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ACTS

E E S 0 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

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

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.

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.

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.

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.

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.

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.

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.

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

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.

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

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.

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.

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

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.

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 ^''^^'

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.

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.

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

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.

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.

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.

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-

Incompatibility
of offices.

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.

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

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.

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.

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.

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

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.

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

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-

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.

[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.

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

Vaga

28, 33

27
25

38, 39

37,42

37,41

7
7

20,39

39
39

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

40
40
39

39
39
39

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

(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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

GENERAL STATUTES AND SPECIAL ACTS

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.

354

1881. — Chapter 3.

Barnstable.

Nantucket.

Dukes County.

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."

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.

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,

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.

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

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.

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.

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."

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.

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.

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-

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.

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.

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.

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.

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

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

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.

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.

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

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,

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

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,

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-

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

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.

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

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.

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.

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.

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

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.

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

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.

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-

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.

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

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

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

885

10,635

1,770

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

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.

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

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

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.

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

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

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 illustration, and the fallacy of which was then
thoroughly exposed in the appendix to the forty-second
annual report of our own Board of Education. We may
well be proud that our Commonwealth carries instruction
to all classes, and that the State poor, the deaf and dumb,
the blind, and even the feeble-minded, are carefully taught,
to an extent hardly credible excejit upon observation.

For the preparation of trained teachers there are six
State normal schools, and the State teachers' institutes.
More than one-fifth of our public-school teachers are grad-
uates of these normal schools, and nearly twelve hundred
more have received limited instruction during the year at
the institutes.

Governor's Address. 683

Many of the larger towns have already provided their
schools with special superintendence, and the smaller towns
are beginnino- to form themselves into convenient districts
for the same purpose. It is very desirable that this work
should go on till all the public schools of the State are
under intelligent and advanced supervision.

The Normal Art School is now desirably housed in a
commodious building, which is in a good locality, and
which has been leased for a term of three years at a rea-
sonable rent. It may prove to be a good place for more
permanent location.

It has been suggested that each city and town should be
authorized by law to fix the term of service for which its
teachers shall be elected.

AGRICULTURE.

Our agricultural interests deserve encouragement, so
that our rural population may be retained, our farming
towns saved from falling off, and our farms kept up. The
intelligent attendance at our county exhibitions and agri-
cultural institutes is proof that our farmers are alive to the
demands and opportunities of their calling. Compelled to
a competition with the West, made severer for them by
the very expansion of our railroad facilities for which they
are taxed, they should not be foi-gotten, unless Massachu-
setts is to be crowded into its few cities and large towns,
and devoted exclusively to manufactures and commerce.
It is gratifj'ing to discover a tendency on the part nowa-
days of young men, possessed of capital, to invest it in
farms, not carried on for amusement, but as a matter of
business and profit. It is recognized more and more that
farming, like any other calling, is successful in proportion
to the intelligence, the brains, and the capital invested in
it. This is a promising outlook, alike in view of a re-awak-
ening interest in farming, in the increase of crops, stock
and prices, and in the application of science to agricultu-
ral methods.

The Agricultural College, with a smaller number of
pupils, is wisely keeping its expenses within its income ;
and though cramped by its want of funds which, I trust,
like those of other colleges, will some time be increased by
private munificence, is earning its way to a strong and per-
manent hold on public and legislative confidence. Noth-
ing worse could happen to it, 1 believe, than a renewal of
the spasmodic swing backward and forward from over-gen-

681 Governor's Address.

erons leg-islative bounty to indiscriminate legislative attack,
which formerly attended its career. As at present a school
rather than a university, educating the young men who,
though in limited numbers, attend it, doing all it can wiih
its small income, and not going outside of that into debt,
it is, under the policy to which the Commonwealth seems
now committed, fairly entitled, as well as so many other
interests which have been liberally fostered, to the consid-
eration of the Commonwealth, and to its help whenever it
undertakes any special work that will promote our agricul-
ture.

I renew my query whether the bounties now given by
the State to the county societies cannot in some cases be
used to secure more direct and practical results in behalf
of good farming.

It has been suggested that there should be some more
specific legislation for the investigation and avoidance of
contagious animal diseases affecting beef and pork and
milk, with a view to protect the public against diseased
animal food.

For some special topics which are just now interesting
our farmers, such as ensilage, corn-growing and beet-sugar
making, 1 refer you to the report of the secretary, who a
few months ago was elected by the Board of Agriculture
to fill the vacancy made by the retirement of Mr. Flint
after more than twenty-five years of useful and intelligent
service.

HOOSAC TUNNEL AND TROY AND GREENFIELD RAILROAD.

Anticipating somewhat the manager's report, which will
invite your attention to many important matters, and to a
detailed statement of receipts, expenditures, and earnings,
1 am informed by him, that even at the nearly one-third
lower rate of tolls fixed by the arbitrators in July, 1879,
the gross earnings for the railroad year ending Sept. 30,
1880, show an aggregate increase.

The condition of the road, tunnel, and property gener-
ally, has been greatly improved. Three miles of sidings
have been added, making more than twenty-one in all.
The Braytonville bridge has been rebuilt ; bank-walls,
telegraph-towers, freight-houses, interlocking signals, and
other in)provements have been completed. The union de-
pot at Greenfield is in good progress; and the work at the
central shaft in the tunnel has been carried forward, the
latter however with unreasonable delay by the contractor.

Governor's Address. 685

Tn spite, however, of the expenses attending all these
extensive necessary improvements, and of the wash-out
and land-slides incident to the unprecedented storm of
last July, the total receipts from the road fall short of
the expenditures, as reported to me by the manager, only
$5,782. 76, which sum represents the net cost to the State
treasury for the said railroad year. Taking in the six
piior months, so as to cover the whole period of the pres-
ent management, there is, on the other hand, a net profit
of $13,619. 15. It will thus be seen that the policy so far
has been substantially maintained of keeping the road up
to standard in construction and betterment, but confining
the expenditures for these within the limits of the revenue
derived froui it. Better than this the road is not likely to
do for some time to come, during which the double track,
which is already in progress from the Vermont State line,
must be extended the whole length of the road. When
this is done, and the terminal facilities are furnished at Bos-
ton which the Dock and Elevator Company have already
put in progress, the business of this road will have its oppor-
tunity for unlimited development. But, important as these
improvements are, the present general policy should be pur-
sued of furnishing them as the earnings of the road war-
rant the cost of their construction.

Already the business of the road has largely increased
in the number both of passengers and of freight-ton miles.
An extensive coal carriage has sprung up. The Boston,
Hoosac Tunnel, and Western Railroad opened communi-
cation with the tunnel route a year ago, and the New Ha-
ven and Northampton Railroad is nearly ready to enter it.

Undoubtedly a new impulse has been given to business
and to the commercial development of the road, by the
action which has been taken during the year under the Act
of 1880, authorizing the manager to contract, by direction
of the Governor and Council, with any railroad corpora-
tion for the operation of the Troy and Greenfield Railroad.
Under this act a contract has been made with the Fitch-
burg Railroad Company, by which that corporation is to
operate the road for seven years from Sept. 30, 1880, at
a compensation which shall be the actual expense of said
operation, provision for the ascertainment of which is made
in said contract. Similar contracts have been made with
the Boston, Hoosac Tunnel, and Western Railroad Com-
pany, and are in progress with the New Haven and North-
ampton Railroad Company, and with the Troy and Boston
Railroad Company. The effect has been to give perma-

686 Governor's Address.

nence to the operation of the whole road, and confidence
in it on the part of connecting roads and shippers, and
steadily to increase the volume of business.

The manager forcibly urges the importance of lodging
with the railroad commissioners power to compel connect-
ing roads coming from outside the State, and connecting
with the State's road at the State line, to provide their
trains with the appliances which have become necessar}""
for the safe and prompt movement of freight and pas-
senger trains over the State's road, and owing to the lack
of which accidents have already happened, accompanied
by great loss.

Legislation is also at once necessary to give the manager
controlling authority over the movement of all freight
trains, cars, and engines in the North Adams 3'ard, which
is a converging point for all the roads, and perhaps in
other yards. Unless this authority is in some one hand,
all is confusion and interminable delay.

During the year constant and urgent appeals have been
made in behalf of through freight and passengers for leave
to run regular trains on Sunday, arriving at or leaving
Boston in the middle of the day. As this is secular busi-
ness, not coming under the well-established and judicial
interpretations of necessity and charity, I instructed the
manager that he could not allow the use of the road and
property of the Commonwealth in manifest violation of its
own laws, or afford any relief under them as they now
exist. You alone have power to provide for such cases. •

In view of the admitted fact, that the right to redeem
this property of the State is in the Troy and Greenfield
Railroad Compan3^ and that at present there seems to be
no certain method provided by which that right can be
exercised or secured, it is your duty in equity and justice to
provide one, either through the direct action of the legis-
lature in an adequate manner, for I recognize that the
matter is now in your control, or, which seems to me
right, by authorizing a resort to the Supreme Judicial
Court in such a manner as to preserve the rights of both
parties. What course shall be pursued in that respect,
it is for you to decide ; but it is certainly just that this
mortgagor should by your action be enabled to exercise
or have the full benefit of redemption, which was j)re-
served to it by the Act of 1862. The (luestion will occur,
whether the legal relations of the parties have been mod-
ified in any way by the consent, express or implied, of
either of them, and whether the party having the right to

Governor's Address. 687

redeem has not so acted with full knowledge of the facts
attending the progress of the tunnel, and so acquiesced in
the manner and course of its construction, allowing the
Commonwealth to make its immense outlays for the suc-
cessful completion of the work without objection or protest,
that it is now fully entitled to be repaid, in accordance
with general legal principles, what it has thus expended
in good faith under the advice of competent engineers,
with all the light afforded at the time by the highest intel-
ligence on the subject, and while carrying out, consistently
with the general original project, those scientific and prac-
tical methods and plans which then seemed reasonable in
connection with an enterprise of unknown and unparal-
leled magnitude and difficulty. Where, also, in the same
good faith and in the necessary development of the work,
changes were made from the original project, as in the
location of the railroad, or the size of the tunnel, which
subsequent experience has shown to have been wise and
beneficial, and to which the mortgagor with full knowledge
made no objection, it is claimed that the Commonwealth
should, in accordance with the principles of law applicable
to such a state of facts, be compensated for the proper
cost of such changes and enlargements, if the mortgagor
expects to come into possession of them, and enjoy all the
profitable results accruing from them. While the Com-
monwealth should so act as to secure justice to the Troy
and Greenfield Railroad Company, it should insist on jus-
tice to itself.

The following is a statement made to me, by the auditor,
of the receipts and expenses of the Troy and Greenfield
Railroad and Hoosac Tunnel : —

EXPENSES.

Paid from the income .... $178,251 19
Paid from the fund .... 92,302 60
Paid from the treasury .... 6,075 66

Total 1276,629 45

Add interest 709,627 78

Paid during the year ' . $986,257 23

RECEIPTS.

From earninofs $239,295 69

From rents, etc 28,699 17

267,994 86
Net payments in 1880 $718,262 37

688 Governor's Address.

COST OF THE TUNNEL.

Net cost Jan. 1,1880 5^19.") I.T^.Q 94

Add net payments in 1880 7 "^-^ 37

Netcost Jan. 1, 1881 ^0,241,842 31

The 3'ear here referred to is the calendar year ; while
the manager's report covers, I take it, the railroad year,
which ends Sept. 80.

HARBORS AND PUBLIC LANDS.

The sales of land on the Back Bay during- the year
amount to $315,053.60 ; those at South" Boston to '^^1,109,-
419.20. There has been received for tide lands occupied
by structures licensed, '$27,484.82.

The increase of foieign commerce at the port of Boston
has been large, and the pi'essure upon the facilities for it
greater than ever before. Active measures are in progress
to accomplish the improvements at Charlestown and at
the North End wharves which were made possible by the
modification of the harbor lines last year. At East Boston
the facilities have been materially improved and extended;
but the commissioners will present for your action a pro-
posed important change in the harbor line to permit a
further increase of accommodation for foreign steamers at
this point. At South Boston, upon the land sold to the
New York and New England Railroad Comiiany, the work
of its preparation for their terminal facilities has been vig-
orously pressed. It was a good sale, and it is only just to
the commissioners to say that it is due to them that the
Commonwealth received so satisfactory and so justly large
a price for this land. It is reasonable that an allowance
be i)aid them for their special services, exceeding, as they
certainly did, the requirements contemplated in their usual
and present per diem compensation, which, perhaps, should
more properly, as in the case of other similar commission-
ers, be changed to a fixed salary. The price of the land
was $1,108,165, of which the first instalments, amount-
ing to $46,633, have been promptly paid aceortling to the
statute.

This rapid absorption of our present harbor facilities,
together with the work of the New York and ^ew Eng-
land Railroad Company on the one hand, and of the Dock
and Elevator Company on the other, and the immense
business that is pouring by every railroad into the port of
Boston, give striking promise for the commercial future of

Governor's Address. 689

Massiicliusetts, and suggest the necessity of the largest
knowledge and wisdom on the part of the commissioners
in the development of the remainder of the flats property
of the Commonwealth, which is by no means exhausted,
and of Avhich, when filled, the few acres already sold are
but a small fraction. It therefore seemed to me important
that the commissioners should be able to act in the light
of what has been done in the great commercial ports of
the world. As the best method of obtaining full informa-
tion, one of the commissioners has visited some of the lead-
ing ports of Europe, and examined very fully the system
of wharf and dock administration at Liverpool, and, as
fully as time would permit, the works of a similar charac-
ter at London, Amsterdam, Rotterdam, and Antwerp. I
believe the information obtained, which will be laid before
you, will be of service to the commission in its general
work as well as in its special application to the develop-
ment of the Commonwealth's property.

The commissioners have given attention to the various
measures proposed for the improvement of Charles River
basin, and will present in their report some recommenda-
tions in relation to the several plans therefor.

OUR COMMERCIAL AND SHIPPING INTERESTS.

I believe it is worth while for you to consider the rela-
tion of the manufactures of Massachusetts to foreign com-
merce; to provide for representation at international
industrial exhibitions: and, in connection therewith, to
inquire by what means our shipping interests can be pro-
moted. These are matters, indeed, of national concern ;
but there is no reason why, in our own way, we should not
improve every possible method of stimulating the distri-
bution of those products of our own labor with which our
provsperity is so closely identified, and of securing a full
share in the profits of commercial transportation, foreign
and domestic.

RAILROADS.

A chromatic provision is in our railroad law. Every
man is entitled to the possession of his property, except
as it is needed for public use. But the general railroad
law permits any set of men to take the property of our
citizens for the construction of a railroad, without any
adjudication that it is needed. The very persons who pro-
pose to take it are permitted to be the sole judges of the
necessity for so doing. If the municipal authorities refuse

690 Governor's Address.

to grant a route through any city or town, tlie raih-oad
commissioners are compelled to grant it, even if they be-
lieve their action will thereby cause unmitigated injury
to that community.

If this law is constitutional, it ought not to be ; for it is
opposed to the spirit of the constitution, and exposes pri-
vate property to condemnation to private schemes and use.
It opens the door to gross abuse.

I therefore urge that it be so amended that some tribu-
nal shall decide that a public necessity for a railroad exists,
before land can be taken for its construction. I think of
no better tribunal for that purpose than the Board of Rail-
road Commissioners. Certainly the public interest could
hardly suffer from the refusal of such a tribunal to grant
new routes, for there could always be an appeal from it to
the legislature.

THE MILITIA.

The organization of the militia remains the same. The
authorized force is 334 commissioned officers, and 4,436
enlisted men. The total number last reported in actual
service is 312 officers, and 3,854 men. The expenses in
1880 were some ^135,000, against #131,807 in 1879; the
small increase being due to the greater number of enlisted
men in 1880, and to their better attendance at inspection
and camp. About -f7,000 of the expenses of last year are
chargeable, too, not to the militia, but to the bureau of
records and war claims.

Of the special appropriation of 8112,000 for new uni-
forms, about -$108,000 has been spent. From the sale of
old uniforms, it is estimated, tliat, after deducting certain
authorized expenditures payable therefrom, there will still
remain some $7,000 to be turned into the treasury.

The contract for the new uniforms was promptly and
well executed. They were accepted only after thorough
inspection. They are serviceable, and add to the good
ai)pearance and efficiency of the troops.

The militia again deserves commendation. In drill and
discipline, in the character and conduct generally of its
members, officers and men, and while under inspection
and in camp, it has entitled itself to renewed respect and
confidence, and can be counted on for good service. It
has again commanded in terms of yet greater praise the
commendation of Brevet Major-Cxen. Arnold, U.S.A., Avho
ijis[)ected each brigade at its annual muster last fall.

The Adjutant-General reports that some of the records

Governor's Address. 691

of our soldiers in the late war are so worn out by constant
use that copies of them ought to be made.

I call your attention also to the instructive report of the
Surgeon-General.

STATE AID.

The Commissioners of State Aid report to me, that, in
their opinion, no changes are advisable in either of the
niilitar3'-aid laws which are now in full operation, and
which do justice at once to our needy soldiers and their
families, and to the State. Municipal authorities, after
much unavoidable confusion in at first proceeding under
the new laws, are now disbursing the aid authorized by
them systematically and economically ; and the opinion is
general that both of them are well adapted to the end in
view, and that fresh alterations would tend only to pro-
duce fresh embarrassments.

Under the Acts of 1877 and 1878 the amount reimbursed

to cities and towns in 1879 was i^525,688 22

The amount reimbursed in 1880, on account of payments

made under existing laws, was 397,819 82

A saving to the Commonwealth of . . • . $127,868 40

INSURANCE.

The business of legitimate underwriting, always an
important factor in the commercial and industrial interests
of the country, exhibits indications of returning prosperitj^
particularly under its stronger and more conservative man-
agement. The magnitude of its volume, and the growing
importance of its financial relations, claim and should
receive intelligent and impartial consideration.

The companies of all classes now authorized in Massa-
chusetts have written during the past year more than
$8,000,000,000 in risks on property and lives, their ad-
mitted assets amounting to 1*560,000,000, including nearly
$75,000,000 of paid-up cash capital. Of this immense
business, Massachusetts companies alone wrote neai-ly one-
eighth of the aggregate amount, with $55,000,000 of cash
assets, and $9,000,000 of invested capital. An interest so
large and so intimately identified with public and private
welfare will hardly fail to suggest the necessity, of equi-
table and fostering legislation, both for the protection of
the insured and the insurer. But with the voluminous
enactments already upon our statute-books affecting insur-
ance issues, it is anticipated that additional legislation will

692 Governor's Address.

not be found necessary, unless perhaps for the amendment
of the details of such existing provisions as appear to be
defective, inequitable, or ambiguous in some particular.
For instance, it is claimed that the statute of last year
which re(]uires the use of the standard policy prescribed
in the Act of 1S73 needs some amendment to reconcile it
in all points with that act and with other existing statutes.
In this whole matter the report of the commissioners on
the codification of the statutes will perhaps materially
facilitate any needed legislati<jn.

The number of companies transacting business within
the Commonwealth is substantially unchanged, the few
retiring from the field having been followed by the coming-
in of others. In addition to those heretofore reporting to
the insurance department, upward of one hundred more
are likely to be included under the legislation of 1880,
relating to charitable and beneficiary associations doing a
life-insurance business. The triennial examination of insur-
ance companies, organized under the laws of the State, is
nearly completed, as required by the statute of 1871 ; and
another triennial examination will be very soon commenced,
thus as far as possible securing official knowledge of their
financial condition.

LABOR AND THE DISTRICT POLICE.

The statutes concerning labor and the schooling and
employment of children have been enforced throughout
the State. The inspectors have aimed to secure uniform
compliance with the laws, and have generally met with
co-operation on all hands. Such a result is calculated to
promote the welfare alike of cai)ital and lal)or in connection
with the great and growing industries in which both are
interested.

In this connection, I again call attention to the advisa-
bility of exempting from attachment wages due for labor.

The Act of 1877, relative to the inspection of factories,
is said to need an amendment to provide for its enforce-
ment.

The district police rendered good and discreet service in
Sandwich, in allaying the troubles which at one time
threatened to result from the swindle perpetrated upon
several hundred poor Italian laborers, who had been im-
ported into the Commonwealth by the f(U'eign ('(Uitractors
of the Cape Cod Ship Canal Company, cheatctl out of
their earnings, and left destitute. In accordance with the

Governor's Address. 693

statute they were provided with food, and returned to the
State Irom which they came, by an officer of the Board of
Health, Lunacy and Charity.

ELECTION RETURNS.

I call your attention to the great number of errors in
the returns of votes at the last State election, as made by
town and city officers, and the need of means for correct-
ing them, so that the manifest will of the people may not
be denied by the gross carelessness of their servants. The
executive council, in canvassing the returns, should have
power to summon in the returning officers and their rec-
ords, in order to correct the errors that so frequently
occur, most of which are the result of blundering tran-
scription. No pains should be spared to secure every
voter the counting of his vote for the candidate for whom
it was clearly intended, notwithstanding there may have
been, in ballot, record, or return, the misspelling of a name
or of a residence, or some other patent slip of the pen,
capable, on inspection, of easy rectification. A statute of
the State of Maine in this behalf is worthy of your notice.

Nor can I forbear to refer to tiie circumstances attend-
ing the recent municipal election in the city of Boston,
which, if correctly reported, make it peremptor3^ that you
provide new safeguards for casting, keeping, and counting
the ballots.

