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

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ACTS 



AND 



RESOLVES 



PASSED BT THE 



€nuu\ (^uH 4 ^nmtlxmtiH, 



tS THE YEAB 



18 8 2, 



TOGETHER WITH 

THE CONSTITUTION, THE MESSAGES OF THE GOVERNOR, 

LIST OF THE CIVIL GOVERNMENT, CHANGES 

OF NAMES OF PERSONS, 

ETC., ETC. 



PUBLISHED BY THE 

SECRETARY OP THE COMMONWEALTH. 




BOSTON: 
IfllantJ. ^berg, ^ ^a., printers to t^e C0mmoniDealt!j, 

117 Feanklin Sxkebt. 
1882. 



A CONSTITUTION 

OB 

FORM OF GOVERNMENT 

Fon TUB 

Commontocaltlj of iHassacIjuscttg* 



PREAMBLE. 

The end of the institution, maintenance, and administra- objects of 
tioii of government, is to secure the existence of the body government 
politic, to protect it, and to furnish the individuals who 
compose it with the power of enjoying in safety and tran- 
quillity their natural riglits, and the blessings of life : and 
whenever these great objects are not obtained, the people 
have a right to alter the government, and to take meas- 
ures necessary for their safety, prosperity, and happiness. 

The body politic is formed by a voluntary association Body pontic, 
of individuals: it is a social compact, by which the whole ns'^^itui™!'^' 
people covenants with each citizen, and each citizen with 
the whole people, that all shall be governed by certain 
laws for the common good. It is the duty of the people, 
therefore, in framing a constitution of government, to 
provide for an equitable mode of making laws, as well as 
for an impartial interpretation and a faithful execution 
of them ; that every man may, at all times, find his secu- 
rity in them. 

We, therefore, the people of Massachusetts, acknowl- 
edging, with grateful hearts, the goodness of the great 
Legislator of the universe, in affordhig us, in the course 
of His providence, an opportunity, deliberately and peace- 
ably, without fraud, violence, or surprise, of entering into 



CONSTITUTION OF THE 

an original, explicit, and solemn compact with each other ; 
and of forming a new constitution of civil government, 
for ourselves and posterity ; and devoutly imploring His 
direction 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 COM- 
MONWEALTH OF Massachusetts. 



Eqnality and 
natural rights of 
all men. 



Right and duty 
of public reli- 
gious worship. 
Protection 
therein. 
2 Gush. 104. 
12 Allen, 129. 



Amendment, 
Art. XI. Bubsti- 
tuted fur this. 



Legislature em- 
powered to com- 
pel provision for 
public worship; 



PART THE FIRST. 

A Declaration of the Rights of the Inhabitants of the 
Commonwealth of Massachusetts. 

Article I. All men are born free and equal, and have 
certain natural, essential, and unalienable rights ; among 
which may be reckoned the right of enjoying and defend- 
ing their lives and liberties ; that of acquiring, possessing, 
and protecting property ; in fine, that of seeking and ob- 
taining their safety and happiness. 

II. It is the right as well as the duty of all men in 
society, publicly, and at stated seasons, to worship the 
Supreme Being, the great Creator and Preserver of the 
universe. And no subject shall be hurt, molested, or 
restrained, in his person, liberty, or estate, for worship- 
ping God in the manner and season most agreeable to the 
dictates of his own conscience ; or for his religious pro- 
fession 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 preservation of civil government, essentially depend 
upon piety, religion, and morality ; and as these cannot 
be generally diffused through a community l)ut by the 
institution of the public worship of God, and of public 
instructions in piety, religion, and morality : Therefore, 
to promote their happiness, and to secure the good order 
and preservation of their government, the people of this 
commonwealth have a right to invest their legislature with 
power to authorize and require, and the legislature shall, 
from time to tune, authorize and require, the several towns, 
parishes, precincts, and other bodies politic, or religious 
societies, to make suitable provision, at theiv own expense, 
for the institution of the public worship of God, and for 
the support and maintenance 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 commonwealth have also a right 
to, and do, invest their legislature with authority to enjoin 
upon all the subjects an attendance upon the instructions 
of the public teachers aforesaid, at stated times and sea- 
sons, if there be any on whose instructions they can con- 
scientiously and conveniently attend. 

Provided, notwithstanding, that the several towns, par- 
ishes, precincts, and other bodies politic, or religious socie- 
ties, shall, at all times, have the exclusive right of electing 
their public teachers, and of contracting with them for 
their support and maintenance. 

And all moneys paid by the subject to the support of 
public worship, and of the public teachers aforesaid, shall, 
if he require it, be uniformly applied to the support of the 
public teacher or teachers of his own religious sect or de- 
nomination, provided there be any on whose instructions 
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 them- 
selves peaceably, 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, jurisdic- 
tion, 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 
officers of government, vested with authority, whether 
legislative, 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 exclusive privileges, distinct from those of the com- 
munity, than what arises from the consideration of ser- 
vices rendered to the public ; and this title being in nature 
neither hereditary, nor transmissible to children, or de- 
scendants, or relations by blood, the idea of a man born a 
magistrate, lawgiver, or judge, is abtjurd and unnatural. 

VII. Government is instituted for the common good ; 
for the protection, safety, prosperity, and happiness of the 



and to enjola 
attendance 
thereon. 



Exclusive right 
of electing reli- 
gious teachers 
secured. 



Option as to 
whom parochial 
taxes may be 
paid, unless, eto. 



All denomina- 
tions equally 
protected. 
8 Met. 162. 
Subordination 
of one sect to 
another pro- 
hibited. 

Right of self- 
government 
secured. 



Accountability 
of all officers, 
etc. 



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



Objects of gov- 
ernment; right 
of people to 



CONSTITUTION OF THE 



institute and 
clioiigo it. 



Right of people 
to secure rota- 
tion Ln olBce. 



All, having the 

qualiljc:itiuns 
prcsciibcHl, 
equally eligible 
to oQice. 
For ilio defini- 
tion of " inhabit- 
ant," see Ch. 1, 
Sect. 2, Art. II. 
lliglit of protec- 
tion iind duty of 
conlributiou 
correlative. 
Taxation found- 
ed on consent. 
16 Mass. 3J6. 
1 Pick. 413. 
7 I'ick. 344. 
12 Tick. 184,467. 
l(i I'ick. 87. 
2.T i'ick. .^OO. 
7 Mot. 388. 
4 (Jray, 474. 
7 Gray, 303. 
14 Gray, 134. 
1 Allen, 100. 
4 Allen, 474. 
I'rivalo prop- 
erty ni)t to be 
taken for public 
uses without, 
etc. 
6 Cush. 327. 



RcracdlcB, by 
recourse to the 
law, to be free, 
complete uud 
prompt. 



rroRPcutloDs 
ri Kulated. 
8 i'ick. 211. 
10 Tick. 9. 
18 i'ick. 4^4. 



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 incontestible, nnalicnable, and inde- 
feasible right to institute government; and to reform, 
alter, or totally change the same, when their protection, 
safety, prosperity, and happiness require it. 

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

IX. All elections ought to be free ; and all the inhab- 
itants of this commonwealth, having such qualifications as 
they shall establish by their frame of government, have an 
equal right to elect officers, and to be elected, for public 
employments. 122 Mass. 595, 5og. 

X. Each individual of the societv has a right to be 
protected by it in the enjoyment of his life, liberty, and 
property, according to standing laws. He is obliged, con- 
sequently, to contribute hh ahavo to the expense of this 
protection ; to give his personal service, or an equivalent, 
when necessary : but fto 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 tlie 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 pub- 
lic exigencies require that the property of any individual 
should be appropriated to public uses, he shall receive a 
reasonable compensation therefor. 

14 Gray, l.w. 12 Allen, 223, 230. lOS Mass. 202, 213. 120 Mass. 423, 441. 

10 Gray, 417, 431. KW Mass. 514, 500. Ill Mass. 130. 127 Mass. 50, 52, 
1 Allen, 150. 103 Mass. 120, 124. 113 Mass. 45. 3'>8, 303, 410. 413. 

11 Allen, 530. 100 Mass. 350, 302. 110 Mass. 403. 129 Mass. 559. 

XI. Every subject of the commonwealth ought to find 
a certain remed}-, by having recourse to the laws, for all 
injuries or wrongs which he may receive in his person, 
property, or cliaractcr. He ought to obtain right and 
justice freely, and without being obliged to purchase it; 
completely, and without any denial ; proinptl}'", and without 
delay ; conformably to the laws. 

XII. No subject shall be held to answer for any crimes 
or olTence, until the same is fully and plainly, substantially, 
and formally, described to him ; or be compelled to accuse, 



COMMONWEALTH OF MASSACHUSETTS. 

or furnish evidence against himself. And every subject f^^l^^o^ 

shall have a right to produce all proofs that may be i2Casiir246. 

favorable to him ; to meet the witnesses against him face I onlyl loo. 

to face, and to be fully heard in his defence by himself, 5o*"ai'ayf]i! 

or his counsel, at his election. And no subject sliall be ?,\*^['':'y'*^,^* 

arrested, imprisoned, despoiled, or deprived of his prop- ]w\ikiir'238- 

erty, immunities, or privileges, put out of the protection Iff'^'^''^'^^' 

of the law, exiled, or deprived of his life, liberty, or estate, l^ m!!sI!'5\o°' 

but by the judgment of his peers, or the law of the land. 6<^. 



100 Jfass. 2S7. 295. 


108 Mass. 5, 0. 


122 Mass. 332. 


127 Mass. 550, 554. 


103 Mass. 413. 


118 Mass. 443, 451. 


124 Mass. 404. 


120 Mass. 559. 


107 Mass. 172, 180. 


120 Mass, lis, 120. 







And the leG:islature shall not make any law that shall r.igiittotnaiby 

,., ^ , -j-i-f -1 i jury 111 ciinimal 

subject any person to a capital or miamous punishment, cases, except, 

excepting for the government of the army and nav}', with- ^Giay, 320,373. 

out trial by jury. ^^'-^ "^^«- '^^^- ' 

Xni. In criminal prosecutions, the verification of facts, Crimes to bo 

in the vicinity where they happen, is one of the greatest vldnuy!" 

securities of the life, liberty, and property of the citizen. i2i'Mass!°6i, 62. 

XIV. Every subject has a right to be secure from all lught of search 
unreasonable searches, and seizures, of his person, his n'.Vaiiale!!!'^ 
houses, his papers, and all his possessions. All warrants, Amemn iv.^'* 
therefore, are contrary to this right, if the cause or fouiida- 2 Met. 329. 
tion of them be not previously supported by oath or aflir- i^Gray',i._* 
mation, and if the order in the warrant to a civil officer, to 10 a! ion', tot. 
make search in suspected places, or to arrest one or more j^^^ass. iso, 
suspected persons, or to seize their property, be not accom- 12a Mass. 269, 
panied 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 prescribed by 
the laws. 

XV. In all controversies concerning property, and in Right to trial by 
all suits between two or more persons, except in cases in cept, etc. 
which it has heretofore been otherways used and practised, Amencrt! vii."' 
the parties have a right to a trial by jury ; and this method 2 pj^'jt' SqI 

of procedure shall be held sacred, unless, in causes arising ^ ^'/'^y' Itj* 

on the high seas, and such as relate to mariners' wages, iiAU'un"574, 

the legislature shall hereafter find it necessary to alter it. io2'Mass. 45, 47. 

Ill Mass. 388, 390. 122 ^fass. 505, 516. 125 Mass. 182, 183. 
120 Mass. 320, 321. 123 Mass. 590, 593. 128 Mass. 000, 

XVI. The liberty of the press is essential to the seen- Liberty of the 
rity 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 Rigiittokecp 
arms for the common defence. And as, in time of peace, I'tandi^ngarmtos 
armies are dangerous to liberty, they ought not to be ua'-.f pXer sub* 
maintained without the consent of the legislature ; and ordinate to civu. 

■ ^ 5 Gray, 121. 



8 



CONSTITUTION OF THE 



Moral qnalifica- 
tiona for oliice. 



Moral oWisra- 
tions of lawgiv- 
ers and magis- 
trates. 



Right of people 
to instruct rep- 
resentatives and 
petition legisla- 
ture. 



Power to sus- 
pend the laws or 
their execution. 



Freedom of de- 
hate, etc., and 
reason thereof. 



Frequent ses- 
sions, and ob- 
jects thereof. 



Taxation found- 
ed on consent. 
8 Allen, 247. 



Ex pontfnito 
laws proliibited. 
12 Allen, 421, 
424, 428, 4a4. 



Legislature not 
to convict of 
treason, etc. 



the military power shall always be held in an exact subor- 
dination 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, indus- 
try, and frugality, are absolutely necessary to preserve the 
advantages of liberty, and to maintain a free government. 
The people ought, consequently, to have a particular atten- 
tion to all those principles, in the choice of their officers 
and representatives : and they have a right to require of 
their lawgivers and magistrates an exact and constant 
observance of them, in the formation and execution of the 
laws necessary for the good administration of the common- 
wealth. 

