curable insane should not be crowded to- 
gether with the chronic and incurable in great hospitals 



680 Governor's Address. 

where the very air seems charged with the hopelessness of 
a madliouse. 

Connected with this change of opinion is the suggestion 
lately made to me, that, if it shall come to the erection of 
new buildings, these should be small hospitals, where the 
curables could have every available appliance for their 
recovery ; while, for the incurables, buildings such as I 
have already referred to, constructed at no great expense, 
would be found sufficient to meet any exigency for some 
years to come. 

From all the information that has come to me, it seems 
that the laws for the commitment and detention of the 
insane are better understood and more carefully adminis- 
tered than ever before. I commend to your attention the 
recommendations of the Board of Health, Lunacy and 
Charity, upon this and other important subjects with 
which it deals. 

With regard to the board itself, I trust you will make 
no change. It embraces two or three subdivisions, for- 
merly kept apart, yet closely affiliated and interdependent. 
Its work has been well done, and it is hardl}'' worth while 
to try a new experiment every year or two in the mere 
form of the central supervision of the interests now in- 
trusted to its charge. I am persuaded that the change of 
1879 was rather one of form than of substance, and that 
any further cliange, or change back, would be the same. 

THE CHARLES AND MYSTIC RIVERS DRAINAGE. 

The continued and increasing use of the Charles and 
Mystic Rivers as reservoirs of sewage will be brought be- 
fore you by the same board. The foul condition of either 
stream will be an injury to both health and comfort in the 
towns near its mouth, however good their own drainage 
may be. As it is not possible for any one of these towns 
to carry out a system of sewerage that is not liable to in- 
jure a neighboring town, some sort of concerted action is 
necessary ; and it is suggested that this board or some 
other competent authority have power to arrange, or at 
least to report upon, a comprehensive system for draining 
the entire area embraced within a semicircle of a radius of 
ten miles from the State House. How great the interest 
of these towns in this nuitter is, appears in the fact that 
seventeen of them contain more than half the valuation 
and more than a third of the population of the whole 
Commonwealth. 



Governor's Address. 681 



SAVINGS INSTITUTIONS AND COUNTY ACCOUNTS. 

The total of deposits in the savings banks Oct. 30, 1880, 
was '$218,047,922.37, — an increase for the year of $11,- 
669,212.8-1:. The number of depositors was 706,395, — an 
increase of 30,840. There are now a hundred and sixty- 
four savings banks doino- business in the Commonwealth : 
— two less than last year; one having voluntarily closed 
after paying the depositors in fidl, with a four per cent, 
dividend additional ; the other having been placed in the 
hands of receivers to be wound up. 

I am gratified to announce a marked improvement in 
the condition of the savings banks generally. Of the 
eight which were temporarily enjoined by the Supreme 
Court early in the year, seven have been restored to the 
full exercise of their corporate powers, and are gradually 
gaining public confidence. Of the twenty in which pay- 
ments to depositors were limited by the commissioners, all 
but one have been relieved from that restriction, and their 
condition is also improving. Of the fourteen in the hands 
of receivers, two will pay depositors in full, and the rest 
an average dividend of more than seventy-five per cent. 

There apears to be an increased interest in the establish- 
ment of co-operative saving fund and loan associations. 
Six have been incorporated during the year, making six- 
teen in all. Their primar}^ object — which is to assist 
persons of moderate means in securing homesteads upon 
the credit of their monthly savings — recommends them to 
your fostering care, and, at the same time, requires that 
their stability should be secured by wise and conservative 
legislation. 

The recent developments regarding the so-called " La- 
dies' Deposit " in Boston, together with several private 
schemes under the guise of savings institutions — over 
which, however, the State has at present no supervision — 
demand your prompt and thorough consideration. Legis- 
lation should guard against the establishment of institu- 
tions which are intended, or may be perverted, to secure 
the savings of the poor or inexperienced for speculative or 
dishonest purposes. 

There has been a general improvement in the method 
and accuracy of keeping county accounts. This has ex- 
tended, under the operation of last year's legislation, to 
those counties which have hitherto been reported deficient 
in this respect. It is an improvement which should be sus- 
tained and made permanent. 



682 Governor's Address. 



EDUCATION. 

The secretary of the board reports 5,570 public schools 
in the State, with 306,770 pupils, taught by 8,695 teachers, 
and costing $4,519,413.05. They were kept an average of 
8| months ; the average attendance was eighty-nine per 
cent., and the average cost for each pupil was !|14.o4. 
These returns show the great interest of the people, and it 
is an increasing interest, in their schools. 1 am sure they 
may be trusted to maintain them, without the necessity 
elsewhere of exceeding their appropriations. The impul- 
sive outcry just now wrung out by annual municipal state- 
ments of the gieat cost of our common schools will only 
do their cause good if met with discrimination. While it 
is time to recognize that there is no spare money to be 
wasted in extravagant architecture and external appoint- 
ments, on the other hand, when it comes to essentials, the 
last dollar to be economized in Massachusetts is that which 
gives the poorest public scholar free access to the best pub- 
lic education. You will not begrudge it when you see it 
shining back in his brightened face, or even in the speak- 
ing eye of a deaf mute, to whom it has unlocked a new 
avenue of hliman intelligence and the very symjjathies of 
the human voice. Take care that no fundamental attack 
be made upon our common school S3^stem under cover of a 
criticism of its cost. 

The relation that intelligence holds to public virtue and 
thrift is afresh attracting the most thoughtful attention. 
The statistics show that wherever education is most dif- 
fused, crime and pauperism most diminish and are mainly 
supplied from the ranks of illiteracy. Massachusetts is no 
exception to this rule; and the blundering ignorance of 
some recent publications to the contrar}"^ is only a re-state- 
ment of what was asserted a few years ago in much the same 
phrase and illustra