LIQUOR LEGISLATION.

I renew my recommendation of a year ago, that the
question, whether or not licenses shall be granted in any
municipality for the sale of intoxicating liquors, be here-
after determined by popular vote, and not left, as at pres-
ent, to a municipal board. Otherwise, the popular will
is not sure of expression. In many towns, also, municipal
officers are chosen on the sole issue of their position on
this one question, without reference to the great variety
of other and important interests to which the valuable
services of experienced and competent servants are thereby
often lost. 1 hope you will make this change on its own
merits, unembarrassed by connection with any other ques-
tion.

I recommend that the screen law passed at the last ses-
sion be made compulsory.

As the owner of real estate has been relieved from the
obligation to pay damages occasioned by the sale of intox-
icating liquors by licensed dealers, it would seem wise to

694 Governors Address.

require the latter to give bonds for the payment thereof.
Those now required by law are inadequate.

I again suggest the propriety, in the laying of indict-
ments on file, of giving our judges a supervision of their
disposition.

Holding the same views as last year, I cannot forbear to
call your attention generally to the terrible evil of intem-
perance, and its devastation of crime, insanity, and pauper-
ism. 'Jlie public mind is afresh awakened to its gravity,
and ready to sustain any healthy movement for its sup-
pression. There is a growing demand, shared by men of
all shades of theoretical opinion, that whatever be the law
in this matter it should l)e honestly enforced, and that,
just as far and as fast as possible, the dram-shop should be
rooted out, in the interest alike of good moials and of the
material welfare of capital and labor. The Bureau of
Statistics has during the year added to its admirable work
by conducting an original inquiry into the causes of crime.
It has made a personal investigation of every case in the
nine criminal courts of Suffolk County, which were se-
lected as a sample ; and the result constitutes the strongest
indictment against the use of intoxicating liquors that has
been diawn. Of the 16,897 cases, more than seventy-two
per cent, were for the various grades of drunkenness ; and,
in addition to these, more than twelve per cent, were of-
fences committed by persons under the influence of liquor,
leaving only some fifteen per cent, of crime to represent
what would be about the total amount, but for the use of
intoxicating liquors. These statistics are important as pre-
senting this subject in the economical light of its relation
to the industrial interests of the Commonweal tli and of
an appeal to those who depend upon them, whether as
employed or employers. They will be laid before you in
due course, and, I trust, will receive your attention.
They cannot fail to impress, not only the moralist, but,
in view of the enormous waste they suggest, the econo-
mist, the manufacturer, and the workingnian also. The
more sobriety, the greater the dividend of capital and the
wage of labor. Can it be that good morals, wise economy,
the spirit of mutual help, the love of accumuhition, and
the light of domestic happiness, will not see tlieir common
interest in a more united effort to su])press this common
evil y

Speaking of the enforcement of the law, it is too true
that in many places the officials specially charged with its
enforcement are more a shield than a sword to its viola-

Governor's Address. 695

tion. Though not in sympathy witli the principle of giv-
ing the sanction of the State to the sale of intoxicating
liquors, I am sure it is to be regretted, that, if a license law
exists, it cannot have the vigorous and faithful test of en-
forcement. To this its advocates are certainly bound.
That it can be enforced is manifest in view of the enforce-
ment of other special laws, such as the revenue statutes of
the United States, or our own statutes concerning the
hours of labor or the schooling of factory-children. But
for these there exists a special force, while none exists for
the enforcement of the license law. Of the sixteen mem-
bers of the State district police, five are assigned to
special work, and the other eleven are the officers of the
various district attorneys, and are constantly employed by
them in general criminal business. Give the chief of this
force, however, fifty men for the purpose of enforcing the
license law, and he is of opinion that he can enforce it,
stop all violations of its provisions, and thus not only pro-
tect in part the community, but protect in full those deal-
ers in liquor who honestly comply with the statute. I do
not recommend the special creation of such a force. The
career of the old State constabulary is proof that it would
not command public confidence or escape the charge of
corruption. But I do suggest to you whether you cannot
at once secure all the virtue of the services of such a force,
and avoid the danger of its corruption, by authorizing the
chief of the State district police to draft from the police-
officers of cities and the constables of towns any number
of men, not exceeding a certain limit at any one period,
for occasional duty in enforcing this law, taking care to
vary his selection from time to time. It would be im-
possible to corrupt such a force, unless the injustice were
done every police-officer and constable in the Common-
wealth of presuming that they could all be bribed at once.
It would put the responsibility of the enforcement of the
law on one executive officer ; it would be sustained by the
community at large and by the law-abiding liquor-dealers,
and opposed only by the defiant violators of the statute.

TAXATION.

I took occasion, a jear ago, to refer to the subject of
just and equal taxation. With the same views I again
commend the subject to your consideration, believing that
you may take one step toward escape from double taxa-
tion, and should at present take but one, and that best,

696 Governor's Address.

both as a test and as a matter of actual relief, in the mat-
ter of mortgages.

CONSTITUTIONAL AMENDMENTS.

I trust you will agree to a resolve for a constitutional
amendment which was agreed to last year, an<i which pro-
vides that " no person having served in the army oi navy
of the United States in time of war, and having been hon-
orably 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."

I desire to again record myself as seriously questioning
the wisdom of another constitutional amendment, which
provides for biennial elections of State officers, sena-
tors, and representatives, and a resolve for which was also
agreed to last year, and now awaits your action.

EXECUTIVE OFFICERS.

I am of the same opinion as last year as to the advan-
tage and economy of an executive council composed of
the elective heads of depanments, rather than as now con-
stituted. Speaking of these officials, I recommend that
you give them seats in the legislature, with the right to
speak upon questions affecting their departments, but, of
course, without the right to vote. This could not but aid
legislation. In this connection it is worth your while to
consider, taking advantage of the first-rate condition of
the civil service in this Commonwealth, whether you
should not give the sanction and safeguard of law to the
present custom of permanence in appointive office during
good behavior.

WOMAN SUFFRAGE.

I believe that the State is made more secure in propor-
tion as every member of it of mature age and sound mind
has a voice in its administration, and that no one class
anywhere can be safely intrusted with the irrespon^^ible
keeping of the rights of any other. TJie restrictions on
suffrage, and upon the right of each citizen to cast one
vote and have it counted, should, therefore, be as light,
and the safeguards of that right as strong, as possible. It
is for this reason, as well as because suffrage is a right and
not a grace, that, in my judgment, women, paying taxes
as they do, and with their personal intercbts and property

Governor's Address. 697

subject to legislation, should secure by an amendment to
the constitution the right to vote, and thereby have a
voice in the imposition of taxes upon their property, and
in tlie making of laws that affect their lives, liberty, and
happiness.

THE judiciary.

The docket of the Supreme Judicial Court is still over-
crowded, and, for the expedition of the public business,
needs relief. It is a matter for your consideration. I
have no suggestion to make, unless it be the creation of
the office of Vice-Chancellor, or my suggestion of last
year of transferring to the Superior Court all causes of
marriage, divorce, and alimony, as well as petitions for the
support of the wife under the Act of 1874.

DIVORCES.

Complaint is made of a startling increase in the number
of divorces. Possibly it would be some check to this if
the party, against whom a divorce is granted, suffered a
penalty. It would tend to prevent collusive divorces, as
well as those which the persons against whom they are
asked are too indifferent, or too glad at the prospect of
marital escape, to defend. Another suggestion has been
made that, in libels for divorce, it would be well to com-
pel both parties to testify. This, however, would require
some attorney to represent the Commonwealth, at least in
the preparation of interrogatories to be used in taking the
deposition of an absentee.

CAPITAL PUNISHMENT.

I feel it my dut}'- to call your attention to the matter of
capital punishment. It is an outrage on human sensibili-
ties ; it is out of accord with the spirit of the age ; it has
undoubtedly, in many cases, induced juries to acquit men
who, although really guilty of murder in the first degree,
have thus gone unpunished ; and nothing can justify it
but the conviction which is in the public mind, and which,
I admit, affects my own mind very differently the moment
I look at the matter under a sense of official responsibility,
that the dread of this extreme penalty is a safeguard to
life. If, however, a change in the law were found to be
attended with an increase of capital crime, the present
penalty could be restored at any subsequent session of the
legislature. It has occurred to me, and I suggest to you,

698 Governor's Address,

that some of the objections on cither side might be met bj
providing that whenever a person is found guilty of mur-
der in the first degree, and the jury, in rendering the
verdict, recommend him to mercy, the penalty shall he
imprisonment for life, and, if you had the power, I should
add, without hope of pardon except as the court might
find ground to grant a new trial. Under such a law, the
fear of capital jDunishment would still stare the murderer
in the face ; juries would not be deterred from finding
guilt in cases in which they would hesitate to find it if its
23unishment were sure to be death ; the one tribunrfilT
which, above all othere, reflects the sentiment of the com-
munity, would have the determination of the matter in
its hands ; and finally, I am frank to say, I think it would
tend to put hanging out of fashion, even while it pre-
served the terror of the death-penalty.

For, if capital punishment is to be inflicted, some less
revolting^ less demoralizing, and more scientific method of
inflicting it than that of hanging ought to be adopted.

UNITED STATES SENATOR.

Another duty that falls on your session is the choice of
a United States Senator.

THE CONSOLIDATED STATUTES.

A resolve was passed in April last for the consolidation
and arrangement of the statutes of the Commonwealth by
three commissioners to be appointed by the governor. A
similar work, begun in 1855, was completed some twenty
3'ears ago. The present commissioners will probably make
their report on or before the 1st of xVpril next; and I trust
that it will be accepted or rejected in accordance with
the above-mentioned resolve. In it, however, should be
incorporated such general statutes as you shall pass. I
recommend, therefore, that, bringing the business of your
session in all other respects to a close as soon as possible,
you take a recess long enough — and a xery short time
ought to be enough — to enable the commissioners thus to
incorporate them. On re-assenibling, — at which time it
seems desirable the commissioners should sit with you for
easy access, — the leport could be accepted or rejected as
above witliout delay. There certainly should then be
nothing like an extra session, or one of mtn-e tJian a few
days. It would, of course, be remarkable if no errors
should occur in such an extensive work; but the number

Governor's Address. 699

will be less than if, in the haste of a few weeks, the whole
legislature should enter on the entangling task of revising
the revision. It is one of those things where a good deal
must be trusted to those charged with the responsibility.
Fortunately, those persons in this case are men who have
labored with great ability and carefulness, and in whom I
believe entire confidence is had on all hands.

It will be necessary for you to determine when the con-
solidated statutes shall take effect. If you fix the first
day of next January as the day, any error meantime dis-
covered can be rectified by your successors, who will be in
session very near that day. You will also provide for an
index, which can be made after you adjourn. That the
recess to which I have referred may be as brief as possible,
it is desirable that all general acts passed by you before it
begins l)e framed with reference to their incorporation at
once by the commissioners in their report.

An engrossment of the new statutes on parcliment
seems to me to be unnecessary. If, however, you think
otherwise, I presume you can arrange to have this also
done after your final adjournment.

XORKTOWN.

During the year will be celebrated, at Yorktown, the
centennial anniversary of the triumph of the fight for
American independence. Massachusetts bore such a dis-
tinguished part in this event, as well as throughout the
war, Gen. Lincoln receiving the sword of Lord Corn-
wallis, that I trust you will make proper provision for her
participation in the proposed commemorative exercises. I
shall be happy to transmit the report of Col. Lincoln, of
the staff of my predecessor, who was deputed by him to
confer with the authorities having this matter in charge,
and who, at my request, has attended their recent meet-
ings.

THE COWPENS CENTENNIAL.

By a resolve of last year the Governor was authorized to
subscribe two hundred and fifty dollars in behalf of the
Commonwealth toward the cost of a memorial column to
be erected on the Cowpens battlefield, in South Carolina,
by the joint contribution of the thirteen original States.
That sum has been sent to the chairman of the Cowpens
Centennial Committee, and its receipt cordially acknowl-
edged by him.

700 Governor's Address.

additional accommodation for state offices.

By a resolve of last year the executive department was
authorized to purchase land near the State House. Notice
was given and offers invited ; but, no opportunity for such
a purchase that would fulfil the conditions of tlie resolve
having occurred, no occasion has arisen for exercising the
discretion which it conferred.

THE RHODE ISLAND BOUNDARY.

The executive transmitted to your immediate predeces-
sors a communication from the Governor of Rhode Island,
together witli certain resolves of that State, relating to the
northern boundary between it and this Commonwealth.
Although by the journals of the Senate and House of Rep-
resentatives of last year, it appears that the matter was
referred to a joint committee of these two branches, no
further legislative action seems to have been taken ; and
your attention is respectfully called to that fact.

FINANCIAL.

As I said a year ago, your session well ma}-, and ought
to be, brief. You will certainly do nothing to lower the
standard of economy or efficiency. Wherever the treasury
can be guarded, wherever the great interests of the people
of the Commonwealth can be promoted, there is your duty
and mine. The public debt, but for the interest on which
no general State tax would be necessary, must not be in-
creased by a single dollar. With emphasis, too, let me now
add, your influence should go to check al] municipal in-
debtedness, to encourage its swift reduction, and to sustain
the law for its limitation. Our total tax, which is mainly
municipal, is more than three times what it was in 1861,
though neither our total population nor valuation has quite
doubled. In this connection, I sympathize with the de-
mand for a statute providing that school committees and
all other official boards shall confine their expenditures
within the limits of the appropriations made by the money-
raising authorities. To lodge, or to seem to admit, an indi-
rect power of taxation in one or more bodies, in addition
to the body of the people of a town, or the cit}' council of
a city, is not in accordance Mith our constitution, and is an
accumulation of the means of burdening the tax-payer, not
to be countenanced. In the long run, too, it is better
policy, even in the interest of beneficent public expend!-

Governor's Address. 701

tnres, to trust the popular generosity than to attempt to
compel it arbitrarily.

If there is less opportunity than formerly for specific re-
trenchment, let us specially avoid the risk, that always
attends a reviving prosperity, of committing the Common-
wealth to extravagant outlays, or participation in under-
takings foreign to the limited purposes of a state. Even
while the commonplaces are on our lips in which we speak
of that era of inflation and wild speculation which is so
fresh in our memories, it takes no very keen discernment
to see that a similar madness is already in the air.

Senators and Representatives :

Congratulating you upon the honor conferred upon you
by your fellow-citizens, and wishing you a useful and in-
teresting session, I detain you onl}'- to say that I shall be
glad to co-operate with you in the discharge of our common
duty as servants of the Commonwealth.

702 Special Messages.

SPECIAL MESSxVGES.

THE FOLLOWING SPECIAL COMMUNICATION'S -WKKE MADE BY HIS

EXCELLENCY THE GOVERNOR TO THE LEGISLATURE

DURING THE ANNUAL SESSION.

[To the Senate and House of Representatives, Jan. 11.]

I have the honor herewith to present, in compliance with
Chap. 50 of the Resolves of 1860, a report of the pardons
issued by the Governor and Council during- the year of my
administration just passed. The number of convicts thus
discharged is thirty-eight, of whom twelve were in the
State Prison, twenty-two in houses of correction, two in
the Reformatory Piison for AVomen, and two in jails. Fatal
or extremely dangerous sickness was the controlling rea-
son for pardon in eighteen cases, and information has been
received of the death of ten of the eighteen persons so
pardoned.

With a single exception, every pardon granted contained
the condition, that, if the person to whom it was issued
should, before the expiration of his sentence, be convicted
of any crime punishable b}' imprisonment, he should be
held to serve out the remainder thereof. In the excepted
case the condition was waived, because the sentence was
itself erroneous.

No. 1. Bernard Cain. Convicted of arson, in tlie
Superioi' Court, Worcester County, and sentenced Nov. 1,
1869, to the State Prison for life. Pardon was asked for
on the ground of fatal sickness ; and, on the 24th of Jan-
uary, 1880, upon the certificate of the prison physician,
and a personal examination by a member of the Council,
it was granted. He died Aug. 1, 1880.

No. 2. John Holmes. Convicted in the South Berk-
shire District Court, Dec. 5, 1879, of violating the license
law. Fined $50 and costs ; and, in default of payment
thereof, committed to the House of Correction for three
months. Pardoned Jan. 27, 1880. Holmes was veiy old

Special Messages. 703

and in feeble health; his crime was selling cider; it was
his first offence ; he was too poor to pay the fine which was
the smallest possible; his pardon was asked for by the se-
lectmen of the town (Egremont) in which the offence was
committed, and recommended })y the judge who sentenced
him.

No. 3. Jeremiah Twomey. Convicted in the Su-
perior Court, Essex County, Oct. 31, 1879, of assault, and
sentenced to the House of Correction for two years. Par-
don granted Jan. 28, 1880, after a personal examination,
on the certificate of the physician of the House of Correc-
tion that the convict was in consumption; that his recovery
was impossible; and that he v/ould soon be too feeble to
be removed. He died March 20, at his home in Newbury-
port.

No. 4. Cornelius Sullivan. Convicted in the Supe-
rior Court, Bristol County, Oct. 29, 1878, and sentenced
to the House of Correction for two years. Pardoned Jan.
30, 1880, on account of imminent fatal sickness, at the re-
quest of the district attorney, and on the certificate of the
physician of the House of Correction. He died soon after.

No. 5. James Cassidy. Convicted in the Boston Mu-
nicipal Court, Jan. 19, 1880, and sentenced to the House
of Correction for six months. Soon after his commitment,
Cassidy was found to be suffering from Bright's disease.
Symptoms followed presaging death ; and, upon a certifi-
cate to that effect from the physician, and a personal visit
to the convict by several members of the Council, a par-
don was granted Feb. 6, 1880.

No. 6. Thomas O'Reilly. Convicted in the Lawrence
Police Court, Jan. 26, 1880, of drunkenness, and sentenced
to the House of Correction for three months. A pardon
was granted Feb. 27, 1880, because recommended by the
clerk of the court by which he was tried, by the judge
who imposed the sentence, by the city marshal who arrest-
ed the prisoner, and by the county commissioners, who,
at first supposing they had jurisdiction over so light an
offence, investigated it, and certified, that, but for some
doubt as to their jurisdiction, they would have released him.

No. 7. Margaret Rothers. Convicted in the Su-
perior Court, Suffolk County, Oct. 13, 1874, of felonious
assault with intent to rob, and sentenced to the House of
Correction for seven years. (Subsequently transferred to
the Reformatory Prison for Women.) Pardoned March
10, 1880. With the allowance for good behavior, only
nine months of her sentence remained. The prison com-

704 Special Messages.

missioners, under Chap. 229 of the Acts of 1879, in view
of the excellent conduct and record of this convict, had
bound her out to service in the family of a Mrs. Baldwin
of Cambridge. This contract was terminated by the death
of Mrs. Baldwin. Rather than remand the convict to the
prison, and with a view to carry out the intent of the com-
missioners, she was, by their advice and at their request,
pardoned, on condition that she return at once to her home
in the British provinces.

No. 8. Daland M. Perry. Convicted in the Supe-
rior Court, Middlesex County, Nov. 1, 1878, of larceny,
and sentenced to the House of Correction for two years.
Pardoned March 16, 1880, on the certificate of the physi-
cian of the House of Correction that continued confine-
ment would endanger his recovery. The pardon was
recommended also by the district attorney, and by the
selectmen of Natick, where the offence was committed.
Perry was only seventeen years old at the time of the
crime.

No. 9. David Phillips. Convicted in the Superior
Court, Hampden County, Dec. 10, 1879, of larceny, and
sentenced to the House of Correction for eighteen months.
Pardoned April 6, 1880, on account of sickness which
threatened to be fatal, upon the recommendation of the
prison physician. Dr. Gaylord, as well as of Dr. Gilfillan
of Northampton, and also of the district attorney and of
the sheriff of the county.

No. 10. Charles H. Sweetser. Convicted in the
Superior Court, Middlesex County, and sentenced to the
State Prison, Feb. 26, 1877, for an attempt to break and
enter, for three years, and for having burgLars' tools in his
possession, two years more. Pardoned April 21, 1880.
The district attorney reported that the two offences were
" really but one offence, and that an attempt only," and
also said he was "of the opinion that the first sentence of
three years was sufficient." There was no trial; Sweetser
pleaded guilty to both indictments ; and the Council were
convinced, that, had the Court been asked to sentence him
on the first and lay the other on file, that would, in view
of his previous good character, and of its being his first
offence, have been done. Sweetser, therefore, liaving fully
served his first sentence of three years and some two
months over, a pardon was granted.

No. 11. Cornelius Crowley. Sentenced in the Su-
perior Court, Hampden County, Dec. 4, 1876, to tlie State
Prison for ten years, for rape. Pardoned April 22, 1880.