XIX. The people have a right, in an orderly and peace- 
able manner, to assemble to consult upon the common 
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 legisla- 
ture. 



COMMONWEALTH OF MASSACHUSETTS. 

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 quar- 
tered 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 legis- 
lature. 

XXVni. No person can in any case be subject to law- 
martial, or to an}^ penalties or pains, by virtue of that law, 
except those employed in the army or navy, and except 
the mHitia in actual service, but by authority of the legis- 
lature. 

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, therefore, 
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 ofBces 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. 



Excessive bail or 
fines, and cruel 
punishments, 
piohibited. 
5 Gray, 482. 
No soldier to be 
quartered in any 
house, unless, 
etc. 



Citizens exempt 
from law-mar- 
tial, unless, etc. 



Judges of BH- 
preme judicial 
court. 

3 Pick. 471. 
1 Gray, 472. 

4 Allen, 591. 
7 Allen, 385. 
105 Mass. 219, 
221, 225. 
Tenure of their 
office. 



Salaries. 



Separation of 
executive, judi- 
cial, aud leijis- 
lative depart- 
ments. 
2 Cush. 577. 
2 Allen, 361. 
8Alleu,247,253. 
100 Mass. 282, 
286. 

114 Mass. 247, 
249. 

116 Mass. 317. 
129 Mass. 659. 



PART THE SECOND. 



The Frame of Government. 

The people, inhabiting the territory formerly called the Titieof body 
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. 



10 



CONSTITUTION OF THE 



CHAPTER I. 

THE LEGISLATIVE POWER. 

Section I. 



Legislative 
department. 



For change of 
time, etc., see 
aineiulments, 
Art. X. 



Governor's veto. 
99 Alatis. 006. 



Biil may be 
l).!sseil by two- 
tliiids of eacii 
house, notwith- 
Btuuding. 



For exception 
ill case oi' ad- 
journment of 
the general 
court wiiliin 
the live days, 
Soe aineud- 
meuts, Art. I. 
;; .Mar's. 6lJ7. 
General oour' 
may cuii»tiiu!o 
Judiuutorios, 



The General Court. 

Article I. The department of le^^islation shall be 
formed by two branches, a Senate and House of Represen- 
tatives ; each of which shall have a negative on the other. 

The legislative body shall assemble every year [on the 
last Wednesday in i\Iay, and at such other times as they 
shall judge necessary ; and shall dissolve and be dissolved 
on the day next preceding the said last Wednesday in 
May;] and shall be styled, The General Court of 
Massachusetts. 

II. No bill or resolve of the senate or house of repre- 
sentatives shall become a law, and have force as such, 
until it shall have been laid before the governor for his 
revisal ; and if he, upon such revision, approve thereof, he 
shall signify his approbation by signing the same. But if 
he have any objection to the passing of such bill or resolve, 
he shall return the same, together with his objections there- 
to, in writing, to the senate or house of representatives, 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, notwith- 
standing the said objections, agree to pass the same, it 
shall, together with the objections, be sent to the other 
branch of the legislature, wiicre it shall also be reconsid- 
ered, and it" approved by two-thirds of the members pres- 
ent, shall have the force of a law: but in all such cases, 
the votes of both houses shall be determined by yeas and 
naj's ; and the names of the })ersons voting for, or against, 
the said bill or resolve, shall be entered upon the public 
records of the commonwealtli. 

And in order to prevent unnecessary dela3-s, if any bill 
or resolve shall not be returned by the governor within 
five days after it shall have been presented, the same shall 
have the force of a law. 

HI. The general court shall forever have full power 
and authority to erect and constitute judicatories and 



COMMONWEALTH OF MASSACHUSETTS. 11 

courts of record, or other courts, to be held in the name courts of record, 

of the commonwealth, for the hearing, trying, and deter- s'orny, i. 

mining of all manner of crimes, offences, pleas, processes, ^5^*;;^'"'*^' "^' 

plaints, actions, matters, causes, and things, whatsoever, 

arising or happening within the commonwealth, or between 

or concerning 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 picas be real, personal, or mixed ; and 

for the awarding and making out of execution thereupon. 

To wliich courts and judicatories are hereby given and Courts, etc., 

granted full power and authority, from time to time, to oK'^"'"""'^'" 

administer oaths or affirmations, for the better discovery 

of truth in any matter in controversy or depending before 

them. 

IV. And further, full power and authority are hereb}'" General conrt 
given and granted to the said general court, from time to ^J^y '-■"'''="=^^*» 
time to make, ordain, and establish, all manner of whole- 4aiu^i'4T3. 
some and reasonable orders, laws, statutes, and ordinances, ^i-r^"'-"' 2^2, 
directions and instructions, either with penalties or with- ioo'iiass. 544, 
out; so as the same be not repugnant or contrary to this iioMass. 467, 
constitution, as they shall judge to be for the good and ^™* 
welfare of this commonwealth, and for the government laws^^cf^^not 
and orderino- thereof, and of the subjects of the same, and ifpus'iaiit to 

Pji *- , 1 T r f J^ . the constitution. 

lor the necessary support and deience ot the government eAiien,358. 
thereof; and to name and settle annually, or provide by may provide 
fixed laws for the naming and settling, all civil officers o"\q)poi.urae°ut 
within the said commonwealth, the election and consti- ii5''Mas8!bo2, 
tution of whom are not hereafter in this form of govern- 
ment otherwise provided for ; and to set forth the several may prescribe 
duties, powers, and limits, of the several civil and military 
officers of this commonwealth, and the forms of such 
oaths or affirmations as shall be respectively administered 
unto them for the execution of their several offices and 
places, so as the same be not repugnant or contrary to 
this constitution; and to impose and levy proportional may impose 
and reasonable assessments, rates, and taxes, upon all the 12" Mass. 252. 
inhabitants of, and persons resident, and estates lying, cAi'ienlfss! 
Avithin the said commonwealth; and also to impose and ?,'^1 n": Hl'-"^^' 

, , i-lu .Allien, -iOO, 

levy reasonable duties and excises upon any produce, n aiiuh. 203. 
goods, wares, merchandise, and commodities, whatsoever, 235, 2;8, 240, 293, 
brought into, produced, manufactured, or being within ^oo,ai2,aia,ooo, 
the same ; to be issued and disposed of by warrant, under ??,?{?'"'• ^^;, 

jii 11^ 1 PI- IIP 1 lUO .Mass. 285. 

the hand ot the governor ot this commonwealth tor the 101 Mass. 575, 
time being, with the advice and consent of the council, los'Mass. 267. 
for the public service, in the necessary defence and sup- agj.'^'***" ^^^' 



12 



CONSTITUTION OF THE 



116 Mass. 461. 

118 Mass. 386, 

389. 

12:5 Mass. 493, 

49.'). 

127 Mass. 413. 

may impose 
taxes, etc., to be 
disposed of for 
defence, protec- 
tion, etc. 
8 Allen, 247, 256. 
VaIu.ation of 
estates once in 
ten years, at 
least, while, etc. 
8 Allen, 247. 
126 Maes. 547. 



port of the government of the said commonwealth, and 
the protection and preservation of the subjects thereof, 
according to such acts as are or shall be in force within 
the same. 

And while the public charges of government, or any 
part thereof, shall be assessed on polls and estates, in the 
manner that has hitherto been practised, in order that 
such assessments may be made with equality, there shall 
be a valuation of estates within the commonwealth, taken 
anew once in every ten years at least, and as much oftener 
as the general court shall order. 

For the authority of the general court to charter cities, see amendments, Art. IL 



Sanate, number 
of, and by whom 
elected. 
Superseded by 
amendments, 
Art. XIII., 
which was also 
superseded by 
amendments. 
Art. XXII. 



For provision as 
to councillors, 
see amend- 
n I on Is, Art. 
XVI. 



Counties to be 
districts, until, 
etc. 



CHAPTER I. 

Section II. 

Senate. 

Article I. [There shall be annually elected, by the 
freeholders and other inhabitants of this commonwealth, 
qualified as in this constitution 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 tliat purpose : and the 
general court, in assigning the numbers to be elected by 
the respective districts, shall govern themselves by the pro- 
portion of the public taxes paid by the said districts ; and 
timely make known to the inhabitants of the common- 
wealth the limits of each district, and the number of coun- 
cillors and senators to be chosen therein ; provided, that 
the number of such districts shall never be less than thir- 
teen ; 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 coun- 
cillors and senators, (except that the counties of Dukes 
County and Nantucket shall form one district for that jiur- 
pose) and shall elect the following number for councillors 
and senators, viz.: — Suffolk, six; Essex, six; Middlesex, 
five; IIam[)shire, four; Plymouth, three; Barnstable, one; 
Bristol, three ; York, two ; Dukes County and Nantucket, 
one; Worcester, five; Cumberland, one; Lincoln, one; 
Berkshire, two.] 



COMMONWEALTH OF MASSACHUSETTS. 



13 



II. The senate shall be the first branch of the legisla- 
ture ; and the senators shall be chosen in the following man- 
ner, viz. : there shall be a meeting on the [first Monday in 
April,] annually, forever, of the inhabitants of each town 
in the several counties of this commonwealth ; to be called 
by the selectmen, and warned in due course of law, at 
least seven days before the [first Monday in April,] for 
the purpose of electing persons to be senators and coun- 
cillors; [and at such meetings every male inhabitant of 
twenty-one years of age and upwards, having a freehold 
estate within the commonwealth, of the annual income of 
three pounds, or any estate of the value of sixty pounds, 
shall have a right to give in his vote for the senators for 
the district of which he is an inhabitant.] And to remove 
all doubts concerning the meaning of the word " inhabit- 
ant " in this constitution, every person shall be considered 
as an inhabitant, for the purpose of electing and being 
elected into any office, or place within this state, in that 
town, district, or plantation where he dwelleth, or hath 
his home. 

The selectmen of the several towns shall preside at 
such 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 select- 
men, 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 Ma}^] annually ; or it shall be delivered into the secre- 
tary'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 
Wednesday in May.] 

And the inhabitants of plantations unincorporated, 
qualified 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 , 



Manner and 
time of choosing 
euiiiitors and 
councillors. 
Time of election 
changed by 
amendments, 
Art. X., and 
changed again 
by amendments, 
Art. XV. 
As to cities, see 
amendments, 
Art. II. 
These pro- 
visions as to the 
qualifications of 
voters, super- 
seded by amend- 
ments. Arts. 
III., XX. and 
XXVIU. 
Word "inhabit- 
ant" defined. 
Sec also amend- 
ments, Art. 
XXIII., which 
■was annulled by 
Art. XXVI. 
12 Gray, 21. 
122 Mass. 595, 
697. 



Selectmen to 
preside at town 
meetings. 



Return of votes. 



As to cities, see 
amendments, 
Art. U. 



Time changed 
to first Wednes- 
day of January. 
See amend- 
ments, Art. X. 



Inhabitants of 
unincorporated 
plantations, 
who pay slate 
taxes, may vote. 



14 



CONSTITUTION OF THE 



riantation 
meetings. 
Time of elec- 
tion cbanijeJ 
by aineiul- 
ments, Art. XV. 
Assessors to 
notify, etc. 



Governor and 
council to ex- 
amine :uul count 
voles, and issue 
eummonses. 
Time cli;iiic;ed 
to tiist Wednes- 
day in January 
bvanicndineuts. 
Art. X. 
Majority 
chauLced to 
plurality by 
amendments, 
Alt. XIV. 



Senate to be 
final judije of 
elections, etc., 
of its own mem- 
bers. 

Time cbanged 
to first Wednes- 
day of Januiiry 
by aniendmcuts, 
Art. X. 
Majority 
cbauged to 
plurality by 
amendmeuts. 
Art. XIV. 



Vacancies, how 

filled. 

Clianged to 
elucUuu by 



in the plantations where they reside, as tovm. inhabitants 
have in their respective towns ; and the plantation meet- 
ings for that purpose shall be held annually [on the same 
first Monday in April], at such place in the plantations, 
respectively, as the assessors thereof shall direct ; which 
assessors shall have like authority for notifying the elect- 
ors, collecting and returning the votes, as the selectmen 
and town clerks have in their several towns, by this con- 
stitution. And all other persons living in places unincor- 
porated (qualified as aforesaid ) who shall be assessed to 
the support of government by the assessors of an adjacent 
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. 

III. And that there may be a due convention of sena- 
tors on the [last Wednesday in INIay] annually, the gov- 
ernor with five of the council, for the time being, shall, 
as soon as may be, examine the returned copies of such 
records ; and fourteen days before the said day he shall 
issue his summons to such persons as shall appear to be 
chosen by [a majority of J voters, to attend on that day, 
and take their seats accordingly: provided, nevertheless, 
that for the first year the said returned copies shall be 
examined by the president and five of the council of the 
former constitution of government ; and the said president 
shall, in like manner, issue his summons to the persons 
so elected, that they may take their seats as aforesaid. 

IV. The senate shall be the final judge of the elec- 
tions, returns and qualifications of their own members, as 
pointed out in the constitution ; and shall, [on the said 
last Wednesday in Ma}' J annuall3% 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 deficienc}'' shall bo 
supplied in the following manner, viz. : The members of 
the house of representatives, and such senators as shall 
be declared elected, shall take the names of such persons 
as shall be found to have the highest number of votes 
in such district, .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 sullicient to fill up the vacancies in such district; 
and in this manner all sucii vacancies shall be filled up in 



COMMONWEALTH OF MASSACHUSETTS. 



15 



every district of the commonwealtli ; and in like manner 
all A'-acancies in the senate, arising by death, removal out 
of the state, or otherwise, shall be supplied as soon as may 
be, after such vacancies shall happen.] 

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

VI. The senate shall have power to adjourn themselves, 
provided such adjournments do not exceed two days at a 
time. 

Vn. The senate shall choose its own president, appoint 
its own officers, and determine its own rules of proceedings. 

VIII. The senate shall be a court with full authority 
to hear and determine all impeachments made by the 
house of representatives, against any officer or officers of 
the commonwealth, for misconduct and mal-administration 
in their offices. But previous to the trial of every im- 
peachment the members of the senate shall respectively 
be sworn, truly and impartially to try and determine the 
charge in question, according to evidence. Their judg- 
ment, however, shall not extend further than to removal 
from office and disqualification to hold or enjoy any place 
of honor, trust, or profit, under this commonwealth : but 
the party so convicted shall be, nevertheless, liable to 
indictment, trial, judgment, and punishment, according to 
the laws of the land. 

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



people. 
See amend. 
nients. Art. 
XXIV. 



Qualifications of 
a senator. 
Property quall- 
flcatiou abol- 
ished. 
Sec amend- 
ments, Art. 

xm. 

For further pro- 
vision as to 
residence, seo 
also amend- 
ments, Art. 

xxn. 



Senate not to 
adjourn more 
than two days. 



shall choose 
Its otiicers and 
establish its 
rules. 

shall try all 
impeachments. 



Oath. 

Limitation of 
sentence. 



Quorum. 
For further pro- 
visions, see 
amendments, 
ArLXXlI. 



CHAPTER I. 
Section III. 



House of Mepresentatives. 

Article I. There shall be, in the legislature of this Rcpresentatior 

commonwealth, a representation of the people, annually of ii»e people. 
elected, and founded upon the principle of equality. 



16 



CONSTITUTION OF THE 



Representa- 
tives, by whom 
chosen. 

Superseded by 
amendments, 
Alts. Xri. and 
XIII., which 
were also 
superseded by 
amendments, 
Art. XXI. 
7 Mass. 523. 



Proviso as to 
towns having 
less tlian 150 
ratable polls. 



Towns liable to 
fine in case, etc. 



Expenses of 
travelling to 
and from the 
general eourt, 
how paid. 



Qualifications of 
a representa- 
tive. 

New provision 
as to residence. 
Bee amend- 
ments, Art. 
XXI. 

l'r<)|)erty quali- 
lications abol- 
ished by amend- 
ments. Art. 
Xlil. 



Qualifications of 
a voter. 
These pro- 
visions super- 
seded by 
amendments, 
Arts. III., XX. 
and XXVm. 
8ec also amend- 
ments, Art. 
XXIII., which 
was annulled by 
Art. XXVI. 
Iteproseiita- 
tives, when 
chosen. 



II. [And in order to provide for a representation of 
the citizens of this commonwealth, founded upon the prin- 
ciple of equality, every corporate town containing one 
hundred and fifty ratable polls may elect one represen- 
tative ; every corporate town containing three hundred 
and seventy-five ratable polls may elect two representa- 
tives ; 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 having one hundred and fifty ratable polls, may elect 
one representative ; but no place shall hereafter be incor- 
porated with the privilege of electing a representative, 
unless there are withui the same one hundred and fifty 
ratable polls.] 

And the house of representatives shall have power from 
time to time to impose fines upon such towns as shall 
neglect to choose and return members to the same, agreea- 
bly to this constitution. 

The expenses of travelling to the general assembly, and 
returning home, once in every session, and no more, shall 
be paid by the government, out of the public treasury, to 
every member wlio shall attend as seasonably as he can, in 
the judgment of the house, and does not depart without 
leave. 

III. Every member of the house of representatives 
shall be chosen by written votes ; [and, for one year at 
least next preceding his election, shall have been an inhab- 
itant of, and have been seised in his own right of a free- 
hold of the value of one hundred pounds within the town 
he shall be chosen to represent, or any ratable estate to 
the value of two hundred pounds ; and he shall cease to 
represent the said town immediately on his ceasing to be 
qualified as aforesaid.] 

IV. [Every male person, being twenty-one years of 
age, and resident in any particular town in this common- 
wealth for the space 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 pounds, 
shall have a right to vote in the choice of a representative 
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 
l)ef()re the last Wediiesda}' of that month.] 

and changed again by amendments, 



Time of election changed by amendments, Art. X 

An. XV. 



COMMONWEALTH OF MASSACHUSETTS. 17 

VI. The house of representatives shall be the grand House aione 
inquest of this commonwealth; and all impeachments '=''"*'"»'-*<'• 
made by them shall be heard and tried by the senate. 

Vn. All money bills shall originate in the house of House to origi- 
representatives ; but the senate may propose or concur bfiu.'''^'"*'"''^ 
with amendments, as on other bills. 

Vni. The house of representatives shall have power nottoadjoura 
to adjourn themselves; provided such adjournment shall "ay?. ^'''"* ^"^^ 
not exceed two days at a time. 

IX. [Not less than sixty members of the house of quorum, 
representatives shall constitute a quorum for doing busi- amcndmcms^^ 
ness.] ^■^'•^• 

X. The house of representatives shall be the judge of ^.^^^^^^^^f ^^ 
the returns, elections, and qualifications of its own mem- itsown'mcm- 
bers, as pointed out in the constitution ; shall choose their us'offic°cM and* 
own speaker; appoint their own officers, and settle the ruiesl'etc!^' 
rules and orders of proceeding in their own house. They may punish 
shall have authority to punish by imprisonment every o°4noe'^'° 
person, not a member, who shall be guilty of disrespect UGray,226. 
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 any thing said or done in the house ; or who shall 
assault any of them therefor ; or who shall assault, or 
arrest, any witness, or other person, ordered to attend the 
house, in his way in going or returning ; or who shall 
rescue any person arrested by the order of the house. 

And no member of the house of representatives shall be PrivHegcsof 
arrested, or held to bail on mean process, during his going """"^ '""^" 
unto, returning from, or his attending the general assem- 
bly. 

XI. The senate shall have the same powers in the like senate, 
cases; and the governor and council shall have the same council may 
authority to punish in like cases : provided, that no impris- ^"nerai umiu- 
onment on the warrant or order of the governor, council, j^^^^^y^ 226. 
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 Triaimayboby 
and determine all cases where their rights and privileges oXmiLT.' "^ 
are concerned, and which, by the constitution, they have 
authority to try and determine, by committees of their own 
members, or in such other way as they may respectively 
think best. 



18 



CONSTITUTION OF THE 



Governor. 



His title. 

To be cboeen 

aiinimlly. 

QualiUcations. 



Requirement of 
religious decla- 
ration abolished 
by amend- 
ments, Art. 
VU. 

By whom cho- 
sen, if" be have a 
majority of 
votes. 

Time of elec- 
tion changed by 
amendments, 
Alt. X., and 
changed again 
by anu'iidmcntB, 
Art. XV. 



As to cities, Bee 
amendments, 
Art. U. 



Time changed 
•o lirst Wednes- 
day of January 
by amendments. 
Art. X. 



Changed to 
plurallly by 

lUIK'tKinK iits. 

Art. XIV. 

Flow chosen, 
when no person 
huH a majority. 



CHAPTER n. 

EXECUTIVE POWEB. 

Section I. 
Crovernor. 

Article I. There shall be a supreme executive magis- 
trate, who shall be styled — The Governor of the 
Commonwealth of jSIassachusetts ; and whose title 
shall be — His Excellency. 

II. The governor shall be chosen annually ; and no 
person shall be eligible to this oCice, unless, at the time of 
his election, lie shall have been an inhabitant of this com- 
monwealth 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.] 

III. Those persons who shall be qualified to vote for 
senators and representatives within the several towns of 
this commonwealth shall, at a meeting to be called for 
that purpose, on the [first Monday of April] annually, 
give in their votes for a governor, to the selectmen, who 
shall preside at such meetings ; and the town clerk, in the 
presence and with the assistance of the selectmen, shall, 
in open town meeting, sort and count the votes, and form 
a list of the persons voted for, with the number of votes 
for each person against his name ; and shall make a fair 
record of the same in the town books, and a public decla- 
ration thereof in the said meeting ; and shall, in the pres- 
ence of the inhabitants, seal up copies of the said list, 
attested by him and the selectmen, and transmit the same 
to the sheriff of the county, thirty days at least before the 
[last Wednesday in May] ; and the sheriff shall transmit 
the same to the secretary's office, seventeen days at least 
before the said [last Wednesday in Ma}'] ; or the select- 
men may cause returns of the same to be made to the 
office of the secretary of the commonwealth, seventeen 
days at least before the said day; and the secretary shall 
lay the same before the senate and tlie house of repre- 
sentatives on the [last Wednesday in May], to be by them 
examined ; and [in case of an election by a majority of all 
the votes retnrjied], the choice shall be by them declared 
and published; [but if no person shall have a majcu'ity of 



COMMONWEALTH OF MASSACHUSETTS. 19 

votes, the house of representatives shall, by ballot, elect 

two out of four persons who had the highest number of 

votes, if so many shall have been voted for; but, if other- , 

wise, out of the number voted for ; and make return to 

the senate cf the two persons so elected ; on which tlie 

senate shall proceed, by ballot, to elect one, who shall be 

declared governor.] 

IV. The governor shall have authority, from time to rower of gor- 
time, at his discretion, to assemble and call together the gov"nioi'und 
councillors of this commonwealth for the time being ; and ^ouucu. 
the governor with the said councillors, or five of them at 

least, shall, and ma}^, 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 Mayadjoumor 
full power and authority, during the session of the gen- gcncraicourt 
eral court, to adjourn or prorogue the same to any time a,''a"on?oue'' 
the two houses shall desire; [and to dissolve the same on tiiueame. 
the day next preceding the last Wednesday in May; and, tson, sec amend. 
in the recess of the said court, to prorogue the same from '^*^'*'^' ■^^■''- • 
time to time, not exceeding ninety days in any one recess ;] 

and to call it together sooner than the time to which it 
may be adjourned or prorogued, if the welfare of the com- 
monwealth shall require the same ; and in case of any 
infectious distemper prevailing in the place where the said 
court is next at any time to convene, or any other cause 
happening, whereby danger may arise to the Jiealth or 
lives of the members from their attendance, he may direct 
the session to be held at some other, the most convenient 
place within the state. 

[And the governor shall dissolve the said general court As to dissoiu- 
on the day next preceding the last Wednesday in May.] mt^u'^it" x. ' 

VI. In cases of disagreement between the two houses. Governor and 
with regard to the necessity, expediency, or time of ad- adjoun'iaiogen- 
lournment or prcroration, the Q'overnor, with advice of t-i-ii court in 

J J-O .,",. , cases, etc., but 

the council, shall have a right to adjourn or prorogue the not escocding 
general court, not exceeding ninety days, as he shall "'""^'^ ''^^' 
determine the public good shall require. 

VII. The governor of this commonwealth, for the time Governor to be 

bi Ti 1 ,1 1 • 1 • _e r ii 1 cominaudcr-in- 

emg, shall be the commander-m-chiet or the army and chkf. 

navy, and of all the military forces of the state, by sea 

and land; and shall have full power, by himself, or by 

any commander, or other officer or officers, from time to 

time, to train, instruct, exercise, and govern the militia 

and navy ; and, for the special defence and safety of the 



20 



CONSTITUTION OF THE 



Limitation. 



Governor and 
council may 
pardon nll'cnces, 
except, etc. 



But not before 
conviction. 
109 MiiHS. 323. 



Judicial ofn. 
ciTH, etc., liow 
nominated and 
upi)ointed. 
For provlHlons 



commonwealth, 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 con- 
quer, by all fitting ways, enterprises, and means whatso- 
ever, all and every such person and persons as shall, at 
any time hereafter, in a hostile manner, attempt or enter- 
prise the destruction, invasion, 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 occa- 
sion shall necessarily require ; and to take and surprise, 
by all ways and means whatsoever, 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 com- 
monwealth ; and that the governor be intrusted with all 
these and other powers, incident to the offices of cap- 
tain-general and commander-in-chief, and admiral, to be 
exercised agreeably to the rules and regulations 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 legis- 
lature, transport any of the inhabitants of this common- 
wealth, or oblige them to march out of the linuts- of the 
same, without their free and voluntary consent, or the con- 
sent of the general court ; except so far as may be neces- 
sary to march or transport them by land or water, for the 
defence of such part of the state to which they cannot 
otherwise conveniently have access. 