Special Messages. 705

New evidence was put before the committee on Pardons
not produced at the trial, in the form of affidavits from
thorou$>hly trustworthy citizens of Westfield, which showed
that right after the alleged time of the commission of the
crime of rape, the parties were seen walking together arm-
in-arm, under such circumstances as precluded the proba-
bility of the previous violence alleged. Three of the jury
certified that upon the new testimony they would not have
agreed to a verdict of guilty. The district attorney certi-
fied that the affidavits "are from respectable citizens, some
of whom I know personally ; and I can have no doubt as
to the truth of their statements in this particular." Both
parties seem to have been of a character not above re-
proach ; but, whatever the crime of which they were guilty,
there is such grave doubt of the prisoner's guilt of the
crime of rape that a sentence of ten years is excessive,
and could not have been imposed had the facts appeared.
The term of more than four years which the prisoner had
already served was as much as he deserved. Other facts
bearing on the case are that at the trial the defendant had
no testimony except his own ; that at the original hearing
before the trial justice the complainant denied emphati-
cally that the crime of rape was actually committed, but
claimed that only an attempt thereto had been made ;
whereas at the trial in the Superior Court she testified
that rape was actually committed. She also testified there
that she was not acquainted in Westfield, whereas it ap-
peared to the Committee on Pardons that she had pre-
viously lived in Westfield, and was well known there. The
counsel who appeared for the defendant in the Superior
Court testified that he was not called into the case until
the moment it was called for trial.

No. 12. Sakah J. Barker. Sentenced in the Supe-
rior Court, Suffolk County, Jan. 19, 1880, to one year in
the House of Correction, for adultery. Pardoned April
23, 1880, solely because of sickness which threatened to
be fatal. The prisoner, in the last stages of consumption,
was pardoned for the purpose of being removed to the St.
Elizabeth Hospital, where proper provision had been made
for her.

No. 13. William Waters. Convicted Nov. 14,
1879, in the Superior Court, Middlesex County, and sen-
tenced to the House of Correction for nine months, for
larceny. Pardoned April 23, 1880. The offence did not
appear to be a grave one, and, more than half the term of
imprisonment having expired, Waters was pardoned be-

8<J

i06 Special Messages.

cause of the birth of a child since his sentence : the death
of the person who was the sole support of his wife and
three children, of which the oldest was but three 3'ears
of age ; their extreme destitution, being dependent on
charity ; and the fact that employment had been promised
for him upon his release.

No. 14. William Cook. Sentenced June 12, 1876, to
the State Prison for life, for murder in the second degree.
Pardoned April 30, 1880, being in the very last stages of
consumption, and his famil}- taking him home, where he
died a few days after his discharge.

No. 15. Amos Smith. Sentenced in August, 1878, in
the Superior Court, Suffolk County, to tlie House of Cor-
rection for two years, for larceny. Pardoned May 5, 1880,
on a certificate of the pln'sician, solely because of imminent
death by reason of cancer in the stomach. He died June 24,
1880.

No. 16. Bridget Cullen. Sentenced Nov. 1, 1879,
in the Police Court of Lawrence, to the House of Correc-
tion for two years, for assault and battery. Pardoned
May 5, 1880, on the statement of the justice who imposed
the sentence that it was erroneous, and should have been
limited to six months. This w^as confirmed by the opinion
of the Attorney-General; and, six months having expired,
a pardon was issued.

No. 17. John Haley. Sentenced Nov. 5, 1879, in the
Superior Court for the County of ^Middlesex, for fifteen
months in the House of Correction, for assault. Pardoned
May 25, 1880, the committee being satisfied that the sen-
tence was excessive, the district attorney having reported
that he believed Haley "guilty only of simple assault, and
under circumstances of a somewhat extenuating nature;"
and, furtlier, that he was " surprised at the length of the
term of imprisonment, and should have been satisfied with
six mouths," more than which had expired.

No. 18. James Griffin. Sentenced in October, 1879,
in the Superior Court, Essex County, for eighteen months
in the House of Correction, for larceny. Being mortally
sick, he was pardoned June 10, 1880, and died on the
fourth day after.

No. 19. Angelo Mainini. Sentenced Jan. 9, 1880, in
the Police Court of Gloucester, to four months in the
House of Correction, and to pay a fine of 8125 and costs,
for violation of the liquor law. The term of imprison-
ment having expired some six weeks before, since which
time the convict had been detained for the fine, the fine

Special Messages. 707

was remitted June 15, 1880. The remission w<as recom-
mended by the judge who imposed the sentence, and by
other citizens of Gloucester, on the ground of the sufficient
punishment already inflicted, and of JNIainini's inability,
from extreme poverty, to pay the fine. The city marshal
appeared, and waived objection.

No. 20. Daniel Mahoney. Sentenced June 25, 1879,
in the Superior Court, Middlesex County, for one year
in the House of Correction, and to pa}^ a fine of ilOO and
costs, for violation of the liquor law. The year, Avith the
allowance under the statute, expired June 13, 1880. Fine
remitted June 15, 1880, the convict having served his sen-
tence, and the judge who originally imposed the sentence,
and other citizens of Maiden, recommending the remission
on the ground of the ample punishment secured b}^ the im-
j)risonment, the limited means of Mahoney, and the sick-
ness and distress of his wife and children. The chief of
police who caused the arrest appeared, and waived objection.

No. 21. Thomas Sullivan. Sentenced in October,
1872, in the Superior Court, Suffolk County, to the State
Prison for ten years, for robbery. Pardoned June 26, 1880,
on a certificate of the prison physician that he was in the
last stages of consumption, and could survive but a short
time. Friends of the prisoner were at hand to provide for
him in his last hours. He died soon after.

No. 22. Michael Ryan. Sentenced in September,
1874, in the Superior Court, Suffolk County, to the State
Prison for seven years, for assault with intent to kill.
Pardoned June 26, 1880, on a certificate of the prison
physician that he was mortally sick. His friends were at
hand to take care of him. He died a few weeks later.

No. 23. Charles Allen, alias John T. Ennis. Sen-
tenced in April, 1880, in the Superior Court, Suffolk
Count}^ to the House of Correction for two years, for
breaking and entering. Pardoned June 30, 1880, on a
personal inspection by a committee of the Council, and on
a certificate of the physician that Allen was mortally sick
with quick consumption, and could live but a few days.
He died July 1.

No. 24. Thomas Metcalf. Sentenced Feb. 7, 1878,
in the Superior Court, Essex County, to four years in
the State Prison, for larceny. Pardoned July 1, 1880,
solely on a certificate of the prison physician that Metcalf,
" crippled and helpless from general paralysis, has now lost
his sight to a great degree." His friends came forward,
and offered to take him out of the State.

708 Special Messages.

No. 25. William Dolan. Sentenced Oct. 29, 1878,
in the Superior Court, Worcester County, to two years in
the House of Correction, for hirceny. Pardoned July 20,
1880, on the recommendation of the district attorney, in
consideration of the prisoner having become State's evi-
dence.

No. 26. James Myers. Sentenced Oct. 16, 1879, in
the Superior Court, Essex County, to one year in the House
of Correction, for assault. Pardoned July 20, 1880, on
the certificate of the phj-sician that the prisoner was fatally
sick with consumption, and could live but a short time.

No. 27. Horatio Ames. Sentenced in January, 1879,
in the Superior Court, Suffolk County, for five years in the
State Prison, for larceny. Pardoned July 24, 1880, upon
the certificate of the prison physician that he was far ad-
vanced in consumption, and failing rapidly. He was taken
home by his mother, and died the next day.

No. 28. Charles Jones. Sentenced in March, 1879,
in the Superior Court, Suffolk County, for three years in
the House of Correction, for larcen3^ Pardoned Aug. 20,
1880, upon the certificate of the physician and after per-
sonal inspection by members of the Council, the convict
being in the last stages of consumption. He has since
died.

No. 29. Joseph H. Stone. Sentenced July 1, 1880,
for sixty days in the House of Correction, by George M.
Woodward, Esq., Master in Chancery at Worcester. Par-
doned Aug. 25, 1880. Stone, a citizen of Northborough,
of excellent character, and a man of small means, was in-
duced by a travelling agent to purchase rights in a patent
washing-machine, for which he gave his note. He claimed
that he afterward found that the machine was worthless,
and that he had been swindled. The note was purchased
by the Natick National Bank, which sued Stone, and re-
covered judgment, he not defending. He was arrested,
made application to take the oath for the relief of poor
debtors, pending which it appeared, from his own frank
statement, that, under advice, he had conveyed property
with a design to secure the same to his own use. He had
been led to believe that this was the way properly to
defend himself against what he regarded as an unjust claim.
For this offence he was sentenced as above. The term of
imprisonment having almost entirely expired, the bank, at
whose instiuice he was arrested, appeared by attorney, and
consented to his pardon ; it was requested also by tiie citi-
zens generally of Northborough ; the element of deliberate

Special IVIessages. T09

criminality did not seem to enter into the case ; and it was
evident that Stone's predicament was the result of mistake
and bad counsel.

No. 30. James Kehoe. Sentenced Dec. 30, 1879, in
the Police Court, Lawrence, for eighteen months in the
Plouse of Correction, for stealing a ride. Pardoned Sept.
8, 1880, on the recommendation of the judge, tlie district
attorney, and the city marshal ; the Court itself, on recon-
sideration, reporting that too long a sentence had been
imposed for a light offence.

No. 31. Geokge W. Flowers. Sentenced Feb. 27,

1879, in the Superior Court, Suffolk County, for three
years in the State Prison, for perjury. Pardoned Sept. 30,

1880. Flowers was one of the tools in the famous Frank
Paige case. Paige, the chief criminal, who was afterward
convicted, got two years in the House of Correction ; and
the Committee on Pardons were agreed that Flowers, who
is rather a weak creature, and who had served nearly two
years, certainly should not suffer so much as the principal.
But more than this. Flowers turned State's evidence in
several cases, and so entitled himself to consideration.
The district attorney, on this point, reports that it was
said by the government at the trial, " that if, after sen-
tence, he showed a disposition to help in the cases growing
out of that affair, and was of service, he should, so far as
we had power, have full benefit therefor in any application
for pardon." Nearly all the Paige creditors joined in the
application for his jDardon. He is a resident of Maine,
and parties stood ready to take him there at once.

No. 32. Charles Shea. Sentenced Nov. 1, 1878, in
the Superior Court, Middlesex County, for thirteen years
in the State Prison, for rape. Pardoned Oct. 13, 1880, on
a certificate of the prison physician, and a personal exami-
nation of one of the council. Shea was in the last stages
of consumption, and was pardoned so that he might pass
his last hours at home. The physician reported that he
was "liable to die any day."

No. 38. Michael Kurtz. Sentenced in March, 1877,
in the Superior Court, Suffolk County, for twelve years in
the State Prison, for breaking and entering. Pardoned
Oct. 13, 1880, on certificate of the prison physician, and a
personal examination by the Council. Kurtz was in a
most deplorable state, his bowels perforated by sores, and
there seemed to be no probability of his recovery.

No. 34. Lawrence Pendergast. Sentenced Oct. 14,
1878, in the Superior Court, Essex County, for three years,

710 SrEciAL Messages.

for breaking and entering. Pardoned Oct. 19, 1880, after
two years' confinement; the Committee on Pardons being
satisfied, that, in view of the lightness of the offence and the
want of counsel, Pendergast evidently received a very ex-
cessive sentence. Tlie master of the House of Correction
reported strongly in his favor.

No. 35. Sophia King. Sentenced in August, 1880, in
the Superior Court, Worcester County, for one year in the
House of Correction, for receiving stolen goods. Pardoned
Nov. 5, 1880. The stolen goods were of small value, taken
from a clothes-line. The convict was an ignorant French
woman, not familiar with the English language, and with-
out counsel at the trial. There was grave doubt of her
guilt. The secretary of the Board of Prison Commission-
ers says, " There is little doubt that her son secreted the
goods in his mother's house without her knowledge." The
said board, its secretary, the superintendent of the Women's
Prison, and the district attorney, all joined in recommend-
ing the pardon.

No. 36. Edwaed J. Shea. Sentenced July 28, 1880,
to the House of Correction from the ^Municipal Court, Bos-
ton, for one year, for larceny. Pardoned Nov. 5, ISc^O. At
the tiial he was represented to be over seventeen years
old, and was tiierefore tried as an adult, and not as a juve-
nile ; whereas he was only fifteen. The judge certified to
us that on these facts he had been misled, and that the boy
" was illegally sentenced, and ought to be released."

No. 37. VVilliam Black. Sentenced Oct. 14, 1878, to
the House of Correction from the Superior Court, Esse.K
County, for three years, for indecent assault. Pardoned
Dec. 7, 1880. The assault was made by him while intoxi-
cated ; and the district attorney reported, that, though it was
an impro})er assault, it was not clear to what extent it went,
and the physician who made an examination of the female
expressed some doubt whether any such assault at all had
been made. Since the conviction the prisoner's wife had
gone insane, and is now in the Dan vers Asylum, leaving
five young childien, who are liable to become a public
charge. The convict had been a very respectable and
worthy man. The chaplain of the House of Correction,
and Mr. Wrightington, the agent of the State Board of
Health, Lunacy and Charit}-, appeared, and urged the
pardon ; the district attorney's report was favoiable to it;
and the term of sentence, wliich was reduced b}- good be-
havior, being not far off, it was grantetl.

No. 38. William 11. Pipeii. Sentenced in December,

Special Message;^. 711

1876, to the State Prison for six years, for forgery. Par-
doned Dec. 20, 1880. He was a very young man, employed
by a Boston firm on whom the forgery was committed and
who ast;ented to his pardon, which was granted in con-
sideration of his youth and the long term of four years
which he had already served. His conduct in prison had
been of the very best ; and, on very careful investigation,
the committee were satisfied that on the one hand there
had been no lack of severe punishment, and that on the
other there was a chance of genuine reformation which
should be availed of.

[To the House of Representatives, Jan. 11.]

I have the lionor herewith to transmit for the informa-
tion of the General Court a report made to the Executive
by Col. Solomon Lincoln, jun., commissioner for jNIassachii-
setts on the Yorktovvn centennial celebration ; a letter from
the Hon. George B. Loring, M.C., relating to the same sub-
ject and to the matter of portraits of ex-speakers of the
Massachuselts House of Representatives; and a memorial
of the American Association for the Advancement of
Science, in relation to the need of attending to our future
forest supplies.

I transmit, also, the annual reports for 1880 of the Chief
of the Massachusetts District Police ; the Trustees of the
State Lunatic Hospital at Worcester and of the Tempo-
rary Asylum for the Chronic Insane ; the Trustees of
the State Lunatic Hospital at Taunton; the Trustees of
the State Lunatic Hospital at Northampton : the Trustees
of the State Lunatic Hospital at Danvers ; the Trustees of
the State Almshouse at Tewksbury ; and the Trustees of
the State Workhouse at Bridgewater.

[To the House of Representatives, Jan. 14.]

I have the honor herewith to transmit for the information
and use of the General Court the annual report for 1880
of the Trustees of the State Primary and Reform Schools.

[To the Senate, Jan. 14.]

I have the honor herewith to transmit for the information
and use of the General Court the eighteenth annual report
of the Trustees of the Massachusetts Agricultural College.

[To the House of Representatives, Jan. 18.]
I have the honor to transmit herewith for the information
and use of the General Court the fifteenth annual report

712 Special Messages.

of the Commissioners on Inland Fisheries, being for the
year ending Sept. 30, 1880.

[To the Senate and House of Representatives, Jan. 25.]

I am this day in receipt from his Excellency the Governor
of South Carolina of a copy of a concurrent resolution of
the General Assembly of that State, passed at its last ses-
sion, in reference to the celebration of the centennial of the
victory at Cowpens, accompanied by a request to commun-
icate the same to you ; which I do accordingly.

[To the House of Representatives, Feb. 1.]

I have the honor to transmit herewith for the informa-
tion and use of the General Court the annual reports for
1880 of the treasurer and the superintendent of the Massa-
chusetts Employment Bureau for Disabled Soldiers.

[To the House of Representatives, Feb. 4.]

I have the honor herewith to transmit for the considera-
tion of the General Court the annual report for 1880 of
the Adjutant-General of the Commonwealth.

[To the Senate and House of Representatives, Feb. 16.]

I have the honor herewith to transmit for your con-
sideration the enclosed communication from the United
States International Commission, lelative to the rej^re-
sentation of Massachusetts at the International Exhibition
of Arts, Manufactures, and Products of the Soil and Mine,
to be held in New York in the year 1888.

[To the Senate and House of Representatives, April 22.]

It is my painful duty to announce to the Legislature the
death of the Hon. William O. Taylor of Boston, who was
elected Councillor from the second district for the current
political year. I cannot make this announcement without
expressing the high appreciation in which he was held by
his associates in the Executive department. Such were his
rare personal worth and character, and large experience and
wisdom in affairs, that the Commonwealth loses in him one
of its best public servants.

[To the Senate, May 7.]

I return herewith to the Senate, in which it originated,
a Resolve " In relation to Dock and Railroad Terminal
Facilities in the Port of Boston," which is as follows: —

^''.Resolved, That the harhor and land conmussioners be

Special Messages. 713

authorized to muture and embody in a bill to be submitted
in connection with their annual report to the next general
court such plans as they may think expedient for the im-
provement of the South Boston Flats for dock and railroad
terminal purposes : provided, that no expenses for travel-
ling outside of the Commonwealth shall be incurred under
this Resolve."

Although resolves of this general character have been
frequent, I recall no other with such a proviso. It was not
contained in the Resolve of 1879, authorizing an investiga-
tion of the subject of railroad signals by the railroad com-
missioners, nor in the joint order of 1879, authorizing an
investigation into the system of contract convict labor, in
which last case there was, however, a general limitation of
the whole amount to be expended, which seems to me the
proper restriction for such cases. I cannot approve it,
v.'hetlier regarded as a part of the present enactment or as
a reflection on similar expenses heretofore incurred in the
same behalf. The problem to be solved is one of great im-
portance. It involves the redemption of hundreds of acres
of flats, and a system of dockage adapted to the great ship-
ping and railroad interests of the future. There is no
similar case within our own territory ; and if any informa-
tion can be obtained by visiting New York or Baltimore,
it would be a narrow policy to forbid the commissioners to
go and get it. It is not likely, however, that they will
deem even this necessary. As appears by their recent
report, they, last year, after securing to the treasury over
a million dollars from the sale of a portion of the flats
alreadj^ filled, and appreciating anew the magnitude of the
work of best utilizing the immense area still remaining,
visited by one of their number and studied the great docks
of England, Holland and Belgium. Their suggestion so to
do was approved by the Executive. It was clone by them
as a part of their duty under existing statutes charging
them with the recommendation of such legislation as they
deem necessary for the preservation and improvement of
our harbors, and especially the flats near South Boston.
The expense, like other expenses incurred under the
authority of the same statute, was charged by them to the
Commonwealth flats improvement fund. They thereby
have already acquired the information which will best
enable them, so far as the experience of others can be of
use, to mature and embody a bill.

But the Resolve itself is unnecessary. It merely gives
an authority already sufficiently provided for by the Act of

714 Special Messages.

1866. But more especiall}', Chap. 25 of the Resolves of
the present year, entitled " A Resolve in relation to the
connection of Railroads and Docks," has alread}- committed
the same duty covered by the present Resolve to the hands
of a joint commission, composed of the railroad, and harbor
and land commissioners. In the former Resolve, however,
no such proviso as that now in question is contained ; and
to insert it in one and not in the other is an uncalled-for
discrimination.

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THE

CIVIL GOVERNMENT

Commonrocaltl) of iltasaactjuaetta,

AND OFFICERS IMMEDIATELY CONNECTED THEREWITH,
FOR THE POLITICAL YEAR

1881.

EXECUTIVE DEPARTMENT.

HIS EXCELLENCT

JOHN D. LONG,

Governor.
"WILLIAM M. OLIN Private Secretary.

HIS HONOR

BYRON WESTON,

Lieutenant-Governor.

COUNCIL — (Bv Districts).
I. — MATTHEW H. GUSHING Middleborough.

IL — MAHLON D. SPAULDING*
IIL — EUSTACE C. FITZ
IV. — MICHAEL J. FLATLEY
v. — JOSEPH DAVIS .
VL — GEORGE HEY WOOD .
VIL — RODNEY WALLACE .
VIIL — RUFUS D. WOODS

Boston.

. Chelsea.

. Boston.

. Lynn.

. Concord.

. Fitohbnrg.

. Enfield.

HENRY B. PEIRCE,

Secretary of the Commonwealth.

HENRY J. COOLIDGE, ls( CTerA. ISAAC H. EDGETT, 2rf CTerA-.

GEORGE G. SPEAR, Jr., M Clerk.

DANIEL A. GLEASON,

Treasurer and Keceiver-Genbral.
DANIEL H. ROGERS, \st Clerk. JOHN Q. ADAMS, 2d Clerk.

CHARLES R. LADD,

Auditor of Accounts.
WILLIAM D. HAWLEY, \st Clerk. EDWARD S. DAVIS, 2d Clerk.

GEORGE MARSTON,

Attorney-General.
FREDERIC H. GILLETT .... Assistant Attorney-General.

Elected by legislature Miiy 3, vice Willhiiu O. Taylor of Boeton, deceased April 20.

LEGISLATIVE DEPARTMENT.

GENERAL COURT:

Arrangbd in Accordance with the District Revision of 1876.

SENATE.

President— ROBERT R. BISHOP.

District.

Name of Senator.

Residence.

First Suffolk .

James Smith .

Boston.

Second "

William T. Van Nostrand,

Boston.

Third "

James L. Quigley

Boston.

Fourth "

George G. Crocker .

Boston.

Fifth "

John B. Martin

Boston.

Sixth «'

Charles H. Allen .

Boston.

Seventh "

Henry W. Fuller

Boston.

Eighth "

Joseph Bennett

Boston.