VIII. The power of pardoning offences, except such 
as persons may be convicted of before the senate by an 
impeachment of the house, shall be in the governor, by 
and with the advice of council ; but no charter of par- 
don, granted by the governor, with advice of the council 
bd'orc conviction, shall avail the party pleading the same, 
notwithstanding any general or particular expressions con- 
tained therein, descriptive of the otfencc or olfenees in- 
tended 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- 



COMMONWEALTH OF MASSACHUSETTS. 



21 



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. 

For provision as to election of sherifTs. registers of probate, etc., see amendments, Art. 
XIX. For provision as to appointment of notaries public, see amendments. Art. IV. 

X. Tlie captains and subalterns of the militia shall be 
elected by the written votes of tlie 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 subal- 
terns of their res])ective regiments ; the brigadiers shall be 
elected, in like manner, by the field officers of their respec- 
tive brigades ; and such officers, so elected, shall be com- 
missioned 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 collect- 
ing 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. 

For provisions as to appointment of a commissary -general, see amendments, Art. IV. 

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

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

The commanding officers of regiments shall appoint 
their adjutants and 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 confedera- 
tion of the United States it is provided that this common- 
wealth shall appoint, as also all officers of forts and 
garrisons. 

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



as to election 
of attorney- 
general, see 
amendments, 
Art. XVU. 



Militia ofBcers, 
how elected. 
Limitation of 
age struck out 
by amend- 
ments, Art. V. 



How coramis- 
sioned. 



Election of 
officers. 



Major-generals, 
liow appointed 
and com mis- 
Bioned. 



Vacancies, hovr 
filled, in case, 
etc. 



Officers duly 
commissioned, 
how removed. 
Superseded by 
amendments. 
Art. IV. 



Adjutants, etc., 
how appointed. 



Array officers, 
how appointed. 



Organization of 

militia. 



22 



CONSTITUTION OF THE 



Money, how 
drawn from the 
trcamiry, ex- 
cept, I'lC. 
13 Allcu, 593. 



All public 
boanls, etc., to 
make quarterly 
returns. 



Salary of 
gOTcruor. 



Balarlps of jus- 
tici'H of Kii|)rfmo 
Judiciul court. 



XI. No monej's shall be issued out of the treasury of 
this commonwealth, and disposed of (except such sums as 
may be appropriated for the redemption of bills of credit 
or treasurer's notes, or for the pa3''ment 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 
superintending officers of public magazines and stores, 
belonging to this commonwealth, and all commanding 
officers of forts and garrisons witliin the same, shall once 
in every three months, oflicially, and without requisition, 
and at other times, when required by the governor, deliver 
to him an account of all goods, stores, provisions, ammu- 
nition, cannon with their appendages, and small arms 
with their accoutrements, and of all other public property 
whatever under their care respectively ; distinguishing the 
quantity, number, quality and kind of each, as particu- 
larly as may be ; together with the condition of such forts 
and garrisons ; and the said commanding officer shall ex- 
hibit to the governor, when required by him, true and 
exact plans of such forts, and of the land alid sea or har- 
bor or harbors, adjacent. 

And the said boards, and all public officers, shall com- 
municate to the governor, as soon as may be after receiving 
the same, all letters, despatches, and intelligences of a 
public nature, whicli shall be directed to tlicm respectively. 

XIII. As the public good requires that the governor 
should not be under the undue influence of any of the 
members of the general court by a dependence on them 
for his support, that he should in all cases act with free- 
dom for the beneiit 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 dignity 
of the commonwealth in the character of its chief magis- 
trate, 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 stamling laws: 
and it shall be among the first acts of the general court, 
after the commencement of tliis constitution, to establish 
such salary by law accordingl3% 

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



COMMONWEALTH OF MASSACHUSETTS. 



23 



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



Salaries to bo 
eiilarsied if 
iusutlicicat. 



CHAPTER n. 
Section H. 

Lieutenant-Governor. 

Article I. There shall be annually elected a lieuten- 
ant-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 commonwealth, in the same manner with the gov- 
ernor ; and the day and manner of his election, and the 
qualifications of the electors, shall be the same as are 
required in the election 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 rejjre- 
sentatives, in the same manner as the governor is to be 
elected, in case no one person shall have a majority of the 
A''otes of the people to be governor.] 

H. 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. 

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



Lieutenant- 
governor; [lis 
title and qualifi- 
cations, riie 
reqiiiicraent of 
a declaration of 
belief in the 
eliristiaii 
rcliLcion was 
abolished by 
amendments, 
Art. VU. 



How chosen. 

Election by 
plurality pro- 
vided for by 
amendments, 
Art. XIV. 



President of 
council. 
Lieutenant- 
governor a 
member of, 
except, etc. 



Lieutenant- 
governor to be 
acting governor, 
in case, etc. 



CHAPTER H. 

Section HI. 

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

Article I. There shall be a council for advising the Conncn, 
governor in the executive part of the government, to councillors 



24 



CONSTITUTION OF THE 



changed to 
eight. 

See amend- 
ments, Art. 
XVI. 



Number ; from 
whom, and bow 
chosen. 
Modified by 
amendments. 
Arts. X. and 

xin. 

Superseded by 
amendments, 
Art. XVI. 



If senators be- 
come council- 
lors, their seats 
to be vacated. 

Kank of 
councillors. 



Xo district to 
have more than 
two. 



Register of 
couucil. 



Council to oxer- 
cisc the power 
of g<.>vornor in 
caHc, etc. 



Elections may 
be adjourned 
until, etc. 



Order thereof. 
Bupereedcd by 



consist of [nine] persons besides the lieutenant-governor, 
whom 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 councillors, or five of them at least, shall and may, 
from time to time, hold and keep a council, for the order- 
ing and directing the affairs of the commonwealth, accord- 
ing to the laws of the land. 

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

III. 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 district of this commonwealth.] 

Superseded by amendments, Art. XVI. 

V. The resolutions and advice of the council shall be 
recorded in a register, and signed by the members present ; 
and this record may be called for at any time by either 
house of the legislature ; and any member of the council 
may insert his opinion, contrary to the resolution of the 
majority. 

VI. Whenever the office of the governor and lieuten- 
ant-governor shall be vacant, by reason of death, absence, 
or otherwise, then the council, or the major part of them, 
shall, during such vacancy, have full power and authority 
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. 

VII. [And whereas the elections appointed to be made, 
by this constitution, on the last Wednesday in INIay annu- 
ally, by the two houses of the legislature, may not be 
(;oinpl('ted on that day, the said elections may be adjourned 
from day to day until the same shall be completetl. And 
the order of elections shall be as follows : the vacancies in 



• more 



COMMONWEALTH OF MASSACHUSETTS. 25 

the senate, if an}^ shall first be filled up ; the governor amendments, 
and lieutenant-governor shall then be elected, provided xxv. 
there should be no choice of them by the people ; and 
afterwards the two houses shall proceed to the election of 
the council.] 

CHAPTER II. 

Section IV. 

Secretary, Treasurer^ Commissary, etc. 

Article I. [The secretary, treasurer, and receiver- Secretary, etc., 
general, and the commissary-general, notaries public, and] ho\7ch^t"".*^ 
naval officers, shall be chosen annually, by joint ballot of ^"eiecuon'of ''^ 
the senators and representatives in one room. And, that eecretaiy, treas. 
the citizens of this commonwealth may be assured, from cciver-gencrai, 
time to time, that the moneys remaining in the public at"torn"y-genf"'^ 
treasury, upon the settlement and liquidation of the pub- n^ol/ts^Ar™'^"^" 
lie accounts, are their property, no man shall be eligible xvu.' 
as treasurer and receiver-general more than five years sue- Tieai»nrer in- 

-, '-' " eligible for mo 

CeSSlVely. than live suc- 

For provision as to appointment of notaries public and the commissary-general, see cessive years, 
ainendiuents, Art. IV. 

II. The records of the commonwealth shall be kept in Secretary to 
the office of the secretary, who may appoint his deputies, toauenTthe' 
for whose conduct he shall be accountable ; and he shall councu"etc.'^ 
attend the governor and council, the senate and house of 
representatives, in person, or by his deputies, as they shall 
respectively require. 

CHAPTER III. 

JUDICIARY POWER. 

Article I. The tenure, that all commission officers Tenure of aii 

shall by law have in their offices, shall be expressed in oftk"r8*to°be 

their respective commissions. All judicial officers, duly ja'aichu officers 

appointed, commissioned, and sworn, shall hold their offices ^^ i>.<^'<^ "fflce 

-^i . Ill- 1- 1, • 1 during good 

during good behavior, excepting such concerning whom behavior, ex- 
there is different provision made in this constitution : But'may be 
provided, nevertheless, the governor, with consent of the ^^^l^^^^ 
council, may remove them upon the address of both houses 
of the legislature. 

II. Each branch of the legislature, as well as the gov- Justices of su- 
ernor and council, shall have authority to require the opin- counViVve'' 
ions of the justices of the supreme judicial court, upon °Pquir"d.'^^''° 
important questions of law, and upon solemn occasions. 11^ Mass' 557* 

661. 



26 



CONSTITUTION OF THE 



Juatices of the 
ixace; ttnure 
of tlu'ii' oflice. 
3 Cush. 5S4. 



Provisions for 

holding probate 

courts. 

12 Gray, 147. 



Of marriage, 
divorce, and ali- 
mony. 
Other pro- 
visions made 
by law. 
105 Mass. 327. 
116 Mass. 317. 



III. In order that the people may not suffer from the 
long continuance in place of any justice of the peace who 
shall fail of discharoing the important duties ot his office 
with abilit}^ 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 })laces ; 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 governor and council, until the legis- 
lature shall, by law, make other provision. 



Delegates to 
congress. 



CHAPTER IV. 
DELEGATES TO CONGRESS. 

The delegates of this commonwealth to the congress of 
the United States, shall, some time in the month of June, 
annually, be elected by the joint ballot of the senate and 
house of representatives, assembled together in one room ; 
to serve in congress for one year, to commence on the first 
Monday in November then next ensuing. They shall 
have commissions under the hand of the governor, and 
the great seal of the commonwealth ; but may be recalled 
at any time witliin the year, and others chosen and com- 
missioned, in the same manner, in their stead. 



narvard 
College. 



CHAPTER V. 

THE UNIVERSITY AT CAMnRIDGE AND ENCOORAGEMENT 

OF LITERATURE, ETC. 

Section I. 

The University. 

Article I. Whereas our wise and pious ancestors, so 
early as the year one thousand six hundred and thirty-six, 



COMMONWEALTH OF MASSACHUSETTS. 27 

laid the foundation of Harvard College, in which univer- 
sity many persons of great eminence have, by the blessing 
of God, been initiated in those arts and sciences which 
qnalilicd 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 rowers, pnvi. 
Harvard College, in their corporate capacity, and theT'iesuient 
tlieir successors in that capacity, their officers and ser- confinlled.^' 
vants, shall have, hold, use, exercise, and enjoy, all the 
powers, authorities, rights, liberties, privileges, immunities, 
and franchises, which they now have, or are entitled to 
have, hold, use, exercise, and enjoy; and the same are 
hereb}^ ratified and confirmed unto them, the said presi- 
dent and fellows of Harvard College, and to their suc- 
cessors, 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 convej^ances, 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 convey- ah gifts, grants, 
ances, are hereby forever confirmed unto the president ^'■'^•' <=°° """^ • 
and fellows of Harvard College, and to their successors 
in the capacity aforesaid, according to the true intent and 
meaning of the donor or donors, grantor or grantors, 
devisor or devisors. 

III. And whereas, by an act of the general court of 
the colony of Massachusetts Bay, passed in the year one 
thousand six hundred and foi-ty-two, the governor and 
deputy-governor, for the time being, and all the magis- 
trates of that jurisdiction, were, with the president, and 
a number of the clergy in the said act described, consti- 
tuted the overseers of Harvard College ; and it being 
necessary, in this new constitution of government to 
ascertain who shall be deemed successors to the said gov- Who shaii bo 
ernor, deputy-governor, and magistrates; it is declared, 

that the governor, lieutenant-governor, council, and senate See statutes, 

of this commonwealth, are, and shall be deemed, their iso2,27.' 

successors, who, with the president of Harvard College, isoslnl 

for the time being, together with the ministers of the con- '^^^^' ^' 



28 



CONSTITUTION OF THE 



Power of altera- 
tion rt'oerved to 
the legislature. 



Duty of legisla- 
tures and magis- 
trates in all 
future periods. 
For further pro- 
visions as to 
public schools, 
see amend- 
ments, Art. 
XVUI. 
12 Allen, 500- 
503. 
103 Mass. 94, 97. 



gregational churches in the towns of Cambridge, Water- 
town, Charlestown, Boston, Roxbury, and Dorchester, 
mentioned in the said act, shall be, and hereby are, vested 
with all the powers and authority belonging, or in any 
way appertaining to the overseers of Harvard College ; 
provided, that nothing herein shall be construed to pre- 
vent the legislature of this commonwealth from making 
such alterations in the government of the said university, 
as shall be conducive to its advantage, and the interest 
of the republic of letters, in as full a manner as might 
have been done by the legislature of the late Province of 
the Massachusetts Bay. 

CHAPTER V. 

Section II. 

The Encouragement of Literature, etc. 

Wisdom and knowledge, as well as virtue, diffased gen- 
erally among the body of the people, being necessary for 
the preservation of their rights and liberties ; and as these 
depend on spreading the opportunities and advantages of 
education in the various parts of the country, and among 
the different orders of the peojole, it shall be the duty of 
legislatures and magistrates, in all future periods of this 
commonwealth, to cherish the interests of literature and 
the sciences, and all seminaries of them ; especially the 
university at Cambridge, public schools and grammar 
schools in the towns ; to encourage private societies and 
public institutions, rewards and immunities, for the pro- 
motion of agriculture, arts, sciences, commerce, trades, 
manufactures, and a natural history of the country; to 
countenance and inculcate the principles of humanity and 
general benevolence, public and ])rivate charity, industry 
and frugality, honesty and punctnality in their dealings; 
sincerity, good humor, and all social affections, and gen- 
erous sentiments, among the people. 



Oaths, etc. 



CHAPTER Vr. 

OATHS AND SUBSCRIPTIONS ; INCOMPATIBILITY OF AND 
EXCLUSION FROM OFFICES; PECUNLVRY QUALIFICA- 
TIONS; COMMISSIONS; WRITS; CONFHIMATION OF LAWS; 
HABEAS CORPUS; THE ENACTINCJ STYLE; CONTINU- 
ANCE OF OFFICERS; PROVISION FOP. A FUTURE REVISAL 
OF THE CONSTITUTION, ETC. 

Article I. [Any person chosen governor, lieutenant- 
governor, councillor, senator, or representative, and accept- 



COMMONWEALTH OF MASSACHUSETTS. 



29 



Declaration and 
oaths of all 
oflScera. 



ing tlie trust, shall, before lie proceed to execute the duties 
of his j)lace or office, make and subscribe the following 
declaration, viz. : 

" I, A. B., do declare, that I believe the Christian reli- Abolished, sea 

11 n • J? -J. J. i.1 1 J.1 J. T amendments, 

gion, and have a nrm persuasion oi its truth ; and that 1 Art. vii. 
am seised and possessed, 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 pres- 
ence 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 consti- 
tution ; and forever afterwards before the governor and 
council for the time being.] 

And every person chosen to either of the places or 
offices aforesaid, as also any person appointed or commis- 
sioned to any judicial, executive, military, or other office 
under the government, shall, before he enters on the dis- 
charge of the business of his place or office, take and sub- 
scribe the following declaration, and oaths or affirmations, 
viz. : 

["I, A. B., do truly and sincerely acknowledge, profess. For new oath 
testify, and declare, that the Commonwealth of Massachu- Bee'*!ira^Jnd°*^' 
setts is, and of right ought to be, a free, sovereign, and "'''"'*' ^''t- ^^' 
independent state ; and I do swear, that I will bear true 
faith and allegiance to the said commonwealth, and that I 
will defend the same against traitorous conspiracies and all 
hostile attempts whatsoever ; and that I do renounce and 
abjure all allegiance, subjection, and obedience to the king, 
queen, or government of Great Britain (as the case may 
be), and every other foreign power whatsoever ; and that no 
foreign prince, person, prelate, state, or potentate, hath, or 
ought to have, any jurisdiction, superiority, pre-eminence, 
authority, dispensing or other power, in any matter, civil, 
ecclesiastical, or spiritual, within this commonwealth, ex- 
cept the authority and power which 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 affir- 
mation ; and that I do make this acknowledgment, pro- 
fession, testimony, declaration, denial, renunciation, and 
abjuration, heartily and truly, according to the common 
meaning and acceptation of the foregoing words, without 
any equivocation, mental evasion, or secret reservation 
whatsoever. So help me, God."] 



30 



CONSTITUTION OF THE 



Oatb of office. 



Proviso. 
Sec .iraond- 
menta, Art. VI. 



Oaths and 
affirmations, 
how adminis- 
tered. 



Plurality of 
oflici's proliibit- 
ed to governor, 
etc., except, etc. 
Bee iiraend- 
nients, Art. 

vm. 



Same subject. 
1 Allen, 653. 



Incompatible 

ofllecs. 

For furtlier pro- 



"I, A. B., do solemnly swear and affirm, that I will 
faitlifully 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 ap- 
pointed as aforesaid, shall be of the denomination of the 
people called Quakers, and shall decline taking the said 
oath[s], he shall make his affii-mation in the foregoing 
form, and subscribe the same, omitting the words, [" I do 
sivear,''^ " and ahjure,'' " oath or" "• a)id ahjuratlon,'^ in the 
first oath ; and in the second oath, the words] " swear 
and,'^ and [in each of them] the words " So help me, 
God ; " subjoining instead thereof, " TJds I do under the 
pains and penalties of j)ery»ry." 

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

II. No governor, lieutenant-governor, or judge of the 
supreme judicial court, shall hold any other office or place, 
under the autliority of this commonwealth, except such' as 
by this constitution tliey are admitted to hold, saving that 
the judges of the said court may hold the offices of justices 
of tlie 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 
following offices, viz. : judge of probate — sheriff — regis- 
ter of probate — or register of deeds; and never more 
than any two offices, whicli are to be held by appointment 
of the governor, or the governor and council, or tlie 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 jicrson holding the office of judge of the supreme 
judicial court — secretary — attorney-general — solicitor- 



COMMONWEALTH OF MASSACHUSETTS. 31 

general — treasurer or receiver-^s^eneral — judge of probate visions as to 

— commissary -general — [president, j)roiessor, or instruct- oiucesUce 
or of Harvard College] — sheriff — clerk of the house of 'X.-u viTi"'^' 
representatives — register of probate — register of deeds ^'fj p'*,y,i°''*'"' 

— clerk of the supreme judicial court — clerk of the infe- excepted iTy 
rior court of common pleas — or ofBcer of the customs, Arti'xxvu.' 
including in this description naval ofBcers — shall at the 

same time have a seat in the senate or house of represen- 
tatives ; but their being chosen or appointed to, and accept- 
ing the same, shall operate as a resignation of their seat in 
the senate or house of representatives ; and the place so 
vacated shall be filled up. 

And the same rule shall take place in case any judge of incompatible 
the said supreme judicial court, or judge of probate, shall ° ^'^^' 
accept a seat in council ; or any councillor shall accept of 
either of those offices or places. 

And no person shall ever be admitted to hold a seat in Bribery, etc., 
the legislature, or any office of trust or importance under '^'^^"''^'^"y- 
the government of this commonwealth, who shall, in the 
due course of law, have been convicted of bribery or 
corruption in obtaining an election or appointment. 

HI. In all cases where sums of money are mentioned Value of money 
in this constitution, the value thereof shall be computed ***'=^"'»^"'"i- 
in silver, at six shillings and eight pence per ounce; and Property quaii- 
it shall be in the power of the legislature, from time to bc'inorea^'d! 
time, to increase such qualifications, as to property, of the mTnts™Art. 
persons to be elected to offices, as the circumstances of xiii. ' 
the commonwealth shall require. 

IV. All commissions shall be in the name of the Provisions 
Commonwealth of Massachusetts, signed by the governor commissions. 
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 Provisions re- 
the courts of law, shall be in the name of the Common- I'pTck'.'loT'^^' 
wealth of INIassachusetts ; they shall be under the seal of i3'Qray^74 
the court from whence they issue ; they shall bear test of 

the first justice of the court to which they shall be returna- 
ble, who is not a party, and be signed by the clerk of such 
court. 

VI. All the laws which have heretofore been adopted, continuation of 
used, and approved in the Province, Colony, or State of cxoep[,'etc.*' 
Massachusetts Bay, and usually practised on in the courts ii^-'ss-od. 



2 Mass. 534. 



of law, shall still remain and be in full force, until altered s pick, aoo, .-jio. 
or repealed by the legislature ; such parts only excepted 2 Met. iis. ' 
as are repugnant to the rights and liberties contained in 
this constitution. 



32 



CONSTITUTION OF THE 



Benefit of 
habean corpus 
secured, except, 
etc. 



The enacting 
style. 



Officers of 
former govern- 
ment continued 
until, etc. 



Proviwion for 
revising con- 
stitution. 
For cxistini; 
provision ac to 
iinicndinc'iits, 
see anieml- 
ments. Art. IX. 



Provision for 
revising con- 
Btitutioa. 



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

VIII. The enacting style, in making and passing all 
acts, statutes, and laws, shall be — " Be it enacted by the 
Senate and House of Representatives, in General Court 
assembled, and by the authority of the same." 

IX. To the end there may be no failure of justice, or 
danger arise to the commonwealth from a change of the 
form of government, all officers, civil and military, hold- 
ing commissions under the government and people of 
Massachusetts Bay in New England, and all other officers 
of the said government and people, at the time this con- 
stitution shall take effect, shall have, hold, use, exercise, 
and enjoy, all the powers and authority to them granted 
or committed, until other persons shall be appointed in 
their stead ; and all courts of law shall proceed in the 
execution of the business of their respective departments ; 
and all the executive and legislative officers, bodies, and 
powers shall continue in full force, in the enjoyment and 
exercise of all their trusts, employments, and authority ; 
until the general court, and the supreme and executive 
officers under this constitution, are designated and in- 
vested with their respective trusts, powers, and authority. 

X. [In order the more effectually to adhere to the 
principles of the constitution, and to correct those viola- 
tions which by any means may be made therein, as well 
as to form such alterations as from experience shall be 
found necessary, the general court which shall be in the 
year of our Lord one thousand seven hundred and ninety- 
five, shall issue precepts to the selectmen of the several 
towns, and to the assessors of the unincorporated planta- 
tions, directing them to convene the qualified voters of 
their respective towns and plantations, for the purpose of 
collecting tlicir sentiments on the necessity or c-\pediency 
of revising the constitution, in order to amendments. 

And if it shall appear, by the returns made, that two- 
thirds of the qualified voters throughout the state, who 
shall assemble and vote in consequence of the said pre- 
cei)ts, are in favor of sucli 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. 



COMMONWEALTH OF MASSACHUSETTS. 



33 



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

XI. This form of government shall be enrolled on Provision for 
parchment, and deposited in the secretary's office, and be publtshlnf uas 
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. 



General court 
empowered to 
charter cities. 
122 Mass. 354. 



Article I. If any bill or resolve shall be objected to, Bin, etc., not 
and not approved by the governor; and if the general fivl'day^.not^to 
court shall adiourn within five days after the same shall H^.TT^ 'T '''^^' 

• ii. 1 /»• II legislature 

have been laid before the governor for his approbation, adjourn in tiie 
and thereby prevent his returning it with his objections, sMass. ost. 
as provided by the constitution, such bill or resolve shall if§ i"] A^tVii^ 
not become a law, nor have force as such. 

Aet. II. The general court shall have full power and 
authority to erect and constitute municipal or city gov- 
ernments, in any corporate town or towns in this com- 
monwealth, and to grant to the inhabitants thereof such 
powers, privileges, and immunities, not repugnant to the 
constitution, 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 officers under the constitution, and the 
manner of returning the votes given at such meetings. 
Provided, that no such government shall be erected or 
constituted in any town not containing twelve thousand 
inhabitants, nor unless it be with the consent, and on the 
application of a majority of the inhabitants of such town, 
present and voting thereon, pursuant to a vote at a meet- 
ing duly warned and holden for that purpose. And pro- 
vided, also, that all by-laws, made by such municipal or 
city government, shall be subject, at all times, to be an- 
nulled by the general court. 

Art. III. Every male citizen of twenty-one years of Qualifications of 

age and upwards, excepting paupers and persons under Irno^ileua-n!" 

guardiansliip, who shall have resided within the common- seMtors'Md' 

wealth one year, and within the town or district in which representatives. 

•^ 11 Pick. 638, 540. 



Proviso. 

112 Mass. 200. 



34 



CONSTITUTION OF THE 



U Pick. 341. 
14 Mass. 307. 
5 Met. 162, 298, 
591, 594. 
7 Gray, 209. 
122 Mass. 595, 
597 

124 Mass. 596. 
For educational 
qiialiliculion, 
eee amend- 
ments, Art. XX. 
For provision as 
t) those wlio 
liave served in 
the army or 
navy in time of 
■war, see amend- 
ments. Art. 
XXVIU. 



Notaries public, 
how appointed 
and removed. 



Vacancies in the 
offices of secre- 
tary and treas- 
tn-er, how filled. 
This clause 
Buperseded by 
amendments, 
Art. XVU. 



Commissary- 
general may bo 
appointed, in 
case, etc. 



Militia officers, 
how removed. 



Who may vote 
for captains and 
Bubultcrns. 



Oath to bo taken 
by all officers. 
See Const., 
Ch. VI. Art. I. 



he may claim a right to vote, six calendar months next 
preceding any election of governor, lieutenant-governor, 
senators, or representatives, and who shall have j)aid, by 
himself, or his parent, master, or guardian, any state or 
county tax, which shall, within two years next preceding 
such election, have been assessed upon hira, in an}^ 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-governor, senators, and representatives ; and no 
other person shall be entitled to vote in such elections. 