First Essex

Harmon Hall .

Saugus-

Second "

Nathaniel A. Horton

Salem.

Third "

Francis Norwood

Beverly.

Fourth "

Joseph N. Rolfe

Newbury.

Fifth "

Charles B. Rice

Danvers.

Sixth '*

John A. Wiley .

North Andover.

First Middlesex

Elisha S. Converse .

Maiden.

Second "

Robert R. Bishop

Newton.

Third "

Leander M. Hannum

Cambridge.

Fourth "

Charles Q. Tirrell .

Natick.

736

Senate.

Name of Senator.

Fifth Middlesex
Sixth "
Seventh "
First Worcester
Second "
Third "
Fourth "
Fifth "
Hampshire
First Hampden
Second "
Franklin .
North Berkshire
South "

First Norfolk
Second "
First Plymouth
Second "
First Bristol
Second "
Third "
Cape

Anson D. Fessenden
Thomas Winship
Charles S. Lilley
Thomas J. Hastings
William Abbott
Chester C. Corbin
John M. Moore
Daniel B. Ingalls
Samuel M. Cook
Marcus P. Knowlton
Emerson Gaylord
Joseph H. Root
Francis W. Rockwell
Elizur Smith .
David W. Tucker
James P. Ray .
Ebenezer T. Fogg
Starkes Whiton
Oliver Ames
Milton Reed
George B. Richmond
Samuel Snow .

Townsend.

Wakefield.

Lowell.

Worcester.

Douglas.

Webster.

Gardner.

Clinton.

Granby.

Springfield.

Chicopee.

Montague.

Pittsfield.

Lee.

Milton.

Franklin.

South Scituate.

Hingham.

Easton.

FaU River.

New Bedford.

Barnstable.

STEPHEN N. GIFFORD
EDMUND DOWSE .
O. F. MITCHELL .

aerk.

Chaplain,

Seryeant-at-Anni,

House of Representatives.

737

HOUSE OF REPRESEJ^TATIYES.

Speaker— CHARLES J. NOTES.

COUNTY OF SUFFOLK.

Name of RepresentatiTe.

1st,

2d,

3d,
4th,
5th,

6th,

7th,

8th,

9th,

10th,

nth,

12th,
13th,

14th,

Boston, Ward 1

Boston, Ward 2

Boston, Ward 3
Boston, Ward 4
Boston, Ward 5

Boston, Ward 6

Boston, Ward 7

Boston, Ward 8

Boston, Ward 9

Boston, Ward 10

Boston, Ward 11

Boston, Ward 12

Boston, Ward 13

Boston, AVard 14

Edwin R. Webster .
Harvey N. Shepard .

William J. Burke .
Joseph P. Hamlin .

James White .
Henry Lyon

Augustus W. Stover,

John Reade
Dennis G. Quirk

Patrick F. Mahoney,
Thomas McCuUough ,

Alex. B. McGahey .
Peter Cannon .

Frank Gargan .
Owen A. Galvin

John F. Andrew
James M. Bugbee .

Heniy H. Sprague .
Increase E. Noyes .

John G. Webster
Hamilton A. Hill

Jeremiah H. Mnllane,
Patrick F. McDonald,

Cornelius F. Cronin,
James A. McGeough,

Charles J. Noyes
Arthur H. Wilson .

Boston.
Boston.

Boston.

Boston.
Boston.

738

House of Representatives.

COUNTY OF SUFFOLK — Concluded.

15th,

16th,

17th,

18th,

19th,

20th,

21st,
22d,
23d,

24th,
25th,

26th,

1st,
2d,

3d,

Town or Ward.

Boston, Ward 15

Boston, Ward 16

Boston, Ward 17

Boston, Ward 18

Boston, Ward 19

lioston. Ward 20

Boston, Ward 21
Boston, Ward 22
Boston, Ward 23

Boston, Ward 24

Boston, Ward 25

! Chelsea .
Revere .
Winthrop

Name of Representative.

George W. Bail
Frank A. Clapp

Abraham J. Lamb .
Joseph H. O'Xeil .

Zenas E. Smith
John Q. A. Brackett,

Edward P. Brown ,
George E. Learnard .

John Joyce
Thomas Fay, jun. .

John F. Dever
Timothy A. Murphy,

Arthur W. Tufts .
Benj. C. Tinkham .

Francis B. Kelly

Levi L. Willcutt .
Edward P. Butler .

George L. Burt
Martin L. Bradford .

George B. Livermore,

Thomas B. Jones
Joseph W. Stickney,
Thomas Floyd .

Boston.
Boston.

Boston .
Boston.

Boston.
Boston.

Boston.

Boston.
Boston.

Boston.

Chelsea.
Chelsea.
Winthrop.

COUNTY OF ESSEX.

( Rockport . . }
I Gloucester, Ward 7, |

5 Gloucester, Wards 1, )
i 2,3,4,5,6 . .;

r Gloucester, Ward 8, 1

J Essex . . . !
j Manchester . . j
(_ Hamilton . . J

Nath. Richardson, jr.

Wm. H. Wonson, 3d,
Isaac A. S. Steele .

William H. Tappan

Rockport.

Gloucester.
Gloucester.

Manchester.

House of Representatives.
COUNTY OF ESSEX — Continued.

739

District.

Town or Ward.

Name of Representa li ve.

Kesidence.

4th,

( Wenham
I Danvers .

Gilbert A. Tapley .

Danvers.

5th,

Beverly .

John 1. Baker .

Beverly.

6th,

< Salem, Wards 1,

i 5. . .

':}

.James F. Almy
William Cogswell .

Salem.
Salem.

7th,

( Salem, Wards 3,

i 6. . .

*:\

Rufus B Gifford .
Charles B. Fowler .

Salem.
Salem.

8th,

5 Marblehead .
( Swampscott .

William B. Brown .
Lewis Carroll .

Marblehead.
Marblehead.

9th,

Lynn, Ward 3

Ebenezer Beckford .

Lynn.

10th,

(Lynn, Wards 1,2

^ 5,7 . .
( Nahaut .

•s

Hartwell S. French .
Frank D. Allen
H. Cabot Lodge

Lynn.
Lynn.
Nahant.

11th,

Lynn, Ward 6

Samuel B. Valpey .

Lynn.

12th,

Peabody .

Henry Wardwell

Peabody.

13th,

f Saugus .
J Lynn field
] Middleton
t Topsfield

i-
•J

Andrew Mansfield .

Lynnfield.

14th,

( Andover .

1 North Andover

Thomas K. Gilman .

No. Andover.

15th,

TBoxford .

} RovFley .
(Ipswich .

■■i

Alonzo B. Fellows .

Ipswich.

16th,

( Newbury . . ^
W Newburyport, W'ds >
I 1,2,3,4,5,6 .S

Amos Coffin
Edward P. Shaw .

Newburyport.
Newburj'port.

17th,

( Georgetown .
} Grovel and
( Bradford

George H. Carleton .

Georgetown.

18th,

rWest Newbury
, Salisbury
1 Ame.sbury
1_ Merrimac

• 1
•y
•J

Richard Newell
Benjamin L. Fifield,

W. Newbury.
Salisbury.

740

House of Represent ath'es.
COUNTY OP ESSEX— Concluded.

19th,

20th,
21st,

Town or Ward.

(Haverhill, Wards 1,
] 2, 3, 4, 5, 6 .
( Methuen

5 Lawrence, Wards 1, >
1 2,3 . . .;

j Lawrence, Wards 4, >
1 5,6 . . .f

Name of Representative. I Residence.

Levi Taylor
Edwin Gage
Daniel T. Morrison

Daniel Donovan
Joseph J. Nichols

Edward P. Poor
Thomas Scott .

Haverhill.
Haverhill.
Methuen.

Lawrence.
Lawrence.

COUNTY OF MIDDLESEX.

1st,

( Cambridge, Wards 7
1 1,5 . . .|

Thos. W. Higginson,
Henry W. Muzzey .

Cambridge.
Cambridge.

2d,

( Cambridge, Wards f
1 2,4 . . .^

Henry J. Wells
Sumner Albee .
G. D. Chamberlain .

Cambridge.
Cambridge.
Cambridge.

3d,

Cambridge, Ward 3,

John McSorley

Cambridge.

4th,

Somerville, Ward 1,

John Haskell Butler,

Somerville.

5th,

Somerville, Ward 2,

Quincy A. Vinal

Somerville.

6th,

' Somerville, Wards >
1 3,4 . . .\

Person Davis .

Somerville.

7th,

Medford .

John C. Rand .

Medford.

8th,

j Maiden .
(Everett .

Ezra A. Stevens
William Johnson

Maiden.
Everett.

9th,

Melrose .

B. Marvin Fernald .

Melrose.

10th,

Stonehara

Charles L. Gill

Stoneham.

11th,

Wakefield

Solon 0. Richardson,

Wakefield.

12th,

( Reading .

< North Reading

( Wilmington

: ;l

Charles F. Brown

Reading.

13th,

Woburn .

Edward D. Hay den .

Woburn.

14th,

( Arlington
") Winchester

: :}

Thomas P. Ayer * .

Winchester.

* Elected March 1, vice Josiah F. Stone of Wiucbester, deceased Jan. 26.

House of E-ErRESENTATivEs.
COUNTY OF MIDDLESEX — Continued.

741

DUtrlct.

Town or Ward.

Name of Representative.

Residence.

15th,

( Watertown
I Behiiont .

Samuel Walker

Watertown.

16th,

Newton .

•}

George W. Morse .
John H. Sanborn

Newton.
Newton.

17th,

Waltham

Nathan Warren

Waltham.

18th,

f Lexington
J Burlington
' Bedford .

_ Billerica .

•1

Charles A. Corey

Bedford.

19th,

f Tewksbury
j Chelmsford
; Tyngsborough
I. Dracut .

•1

Enoch Foster .

Tewksbury.

20th,

Lowell, Ward 1

John O'Donnell

Lowell.

21st,

Lowell, Ward 2

Leonard Brown

Lowell.

22d,

Lowell, Ward 3

Edward Cawley

Lowell.

23d,

Lowell, Ward 4

Charles H. Allen .

Lowell.

24th,

Lowell, Ward 5

Robert Goulding

Lowell.

25th,

Lowell, Ward 6

J. Tyler Stevens

Lowell.

26th,

f Concord .
j Acton . .
{ Carlisle . '.
(^Lincoln .

Samuel Hoar .

Concord.

27th,

f Weston .
! Wayland
1 Sudbury .
I, Maynard

•1

Hiram Curtis .

Maynard.

28th,

Natick .

Edward McManus .

Natick.

29th,

5 Holliston
1 Sherborn

■I

George B. Fiske

Holliston.

30th,

5 Hopkinton
1 Ashland .

■■}

Owen Wood .

Hopkinton.

31st,

Fraoaingham .

— —I-

•

Luth* F. Fuller .

Framingham,

742

House of Representatives.
COUNTY OF MIDDLESEX — Concluded.

District.

Town.

Name of Representative.

Residence.

32d,

33d,
34th,
35th,

Marlborough .

f Hudson . . . "]
! Stow . . .1
> Boxborough . . {
L Littleton . . J

fWestford . .T
j Groton . . .1
j Dunstable . . j
[_ Pepperell . . J

f Ayer . . . 'l
! Shirley . . .1
1 Townsend . . j
[Ashby . . .J

Timothy A. Coolidge,
Edmund M. Stowe .

Asa S. Lawrence

John E. Dickerman .

Marlborough.
Hudson.

Groton.

Townsend.

COUNTY OF WORCESTER.

1st,
2d,

3d,

4th,

5th,

6th,
7th,

j Blackstone
l Uxbridge

( Mendon .

^Milford .
( Upton

^ Northbridge
I Grafton .

( Westborough .
( Southborough

f Clinton .

Berlin
I Bolton .
■{ Sterling .

Lancaster
I Harvard .
I. Lunenburg

Fitchburg

Winehendon .
Ashburnham .
Gardner .
Westminster .
Princeton

Leonard T. Gaskell

Silas W. Hale .
Charles W. Wilcox

George F. Searles
W. T. Forbes .

Edward G. Stevens
William H. Burpee

George F. Fay
Joseph A. Tufts

Giles H. Whitney
J. Hervey Miller

Blackstone.

Mil ford.
Milford.

Northbridge.
Westborough.

Clinton.
Sterlinar.

Fitchburg.
Fitchbursr.

Winehendon.
Westminster.

House of Representatives.
COUNTY OF WORCESTER — Continued.

743

Town or Ward.

Name of Representative.

Residence.

8th,
9th,

10th,

11th,

12th,

13th,

14th,
15th,

16th,

17th,
18th,
19th,
20th,

5 Athol .
l Royalston

f Petersham
I Phillip-ston
j Tenipleton
I, Hubbardston

[ Dana
I Hard wick
•{ Barre

Oakham .
_ New Braintree

f Rutland .
I Holden .
I Paxton .
l^ Leicester

f West Brookfield
I Warren .
■{ Brookfield
I North Brookfield
I, Sturbridge

f Spencer .
J Charlton
I South bridge .
L Oxford .

( Douglas .
} Webster .
(Dudley .

( Auburn .

} Millbury
( Sutton .

f Shrewsbury .
J Northborough
I Boylston
I. West Boylston

Leominster

Worcester, Ward 1

Worcester, Ward 2

Worcester, Ward 3

Ira Y. Kendall

Otis D. Sawin .

Thomas P. Root

William F. Holman ,

George A. Parratt .
Lucieu M. Gilbert * .

Isaac L. Prouty
Samuel C. llartwell,

John J. Love .
Levi L. Whitney

Henry O. Sawyer .

Dwight B. Look
Aaron G. Walker .
M. V. B. Jefferson .
Eugene M. Moriarty,

Athol.

Templeton.

Barre.

Leicester.

W. Brookfi'ld.

Warren.

Spencer.
Southbridge.

Webster.
Millbury.

West Boylston.

Leominster.
Worcester.
Worcester.
Worcester.

* Elected Feb. 17, vice George M. Newton of Warren, deceased Jan. 23.

744

House of Representatives.

COUNTY OF WORCESTER — Concluded.

District.

Town or Ward.

Name of Representative.

Residence.

21st,

Worcester, Ward 4 .

Francis Plunkett

Worcester.

22d,

Worcester, Ward 5 .

James H. Mellen

Worcester.

23d,

Worcester, Ward 6 .

Asaph R. Marshall .

Worcester.

24th,

Worcester, Ward 7 .

Edwin Ames .

Worcester.

25th,

Worcester, Ward 8 .

William L. Clark .

Worcester.

1st,

2d,

3d,

4th,

6th,

1st,

COUNTY OF HAMPSHIRE.

TEasthampton .

< Northampton .
( Southampton .

fHadley .
' Hatfield .
I Westhampton
1^ Williamsburg

f Chesterfield
Cummington
Goshen .

■{ Huntington
Middlefield

I Plain field

I, Worthington

f Amherst
J Pelham .
I Prescott .
L South Hadley

f Belchertown
Enfield .

< Gran by .

I Greenwich
[ Ware .

Edwin R. Bosworth
Sidney Strong .

Albert G. Jewett

Edwin S. Burr

Easthampton.
Northampton.

Westhampton.

Worthington.

Chas. O. Parmenter . Amherst.

Asahel H. Dorman . i Belchertown.

COUNTY OF HAMPDEN.

f Monson .
j Brimfield
^ Holland .

t Wales .

Solomon F. Cushman,

Monson.

House of Represejntatives.
COUNTY OF HAMPDEN— Concluded.

745

Town or Ward.

Kame of Representative.

2d,

3d,
4th,

5th,

6th,

7th,
8th,
9th,

10th,
11th,

f Pahner .
j Wilbrahani
] Ilampdeu *
l^ Ludlow .

Chicopee

• I

•J

5 Springfield, Wards >

1 1,2 . . .;

( Springfield, Wards >

I 3, 6 . . .;

5 Springfield, Wards )
4,7 . . .[
Longmeadow . . )

( Springfield, Wards )

i 5, 8 . . .\

(HoIyoke,Wardsl,2, )

1 3, 4, 5 . .;

( Ilolyoke, Wards 6, 7, }
( West Springfield . )

( Westfield
} Agawam
( Montgomery

C Southwick
I GranvMle
j Tolland .
] Blandford
I Chester .
[ Russell .

Chauncy E. Peck

John Goodwin .

Josiah Bumstead
Hubert M. Coney

Edwin D. Metcalf

Henry M. Phillips .

Chris. C. Merritt
John H. Wright
Ashton E. Hemphill,

Edward C. Carpenter,
John W. Colton

George T. Bryant

Wilbraham.

Chicopee.

Springfield.
Springfield.

Springfield.

Springfield,

Springfield.

Holyoke.

Westfield.
Westfield.

Russell.

COUNTY OF FRANKLIN.

1st,

fErving .
I Warwick

Orange

(_New Salem

Charles A. Eddy

Erving.

* Town of Wilbraham divided and Hampden incorporated March 28, 187
94

746

House of Representatives.
COUNTY OF FRANKLIN — Concluded.

District.

Town.

Name of Bepreeentative.

Besidence.

'Montague
Sunderland

2d,

^ Leverett .

•J

William W\ Russell,

Sunderland.

Shutesbury
. Wendell .

( Greenfield

3d,

} Gill

( Shelburne

^ Deerfield

-<! Conway .
( Whately

Leonard Barton

Gill.

4th,

David T. Yining

Conway.

fNorthfield

1 Bernardston .

5th,

{ Leyden .

Colrain .

L Heath .

f Ashfield .

' 1
•J

Jonathan Budington,

Leyden.

1 Buckland

6th,

! Charlemont .
1 Hawley .
1 Rowe
L Monroe .

:i^

Yaniah M. Porter .

Rowe.

1st,

2d,
3d,

4th,

COUNTY OF BERKSHIRE.

f Hancock
I Lanesborough
■{ New Ashford .
Williamstown
[ Clarksburg

5 Adams .

( North Adams *

5 Pittsfield
] Dal ton .

f Florida .

Savoy
I Cheshire
■{ Windsor

Washington

Peru
^Hinsdale

John W. P. Buck

Nelson H. Bixby
S. Proctor Thayer

S. W. Bowerraan
Oliver W^ Bobbins

Frederick S. Rice

Clarksburg.

Adams.
No Adams.

Pittsfield.
Pittsfield.

Florida.

* Town of Adams divided and North Adama iucorpoi-ated April 10, 1878.

House of Representatives.
COUNTY OF BERKSHIRE — Concluded.

747

District.

Town.

Name of Representative.

Residence.

5th,
6th,

7th,
8th,

fBecket . . .-]
j Lee . . . !
i Otis . . . [
l^ Tyringham . • J

f Richmond . . ^
j Lenox . . .1
j Stockbridge . . |
i. West Stockbridge . J

fAlford .
j Egiemont
1 Great Barrington . [

[ Monterey . . J

fMt. Washington .^
j New Marlborough . !
] Sandisfield . . [
L Sheffield . . .J

Norman W. Shores,*
Henry J. Dunham .
Marshall S. Bidwell,
George A. Shepard .

Lee.

stockbridge.
Monterey.
Sandisfield.

1st,

2d,
3d,

4th,
5th,
6th,

7th,
8th,

COUNTY OF NORFOLK.

( Dedham .
( Norwood

Brookline

Hyde Park

5 Milton .
I Canton .

5 Quincy .
\ Weymouth

{ Braintree
\ Holbrook

f Randolph
j Stoughton
I Sharon .
1^ Walpole .

f Franklin
I Foxborough
-{ Wrentham
I Bellingham
[Medway .

Thomas J. Baker

Edward I. Thomas
Hobart M. Cable

Edward R. Eager

James Edwards
Charles H. Porter
N. D. Canterbury

Joel F. Sheppard

Jonathan Wales
Newell S. Atwood

Henry R. Jenks
J. W. Thompson

Dedham.

Brookline.
Hyde Park.

Canton.

Quincy.
Quincy.
Weymouth.

Braintree.

Randolph.
Stoughton.

Franklin.
Medway.

* Elected Feb. 1", vice Alexander Hyde of Lee, deceased Jan. 12.

748

1st,

2d,
3d,

4th,

5th,
6th,
7th,
8th,

9th,
10th,

House of Representatives.

COUNTY OF NORFOLK — Concluded.

District.

Town or Ward.

Name of Representative.

Residence.

9th,

CNeedham . .^
I Dover . . . 1
] Medfield . . f
[Norfolk . . .J

James Mackintosh .

Needham.

COUNTY OF BRISTOL.

C Attleborough
■} Norton .
( Mansfield

5 Easton .
( Raynham

( Taunton
( Berkley .

( Acushnet
■< Fairhaven
( Freetown

New Bedford,Wards )

1,2,3. . .;

New Bedford, Wards )

4, 5, 6 . . ;

( Westport
I Dartmouth

(Fall River, Wards
1 1,2, 3,4 . .

(Fall River, Wards)
:^ 5,6 . . .[
( Somerset . . )

f Seekonk .
J Swanzey
j Rehoboth
[ Dighton .

George N. Grand all
Burrill Porter, jr.

Attleborough.
Attleboroush.

William O. Snow . Raynham.

James M. Evans
Charles A. Reed
Lloyd Everett White,

John W. Marble .

Eben C. Milliken .
James A. Crowell .

A. Edwin Clarke
Andrew Bulloch

Henry A. Slocum .

Robert Howard
Frank W. Burr
John Stanton .

James F. Davenport,
Silas B. Hatch

Remember Smith

Taunton.
Taunton.
Taunton.

Freetown.

New Bedford.
New Bedford.

Dartmouth.

Fall River.
Fall River.
Fall River.

Fall River.
Fjdl River.

Rehoboth.

House of Uepresentatives.

COUNTY OF PLYMOUTH.

749

Name of Representative.

Residence.

1st,
2d,

3d,

4th,
5th,
6th,

7th,

8th,

9th,

10th,

11th,

( Hingham
\ Hull

( Cohasset

■} Scituate .

( South Scituate

f Marsh field
j Pembroke
j Hanson .
[.Halifax .

f Duxbury
j Kingston
j Plympton
(^ Carver .

Plymouth

f Wareham
j Rochester
I Marion .
1^ Mattapoisett .

( Middleborough
[ Lakeville

( Bridgewater .
I East Bridgewater

) Rockland
j Hanover

C Brockton

I West Bridgewater

j Abington

( South Abington

Joseph Jacobs, jr. .
Thomas F. Bailey .

Francis Collamore .

Peleg McFarlin
Winslow W. Avery .
Stephen D. Hadley .

John C. Sullivan
Arthur Hooper

Charles W. Howland,

Albert Keith .
Davis S. Packard

Job P. Farrar .

Hingham.
Scituate.

Pembroke.

Carver.

Plymouth.

Marion.

Middleboro'.
Bridgewater.

Rockland.

Brockton.
Brockton.

Abington.

COUNTY OF BARNSTABLE.

1st,
2d,

( Sandwich
( Falmouth

j Barnstable
( Mashpee

James E. GifEord
Clark Lincoln .

Falmouth.
Barnstable.

750

House of Representatives.

COUNTY OF BARNSTAILE — Concluded.

District.

Town.

Name of Represeutatlve.

Residence.

3d,

4th,
5th,
6th,

j Yarmouth . . \
\ Dennis . . . >

Harwich . . >
" Chatham . . \

f Brewster . . 1
J Orleans . . . !
1 Eastham
t Wellfleet

5 Truro . . . )
l Provincetown . . J

Charles F. Swift .
Watson B. Kelley .

Jesse H. Freeman .

Atkins Hughes

Yarmouth.
Harwich.

Wellfleet.

Truro.

COUNTY OF DUKES.

1st,

f Chilmark
I Cottage City *
J Edgartown
} Gay Head
I Gnsnold .
[Tisbury . ^

Tristram Cleveland

Cottage City.

COUNTY OF NANTUCKET.

1st,

Nantucket

Henry Paddack

Nantucket.

GEORGE A. HARDEN .
DANIEL \V. WALDRON
O. F. MITCHELL .

Clerk,

Chaplain.

Scrgeant-at-AiTns.

* Town of Edgartown divided and Cottage City incorporated Feb. 17, 18S0.

JUDICIAL DEPAETMENT.

SUPREME JUDICIAL COURT.

CHIEF JUSTICE.

HORACE GRAY

ASSOCIATE JUSTICES.

JAMES D. COLT .
MARCUS MORTON .
WILLIAM C. EXDICOTT
OTIS P. LORD .
WALBRIDGE A. FIELD.
CHARLES DEVEXS

of Boston.

of Pittsfield.
of Andover.
of Salem,
of Salem,
of Boston,
of Worcester.

SUPERIOR COURT.

CHIEF JUSTICE.

LINCOLN F. BRIGHAM. .

ASSOCIATE JUSTICES.

JULIUS ROCKWELL
EZRA WILKINSON .
JOHN P. PUTNAM .
ROBERT C. PITMAN
JOHN W. BACON .
WILLIAM ALLEN .
P. EMORY ALDRICH
WALDO COLBURN .
WILLIAM S. GARDNER
HAMILTON B. STAPLES

of Salem.

of Lenox,
of Dedham.
of Boston,
of Neioton.
of Natick.
of Northampton,
of Worcester,
of Dedham.
of Newton.
of Worcester.

752

Judicial Departjient.

JUDGES OF PROBATE AND INSOLVENCY.

JOHN W. McKIM, Boston .... Suffolk.

GEORGE F. CHOATE, Salem . . . Essex.

GEORGE M. BROOKS, Concord . . Middlesex.

ADIN THAYER, Worcester. . . . "Wokcestek.

WILLIAM G. BASSETT, Easthampton . Hampshire.

WILLIAM S. SHURTLEFF, Springfield . Hami-den.

CHESTER C. CONANT, Greenfield . . Fkanklix.

JAMES T. ROBINSON, North Adams . Berkshire.

GEORGE WHITE, Newton .... Norfolk.

WILLIAM H. WOOD, Middleborough . Plymouth.

EDMUND H. BENNETT, Taunton . . Bristol.

JOSEPH M. DAY, Barnstable . . . Barnstable.

JOSEPH T. PEASE, Edgartown . . Dukes.

THADDEUS C. DEFRIEZ, Nantucket . Nantucket.

REGISTERS OF PROBATE AND INSOLTENCY.

ELIJAH GEORGE, Boston .... Suffolk.

JEREMIAH T. MAHONEY, Salen> . . Essex.

JOSEPH H. TYLER, Winchester . . Middlesex.

CHARLES E. STEVENS, Worcester . . Worcester.

LUKE LYMAN, Northampton . . . Hamtshire.

SAMUEL B. SPOONER, Springfield . . Hampden.

FRANCIS M. THOMPSON, Greenfield . Franklin.

EDWARD T. SLOCUM, Lee . . . Berkshire.

JONATHAN COBB, Dedham . . . Norfolk.

DANIEL E. DAMON, Plymouth . . Plymouth.

WILLIAM E. FULLER, Taunton . . Bristol.

CHARLES THACHER, 2d, Yarmouth . Barnstable.

HEBRON VINCENT, Edgartown . . Dukes.

SAMUEL SWAIN, Nantucket . . . Nantucket.

DISTRICT ATTORNEYS.

OLIVER STEVENS, Boston
WILLIAM B. STEVE XS, Stoneham .
EDGAR J. SHERMAN, Lawrence
ASA FRENCH, Braintree . . . .
HOSEA M. KNOWLTON, New Bedford .
FRANCIS T. BLACKMER, Worcester
ANDREW J. WATERMAN, Pittsfield
DANIEL W. BOND, Northampton .

Suffolk.

Northern.

Eastern.

South-Eastern.

Southern.

Middle.

Western.

North- Western.

Judicial Department.

753

SHERIFFS.

JOHN M. CLARK, Boston .
HORATIO G. HERRICK, Lawrence .
EBEN W. FISKE, VValtham .
AUGUSTUS B. R. SPRAGUE, Worcester
HENRY A. LONGLEY, Northampton .
H[RAM Q. SANDERSON, Springfield .
GEORGE A. KLMBALL, Greenfield .
HIRAM B. WELLINGTON, Pittsfield .
RUFUS C. WOOD, Dedham .
ALPHEUS K. HARMON, Plymouth .
ANDREW R. WRIGHT, Fall River .
THOMAS HARRIS, Barnstable .
FRANCIS C. SMITH, Edgartown .
JOSIAH F. BARRETT, Nantucket

Suffolk.
Essex.
Middlesex.
Worcester.

HAMPSHrUE.

Hampden.

Franklin.

Berkshire.

Norfolk.

Plymouth.

Bristol.

Barnstable.

Dukes.

Nantucket.

CLERKS OF COURTS.

GEORGE W. NICHOLS, Boston, Clerk of the Supreme Judicial
Court for the Commonwealth.

JOHN NOBLE, Boston, Supreme Judicial Court . Suffolk.
JOSEPH A. WILLARD, Bost., Superior Ct., Civil T. ") ^
JOHN P. MANNING, Boston, Criminal Term . I ^^^®^^'

ALFRED A. ABBOTT, Peabody .... Essex.

THEODORE C. HURD, Cambridge . . . Middlesex.

JOHN A. DANA, Worcester Worcester.

WILLIAM P. STRICKLAND, Northampton . Hampshire.

ROBERT O. MORRIS, Springfield . . . Hampden.

EDWARD E. LYMAN, Greenfield . . . Franklin.

HENRY W. TAFT, Pittsfield .... Berkshire.

ERASTUS WORTHINGTON, Dedham . . Norfolk.

WILLIAM H. WHITMAN, Plymouth . . . Plymouth.

SIMEON BORDEN, Fall River . . . . Bristol.

SMITH K. HOPKINS, Barnstable . . . Barnstable.

SAMUEL KENISTON, Edgartown . . . Dukes.

GEORGE W. JENKS, Nantucket .... Nantucket.
95

751

Members of Congress.

MEMBERS OF THE FORTY-SEVENTH CONGRESS.

[Congressional Districts established by Chap. 300, Acts of 1872, and Chap. 113, Acts of

1876.]

SENATORS.

HENRY L. DAWES
GEORGE F. HOAR

of Pilt^field.
of Worcester,

REPRESENTATIVES.

District I. —WILLIAM W. CRAPO .
IL — BENJAMIN W. HARRIS
IIL— AMBROSE A. RANNEY
IV. — LEOPOLD MORSE
v. — SELWYN Z. BOWMAN
VL — EBEN F. STONE.
VIL— WILLIAM A. RUSSELL
VIIL— JOHN W. CANDLER .
IX. — WILLIAM W. RICE .
X. — AMASA NORCROSS .
XL — GEORGE D. ROBINSON

of New Bedford.

of East Bridfjeicater.

of Boston.

of Somerville.

of Newburyport.

of Lawrence.

of Brooliine.

of Worcester.

of Fitchhurg.

of Chicopee.

Commonixicalttj of JHassar{)usrtts,

Secretary's Department, Boston, July 16, 1881.

I certify that the Acts and Resolves contained in this
volume are true copies of the originals, and that the ac-
companying papers are transcripts of official records and
returns in this Department.

HENRY B. PEIRCE,

Secretary of the Commonwealth.

INDEX.

Page

Abandoned animals, relative to 605

Accounts of county officers, auditing of, by commissioners of savings

banks 550

Actions against railroads, common carriers, and towns, for loss of life

by negligence 521

Adams, town of, certain public buildings in, may be sold, and town

may join with county in erection of new buildings . , 578

Address of the governor to the legislature 673

Adjutant-general's department, preservation of war records in . . 660

Administrators, suits brought by or against, relating to . . . 428

delivery of property by, upon resignation, to their successors . 443

relating to removal of 637

Agawam, town of, reimbursement of state aid to .... 663

Aged Men, Home for, may hold additional real and personal estate . 374
Agent for assistance to discharged female convicts, may be appointed

by piison commissioners 498

Agricultural societies, concerning bounties to 607

Agricultural Society, Middlesex, allowed bounty 652

Agricultural Society, Nantucket, allowed bounty 651

Agricultural and Horticultural Society, Amesbury and Salisbury, in-
corporated 535

Agricultiu-e, clerk of secretary of the board of, salary of . . . 588

Aid, state, to soldiers and sailors 373

Alden Emery Company, name changed to Walpole Emery Mills . . 374
Ale wife Brook and certain sewers in Cambridge and Somerville, con-
cerning 570

Almshouse, state, at Tewksbury, allowance for buildings and im-
provements at 661

Amendment to the constitution, to prevent the disfranchisement of
certain soldiers and sailors becoming paupers, to be sub-
mitted to the people 665

American Loan and Trust Company, incorporated .... 408
Amesbury and Salisbury Agricultural and Horticultural Society, in-
corporated 535

Aadover, town of, reimbursement of state aid to 663

ii Index.

Page

Animals, abandoned, relative to 605

diseased witli glanders or farcy, may be killed by order of com-
missioners, without appraisal 499

Animals, Society for Prevention of Cruelty to, may be allowed to

maintain a dog shelter in Boston 602

may cause abandoned animals to be killed 605

Anniversaries, celebration of, by towns 415

Annuity allowed to John William Robert Sawin 653

Appointment of special sheriffs, secretary to be notified of . . . 389
Appointments made by the governor or governor and council may be
revoked, unless the tenure of office is fixed by the constitu-
tion or law 389

Apportionment of state and county taxes, to secure more equal . 455

Appropriations :

Maintenance of Government, —
Legislative, Executive, Secretary's, Treasurer's, Auditor's,
Attorney-General's, Agricultural, Educational and Mili-
tary departments, Tax Commissioner's bureau, Commis-
sioners and Miscellaneous 347

Maintenance of Government, additional, —
Supreme Judicial, Superior and Probate and Insolvency Courts,

and District Attorneys, salaries 352

Maintenance of Government, further additional, —
Legislative, Executive, Agricultural and Military departments.
State house, miscellaneous, incidental and contingent ex-
penses 363

for mileage and compensation of members of the legislature,

and compensation of officers 352

for sundry charitable expenses 356

for certain educational expenses 367

for expenses of charitable and reformatory institutions, and for

other purposes 369

for certain expenses authorized in the year 1880 . . . 377
for expenses authorized the present year, and for other pur-
poses 540, 579, 639

for improvement of Troy and Greenfield Railroad and Hoosac

Tunnel 611

for centennial celebration at Yorktown 667

Arbitration, industrial conciliation and, pamphlet upon, to be pre-
pared and distributed 061

Arlington, town of, preservation of public health in . . . . 645
Arrest for certain minor offences, summonses instead of warrants may

issue for 434

Arsenal, state, at Cambridge, may be sold 654

Art school, state normal, allowance to trustees of .... 659
Assault and battery, jurisdiction of municipal, district and police

courts, in cases of 501

Assessment of damages fur lands taken for public uses, relative to . 359
Assessors, penalty on, for neglecting to comply with provisions of chap-
ter 170 of the acts of 1866 372

Index. iii

Page
Assignees, suits brought by or against, relating to .... 426
Assistant clerlv of the municipal court of Boston, for criminal busi-
ness, additional, may be appointed 892

Assistant clerk for the county of Bristol, provided for .... 589

Assistant district attorney may be appointed for the northern district, 45o

Associate medical examiner provided for Suffolk county . . . 1)36

Association, Maple Grove Cemetery, in Westport, incorporated . . 412

Public Library, of Hinsdale, choice of directors .... 420
Sandwich District Camp-meeting, doings legalized and name

changed 439

Yarmouth Camp-meeting, name established .... 439

Associations, cooperative saving fund and loan, concerning . . o94

Associations, law library, relative to 41.5

Attachment by the trustee process of funds in the bauds of receivers, 433
Attachments, bonds to dissolve, may be approved by justices of courts

and commissioners in insolvency 422

Attachments in suits against owners, seamen, etc., of ships or vessels,

relating to 433

Attorney-general to discontinue a suit against the Boston and All)any

Kailroad, on certain conditions G(37

Auditing of the accounts of county officers, concerning . . . 550

Auditor's department, salaries of clerks in 583

Badges and seals of cities and towns, penalty for unauthorized use of, 361
Ballot, single, to contain names of all national, stale, district, and

county officers voted for 539

Ballots at elections, priuling and distributing of 498

Bank, Savings, Brockton, incorporated 391

Banks, savings, taxation of deposits in . . . . . . . 049

trustees and receivers of, not required to make annual reports

to the legislature 534

insolvent, receivers of, to depo^it in state treasury moneys un-
claimed for one year after final settlement ordered by the

court 395

deposits and investments which may be made by . . . 547
Baptist Church and Society, Newton Corner, name changed and

doings confirmed 413

Baptist Keligious Society in Haverhill may convey real estate free of

trusts 497

Beach, Salter's, in Duxbury and Plymouth, protection of . . . 545

Beef Packing Company, Boston, abatement of taxes .... 651
Belmont, town of, Fitchburg and Massachusetts Central Railroad

Companies may change their location in ... . 465

appropriation for a public park, ratified 586

Berkshire county, commissioners of, may sell buildings in Adams,

and join with town in erection of new buildings . . . 578

Berkshire Water Company, charter amended ^11

iv Index,

Page

Beverly, town of, may refund its indebtedness 500

Birds, deer and game, protection of 637

Blackstoiie River, relative to pollution of 670

Boards of health in cities may enforce regulations concerning house

drainage 500

Boards of registrars of voters may be established in cities . . . 541

Bonds, of guardians of neglected and destitute children, relating to . 565

required of ai^pointees of the governor, to be delivered before

commissions shall issue 389

to dissolve attachments may be approved by justices of courts

and commissioners of insolvency 422

Boston, city of, children's hospital in, may hold additional estate . 445

city of, municipal courts in, appointment of constables for . 586

oily of, municipal courts in, sentences to imprisonment by . 301
city of, municipal court of, for criminal business, additional

assistant clerk may be ai>pointed 392

city of, certain prisoners in house of industry in, may be re-
leased on probation, upon recommendation of the probation

oflScer, with concurrence of the court 375

city of, applications for a jury in, under the general railroad art, 416
city of, public parks in or near; sea wall may be built on the

Boston side of the lower basin of Charles River . . . 417

city of, regulation and inspection of buildings in . . . 430

city of, probation ofhcer may be appointed in ... . 431

ciiy of, may take land and construct new reservoirs, etc. . . 436

city of, lock-ups in, to be under control of police commissioners, 441

city of, Charles River promenade may be constructed in . . 519
city of, may attach water meters to buildings supplied with

water 535

city of, registration of voters in 551

city of, terms of office fixed by ordinances in ... . 558
city of, abatement of nuisance and preservation of the public

health in (Prison Point Bay) 5G6

city of, required to abate a nuisance in Mystic Lower Pond . 645

city of, dog shelter in, may be established 602

city of, concerning elections in 612

Boston and Albany Railroad, suit against, to be discontinued by

attorney-general 667

Boston Beef Packing Company, abatement of taxes of . . . 651
Boston, Clinton, Filchburg and New Bedford Railroad Company may
purchase the Framinghain and Lowell Railroad, antl form

new corporation 479

Boston harbor, construction of railroads across deep channels of,

restricted 452

Boston and Ilingham Steamboat Company, may increase capital stock, 414
Boston and Lowell, and Nashua and Lowell Railroad Corporations,

may unite 420

Boston and Maine Railroad, to build bridge over Merrimack River at

Haverhill ........... 588

Index. v

Page
Boston Protective Department, disabled members of, may bo pen-
sioned •j'Jl

Boundary line between Massacbusetts and Rbode Island, commis-
sioners on, to be appointed 657

Boundary line between Chilniark and Tisbury, to be establisbed . . 055
Boundary lines of cities and towns bordering on tbe sea, to be defined

from higb-water mark 518

Bounties to agricultural societies, concerning 6U7

Bridge, of tbe Boston and Maine Ilaiiroad over tbe Merrimack River

at Haverhill, relating to 588

Bridge from Brandt Island to main land in town of Maltapoisett. . 423
Bridge over Green Harbor River, in Marsbfield, authority for construc-
tion of, repealed 580

Bridge across Merrimack River between Groveland and Haverhill, re-
construction of 455

Bridge and highway over Ipswich River, construction of . . . 380
Bridges across Merrimack River, below Haverhill, commissioners to

report to legislature concerning widening draws in . . 656

Bridge-guards to be erected above all railroad tracks .... 394

Bridgewater, state normal school at, allowance for laboratory . . 659

state workhouse at, release of prisoners from, for good conduct, 378

Bristol, first district court of, salary of clerk 581

Bristol county, assistant clerk for 589

Brockton, town of, may issue additional water scrip .... 376

city of, establisbed 503

Brockton Savings Bank, incorporated 391

Brookline, town of, pipes and reservoirs in, for water supply for Bos-
ton; hydrants to be establisbed 437

Bureau of statistics upon the subject of labor, chief of, to prepare and
distribute pamphlet upon industrial conciliation and arbitra-
tion 661

Butter and cheese, to prevent deception in sales of ... . 615

543

570

Cambridge, city of, public esplanade in

Cambridge and Somerville, cities of, relating to certain sewers in
Camp-ground, state, in Framingbam, fee for license of vehicle for

conveyance of passengers to

Cape Cod Canal Company, time for filing location, extended

Cattle, contagious diseases among, compensation to owners of cattle

killed

contagious diseases among, allowance for extermination of
Cemetery Association, Maple Grove, in Westport, incorporated .
Centennial celebration at Yorktovvn, militia may be ordered to attend, 667
Central Berkshire, district court of, town of Washington within ju-
risdiction of 423

Central Middlesex, district court of, to have jurisdiction of crimes

committed in state prison 378

396
362

499
664
412

Index.

Central Whait and Wet Dock Corporation, in addition to act incor-
porating

Change of names

Cliarlemont, town of, allowance for building bridge over Deerfield

River

Charles River, sea wall may be built on the Boston side of the lower

basin of

Charles Rivi-r Embankment Company incorporated . . . .
Charles River promenade, construction authorized , . . .
Charles River Valley, etc., relating to drainage of . . . .
Cheese and butter, to prevent deception in sales of ... .
Chelsea, city of, charter of, revised and consolidated ....
Chicopee Falls, village of, to be supplied with water ....
Children, neglected and destitute, bonds of guardians of .
Children's hospital in Boston may hold additional estate
Chilmark and Tisbury, towns of, boundary line between, to be estab-
lished

Church, Evangelical Lutheran Trinity, of the unaltered Augsburg

Confession, in Boston, organization confirmed
Church, Saint John's, Boston Highlands, incorporated
Cities, boards of health in, may enforce regulations concerning house

drainage

Cities, boards of registrars of voters may be established in .