See also amendments. Art. XXIH., which was annulled by amendments, Art. XXVI. 

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

[In case the office of secretary or treasurer of the com- 
monwealth shall become va«*aiit from any cause, during 
the recess of the general court, the governor, with the 
advice and consent of the council, shall nominate and 
appoint, under such regulations as may be prescribed by 
law, a competent and suitable person to such vacant office, 
who shall hold the same until a successor shall be appointed 
by the general court.] 

Whenever the exigencies of the commonwealth shall 
require the appointment of a commissary-general, he shall 
be nominated, appointed, and commissioned, in such man- 
ner as the legislature may, by law, prescribe. 

All officers commissioned to command in the militia 
may be removed from office in such manner as the legis- 
lature may, by law, prescribe. 

Art. V. In the elections of captains and subalterns 
of the militia, all the members of their respective compa- 
nies, as well those under as those above the age of twenty- 
cue years, shall have a right to vote. 

Art. VI. Instead of the oath of allegiance prescribed 
by the constitution, the following oath shall be taken and 
subscribed by every person chosen or appointed to any 
office, civil or military, under the government of this 
commonwealth, before he shall enter on the duties of his 
office, to wit : — 

"I, A. B., do solemnly swear, that I will bear true faith 



COMMONWEALTH OF MASSACHUSETTS. 



35 



and allegiance to the Commonwealth of Massachusetts, and 
will support the constitution thereof. So help me, God." 

Provided^ That when any person shall be of the denomi- Proviso. Qua- 
nation called Quakers, and shall decline taking said oath, ^'^'"•^y* ''"'• 
he shall make his affirmation in the foregoing form, omit- 
ting the word " swear " and inserting, instead thereof, the 
word " affirm," and omitting the words " So help me, God," 
and subjoining, instead thereof, the words, " This I do 
under the pains and penalties of perjury." 

Art. VH. No oath, declaration, or subscription, except- Tesu 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 quali- 
fy them to perform the duties of their respective offices. 

Art. VHI. No judge of any court of this common- incotripatibiiity 
wealth, (except the court of sessions,) and no person 122 MaL.' 445, 
holding any office under the authority of the United ^Mass-sss. 
States, (postmasters excepted,) shall, at the same time, 
hold the office of governor, lieutenant-governor, or coun- 
cillor, or have a seat in the senate or house of representa- 
tives of this commonwealth ; and no judge of any court in 
this commonwealth, (except the court of sessions,) nor 
the attorney-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 acceptance of such trust, by any of the officers 
aforesaid, shall be deemed and taken to be a resignation 
of his said office ; and judges of the courts of common pleas 
shall hold no other office under the government of this 
commonwealth, the office of justice of the peace and mili- 
tia offices excepted. 

Aet. IX. If, at any time hereafter, any specific and Aniendments to 
particular amendment or amendments to the constitution how made. ' 
be proposed in the general court, and agreed to by a ma- 
jority of the senators and two-thii-ds 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 



36 



CONSTITUTION OF THE 



senators and two-thirds of the members of the house of 
representatives present and voting thereon, then it shall 
be the duty of the general court to submit such proposed 
amendment or amendments to the people ; and if they 
shall be approved and ratified by a majority of the quali- 
fied voters, voting thereon, at meetings legally warned and 
holden for that purpose, they shall become part of the 
constitution of this commonwealth. 



Coramencement 
of political year, 



and termination. 



Meetings for the 
choice of gov- 
ernor, lieuten- 
ant-governor, 
etc., when to be 
held. 

This clause 
Bnperseded by 
araendmuiits. 
Art. XV. 



Article, when to 
go into opera- 
tion. 



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, which are by the constitution required to be made and 
done at the session which has heretofore commenced on the 
last Wednesday of May. And the general court shall be 
dissolved on the day next preceding the first Wednesday 
of January, without 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 
governor. The governor, lieutenant-governor and coun- 
cillors, 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. 

[The meeting for the choice of governor, lieutenant- 
governor, senators, and representatives, shall be held on 
the second INIonday of November in every year ; but meet- 
ings may be adjourned, if necessary, for the choice of 
representatives, to the next day, and again to the next 
succeeding day, but no further. But in case a second 
meeting shall be necessary for the choice of representa- 
tives, such meetings shall be held on the fourth Monday 
of the same month of November.] 

All the other provisions of the constitution, respecting 
the elections and proceedings of the members of the gen- 
eral court, or of any other oificors or persons whatever, that 
have reference to the last Wednesday of May, as the com- 
mencement of the political year, shall be so far altered, as 
to have like reference to the first Wednesday of January. 

This article shall go into operation on the first day of 
October, next following the day when the same shall be 
duly ratified and adopted as an anu'iulnient of the consti- 
tution; and tlie governor, lieutenant-governor, councillors, 
senators, representatives, and all other state officers, who 



COMMONWEALTH OF MASSACHUSETTS. 



37 



Religions 
freedom 
established. 
See Dec. of 
Rights, Art. 

m. 



are annually chosen, and who shall be chosen for the cur- 
rent year, when the same shall go into operation, shall 
hold their respective ofBces until the first Wednesday of 
January 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 
following 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, incon- inconsistent 
sistent with the provisions herein contained, are hereby ^^uiiLd!^ 
wholly annulled. 

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

"As the public worship of God and instructions in 
piety, religion, and morality, promote the happiness and 
prosperity of a people, and the security of a republican 
government ; therefore, the several religious societies of 
this commonwealth, whether corporate or unincorporate, 
at any meeting legally warned and holden for that pur- 
pose, shall ever have the right to elect their pastors or 
religious teachers, to contract with them for their support, 
to raise money for erecting and repairing houses for public 
worship, for the maintenance of religious instruction, and 
for the payment of necessary expenses ; and all persons 
belonging to any religious society shall be taken and held 
to be members, until they shall file with the clerk of such 
society a written notice,, declaring the dissolution of their 
membership, and thenceforth shall not be liable for any 
grant or contract which may be thereafter made, or entered 
into by such society; and all religious sects and denomi- 
nations, demeaning themselves peaceably, and as good citi- 
zens 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." 

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 commonwealth, on the first 
day of May, shall be taken and returned into the secre- 
tary's office, in such manner as the legislature shall pro- 
vide, within the month of May, in the year of our Lord 



122 Mass. 40, 41. 



Census of rata- 
ble polls to be 
taken in 1837, 
and decennially 
thereafter. 
This article was 
superseded by 
amendments, 
Art. Xm., 
■which was also 
superseded by 



88 



CONSTITUTION OF THE 



amendmentB, 
Art. XXI. 
Reprei>eiita- 
tivcB, bow 
apportioued. 



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



Fractions, how 
represented. 



Towns may 
unite into repre- 
sentative dis- 
tricts. 



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



New apportlon- 
nientto he made 
onco in every 
ten years. 



one thousand eight hundred and thirty-seven, and in every 
tenth year thereafter, in the month of May, in manner 
aforesaid ; and each town or city having three hundred rata- 
ble 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 three hun- 
dred, one representative more. 

Any town having less than three hundred ratable polls 
shall be represented thus: The whole number of ratable 
polls, at the last preceding decennial census of polls, shall 
be multiplied by ten, and the product divided by three 
hundred ; and sach town may elect one representative 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 polls 
beyond the necessary number, may be represented, as to 
that surplus number, by multiplying such surplus number 
by ten and dividing the product by four hundred and fifty; 
and such city or town may elect one additional represen- 
tative as many years, within the ten years, as four hundred 
and fifty is contained 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 rep- 
resentative district to continue until the next decennial 
census of polls, for the election of a representative, or rep- 
resentatives ; and such district shall have all the rights, in 
regard to representation, which would belong to a town 
containing the same number of ratable polls. 

The governor and council shall ascertain and determine, 
within the months of July and August, in the year of our 
Lord one thousand eight hundred and thirty-seven, accord- 
ing to the foregoing principles, the number of representa- 
tives, which each cit}', town, and representative district is 
entitled to elect, and the number of years, within the 
period of ten years then next ensuing, that each city, 
town, and representative 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 sluill be done once in ten 
years, thereafter, by the governor and council, and the 



COMMONWEALTH OF MASSACHUSETTS. 



39 



number of ratable polls in each decennial census of polls, 
shall determine the number of representatives, which each 
city, town and representative district may elect as afore- 
said ; and when the number of representatives to be elected 
by each city, town, or representative district is ascertained 
and determined as aforesaid, the governor shall cause the 
same to be published 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 incon- inconsistent 
sistent with the provisions herein contained, are hereby 
wholly annulled.] 



provisions 
annulled. 



Art. Xin. [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 repre- 
sentatives for the term of ten years. 122 Mass. 595. 

The several senatorial districts now existing shall be 
permanent. The senate shall consist of forty members ; 
and in the year one thousand eight hundred and forty, 
and every tenth year thereafter, the governor and council 
shall assign the number of senators to be chosen in each 
district, according to the 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 hundred inhabitants may elect one rep- 
resentative ; 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 inhab- 
itants shall be entitled to elect a representative as many 
times within ten years as the number one hundred and 
sixty is contained in the number of the inhabitants of said 
town. Such towns may also elect one representative for 
the year in which the valuation of estates within the com- 
monwealth shall be settled. 

Any two or more of the several towns may, by consent 
of a majority of the legal voters present at a legal meet- 
ing, 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 



Census of inhab- 
Hants to be taken 
in 1840, and de- 
cennially there- 
after, for basis 
of representa- 
tion. 

Provisions as to 
census super- 
seded by amend- 
ments, Arts. 
XXI. and XXH. 
Senatorial dis- 
tricts declared 
permanent. 
Provisions as to 
senators super- 
seded by amend- 
ments, Art. 
XXU. 



House of repre- 
sentatives, how 
apportioned. 
Provisions as to 
representatives 
superseded by 
amendments, 
Art. XXI. 



Small towns, 
how repre- 
sented. 



Towns may 
unite into repre- 
sentative dis- 
tricts. 



40 



CONSTITUTION OF THE 



Basis of repre- 
BentatioD, and 
ratio of increase. 



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



Councillors to 
be cboBcn from 
tbe people at 
large. 

Provisions as to 
councillors 
Buperseded by 
amendments, 
Art. XVI. 

Qualifications of 
councillors. 



Frccbold as a 
qualification for 
a seat in general 
court or council 
not required. 



tenth year thereafter, form themselves into a representa- 
tive district, to continue for the term of ten years ; and 
such district shall have all the rights, in regard to repre- 
sentation, 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 num- 
ber 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 shall have increased to seven hundred and 
seventy thousand, and for every additional increase of 
seventy thousand inhabitants, the same addition of one- 
tenth shall be made, respectively, to the said numbers 
above mentioned. 

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

Nine councillors shall be annually chosen from among 
the people at large, on the first Wednesday of Januarj', 
or as soon thereafter as may be, by the joint ballot of the 
senators and representatives, assembled in one room, who 
shall, as soon as may be, in like manner, fill up any vacan- 
cies that may happen in the council, by death, resignation, 
or otherwise. No person shall be elected a councillor, who 
has not been an inhabitant of this commonwealth for the 
term of five years immediately preceding his election ; 
and not more than one councillor shall be chosen from 
any one senatorial district in the commonwealth.] 

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. 



Elections by tbo AiiT. XIV. Ill all clpctions of civil officers by the peo- 

pi'uTaiityof ''^ pie of this commonwealth, whose election is provided for 

votes. ]jy i\^Q constitution, the person having the highest number 
of votes shall be deemed and declared to be elected. 

Time of annual Art. XV. Thc meeting for the choice of governor, 

crnor7md legu- lieutcnaut-governor, senators, and representatives, shall 

Uture. 



COMMONWEALTH OF MASSACHUSETTS. 



41 



be held, on the Tuesday next after the first Monday in 
November, annually ; but in case of a failure to elect repre- 
sentatives 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 tlie inhabitants of tliis commonwealth, qualified to vote 
for governor. The election of councillors shall be deter- 
mined by the same rule that is required in the election of 
governor. The legislature, at its first session after this 
amendment shall have been adopted, and at its first ses- 
sion after the next state census shall have been taken, 
and at its first session after each decennial state census 
thereafterwards, shall divide the commonwealth into eight 
districts of contiguous territory, each containing a number 
of inhabitants as nearly equal as practicable, without divid- 
ing any town or ward of a city, and each entitled to elect 
one councillor : provided, however^ that if, at any time, the 
constitution shall provide for the division of the common- 
wealth into forty senatorial districts, then the legislature 
shall so arrange the councillor districts, that each district 
shall consist of five contiguous senatorial districts, as 
they shall be, from time to time, established by the legisla- 
ture. No person shall be eligible to the office of council- 
lor who has not been an inhabitant of the commonwealth 
for the term of five years immediately preceding his elec- 
tion. The day and manner of the election, the return of 
the votes, and the declaration of the said elections, shall 
be the same as are required in the election of governor. 
[Whenever there shall be a failure to elect the full num- 
ber of councillors, the vacancies shall be filled in the same 
manner as is required for filling vacancies in the senate ; 
and vacancies occasioned by death, removal from the state, 
or otherwise, shall be filled in like manner, as soon as may 
be, after sucli vacancies shall have happened.] And that 
there may be no delay in the organization of the govern- 
ment on the first Wednesday of January, the governor, 
with at least five councillors for the time being, shall, as 
soon as may be, examine the returned copies of the records 
for the election of governor, lieutenant-governor, and coun- 
cillors ; 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 



Eight council- 
lors to be chosen 
hy the people. 
122 Mass. 595, 
698. 