Cities and towns, may appoint harbor masters

Cities and towns, seals and badges of, penalty for unauthorized use of,
Cities and towns, clerks of, to record certificates of married women

proposing to do business on separate account
Cities and towns bordering on the sea, boundary lines to be defined

from high water mark

City of Boston, municipal court of, for criminal business, additional
assistant clerk may be appointed . . . ,
municipal courts in, sentences to imprisonment by ,
municipal courts in, appointment of constables for .
applications for a jury in, under general railroad act .
public parks in or near; sea wall may be built on Boston side

of the lower basin of Charles River
regulation and inspection of buildings hi .
probation officer may be appointed in .
may take land, and construct new reservoirs in Boston,

ton, or Brookline

police commissioners to have control of lock-ups in .
construction of Charles River promenade in, authorized
may attach water meters to buildings supplied with water
certain prisoners in house of industry in, may be released on

probation

registration of voters in

terms of office, etc., fixed by ordinances

abatement of nuisance and preservation of the public health in

(Prison Point Bay)

New-

Page

384
716

662

417
543
511)
668
615
522
604
565
445

655

604
396

500
541
359
361

393

518

S92
361
586
416

417
430
431

436
441
619
535

875
551

658

566

Index. vii

Page

City of Boston required to abate a nuisance in Mystic Lower Poiul . 645

dog shelter in, may be established fi(j2

elections in, concerning 612

City of Brockton established 503

City of Cambridge, relating to sewage in 570

public esplanade in 548

City of Chelsea, charter revised and consolidated 522

City of Fall River, charter amended 402

City of Gloucester, water supply for 4(51

City of Haverhill, hospital in, concerning 420

may occupy portion of a public landing 438

City of Holyoke, reimbursement of state aid to 663

City of Lowell, number of aldermen increased 421

City of Lynn, police court of, salaries of standing justice and clerk . 612

City of Maiden established 4(;5

City of Newburyport, streets in, may be opened by Peabody and Vic-
toria Mills for laying gas pipes .362

water supply for 395

City of Newton, reimbursement of state aid to (i63

public parks may be laid out in 488

pipes and reservoirs in, for water supply for Boston . . . 437

police court in, salaries of standing justice and clerk . . . 582

City of Salem may take and fill certain flats in North River . . 546

City of Somerville, relating to sewage in 570

City of Worcester may purchase, hold, etc., certain land . . .451
land of the Commonwealth in, may be taken to improve Sum-
mer Street in 440

may take waters of Tatnuc Brook 592

sewage of, report to be made to legislature concerning . . 670

Civil government, list of national, state, district and county officers . 735
Clarendon Hills Evangelical Society, name changed . . . .418

Clerk, executive, may be appointed by governor and council . . 445
Clerk of the police court of Holyoke, office of, established . . . 446
Clerk, assistant, for the county of Bristol, provided for . . . 589
Clerk, assistant, of tlie municipal court for criminal business, in Bos-
ton, additional, may be appointed ...... 392

Clerks of cities and towns to record certificates of married women

proposing to do business on separate account , . . 393

Clinton, town of, water supply for 359

Cohasset, town of, water supply for 390

Clubs for dispensing intoxicating liquors to be deemed common nui-
sances in towns, etc., where votes have been passed not to

grant licenses .^.53

Collectors of taxes, transfer of tax lists by, to successors . . . " 442
College of Pharmacy, Massachusetts, time of holding annual meeting,

changed 36.>

Color blindness, persons affected with, not to be employed by railroad

companies 517

Commissioner of corporations and deputy tax commissioner, extra

clerical assistance for 496

viii Index.

I'age
Commissioners, county, return of record of votes for, to be made

witliin ten days after election 393

party awarded to pay damages by, for land taken by other than

the commissioners themselves, may have a jury . . . 3'}9
commissioners of savings banks to see that provisions of G. S.

17, § 103, and 1874, 162, are complied with by . . . 4:2
Commissioners on inland fisheries, certain returns to be made to, on

or before the twentieth of October, annually . . . 373
Commissioners of insolvency may approve bonds to dissolve attach-
ments 422

not required to make returns to bank commissioners . . . 500
Commissioners of prisons, returns from courts and trial justices to be

made to 393

Commissioners of savings banks to report to the legislature, on or be-
fore Jan. 15, concerning auditing accounts of county officers, 550

Commitments to insane hospitals regulated 590

Common carriers of passengers, trial of actions against, for loss of

life by negligence 521

Commonwealth, land of, may be taken for the improvement of Sum-
mer Street in Worcester 440

right of, to vote on its stock in railroad corporations . . . 422
securities held by, repeal of law requiring them to be stamped . 586
Com!nonwealth's flats at South Boston, in relation to . . . . G71
Compensation of standing and special justices of municipal, police

and district courts 585

Complaints and indictments, copies of, to be sent with prisoners sen-
tenced to state prison, and reformatory prison for women . 428
Compounds, explosive, combustible, etc., use of, regulated in manu-
facturing establishments 441

Conditional pardon, time between subsequent arrest and, not to be

taken to be part of term of sentence 456

Conditional sale of personal property, right of redemption by vendee . 552
Connecticut River and tributaries, fisheries in, regulated . . 3S1, 422

Connecticut River Railroad, provisions affecting 429

Constables for municipal courts in Boston, appointment of . . . 586
Constitution, amendment to, to prevent tlie disfranchisenuMit of sol-
diers and sailors becoming paupers, to be submitted to the

people 005

Contagious diseas.es among cattle, allowance for oxtorminating . . 064
compensation to owners of cattle killed by oiiler of the com-
missioners on 499

Convicts, female, discharged from prison, agent for assistance to . 498

Corporations, suits brought by or against, relating to . . . . 428

state taxes upon, collection and abatement of . . . . 452

transfer of stock in, relating to 644

Cooperative saving fund and loan associations, concerning . . . 594
Costs in trials in superior court instead of before sherilT's jiu'ies, re-
lating to 432

(yosts under the trustee process, concerning 549

Index. ix

I'age
County coinmissioiiei-s, return of record of votes for, to be made

within ten days after election 393

party awarded to pay damages by, for land taken by other tlian

the commissioners tliemselves, may liave a jury . . . 359
commissioners of savings banks to see that provisions of G. S.

17, § 103, and 1874, 162, are complied with by . . . 422

(Jouiity officers, salaries to be paid monthly 453

County officers, auditing of the accounts of 550

County taxes, granted 657

County taxes, to secure a more equal apportionment of . . , 455
Couit, district, of Central Berkshire, town of Washington within juris-
diction of 423

district, Bristol, first, salary of clerk 581

district, of Central Middlesex, to have jurisdiction of crimes,

etc., committed in state prison 378

district, second, of Eastern Middlesex, established . , . 435
district, of Southern Worcester, first, salary of standing jus-
tice 580

district, of Southern Worcester, second, salary of standing jus-
tice 580

district, of Eastern Worcester, first, salary of standing justice . 580
disti ict, of Plymouth county, first, salary of clerk . . . 581
Court, municipal, of the Charlestown district, in Boston, salary of

standing justice 586

municipal, of the East Boston district, in Boston, salary of

clerk 582

municipal, of the Koxbury district, in Boston, salary of assistant

clerk 582

municipal, of Boston, for criminal business, may have an addi-
tional assistant clerk 392

Court, police, in Lee, salary of standing justice 581

police, of Lynn, salaries of standing justice and clerk . . 612
police, in Newton, salaries of standing justice and clerk . . 582
police, of Holyoke, office of clerk of, established . . . 446

Court, probate, to have exclusive original jurisdiction of cases con-
cerning the support of insane married women . . . 375

probate, certain proceedings in, confirmed 638

probate, registers of, to keep docket of cases ; may issue process

of attachment, etc. 549

probate, in Plymouth county, times and places of holding . 534
probate, iu Suffolk county, to be held every Monday in the year,

except the first, second and fourth Mondays in August . 429
Court, superior, taxation of costs in trials in, iustead of before sheriff's

juries 432

superior, for civil business in the county of Suffolk, salary of

second assistant clerk ........ 583

Court, supreme judicial, jurisdiction of, in equity, relating to taking
of laud by railroads before crossings aie determined and
locations filed -i'Jl

X Index.

Page
Court, supreme judicial, a jurige nf, sitting for arraignment of person

charged witli murder, may commit him, if insane, to lunatic

hospital 457

Court rooms, minors, as spectators, may be excluded from . . . 50S

Courts, justices of, may approve bonds to dissolve attachments . . 422

Courts of insolvency, jurisdiction of 5fi2

Courts, municipal, district and police, jurisdiction of, in ca«es of

assault and battery 501

compensation of standing and special justices .... 585

Courts, municipal, in Boston, appointment of constables for . . 586
municipal, in Boston, may sentence to house of industry instead

of jail or house of correction .361

Courts and trial justices to make returns to commissioners of prisons, 39.3

Cranberry Company, Sesuet, incorporated 642

Criminal insane, plan concerning, to be reported by the board of health.

lunacy and charity 6.59

Crosby Steam Gauge and Valve Company, abatement of taxes of . 652
Crossings at grade may be discontinued by railroad companies with

approval of railroad commissioners 431

Crossings of highways and other ways, by railroads, to be determined

by county commissioners before land can be taken, etc. . 427
Cruelty to Animals, Society for Prevention of, may establish a dog

shelter in Boston 602

may cause abandoned animals to be killed 605

Dairy Company, Massachusetts, incorporated 520

Damages for lands taken for public uses, assessment of . . . 3.59
Damages occasioned by the construction of railroads, to secure pay-
ment of 454

Danvers Lunatic Hospital, allowance to trustees of ... . 6.59
Debt of the Commonwealth, portion of, to be refunded or paid . 533, 669

Debtors, insolvent, relating to discharge of 564, 585

Debtors, judgment, concerning arrest, etc., of 587

Deer, birds and game, protection of 637

Descent of real estate of husband and wife dying intestate and with-
out issue 428

Deposits in savings banks, taxation of 649

Deposits and investments by savings banks and institutions for savings, 547
Disabled soldiers' employment bureau, allowance to .... 658
Diseases, contagious, among cattle, allowance for exterminating . 664
compensation to owners of cattle killed by order of commission-
ers on 490

Discharge of insolvent debtors, relating to 5(>4, .585

Discharged female convicts, agent for assistance of, may be appointed

by prison commissioners 498

Disfranchisement of certain soldiers and sailors becoming paupers,

proposed amendment to the constitution to prevent . 605

Index.

Distribution of insolvent estates of deceased persons . . . .

District attorney, assistant, for the northern district to be appointed,

District attorneys, salaries of, established

District court of Bristol, first, salary of clerk

of Central Berkshire, town of Washington within jurisdiotion of,
of Central Middlesex to have jurisdiction of crimes, etc., com-
mitted in state prison

second, for Eastern Middlesex, established ....
first, of Southern Middlesex, town of Natick set off from juris

diction of

of Plymouth County, first, salary of clerk ....
of Southern Worcester, first, salary of standing justice
of Southern Worcester, second, salary of standing justice
of Eastern Worcester, first, salary of standing justice

District courts, standing and special justices of. compensation of
jurisdiction of, in cases of assault and battery .

Divorce, trial of causes of, and the right to marry of parties agains
whom divorce has been granted

Dock and Elevator Company, East Boston Railway, incorpor.ated

Dock and Elevator Company, Ocean Terminal Railroad, incorporated

Documents released from conditions of sale, etc

Documents, public, printing and distribution of .

Dog shelter in Boston may be established by the Society for Preven
tion of Cruelty to Animals

Donnelly, John, allowed state aid

Double taxation, property relieved from, in certain cases

Dow, Eugene M., minor child of George C. Dow, allowed state aid

Drainage of the Mystic Yalley and neighborhood of Boston, plan to be
reported to legislature

Drill, military, in the public schools

Drunkenness, punishment for

Duxbury and Plymouth, Salter's Beach in, protection of

Pace
45:^

r)07
-.81
423

878
485

552

581
580
580
580
585
501

502
008
508
052
617

602
660

640
605

068
510
500
545

East Boston Railway, Dock and Elevator Company, incorporated . 008

East Haven Company incorporated 554

Eastern and Fitchburg Railroad Companies, indenture between, rati-
fied and confirmed 444

Eastern Middlesex, second district court of, established . . . 4"'5

Edgartown, Great Pond in, fisheries in 890

Edgartown, ditching of South Beach in, authorized .... 89()
Election of county commissioners, return of record of votes to be

made within ten days of 898

Elections, preservation of order at; smoking in voting places prohib-
ited 597

ballots at, printing and distributing of 498

of national, state, district and county ofiioeis, a single ballot to

be used at 589

Xll

Index.

Elevator Company, East Boston Railway, Dock, anil, incorporated
Elevator Company, Ocean Terminal Railroad Dock and, incorporated,
Embankment Company, Charles River, incorporated .
Emery Company, iVlden, name chan.Ljed to Walpolo Emery Mills
Empanelling of juries in the county of Suffolk, relating to
Employment bureau, disabled soldiers', allowance to .
Engineer at .stale prison, to be one of the odicers of the prison .
Estate, real, of husband and wife dying intestate and without issue

descent of ........ .

Estate, real, relieved from double taxation in certain cases .

Estates, insolvent, of deceased persons, distribution of

Evangelical Lutheran Church of the unaltered Augsburg Confession

in Boston, organization confirmed ....
Examination of debtors and witnesses in proceedings in insolvency

and the discharge of insolvent debtors ....
Exchange, Massachusetts Fish, incorporated ....

Exchange, Mechanics', incorporated

Exci.se tax of one quarter of one per cent upon life insurance cmn

panics ..........

Execution, levy of, upon real estate, service of notice in

Execution, right of redeeming real estate from tax sales, etc., n ay be

taken and sold on

Executive clerk, and messenger, may be appointed by the governor

and council

Executors, suits brought by or against, relating to . . .

delivery of property by, upon resignation, to their successors
guardian.s, a.dministrators and trustees, relating to removal of
Explosive, combustible and inflammable compounds in manufactur

ing establishments, use of, regulated ....
Eye and Ear Infirmary, Massachusetts Charitable, allowances to, OG

Factories and public buildings, inspection of

Fall River, city of, charter amended

Farcy or glanders, animals diseased with, may be killed, by order of
commissioners, without appi'aisal

Farmer and Gardner Manufacturing Company, name changed to
Spi-ingfield Sewing Machine Company

Fees for apprehension, commitment, etc., of insane persons to be

paid by the county

for use of lock-ups, established

for inspection of gas meters by deputies, to be collected by the
inspector . .

Female convicts discharged from prison, agent for as-istance to .

Ferry across Merrinuvck R-.ver, between Ilaverhill and Groveland

Fidelity insurance, business of, not to be transacted by any company
with capital less than .iiinCOOO

Fines and costs may be paid to keepers of jails and houses of correc-
tion, the same to be paid over quarterly to county trca?urer.

Pa-e
H)8
503
543
874
041
058
497

428
(546
453

G04

504
375
391

551
539

378

445
428
443

637

441
I, 008

517

402

499

371

500
394

409
498
3S3

3S4

384

Index.

Xlll

Firearms, proving of, law requiring, repealed ....

Fire district of Cliicopee Falls in Chicopee, water supply for

Fire district of South Adams, water supply for . . . •

Fire insurance policies, standard form of, established .

Fire insurance, mutual, limitation of policy to three-foui ths of value
of property insured, repealed

Fish Exchange, Massachusetts, incorporated ....

Fisheries, inland, cominissioneri on. returns to be made to, annually
on or before the twentieth of October ....
in Connecticut Eiver and tributaries regulated . . . oSl,
in Great Pond in Edgartown, relative to ... .
in Indian Head River in Hanson regulated ....
in Merrimack River and tributaries regulated ... 4
in North River in Plymoutli County regulated ...

Fishing Company, Flax Pond, fishway to be constructed
Long Pond, in Yarmouth, charter amended
Nine Mile Pond, incoiporated

Fitchburg and Eastern Railroads, indenture between, ratified

Fitchburg and Massachusetts Railroads may change location in Bel
niont

Flatley, Thomas, justice of the peace, acts of, confirmed

Flats of the Commonwealth at South Boston, in relation to

Flax Pond Fishing Company, fishway to be constructe<l

Florid;!, town of, allowance for support «( htate paupers in
allowance for building bridge over Deerfield River

Folsom, Charles F., allowance to

Forbes, Charles E., provisions of will of, may be adopted and exe
cuted by the town of Northampton ....

Forbes Library, trustees of, incorporated

Forfeiture of policies of life insurance, limited ....

Framingham, town of, fee for license of vehicle for conveyance <
laassengers to state camp-ground in ... .
to be supplied with pure water

Framingham and Lowell Railroad, purchasers of, may organize a new
corporation .........

Freeman, Priscilla, rights of, in lands bordering upon Tisbury Great
Pond, to be investigated

Friends, Society of, marriages in, concerning ....

Page

r.04

4(J(i

a:>1

4(U

37;^.

422
896
380
423
379
643
381
374
444

465
664
671
643
661
662
667

562
575
392

396
536

479

663
361

Game, protectipn of 637

Gas Light Company, Newton and Watertowri, may lay pipes in Need-
ham and Weston, and increase capital stock . . . 425

Gas meteis, fee for insiDeclion of, by deputies, to be collected by the

inspector 409

Gay, Ebene/.er, allowance to 650

Glanders or farcy, animals diseased with, may be killed, by order of

commissioners, witliout appraisal 499

XIV

Index.

Page
Globe Rubber Company, name changed to the rrushan Rubber Com-
pany 3-,8

Gloucester, city of, water supply for 4(51

Gloucester Street Railway Company, incorporate! .... 603

Gloucester "Water Supply Company, Incorporated 4C,l

Governor, address of, to the legislature 073

special messages to the legislature 702.711

appointees of, required to give bonds, must deliver the same

before commissions shall issue ...... .389

appointments by, may be revoked unless the tenure of oflSee is

fixed by the constitution or law 389

Governor and council may appoint an executive clerk and messenger, 445
Grade crossings may be discontinued by railroad companies, under

direction of the railroad commissioners .... 431

Grand Army of the Republic, camp equipage may be loaned to . . 654
Green Harbor River, in Marshfield, authority for building bridge over,

repealed 580

Groveland and Haverhill, bridge across Merrimack River, between,

reconstruction of 455

ferry across Merrimaclc River between 383

Guarantee capital stock of mutual fire insurance companies, redemp-
tion of 593

Guardians, suits brought by or against, relating to ... . 428

delivery of property, upon resignation, to their successors . 443

relating to removal of 637

of neglected and destitute children, relating to bonds of . . 565

Hamilton Manufacturing Company, may increase capital stock .
Hampden, The First Congregational Society of, name established
Hampden county, judge of probate and insolvency of, salary of .
Harbor, Boston, construction of railroads across deep channels of

restricted

Harbor and land commissioners, board of, salaries established .

to report to legislature concerning widening draws in bridge

across Merrimack River

Harbor masters maybe appointed by the mayor and aldermen of cities

and the selectmen of towns

Hartford and Connecticut Valley Railroad Company of Connecticu

may build road in Massachusetts

Hathaway, Hosea, allowance to, for damage to ice business

Haverhill, city of, hospital in, concerning

may occupy portion of a public landing ....
Baptist Religious Society in, may convey real estate .
Haverhill and Groveland, bridge across Merrimack River between, re

construction of

Haverhill and Groveland Street Railway Company may establish :

ferry, temporarily, across Mcirimnck Kiver .

372
413
583

4.-.2
607

656

.350

420
658
420
4:iS
497

4.j5

38:}

Index.

Health, boards of, in cities, may enforce regulations concerning

house drainage

Health, lunacy and charity, board of, to report concerning criminal

insane

Highways, injuries received upon, relating to notices of
loss of life by defect in, actions against towns, etc.
crossings of, by railroads, to be determined by county commis-
sioners before land can be taken for construction of road
Hingham Water Company, in addition to act incorporating .

Hingham, town of, water supply for

Hinsdale, Public Library Association of, choice of directors of .

Holiday, legal, the thirtieth day of May . . .

Holmes Hole Union Wharf Company, name changed to Vineyart

Haven Whai'f Company

Holyoke, city of, police court of, office of clerk, established

city of, reimbursement of state aid to

Home for Aged Men may hold additional real and personal estate

Home Circle, Supreme Council of the, charter amended

Hoosac Tunnel and Troy and Greenfield Railroad, management of

double tracking and improvement of .
Hospital, children's, in Boston, may hold additional estate .
Hospital in the city of Haverhill, concerning
Hospital Life Insurance Company, Massachusetts, concerning
Hospital, lunatic, at Danvers, allowance for completion of tire appa-
ratus, etc,

lunatic, at Taunton, allowance for buildings, etc.
Hospitals, insane, commitments to, regulated ....
Housatonic Kailroad Company to construct a station at Stockbridge
House of Lidustry in Boston, certain prisoners in, may be released
upon pnjbalion, upon recommendation of the probation
officer, with concurrence of the court .....

sentences to, by the municipal courts

Houses of correction, masters of, may receive fines and costs, and
shall pay over quarteily to the county treasurer .
prisoners in, may be furnished with reading matter .

aid for prisoners dischaiged from 434

Hull, town of, water supply for 390

Husband and wile dying intestate and without issue, desceiit of real

estate of 428

Hyde, Alexander, allowance to widow of 653

Hyde Park, The Clarendon Hills Congregational Society of, name

established 418

5U0

565
ozl

427

3S9
420
395

374
446
063
374
370
559

611, 671
445
420

411, 649

659
668
596
557

375
361

384
433

Indexes in registries of deeds, concerning 422

Infirmary, Massachusetts Charitable Eye and Ear, allowances to . 661, 668
Indian Head lliver, in Hanson, fisheries in, regulated .... 380
Indictments and c( mplaints, copies of, to be sent with prisoners sen-
tenced to slate prison, and reformatory prison for women . 428

XVI

Index.