Legislature to 
district state. 



Eligibility 
defined. 



Day and manner 
of election, etc. 



Vacancies, how 
filled. 

For new pro- 
vision as to 
vacancies, see 
amendments, 
XXV. 

Organization of 
the government. 



42 



CONSTITUTION OF THE 



Election of 
socretJiry, treas- 
urer, auditor, 
and attonu'y- 
geiieral by the 
people. 



Vacancies, how 
filled. 



To qualify •with- 
in ten days, 
otlHTwUu office 
to be deemed 
vacant. 



Quulification 
requisite. 



School moneys 
not to be ap- 
plied for Bccta- 



Wednesday in January, to be by them examined ; and in 
case of the election of either of said ofiicers, the choice 
shall be by them declared and published ; but in case there 
shall be no election of either of said ofl&cers, the legisla- 
ture shall proceed to fill such vacancies in the manner pro- 
vided in the constitution for the choice of such officers. 

Art. XVII. The secretary, treasurer and receiver- 
general, auditor, and attorney-general, shall be chosen 
annually, on the day in November prescribed for the 
choice of governor ; and each person then chosen as such, 
duly qualified in other respects, shall hold his office for 
the term of one year from the third Wednesday in Jan- 
uary next thereafter, 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 va- 
cant, from any cause, during an annual or special session 
of the general court, such vacancy shall in like manner 
be filled by choice from the people at large ; but if such 
vacancy shall occur at any other time, it shall be supplied 
by the governor by appointment, with the advice and con- 
sent of the council. The person so chosen or appointed, 
duly qualified in other respects, shall hold his ollice 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 
either of said offices unless he shall have been an inhabit- 
ant of this commonwealth five vears next preceding hi3 
election or appointment. 

Art. XVIII. All moneys raised by taxation in the 
towns and cities for tlie support of public schools, and 



COMMONWEALTH OF MASSACHUSETTS. 



43 



all moneys which may be appropriated by the state for 
the support of common schools, shall be applied to, and 
expended in, no other schools than those which are con- 
ducted according to law, under the order and superintend- 
ence of the authorities of the town or city in which the 
money is to be expended; and such moneys shall never 
be appropriated to any religious sect for the maintenance, 
exclusively, of its own school. 

Art. XIX. The legislature shall prescribe, by general 
laAv, 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 b}^ the people of the several districts, for 
such term of ofBce as the legislature shall prescribe. 

Art. XX. No person shall have the right to vote, or 
be eligible to office under the constitution of this common- 
wealth, who shall not be able to read the constitution in 
the English language, and write his name : provided^ how- 
ever^ that the provisions of this amendment shall not apply 
to any person prevented by a physical disabilitj^ 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. 

Art. XXI. A census of the legal voters of each city 
and town, on the first day of May, shall be taken and 
returned 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 city. The 
enumeration aforesaid sliall determine the apportionment 
of representatives for the periods between the taking of 
the census. 

The house of representatives shall consist of two hun- 
dred and forty members, which shall be apportioned by 
the legislature, at its first session after the return of each 
enumeration as aforesaid, to the several counties of the 
commonwealth, equally, as nearly as may be, according 
to their relative numbers of legal voters, as ascertained 



rian schools. 

For original 

provision as to 

schools, soc 

conslitution, 

Part First, Art. 

111. 

12 Allen, 500, 

5U8. 

103 Mass. 94, 90, 



Legislature to 
prescribe for 
the election of 
sherifls, regis- 
ters of probate, 
etc., by the 
people. 
8 Gray, 1. 
13 Gray, 74. 
110 Mass. 172, 
173. 

117 Mass. 602, 
603. 

121 Mass. 65. 
Reading consti- 
tution in English 
and writing, 
necessary quail- 
lications of 
voters. 
Proviso. 

For other qualU 
fications, see 
amendments, 
Art. in. 
See also araend- 
nicnts. Art. 
XXIII., which 
was annulled by 
amendments. 
Art. XXVI. 

Census of legal 
voters and of 
inhabitants, 
when taken, etc. 
See P. S. c. 31. 



House of repre- 
sentatives to 
consist of 240 
members. 
Legislature to 
apportion, etc. 
10 Gray, 613. 



44 



CONSTITUTION OF THE 



Secretary shall 
certify to oflicers 
authorized to 
divide counties. 



Meeting for 
division to be 
first Tuesday 
in Aujjust. 
Proceedings. 



Qualifications of 
representatives. 
122 Mags. 505, 
598. 



Districts to be 
numbered, 
described and 
certified. 



One hundred 
mom burs a 
(quorum. 



by the next preceding special enumeration ; and the town 
of Cohasset, in the county of Norfolk, shall, for this pur- 
pose, 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 couuty 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 
commissioners 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 representatives to each county, assemble at 
a shire town of their respective counties, and proceed, as 
soon as may be, to divide the same into representative 
districts of contiguous territory, so as to apportion the 
representation assigned to eacli 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 tln-ee representatives. 
Every representative, for one year at least next preceding 
his election, shall have been an iniiabitant of the district 
for which he is chosen, and shall cease to represent such 
district when he shall cease to be an inhabitant of the 
commonwealth. The districts in each county shall be 
numbered by the board creating the same, and a descrip- 
tion of each, with the numbers thereof and the number of 
legal voters therein, shall be returned by the board, to the 
secretary of the commonwealth, the C(ninty treasurer of 
each county, and to the clerk of every town in each dis- 
trict, to be filed and kept in their respective offices. The 
manner of calling and conducting the meetings for the 
choice of representatives, and of ascertaining their elec- 
tion, shall be prescribed by law. Not less than one 
hundred members of the house of representatives shall 
constitute a quorum fordoing busini^ss : but a less num- 
ber may organize temporarily, adjourn from day to day, 
and compel the attendance of absent members. 



COMMONWEALTH OF MASSACHUSETTS. 



45 



Census, etc. 
See P. S. c. 31. 



Art. XXII. A census of the legal voters of each city 
and town, on the first day of May, shall be taken and 
returned 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 enu- 
meration shall be made of the legal voters, and in each 
city said enumeration shall specify the number of such 
legal voters aforesaid, residing in each ward of such city. 
The enumeration aforesaid sliall determine the apportion- 
ment 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 pre- 
ceding special enumeration, divide the commonwealth into 
forty districts of adjacent territory, each district to contain, 
as nearly as may be, an equal number of legal voters, ac- 
cording to the enumeration aforesaid : provided, however, 
that no town or ward of a city shall be divided therefor ; 
and such districts shall be formed, as nearly as may be, 
without 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 com- 
monwealth five years at least immediately preceding his 
election, and at the time of his election shall be an inhab- 
itant of the district for which he is chosen ; and he shall 
cease to represent such senatorial district when he shall 
cease to be an inhabitant of the commonwealth. Not less 
than sixteen senators shall constitute a quorum for doing 
business ; but a less number may organize temporarily, 
adjourn from day to day, and compel the attendance of 
absent members. 

Art. XXIII. [No person of foreign birth shall be en- Residence of 
titled to vote, or shall be eligible to office, unless he shall quh-JcToTnatu- 
have resided within the jurisdiction of the United States [o 'cmftie'tif suf- 
for two years subsequent to his naturalization, and shall frage or raaUt- 
be otherwise qualified, according to the constitution and Thuanicie '°''' 
laws of this commonwealth; provided, that this amend- AnI'xsvi. 
ment shall not affect the rights which any person of foreign 
birth possessed at the time of the adoption thereof; and, 
provided, further, that it shall not affect the rights of any 
child of a citizen of the United States, born during the 
temporary absence of the parent therefrom.] 

Art. XXIV. Any vacancy in the senate shall be filled vacancies in the 



Voters to be 
basis of appor- 
tionment of 
senators. 



Senate to consist 
of forty mem- 
bers. 

Senatorial 
districts, etc. 



See amend- 
ments, Art. 
XXIV. 



Qualifications 
of senators. 



Sixteen mem- 
bers a quorum. 



46 



CONSTITUTION OF THE 



Vacancies in the 
council. 



Twenty-third 
article of amond- 
meuts annulled. 



by election by the people of the unrepresented district, 
upon the order of a majority of the 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, b}- 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 tlie constitution 
and laws of this commonwealth: provided^ that this amend- 
ment siiall not affect the rights which any person of foreign 
birth possessed at the time of the adoption thereof; and 
provided^ further^ that it shall not affect the rights of any 
child of a citizen of the United States, born during the 
temporary absence of the parent therefrom," is hereby 
wholly annulled. 

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

Persons having Art. XXVIII. No pcrson having served in the army 
u.'s!anny or or uavy of tlic United States in time of war, and having 
toTe'dUquaii- bccu lionorably discharged from such service, if otherwise 
lied from voting, qualified to votc, shall be disqualified therefor on account 
of being a pauper; or, if a pauper, because of the non- 
payment of a poll-tax. 



Officers of 
Harvaril Oolleze 
may bo elected 
mennbers of 
general court. 



COMMONWEALTH OF MASSACHUSETTS. 47 

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 day of March, 1780, when the convention adjourned to meet 
on the first Wednesday of the ensuing June. In the mean time the 
constitution was submitted to the people, to be adopted by them, 
provided two-thirds of the votes given should be in the affirmative. 
When the convention assembled, it was found that the constitution 
had been adopted by the requisite number of votes, and the conven- 
tion accordingly Resolved, " That the said Constitution or Frame of 
Government shall take place on the last Wednesday of October next; 
and not before, for any purpose, save only for that of making elections, 
agreeable to this resolution." The first legislature assembled at Bos- 
ton, on the twenty-fifth day of October, 1780. 

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

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

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

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

The thirteenth Article was adopted by the legislatures of the polit- 
ical years 1839 and 1840, respectively, and was approved and ratified 
by the people the sixth day of April, 1840, and was repealed by the 
twenty-sixth Amendment. 

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

The twentieth, twenty-first, and twenty-second Articles were 
adopted by the legislatures of the political years 1856 and 1857, 
respectively, and ratified by the people on the first day of May, 1857. 

The twenty-third Article was adopted by the legislatures of the 
political years 1858 and 1859, respectively, and ratified by the people 
on the ninth day of May, 1859. 



48 CONSTITUTION OF MASSACHUSETTS. 

The twenty-fourth and twenty-fifth Articles were adopted by the 
legislatures of the political years 1859 and 1860, and ratified by the 
people on the seventh day of May, 18G0. 

The twenty-sixth Article was adopted by the legislatures of the 
political years 18G2 and 1863, and ratified by the people on the sixth 
day of April, 1863. 

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

The twenty-eighth Article was adopted by the legislatures of the 
political years 1880 and 1881, and was approved and ratified by the 
people on the eighth day of November, 1881. 



INDEX TO THE CONSTITUTION. 



A. 

A-dilress of both houses of tlie 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, 
Agriculture, arts, commerce, etc., to be encouraged. 

Alimony, divorce, etc., 

Amendment to the constitution, proposed in the general court 
agreed to by a majority of senators and two-thirds of house 
present and voting thereon by yeas and nays ; entered 
upon the journals of both houses, and referred to the next 
general court : if the next general court agrees to the 
proposition iu 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 

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, 16, 38 

to the several coimties, made on the basis of legal voters, 
Annies, 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 attcndin 

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 (n 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, 

49 



Pago 

25 

21 

21 

oO, o5 

28 
26 



35, 86 

40,41 

41 

39,45 



45 

39, 43 

43 

7 
7 



17 

7 

7 

20,42 

42 
42 



42 



50 INDEX TO THE CONSTITUTION. 

A-ttonicy-Gcncral, vacancy occurring during session of the legislature, 

fjlloil I)y j.)iiit liiillot of logi.-laturc from the people at large, 42 

vacancy occurring during recess of legislature, lilled by gov- 
ernor by appointment, with consent of council, ... 42 

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

preceding election or appointment, 42 

office to be deemed vacant if persou elected or appointed fails 

to be qualifled wilbiu ten days, 42 

Attorneys, district, elected by the people of the several districts, . 43 
Auditor, to be chosen by the people annually in November, . . 42 

to hold ofiice for one year from thiid "Wednesday in January 

next thereafter, and until another is chosen and qualified, 42 

election determined by legislature, 42 

vacancy filled in same manner as in office of attorney-general, . 42 

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

preceding election, 42 

office to be deemed vacant if person elected or appointed fails 

to be qualified within ten days, 42 

B. 