Page
375

601
565

373

Industry, house of, in Boston, sentences to, by the municipal courts .

release of prisoners from, on probation

Industrial conciliation ami arbitration, pamphlet upon, to be prepared

and distributed

Injuries received upon liighways, relating to notices of ...

Inland fisheries, commissioners on, certain returns to be made to, an-
nually, oil or before the twentieth of October ....
Insane, criminal, board of health, lunacy and charity, to report a plan

concerning 659

Insane liospitals, commitments to, regulated 596

Insane married women, jurisdiction of cases concerning support of . 375
Insane persons, apprehension and commitment of, expenses of, to be

paid by the county 500

Insane persons in private asylums, may be transferred to state lunatic

liospitals, etc., with consent of guai'dians .... 499
Insane persons held for trial or sentence, may be removed to state lu-
natic hospitals 450

Insolvency, examination of debtors and witnesses in proceedings in . 564

commi-isioners of, may approve bonds to dissolve attachments . 422

commissioners of, not required to make returns to bank com-

niissionei'S ..........

courts of, jurisdiction of ........

Insolvent debtors, discbarge of

Insolvent estates of ileceased persons, distribution of .
Insolvent savings banks, receivers of, to deposit in state treasury,
moneys unclaimed for one year after final settlement ordered

by the court

Inspection of buildings in the city of Boston

Inspection of factories and public buildings, relating to

Inspection of gas meters by deputies, fees for, to be collected by

inspector

Inspectors of factories and other public buildings, to enforce law con

cerning use of inflanunilble compounds, etc.
Institute of Technology, Massacliusetts, time extended for erection of

buildings of, in Boston

Institute, Teabody, in Peabody, incorporated

Insurance, fidelity, business of, not to be transacted by any company

with capital less than $200,000

fire, standard form of policies of, established

life, policies of, forfeiture of, limited

mutual fire, limitation of policy of, to three- fouri lis of value o

property insured, repealed

Insurance companies, joint slock, voting of stockholders of, regulated
mutual fire, redemption of guarantee capital stock of.
life, excise tax upon, of one-nuarter of one per cent .
Insurance Company, Massachusetts Hospital Life, coneerning

500
. 562
564, 585
. 453

395
430
517

499

442

424
451

3S4
457
o92

461
443
593
651
411, 640

Insurance Company, Massachusetts Mutual, may change its name to

Mas.i.icliusetts Mutual Fire liisiiiiiiiee Comijanj . . , 003
International Tru>t Comi)any, charter amended 394

Index. xvii

Pag.!

Intoxicating liquors, licenses for sale of, to be granted or otherwise, as

tlie cities and towns resi)ectively by vote direct (local option), 387
screens and other obstructions where intoxicating liquors are

sold 5")3

applications for licenses to sell, to be published in newspapers . 5So
certain clubs to be deemed common nuisances, where votes liave

been passed tiot to grant licenses for sale of .... 5.;3

Investments and deposits by savings banks and institutions for savings, 547

Ipswich Kiver, construction of highway and bridge over . . . 380

Jail in Suffolk, prisoners in, may, with consent of the court, be re-
moved to house of correction for completion of sentence . 551
Jails and houses of correction, keepers of, may receive fines and costs,

and shall pay over quarterly to county treasurer . . . 384
Jails and houses of correction, prisoners in, may be furni.shed with

readitig matter 433

Jails and hoitses of coriection, aid for prisoners discharged from . 434

Judgment debtors, an-est of, etc., concernitig 587

Judicial department 751

Juries, slierilLs', costs in trials in superior court, instead of before . 43^:

Juries in the county of Suffolk, empanelling of, relating to . . . 641

Jurisdiction of courts of insolvency in certain cases .... 562
Jurisdiction of municipal, district and police courts in cases of assault

and battery 501

Jurisdiction of offences committed in the slate prison . . . ." .378

Jury, applications for, in Boston, under tlie general railroad act . . 416

Justice of the peace, Matthew J. McCafferty, acts of, confirmed . .376

Nathan Morse, acts of, confirmed 650

Jolni O. Teele, acts of, confirmed 662

Thomas Flat ley, acts of, confirmed 664

Justices of courts may ajsprove bonds to dissolve attachments . . 422

Labor, bureau of statistics upon the subject of, to prepare and dis-
tribute pamphlet upon industrial conciliation and aibiira-

tion 661

Lancaster Railroad Company, charter revised ..... 446

Land in city of Worcester may be purchased, held, etc., by the city . 451

Land commissioners, harbor and, salaries of, e>tabli5hed . . , 607

to report to legislature concerning widening draws in biidges

across Merrimack Elver 656

Laud of tlie Commonwealth may be taken for the improvement of

Summer Street in Worcester . ' . . . . . 440
Lands not to be taken by railroads, before questiou of crossings has

been determined and location filed 427

xviii Index.

Page

Lauds, partilion of, relating to 4US

taken for public uses, assessment of damages for . . . H'lU
moilgaged, relieved from double taxation in certain ca>es . (346
mortgaged, taken for public uses, rights of mortgagor and mort-
gagee 426

Law library associations, relative to 415

Laws, special, volume of, to be published (i^it

Lee, town of, water supply for 411

police court of, salary of standing justice 581

Levy of execution upon real estate, service of notice in . . . 539

Lexington Water Company, incorporated 589

Library Association of Hinsdale, Public, choice of directors of . . 420

Library, Forbes, trustees of, incorporated 575

Library, law, associations, relative to 415

Library, state, allowance for purchase of law reports, etc. . . . UC4
Licenses for sale of intoxicating liquors to be granted or otherwise, as

the cities and towns respectively by vote direct . . . 387

applications for, to be published in newspapers .... 583

Life insurance, policies of, forfeiture of, limited 392

Life insurance companies, excise tax upon, of one-quarter of one per

cent 5") I

Life Insurance Company, Massachusetts Hospital, concerning . 411, 0-19

Lincoln, Isadora F., allowed state aid G52

Liquors, intoxicating, licenses for sale of, to be granted or otherwise,

as the cities and towns respectively by vole direct . . 387
screens and other obstructions where intoxicating liquors are

sold, not to be allowed 553

certain clubs to be deemed common nuisances, where votes

liave been passed not to grant licenses for sale of . . 553
applications for licenses for sale of, to be published in news-
papers 583

Loan associations, cooperative saving fund and, concerning . . 594

Loan and Trust Company, American, incorporated .... 4u8

Loan and Trust Company, Massachusetts, charter amended . . 419

Lobsters, preservation of 594

Locations of railroads, records of, concerning 3^8

Lock-ups, fees for use of, established ....... 394

Lock-ups in the city of lioston, to be under control of police commis-
sioners 441

Long Fond Fishing Company in Yarmouth, chai'ter auieialtd . . 381
Lowell, city of, number of aldermen in, increasetl .... 421
Lunatic hospital at Danvers, allowance for completion of lire appa-
ratus, etc 659

at Taunton, allowance for buildings, etc 668

Lunatic hospitals, commitments to, regulated 596

Lynn, city of, police court of, salaries of standing justice and clerk . 612
Lynn and lioston liailroad Company may purchase and hold real estate,

and increase capital stock 449

Index. xix
M.

Page
McCafferty, Matthew J., acts done by, as justice of the peace con-
firmed 376

McGrath, John, annual allowance to, for five years .... 650

Maiden, city charter granted 465

Male prisoners, reformatory for, concerning establishment of . . 664
Manufacturing CoTupany, Farmer and Gardner, name changed . . 371
Manufacturing Company, Hamilton, may increase capital stock . . 372
Manufacturing establishments, use of explosive, combustible and in-
flammable compounds regulated iu 441

Maple Grove Cemetery Association in Westport, incorporated . . 412

Marblehead, town of, may establish a public park .... 447

Marriages in the Society of Friends, concerning 361

Married woman, proposing to do business on her separate accoiint, to
record certificate in clerk's office of city or town where busi-
ness is to be done 392

Married woman, insane, jurisdiction of cases concerning support of . 375
Marshfield, town of, authority for building bridge over Gi'een Harbor

Eiver in, repealed 580

Massachusetts Central Railroad Company, location and construction

of road of 418, 501

Massachusetts Central and Fitchburg Railroads may change locations

in Belmont 465

Massachusetts College of Pharmacy, time of holding annual meeting

changed 363

Massachusetts Charitable Eye and Ear Infirmary, allowances to . 661, 668

Massachusetts Dairy Company, incorporated 520

Massachusetts Fish Exchange, incorporated 375

Massachusetts Hospital Life Insurance Company, concerning . 411, 649
Massachusetts Institute of Technology, time extended for erecting

buildings in Boston 424

Massachusetts Loan and Trust Company, charter amended . . 419
Massachusetts Mutual Insurance Company, may change its name to

Massachusetts Mutual Fire Insurance Company . . 603

Mattapoisett, town of, bridge from Brandt Island to mainland in . 423

Mechanics' Exchange, incorporated 391

Medical examiner, associate, for Suffolk county 686

Medfoi-d, town of, preservation of public health in ... . 645

Memorial day, the thirtieth day of May, made a legal holiday . . 395
Merrimack Eiver, bridge across, between Groveland and Haverhill,

reconstruction of 455

ferry across, may be established temporarily by the Haverhill

and Groveland Street Railway Company .... 383

at Haverhill, bridge of the Boston and Maine Railroad over . 588

Merrimack River, and tributaries, fisheries in, regulated . . 422, 423

Messenger may be appointed by the governor and council . . . 445

Meters may be attached to buildings supplied with water by the city

of Boston 535

XX Index.

Page

Middlesex Agricultural Society, allowed bounty 652

Middlesex, Central, district court of, jurisdiction of crimes committed

in state prison 378

Middlesex, Eastern, second district court of, established . . . 435
Middlesex, Southern, first district court of, town of Natick set off

from jurisdiction of 552

Milford, town of, water supply for 399

Milford Water Company, incorporated 399

Military equipage may be loaned to posts of the Grand Army of the

Eepublic 654

Military drill in the public schools 516

Militia, concerning 600

Militia, may be ordered to attend centennial celebration at Yorktown, 667

Mills, Walpole Emery, name established 374

Minors, as spectators, may be excluded from court rooms . . . 598
Monson, state primary school at, allowance for buildings, etc. . . 607
Morse, Nathan, justice of the peace, acts of, confirmed . . . 650
Mortgaged lands taken for public uses, rights of mortgagor and mort-
gagee 426

Mortgaged real estate, relieved from double taxation in certain cases . 646
Municipal court, of Boston for criuiiual business, may have an addi-
tional assistant clerk 392

of the Charlestowu district, in Boston, salary of standing jus-
tice 586

of the East Boston district, in Boston, salary of clerk . . 582

of the Koxbury district, in Boston, salary of assistant clerk . 582
Municipal courts in Boston may sentence to house of industry, instead

of jail or house of correction 361

Municipal courts, jurisdiction of, in cases of assault and battery . 501
Municipal, police and district courts, standing and special justices of,

concerning compensation of 585

Muster-field, state, in Framingham, fee for license of vehicle for pas-
sengers to 396

Mutual fire insurance, limitation of policy to three-fourths of value of

property insured, repealed 461

Mutual fire insurance companies, redemption of guarantee capital stock

of, provided for 593

Mystic Lower Pond, nuisance in, to be abated by the city of Boston . 645

Mystic Kiver Corporation, provisions affecting 5C9

Mystic Valley and neighborhood of Boston, plan for drainage of, to be

reported to legislature 668

Names, change of 716

Nantasket Beach Railroad (Company, now corporation may be formed
under name of, from the Nantasket Beach, the Hull and
Nantasket Bcacli, and the Boston, Ilingham and Hull Hail-
road Companies 382

Index.

XXI

erk

Nantucket Agricultural Society allowed bounty

Nashua and Lowell, and Boston and Lowell Kailroad Corporations,

may unite

Natick, town of, water supply for ....

Natick, town of, set off from jurisdiction of first district court of

Southern Middlesex ....
Needham, town of, gas supply for ....
New Haven and Northampton Company may issue bonds, to be secured

by a mortgage of its railroad

New Haven and Northampton Company, provisions affecting
New London Northern Railroad Company, provisions affecting
Newburyport, city of, streets in, may be opened by the Peabody and

Victoria Mills for laying gas pipes
Newburyport, city of, water supply for .
Newburyport Water Company, charter amended .
Newton, George M., allowance to widow of .
Newton, city of, public parks may be laid out in .

police court in, salaries of standing justice and c

reimbursement of state aid to . . .

reservoir in, for water supply for Boston, etc.
Newton Baptist Church and Society, name established
Newton Corner Baptist Church and Society, name

doings confirmed

Newton and Watertowu Gas Light Company may lay pipes in Weston

and Needham, and increase capital stock
Nine Mile Pond Fishing Company, incorporated ,
Normal Art School, allowance for certain expenses of
Normal school at Bridgewater, arms may be issued to

at Bridgewater, allowance for a laboratory .

at Salem, allowance for heating and ventilating
North River in Plymouth County, fisheries regulated
Northampton, town of, may adopt and execute the wil

Forbes

Northern district, assistant district attorney for .
Notices of injuries received upon highways, relating to

Nuisance, abatement of, in city of Boston

Nuisance in Mystic Lower Pond, city of Boston required to abate

changed, and

of Charles E

Page
651

420
433

552

425

383
501
419

362
395
395
658
4S8
582
663
437
413

413

425

374
659
653
659
664
379

562
453
565
566
645

Ocean Terminal Railroad Company, provisions affecting

Ocean Terminal Railroad Dock and Elevator Company, incorporated

Offences committed in the state prison, jurisdiction of.

Office hours in the treasury regulated

Old Colony Railroad may purchase or take land in Fall River, for ad

ditional tracks

Oleomargarine, regulations concerning sale of ... .

Order at elections, for preservation of

Ordinances of the city of Boston, terms of office fixed by, etc. .

568
569
378
378

362
615
597
558

XXll

Index.

Page

Palmer, John P., town of Swampscott may pay claim of . . . 371
Pardon, conditional, time between subsequent arrest and, not to be

taken as part of term of sentence 456

Park commissioners of Boston may build sea wall on the Boston side

of the lower basin of Charles River 417

Park, public, for the town of Marblehead 447

Parks, public, may be laid out in city of Newton 488

Parks, Jane, of Cambridge, allowance to 654

Partition of lands, relating to 498

Passengers on railroads, etc., trial of actions for loss of life by negli-
gence 521

Passengers in street railway cars, in relation to limitation of number . 600
Paupers, certain persons not to be deemed, having relatives supported

in charitable institutions 500

Paupers, certain soldiers and sailors becoming, proposed amendment

to constitution to prevent disfranchisement of • , . 665
Peabody, town of, improvement of water-works and increase of water

supply in 482

Peabody Institute, in Peabody, incorporated 451

Peabody and "Victoria Mills, in Newburyport, may open streets for

laying gas pipes 302

Pepperell, town of, reimbursement of state aid to .... 603
Personal property, right of redemption of, taken in possession by

vendor for breacli of condition of sale 552

Pharmacy, Massachusetts College of, time of holding annual meeting,

changed 363

Plymouth county, first district court of, salary of clerk , . . 581

probate courts in, times and places of holding .... 534

Plymouth and Duxbury, Salter's Beach in, protection of . . . 545

Police commissioners to have control of lock-ups in Boston. , . 441

Police court of Holyoke, clerk of, office of, established . . . 446

of Lee, salary of standing justice 581

of Lynn, salaries of standing justice and clerk .... 612

of Newton, salaries of standing justice and clerk . . . 582

Police courts, jurisdiction of, in cases of assault and battery . . 501

Police courts, standing and special justices of, compensation of . . 585

Police officers may be appointed for the Troy and Greenfield Railroad, 550

Policies, fire insui-ance, standard form of, established .... 457

Policies in life insurance companies, forfeiture of, limited . . . 392

Primary school, state, at Monson, allowance for buildings, etc. . . 007

Printing and distribution of public documents 617

Prison, state, jurisdiction of offences committed in . . . . 378
prisoners sentenced to, to have copies of indictments and names

of witnesses sent with them 428

sentences to, of person already under sentence to imprisonment

in jails and houses of correction 442

engineer at, to be an officer of the prison 497

Index. xxiii

Page

Prison, state, organ for the chapel at, to he purchased .... 062

allowance to, for disposition of sewage, etc, .... 669

tenement dwelling house to be built at 656

allowance for repairs at . . . 651

Prison for women, reformatory, appointment of subordinate officers

for 379

prisoners may be released from, for good conduct . . . 415
prisoners sentenced to, copy of complaint, etc., to be sent to

superintendent 428

Prisoners, sentenced to state prison and reformatory prison for women,
to have sent with them copies of complaints or indictments

and names of witnesses . , ■ 428

in jails and houses of correction may be furnished with reading

matter 433

discharged from jails and houses of correction, aid for . . 434

release of, for good conduct 443

male, reformatory for, concerning establishment of . , . 664
in reformatory prison for women may be released for good con-
duct 415

in the house of industry in Boston may be released upon proba-
tion 375

in state workhouse at Bridgewater, release of, for good con-
duct 378

in jail in Suffolk may be removed by the sheriff to the house of

correction, with consent of the court, etc 551

Prisons, commissioners of, returns to be made to, by courts, and trial

justices 393

Probate courts, to have exclusive original jurisdiction of cases con-
cerning support of insane married women .... 375

certain proceedings in, confirmed 638

in Plymouth county, times and places of holding sessions of . 534
in the county of Suffolk, to be held every Monday, except the

first, second, and fourth Mondays of August . . . 429
Probate and insolvency, registers of, may have allowance for clerk

hire, 549

registers of, may issue process of attachment and execution . 549
registers of, to keep docket, etc., of cases, etc., in probate

court 549

judge of, for the county of Hampden, salary of . . . . 583
Probation officer may be appointed in city of Boston .... 431
Promenade, Charles River, construction of, authorized . . . 519
Protective Department, Boston, disabled members of, may be pen-
sioned 371

Proving of firearms, law requiring, repealed 373

Prushan Rubber Company, the name of the Globe Rubber Company

changed to 358

Public buildings and factories, inspection of 617

Public documents, printing and distribution of 617

Public Library Association of Hinsdale, choice of directors of . . 420

Public schools, physical exercises in 516

xxiv Index.

Page
Railroad act, general, applications for jury in the city of Boston . . 416
Railroad commissioners may authorize the running of through trains

on the Lord's Day 431

Railroad companies may discontinue grade crossings, with consent of

the railroad commissioners 431

Railroad companies not to employ persons with defective sight, etc. . 517
Railroad corporations, trial of actions against, for loss of life by negli-
gence 521

Railroad corporations, right of the Commonwealth to vote on its

stock in 422

Railkoab Corporations :

Boston and Albany Railroad, suit against, to be discontinued on

certain conditions 607

Boston, Clinton, Fitchburg and New Bedford Railroad may
purchase the Franiingham and Lowell Railroad, and make

new corporation 479

Boston, Hingham and Hull, Nantasket Beach, and the Hull
and Nantasket Beach Railroads may form one corporation
under the name of the Nantasket Beach Railroad Company, 382
Boston and Lowell, and Nashua and Lowell Railroads may unite, 420
Boston and Maine Railroad to build bridge over Merrimack

River, at Haverhill 588

Connecticut River Railroad, provisions affecting . . . 429
Eastern and Fitclibnrg Railroad, indenture betvreen, ratified . 444
Fitchburg and Massachusetts Central Railroad may change loca-
tion in Belmont 405

Framingham and Lowell Railroad, purchasers of, may organize

a new corporation 479

Gloucester Street Railway, incorporated 603

Hartford and Connecticut Valley IJailroad may build road in
Massachusetts to connect with Connecticut River Railroad

atHolyoke 429

Housatonic Railroad required to construct a station at Stock-
bridge 557

Lancaster Railroad, charter revived 446

Lynn and Boston Railroad may purchase and hold real estate,

and increase capital stock 449

Massachusetts Central Railroad, location and construction of, 418. 501
Massachusetts Central Railroad, provisions affecting . . . 446
Massachusetts Central, and Fitchburg Railroads may change

locations in Belmont 465

Nantasket Beach Railroad Company, new corporation under
name of, may be formed from the Nantasket Beach, the
Hull and Nantasket Beach, and the Boston, Hingham aiul

Hull Railroad Companies 382

Railroad of the New Haven and Northampton Company may

issue bonds secured bv mortgage of road .... 383

Index. xxv

Page

Railroad Corpok ations — Concluded.

Railroad of the New Haven and Northampton Company, pro-
visions affecting 501

New London Northern Raih-oad Company, provisions affecting . 419

Ocean Terminal Railroad, provisions affecting .... 569
Old Colony Railroad may purchase or tal<e land in Fall River

for additional tracks 362

Troy and Greenfield Railroad to have continuous power brakes

attached to engines and cars of passenger trains . . . 446
Troy and Greenfield Railroad, police officers may be appointed

for 550

Troy and Greenfield Railroad and Hoosac Tunnel, management

of 559

Troy and Greenfield Railroad and Hoosac Tunnel, double track-
ing, etc 611, 671

Ware River Railroad, provisions affecting 419

Railroad police officers for the Troy and Greenfield Railroad . . 550

Railroad tracks, bridge guards to be erected above .... 394

Railroad trains, certain, may be permitted on the Lord's Day . , 431

Railroads, crossing each other at grade, regulations governing . . 444

across deep channels of Boston Harbor,construction of, restricted, 452

damages caused by the construction of, to secure payment of . 454

connection of, with docks, subject to be reported upon by harbor

and land commissioners 656

records of locations of, concerning 388

lands not to be taken by, before question of crossings of high-
ways, etc., has been determined, and location filed . . 427
Railway Company, Gloucester Street, incorporated .... 603
Railway corporations, street, repair of roads and bridges by . . 432
Real estate, levy of execution upon, service of notice in . . . 539
Real estate of husband and wife, dying intestate, and without issue,

descent of 428

Receivers of insolvent savings banks to deposit in state treasury,
moneys unclaimed for one year after final settlement or-
dered by the court 395

Receivers of savings banks not required to make annual reports to

the legislature 534

Records of locations of railroads, concerning ' 388

Records of town proprietaries, concerning 422

Records, war, preservation of 660

Redemption of the guarantee capital stock of mutual fire insurance

companies 593

Redemption of real estate from tax sales, etc., right of, may be taken

and sold on execution, and such right may be redeemed . 378

Reformatory for male prisoners, concerning establishment of . . 664
Reformatory prison for women, appointment of subordinate officers

for 379

prisoners may be released from, for good conduct . . . 415
prisoners sentenced to, copy of complaint and names of wit-
nesses to be sent to superintendent 428

xxvi Index.

Page
Registers of deeds not required to make returns to commissioners of

savings banks 500

Registers of probate not required to make returns to commissioners

of savings banks 500

Registers of probate and insolvency, may have allowance for clerk hire, 549

may issue process of attachment and execution .... 549

to keep a docket of cases, etc., in probate courts . . . 549
Registers of voters, name of person illegally registered may be stricken

from list 587

Registrars of voters, boards of, may be established in cities . . 541

Registration of voters in the city of Boston, relating to . . . 551

Registries of deeds, concerning indexes in 422

Release of prisoners for good conduct, provided for ... . 443
Release of prisoners, for good conduct, from the state workhouse at

Bridgewater 378

Release of prisoners, upon probation, from the house of industry in

Boston 375

Religious societies. (See Societies.)

Repairs on the state house, allowance for 671

Returns of record of votes for county commissioners to be made

within ten days after election 393

Returns from courts and trial justices to be made to the commissioners

of prisons 393

Rhode Island boundary line, commissioners to be appointed on . . 657

Rowe, town of, allowance to treasurer of, for support of state pauper, 660

allowance to, for building biidge over Deerfield River . . 662
Royul Arcanum. (See Supreme Council of the Home Circle.)
Rubber Company, Globe, name changed to the Prushan Rubber

Company 358

Safe Deposit and Trust Company, Worcester, charter amended . . 439

Sailors and soldiers, state aid to 373

testimonials may be re-issued to 650

amendment to the constitution to prevent disfranchisement of, 665

Saint John's Church, Boston Highlands, incorporated . . . 396

Salaries of extra clerks in auditor's and treasurer's departments . 583

of the standing justice and clerk of the police court of Lynn . 612

of county officers to be paid monthly 453

of clerks and others, in secretary's department .... 552

of district attorneys 607

of certain appointees of the sergeant-at-arms .... 59S
of certain standing justices of the district courts in Worcester

County 580

of standing justice aiul clork of the police court in Newton . 582
of board of harbor and land commissioners .... 607
Salary of the standing justice of the municipal court of tlie Charles-
town district in the city of Boston 586

Index. xxvii

Page

Salary of the clerk of the secretary of the board of agriculture . . 588

of staiuiing justice of the police court in Lee .... 581

of clerk of first district court of Plymouth .581

of clerk of first district court of Bristol 581

of assistant clerk of the municipal court of tlie lloxbury dis-
trict in Boston 582

of the clerk of the municipal court of the East Boston district

in Boston 582

of the second assistant clerk of the superior court for civil busi-
ness in tlie county of Suffolk 583

of the judge of probate and insolvency for the county of Hamp-
den 583

Salem, city of, may take and fill certain flats in Nortli River . . 546

Salem state normal school, allowance to, for heating and ventilating, 664

Sales of butter and cheese, to prevent deception in ... . 615
Sales, conditional, of personal property, right of redemption of, when

taken in possession by vendor 552

Salter's Beach, in Duxbury and Plymouth, sand, gravel, etc., not to
be taken from, without consent of liarbor and land com-
missioners 545

Sandisfield, town of, re-establishment of school district system in,

legalized 438

Sandwich District Camp-meeting Association, doings legalized and

name changed 439

Saving fund and loan associations, cooperative, concerning . . 594

Savings Bank, Brockton, incorporated 391

Savings banks, deposits in, taxation of 649

insolvent, receivers of, to deposit in state treasury moneys un-
claimed for one year after final settlement ordered by the

court 395

commissioners of, to see that provisions of G. S. 17, § 103, and

1874, 162, are complied with by county commissioners . 422
Savings banks and institutions for savings, investments and deposits

which may be made by 547

trustees and receivers of, not required to make annual reports

to tlie legislature 534

Sawin, John William Robert, annuity granted to 653

School, Trustees of the Swain Free, incorporated .... 425

Scliool committees, right of women to vote for, etc 502

Schools, public, physical exercises in; military drill .... 516

Schools, vmion truant, may be established 444

Screens and other obstructions upon premises in which intoxicating

liquor is sold, relating to 553

Seals and badges of cities and towns, penalty for unauthorized use of, 361
Secretary of tlie board of agriculture, salary of clerk .... 588
Secretary of the Commonwealth, relating to compensation of em-
ployees in oflice of 372, 552

Securities held by tlie Commonwealth, repeal of law requiring them

to be stamped 586

XXVlll

Index.

Page
Sentences to imprisonment by the municipal courts of the city of Bos-
ton 361

Sentences to state prison, of persons under sentence to imprisonment

in jails and houses of correction 442

Sergeant-at-arms, appointees of, duties defined and compensation fixed, 598

Service of notices in levies of executions upon real estate . . . 539

Service of writs and other process against sheriffs .... 454

Sesuet Cranberry Company, incorporated 642

Sewing Machine Company, Springfield, name established . . . 371
Sheriff, writ or other process against, to be served by a sheriff or dep-
uty of an adjoining county 454

Sheriffs, special, secretary to be notified of appointment of . . 389

Sheriffs' juries, costs in trials in superior court, instead of before . 432

Ships or vessels, attacliments in suits against owners, seamen, etc., of, 433
Ships and vessels engaged in foreign trade, net yearly income only,

liable to taxation 605

Sinking funds, transfers between certain, may be made by the treasu-
rer 669

Societies :

Amesbury and Salisbury Agricultural and Horticultural So-
ciety, incorporated 535

Baptist, Eeligious Society in Haverhill, may convey real estate

free of trusts 497

Clarendon Hills Evangelical Society, name changed to the

Clarendon Hills Congregational Society of Hyde Park . 418
Evangelical Lutheran Church of the unaltered Augsburg Con-
fession, in Boston, organization confirmed .... 604
The First Congregational Society of Hampden, name established, 413

Society of Friends, marriages in, concerning 361

Middlesex Agricultui-al Society, allowed bounty .... 652

Nantucket Agricultural Society, allowed bounty. . . . 651
Newton Corner Baptist Church and Society, name changed and

doings confirmed 413

Second Universalist Society in the town of Western, name

changed to Universalist Society of Warren .... 497
Saint John's Church, Boston Highlands, incorporated . . 396
Society for the Prevention of Cruelty to Animals, may estab-
lish a dog shelter in Boston 602

Society for the Prevention of Cruelty to Animals, may cause

abandoned animals to be killed 605

Societies, agricultural, concerning bounties to 607

Soldiers, disabled, employment bureau, allowance to . . . . 658

Soldiers and sailors, state aid to 373

testimonials may be re-issued to 650

amendment to the constitution to prevent disfranchisement of, 665

Somerville and Cambridge, cities of, relating to certain sewers in . 570

South Adams, fire district of, water supply for 406

Special laws, volume of, to be published 655

Special sheriffs, secretary to be notified of appointment of . . . 389

Index.

XXIX

SprintrfieM Sowinc; Maoliine rompany, name pstablisliod
Standard form for fire insurance policies, established .

State aid to soldiers and sailors

State almshouse at Tewksbury, allowance for buildings and improve

ments at

State arsenal at Cambridge may be sold

State house, allowance for repairs on

improvements to be made in basement of .
State library, allowance to, for purchase of law reports, etc.
State normal art school, allowance to, for certain expenses ,
State normal school at Bridgewater, arms may be issued to .

allowance to, for a laboratory

State normal school at Salem, allowance to, for heating and ventilatin
State primary scliool at Monson, allowance to, for buildings, etc.
State prison, jurisdiction of offences committed in . . .

prisoners sentenced to, copies of indictments and names of

■witnesses to be sent witli them

sentences to, of person already under sentence to imprisonment

in jails and houses of correction

engineer at, to be an officer of tlie prison ....
organ for tlie chapel at, to be purchased ....
allowance to, for disposition of sewage, etc.
tenement dwelling house to be built at ....

allowance for repairs at

State tax of one million five hundred thousand dollars
State tax upon corporations, collection and abatement of .
State and county taxes, to secure a more equal apportionment of
State workhouse at Brldgewater, release of prisoners from, for good

conduct

allowance to, for worksliop, elc

States Union Telegraph and Telegraph Construction Company, in

corporated

Steam Gauge and Valve Company, Crosby, abatement of taxes .
Steamboat Company, Boston and Hingham, may increase capital

stock

Stock in corporations, transfer of

Stockholders in joint stock insurance companies, voting of, regulated
Stockbridgp, station to be built by the Ilousatonic IJailroad near vil

lage of

Stone, Josiah F., allowance to widow of

Street railway cars, limitation of number of passengers in, relating to

Street Railway Company, Gloucester, incorporated

Street Railway Company, Haverhill and Groveland, may establish a

ferry, temporarily, across Merrimack River .
Street railway corporations, repair of roads and bridges by .
Suffolk county, prisoners in jail in, may be removed to house of cor
rection for completion of sentence ....
probate courts in, to be held every Monday, excei)t tlie first

second and fourth Mondays in Augu;<t ....
associate medical examiner for

PaRC

371
4n1
373

601
654
671
670
654
659
653
659
664
667
378

428

442
497
662
669
656
651
621
452
455

378
660

413
652

414
644
443

557
658
660
603

383
432

551

429
630

XXX Index.

Page
Suits brought by or against executors, arlministrators, guardians,

trustees, assignees, or corporations, relating to . . • 428
Summonses, instead of warrants, may issue for arrest for certain

minor offences 434

Sunday, running of through railroad trains may be authorized on, by

commissioners 431

Superior court, taxation of costs in trials in, instead of before sheriffs'

juries 432

Superior court for civil business in county of Suffolk, salary of second

assistant clerk 583

Supreme Council of the Home Circle, charter amended . . . 370
Supreme judicial court, jurisdiction in equity, relating to taking of
land by railroads before crossings are determined and loca-
tions filed 427

a judge of, sitting for arraignment of person charged with
crime of murder, may commit him, if insane, to lunatic

hospital 457

Swain Free School, Trustees of the, incorporated 425

Swampscott, town of, may pay the claim of John P. Palmer . . 371

Tatnuc Brook, waters of, may be taken by city of Worcester . . 592

Taunton lunatic hospital, allowance for buildings, etc. . . . 668
Tax commissioner, deputy, and commissioner of corijorations, extra

clerical assistance for 496

Tax, excise, upon life insurance companies, of one-quarter of one per

cent 551

Tax lists of collectors of taxes, transfer of, to successors . . . 442
Tax, state, of one million five hundred thousand dollars apportioned

and assessed 021

Tax, state, upon corporations, collection and abatement of . . . 452
Tax sales, right of redeeming real estate from, may be taken and sold

on execution, and such right may be redeemed . . . 378

Taxation, double, property relieved from, in certain cases . . . 640

Taxation of deposits in savings banks, relating to .... 649
Taxation of costs in trials had in superior court instead of before

sheriffs' juries 432

Taxation of ships and vessels engaged in foreign trade; net yearly in-
come only, liable to taxation 605

Taxes, county, granted 657

Taxes, state and county, to secure a more equal apportionment of . 455
Technology, Massachusetts Institute of, time extended for erection of

buildings, in Boston 424

Teele, John O., justice of the peace, acts of, confirmed . . . 662
Testimonials to soldiers and sailors may be re-issued .... 650
Telegraph Construction Company, States Union Telegrapli and, incor-
porated 413

Tewlcsbury state almshouse, allowance for buildings and improve-
ments at 661

Index. xxxi

VuKc

Tislniry, town of, reiinbursomont of state aid to tjd.j

Tisbury and Chilmark, boundary lines of, to be established . . C65
Tisbury Great Pond, rights of Priscilla Freeman in hinds bordering

"Poii 663

Towxs :

Adams, public buildings in, may be sold, and town join with

county in erection of new buildings 578

Agawam, reimbursement of state aid to 603

Andover, reimbursement of state aid to 008

Arlington, preservation of public health in .... 645

Belmont, appropriation by, fur a public park, confirmed . . 586

Beverly may refund its indebtedness 560

Brockton may issue additional water scrip 370

Brockton, granted a city charter 503

Brookline, pipes and reservoirs in, for water supply for Boston, 437

Chilmark, boundary line of, to be established .... 055
Charlemont, allowance to, for building bridge over Deerfield

liiver

662

Cohasset, water supply for 399

Clinton, water supply for 359

Florida, allowance to, for support of state paupers . . .601

Florida, allowance for building bridge over Deerfield River . 662

Frannnghani to be supplied with pure water .... 536

Ilingham, water supply for . . . . , , . , sgg

Hull, water supply for 399

Lee, police court of, salary of standing justice . . . .581

Lee, water supply for 412

Maiden, granted a city charter 405

Marblehead, public park for 447

Marshfield, authority for building bridge over Green Harbor

liiver in, repealed ggO

Mattapoisett, bridge from Brandt Island to mainland in . . 423

Medford, preservation of public health in 645

Milford, water supply for 399

Nalick set off from the jurisdiction of the first district court of

Southern Middlesex 552

Natick, water supply for 433

Need ham, gas supply for 495

Northampton may adopt and execute the will of Charles E.

Forbes ••••....... 562

Peabody, improvement of water works and increase of water

supply of 4)^2

Pepperell, reimbursement of state aid to 603

Rowe, allowance to, for support of state pauper . . . 600
Rowe, allowance to, for building bridge over Deerfield River . 062
Sandisfield, re-establishment of school-district system in, legal-
ized 438

Swampscott may pay the claim of John P. Palmer . . . .371

Tisbury, boundary line of, to be established .... 655

xxxii Index.

Page

Towns — Concluded.

Tisbury, leimbursement of state aid to 663

Uxbridge, water supply for 399

Washington within the jurisdiction of the district court of

Southern Berkshire 423

Weston, gas supply for 425

Wellcsley, incoriwrated 485

Westfield, allowance to, for losses by flood, etc 662

Weymouth, water supply for 493

Town proprietaries, concerning records of 422

Towns may raise money to celebrate certain anniversaries . . . 415

Towns, trial of actions against, for loss of life by defective highway . 521

Towns and cities may appoint harbor masters 359

seals and badges of, penalty for unauthorized vise of . . . 301
clerks of, to record certificates of married women proposing to

do business on separate account 393

bordering on the sea, boundary lines to be defined from high-
water mark .......... 518

Transfer of stock in corporations, relating to 644

Travellers by railroad, to give better security to 444

Treasurer and receiver-general may issue scrip to refund a portion of

the state debt 533

salaries of clerks of 583

may borrow money in anticipation of the revenue . . . 651
may transfer certain sinking funds and pay a portion of state

debt 669

Treasury, state, office hours of, I'egulated . . . . . . 378

Trial of actions against railroads, common carriers and towns, for

loss of life by negligence 521

Trial justices to make returns to commissioners of prisons . . . 393

Troy and Greenfield Kailroad and Hoosac Tunnel, management of . 559

passenger trains on, to have continuous power brakes attached

to engines and cars 446

police officers may be appointed for 550

double tracking and improvement of 611, 671

Truant schools, union, may be established 444

Trust Company, American Loan and, incorporated .... 408

Trust Company, International, charter amended 394

Trust Company, Massachusetts Loan and, charter amended . . 419

Trust Company, Worcester Safe Deposit and, charter amended . . 439

Trustee process, attachment by, of funds in hands of receivers . . 433

plaintiff not entitled to costs, unless damages assessed exceed

ten dollars 549

Trustees, relating to the removal of 637

suits brought by or against, relating to 428

delivery of property, upon resignation, to their successors . 443

of the Forbes Library incorporated 575

of the Swain Free School incorporated 425

Trustees and receivers of savings banks not required to make annual

reports to legislature 534

Index. xxxiii

Vnge

Union truant schools maybe establislieil 444

Universalist Society of \Varron, name cstablislieil .... 41)7

Uxbridge, town of, water supply for 397

Uxbridge Water Company incorporated 397

Valve Company, Crosby Steam Gaii^e and, abatement of taxes of . 052

Vessels or ships, attachments in suits against owners, seamen, etc., of, 4;33
Vessels and ships engaged in foreign trade, net yearly income only,

liable to taxation 605

Votes for national, state, district and county ofGcers, names of, to be

on one ballot 531)

Voters, boards of registrars of, may be established in cities , . 541
Voters, registers of, in cities and towns, name of pe'rson illegally regis-
tered may be stricken from list 587

Voting of stockholders in joint stock insurance companies regulated . 443

Voting places, smoking, etc., prohibited at 597

Vineyard Ilaven Wharf Company, name established .... 374

Walpole Emery Mills, name established 374

War records in atljutant-general's department, preservation of . . 660

W^are River llailroad Company, provisions affecting .... 419
Warrants, summonses may be issued instead of, for ari-est for certain

minor offences 434

Warren, Universalist Society of. name established .... 497
Washington, town of, within jurisdiction of the district court of Cen-
tral Berkshire 423

Water Company, Berkshire, charter amended 411

Hingham. charter amended 339

Lexington, incorporated 539

Milford, incorporated 399

Newburyport, charter amended 395

Uxbridge, incorporated 39Y

Water meters may be attached to buildings supplied with water by

the city of Boston 535

Water supply, for city of Boston 43(}

for village of Chicopee Falls 604

for town of Clinton 359

for town of Cohasset 339

for town of Framingham 533

for city of Gloucester 401

for town of Hingham 3*1^9

for town of Hull 339

for town of Lee 411

for town of Lexington 539

for town of Milford 399

xxxiv Index.

Page

"Water supply for town of Natick ' 438

for city of Newburyport 395

for town of Peabody 482

for fire district of South Adams 406

for town of Uxbridge 397

for town of Weymouth 493

for the city of Worcester 592

Waterman, Andrew J., allowance to 664

Wellesley, town of, incorporated 485

Wesifield, town of, allowance to, for losses by flood, etc. . . . 662

Weston, town of, gas supply for 425

Wet Dock Corporation, Central Wharf and, in addition to act to incor-
porate 384

Weymouth, town of, water supply for 493

Wharf, Central, and Wet Dock Corporation, in addition to act to incor-
porate 3S4

Wharf Company, Holmes Hole Union, name changed to Vineyard

Haven Wharf Company 374

Wife and husband dying intestate and without issue, descent of real

estate of 428

Wilbraham, The South Parish of, name changed 413

Woman, married, proposing to do business on her separate account,
to record certificate in clerk's office of city or town where

business is to be done 392

Woman, married, insane, jurisdiction of cases concerning support of . 375
Women, reformatory prison for, appointment of subordinate otficers

for 379

Women, reformatoiy prison for, prisoners may be released from, for

good condiict 415

Women discharged from prisons, agent for assistance of, may be ap-
pointed 498

Women, right of, to vote for school committees, etc 502

Worcester, city of, may purchase, etc., certain land .... 451

water supply for 592

land of the Commonwealth in, may be taken for improvement

of Summer Street 440

sewage of, report to be made to legislature concerning . . 070

Worcester, Eastern, first district court of, salary of standing justice . 580

Worcester, Soutliern, first district court of, salary of standing justice . 580

Worcester, Southern, second district court of, salary of standing justice, 580

W^orcester Safe Deposit and Trust Company, charter amended . . 439

Workhouse, state, at Bridgewater, allowance for workshop, etc. . . 060
Writ or other process against a sherift", to be served by a sheriff or

deputy of an adjoining county 454

Wyatt, Josephine A., allowed state aid 653

Yarmouth Camp-meeting Association, name established . . . 4-39

Yorktown, centennial celebration at, militia may be ordered to attend, 667

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