Bail or sureties, excessive, not to be required, 9 

Bills, money, to originate in the house of representatives, ... 17 

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 exnires, 10, 33 

Boards, public, to make quarterly reports to the governor, ... 22 

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, etc., . . 31 

a 

Census of ratable polls, 37 

of inhabitants, • . 39, 43, 45 

of inhabitants and legal voters taken in the year 1S05, and every 

tenth year thereafter, 43,45 

enumeration of voters to determmc the apportionment of rep- 
resentatives, 43 

Cities, may be chartered by the general court, if containing twelve 
thousand inhabitants and consented to by a majority there- 
of 33 



INDEX TO THE CONSTITUTION. 51 

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

next after the (irstiroiiday in NovcJiibcr, .... 40 
whose eleclimi is provided for by the constitution to be elected 

by a plurality of votes, 40 

Clerks of court;;, elected by the people of the several counties, . . 43 
Clerks of towns, to make records and returns of elections, ... 13 
Colonial laws, not repugnant to the constitution, continued in force, 31 

Comniander-iu-chiuf. governor to be, 19 

Coiniuerce, agiicu'.tiire and the arts, to be encouraged, ... 28 
Commissary-general, appointed and commissioned as fixed by law, 25, 34 
CtJtnmissiun oflicers, tentn-e of olKce to be expressed in commissions, 25 
Commissioners of insolvency, elected by the people of the several 

counties, 43 

Commissions, to be in the name of the commonwealth, signed by 
govei-nor, attested by the secretary, and have the great seal 

affixed, 31 

Congress, delegates to, 20 

members of, may not hold certain state offices, .... 35 
Constitution, amemlment 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 gcnei-al 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 llieni by a 
majority vote, becomes a part of the constitution, . . 35, 30 

Constitution, provisions for revising, 32, 35 

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

printed in all editions of the laws, 33 

Coroners, 20 

Corruption or bribeiy used in procuring any appointment or election, 

to disqualify from holding any office of trust, etc., . . 31 

Council, five members to constitute a quorum, 24 

eight councillors to be elected annually, 24, 41 

election to be determined by rule retjuired in that of governor, 41 
to take oath of office before the president of the senate in pres- 
ence of both houses of assembl}', ...... 30 

to rank next after the lieutenant-governor, .... 24 

resolutions and advice to be recorded in a register, and signed 

by the members present, ....... 24 

register of council may be called for by either house, ... 24 
to exeicise the power of governor when office of governor and 

lieutenant governor is vacant, 24 

no properly <iualineali()n retjuired, 40 

eight districts to be formed, each composed of five contiguous 

senatorial districts, ........ 41 

eligible to election if an inhabitant of state for five years pre- 
ceding election, 41 

term of office, 30 



52 INDEX TO THE CONSTITUTION. 

Page 
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, 46 

Court, superior, judges not to hold certain other offices, ... 35 
Court, supreme judicial, judges to have honorable salaries fixed by 

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

judges not to hold certain other offices, 35 

to give opinions upon important questions of law, etc., 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, . . 43 

Courts, probate, provisions for holding, , . 26 

registers elected by the people of the several counties, . . 43 

Courts and judicatories may be established by the general court, . 10, 11 

may administer oaths or affirmations, 11 

Crimes and offences, prosecutions for, regulated, 6, 7 

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

D. 

Debate, freedom of, in the legislature, 8 

Declaration of the rights of the inhabitants, 4 

Declaration and oaths of officers ; tests abolished, , . . .29, 34, 35 

Delegates to congress, 26 

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

District attorneys, elected by the people of the several districts, . . 43 
Districts, councillor, eight, each to be composed of five contiguous 

senatorial districts, 41 

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

as near as may be an equal number of voters, ... 45 
Districts, representative, to be established by commissioners in the 

several counties, 30, 44 

Divorce, alimony, etc., 26 

E. 

Educational interests to be cherished, 28 

Elections ought to be free, 6 

Elections, by the people, of civil officers provided for by the constitu- 
tion, to be by plurality of votes, 40 

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

Tuesday next after the first Monday in November, . . 40 
in case of failure to elect representative, meeting to be held on 

fourth Monday of November, 41 

Election returns, 13, 41 

Enacting style of laws, established, 32 

Equality and natural rights of all men, 4 



INDEX TO THE CONSTITUTION. 53 

I'ago 

Estates, valuation to be taken anew once at least every ten years, . 12 
Executive department, not to exercise legislative or judicial powers, . 9 

£■.0 po«i::/acio laws, declared unjust and oppressive, .... 8 

F. 

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

Fines, excessive, not to be imposed, 9 

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, . . . . . . .40 

Fundamental principles of the constitution, a frequent recurrence to, 

recommended, 8 

G. 

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

for making laws, 8 

freedom of speech and debate in, 8 

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

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

each having a negative on the other, 10 

to assemble every year on the first Wednesday of January, at 
such other times as they shall judge nccessaiy, and when- 
ever called by the governor with the advice of council, 10, IS, oQ 
may constitute and erect judicatories and courts, . . .10, 11 
may make wholesome and reasonable laws and ordinances not 

repugnant to the constitution, 11 

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

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

of January, 19, .>/i 

travelling expenses of members, 16 

may be adjourned or prorogued, upon its request, by the gov- 
ernor with advice of council, 19 

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, 19 

judicial ofiicers may be removed upon address of, . . . 25 
person convicted of bribery not to hold seat in, . . . . 31 
may Increase property qualifications of persons to be elected to 

office, 31 

certain ofiicers not to have seats in, 30 

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

houses disagree, etc., . . . . . . . . 19 



64 INDEX TO THE CONSTITUTION. 

Pasre 
General coiirt, to elect major-generals by concurrent Tote, ... 21 

empowered to charter cities, 33 

to determine election of governor, lieutenant-governor and 

councillors, . 41, 42 

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, . 43 

Government, objects of, 3, 5, 6 

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

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

Ilis Excellency; elected annually, 18 

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

seven years, and have freehold of £1,000 value, . . .IS, 35 

term of ofuee, "5 

should have an honorable stated salary, 22 

the commander-in-chief of the anny and navj', but may not 

oblige them to go out of tnc liuiits of the state, ... 19 

to appoint the adjutant-general, 21 

may call together the councillors at any time 19 

not to hold certain other ofiices 30 

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

of the two houses of assembly, 30 

to sign all commissions, 31 

election determined by the legislature, 41, 42 

veto power, 10 

vacancy in office of, powers to bo exercised by the lieutenant- 
governor, . 23 

vacancy in office of governor and lieutenant-governor, powers 

to be exercised by tlic council, 24 

Governor, with advice of council, may adjourn or prorogue the Icgis- 

latiue upon reque^^t, and convene the same, .... 19 
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, 19 

to appoint all judicial officers, notaries public and coroners; 
nominations to be made at least seven days before appoint- 
ment, 20,21,34 

to appoint oITicers of the continental army, 21 

may pardon offonces, but not before cotiviction, . . . . i:i» 
may lili vacancy in council occurring when legislature is not in 

session, 40 

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

tlie address of both houses of the legislature, ... 25 
Governor and conucil, to examine election returns, .... 14, 41 
may puiiiah jiersons guilty of disrespect, etc., by imprisonment 

not exceeding thirty days, 17 



32 



INDEX TO THE CONSTITUTION. 55 

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

membei-s of the council, 19 

may require the attendance of the secretary of the common- 

wcalth in person or by deputy, 25 



n. 

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

most urgent occasions, 

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

confirmed, 26, 27 

board of overseers established, but the government of the 

college may be altered by legislature, 27, 23 

oQccrs may be elected members of the general court, . . 40 
Ilcreditary ofilces and privileges, absurd and unnatural, ... 5 

House of Representatives, members may be instructed by the pe^p!'^, 8 
a representation of the people annually elected and lounicd 

upon the principle of equality, 15 

may impose fines upon towns not choosing members, . . 10 

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

the government, .16 

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

large upon records, 10 

qualifications of members, 16, 40, 44 

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, 44 

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

return from, or attending the general assembly, . 
the grand inquest of the cominonwcallh, .... 
to originate all money bills, but the senate may propose or con- 
cur with amcn<l.ments, 

not to adjourn more llian two days at a time, 
one hundred members constitute a quorum, 
to choose ofiicers, establish its rules, etc., .... 
may punish by imprisonment, not exceeding thirty days, per- 
sons guilty of disrespect, etc.; trial may be by committee, 

privileges of members, 

may require the attendance of secretary of the commonwealth 

in person or by deputy 25 

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

25 
occasions, 

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

first Monday of November, 40 

In case cf failure to elect, meeting to be held on the fourth 

Monday of November, 41 



17 
17 

17 
17 

17,44 
17 

17 
17 



66 INDEX TO THE CONSTITUTION. 

Pagre 
House of Kcpresentatives, to consist of two Imiulred and forty mem- 
bers, apportioned to tlie several counties equally, according 

to relative numbers of legal voters, 43 

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

be divided, 44 

no district entitled to elect more than three representatives, . 44 
board authorized to divide county into districts, to be certified 
to by the secretary, the number of representatives to which 
the county is entitled, 44 



I. 

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

indictment, 15 

Incompatible offices, 30, 35 

'* Inhabitant," the word defined, 13 

Inhabitants, census to be taken in 1SG5, and every tenth year there- 
after, oT. ;19, 43, 45 

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

counties, 43 

Instniction of representatives, 8 



J. 

Judges of courts may not hold certain other offices, . . . . 30, 35 
Judges of the supreme judicial court, to hold office during good 
behavior, and to have honorable salaries, established by 

standing laws, S). 22, 25 

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

legislature, » . 25 

not to hold certain other offices, 30 

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

may administer oaths or affirmations, 11 

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, . 21 
to hold office during good behavior, except when otherwise pro- 
vided by the constitution 25 

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

of both houses of the legislature, 25 

Jury, trial by, right secured, 7 

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

of appointment, but may be renewed, 20 



INDEX TO THE CONSTITUTION. 67 

L. 

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

the legislature, 9 

Laws, every person to have remedy in, for injury to person or prop- 
erty, 6 

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, 31 

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, 23, 36, 40, 41 

in the absence of governor, to be president of the council, . 23 
to be acting governor when the chair of the governor is vacant, 23 
to take oath of office before president of the senate in iiresence 

of both houses, 30 

not to hold certain other offices, . . , ... . .30 

term of office, 36 

Tilterature and the sciences to be encouraged, ..... 28 

M. 

Magistrates and officers, accountable to the people, .... 5 
Magistrates and courts, not to demand excessive bail, impose exces- 
sive fines, or inflict cruel punisliments, ..... 9 
Major-generals, elected by senate and house of representatives by 

concurrent vote, 21 

may appoint their aids, 21 

Marriage, divorce and alimony, 26 

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

legislature, 9 

Military power, subordinate to civil authority, 8 

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

limits of the state, 20 

captains and subalterns, elected by the train-bands, . . .21, 34 

all members of companies may vote, including minors, . . 34 

field officers, elected by captains and subalterns, ... 21 

brigadiers, elected by field officers, 21 

major-generals, elected by senate and house of representatives 

by concurrent vote, 21 

mode of election of officers to be fixed by standing laws, . . 21 



58 INDEX TO THE CONSTITUTION. 

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

appoint oliicers, 21 

ofiicers commissioned to command may be removed as may be 

prescribed by law, 21, 34 

21 
21 
22 



appointment of stall-ofiicers, 

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

shillings and eight pence per ounce, .... 
Money bills, to originate i]i house of representatives, . 
Moneys, raised or appropriated for public or common schools, not to 

be applied for support of sectarian schools, . 
Moral obli;j'ations of lawgivers and magistrates, .... 
Moral qualifications for office, 



31 

n 



42 



N. 

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



o. 

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

how and by whom taken and subsciibed, . . .28, 29, 30, 34 

forms of, 29, 30, 34, o') 

Quakers may affirm, 30, 35 

to be taken by all civil and military officers, .... 34 

Objects of government, 3, 5 

Offences and crimes, prosecutions for, regulated, 0, 7 

Office of trust, person convicted of bribery, etc., not to hold, . . 31 

Office, rotation in, right secured, 

all persons having the prescribed qualifications equally eligible 

to, C 

no person eligible to, iniless they can read and write, . . 43 
Offices, plurality of, prohibited to governor, lieutenant-governor and 

judges, 30, 35 

incompatible, 30, 31, 3;) 

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

Officers, commission, teiuire of office to be expressed in commissions, 25 

Officers, judicial, to hold office during good beh.avior, except, etc., . 25 

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

address of both houses of Ibc legislature, .... 25 

Officers of former government, continued, 32 

Officers of the militia, election and appointment of, .... 21 

removal of, 21, 34 

Officers and magistrates, accountable to the people, .... 5 

Organization of the militia, 21 



INDEX TO THE CONSTITUTION. 59 

P. 

Page 

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

not before conviction, 20 

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

and independent state, G 

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 Icgislatvire, . 8 

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

Petition, right of, 8 

Plantations, unincorporated, tax-paying inhabitants may vote for 

councillors and senators, 13 

Plurality of offices, 30 

Plurality of votes, election of civil officers by, 40 

Political year, begins on the first Wednesday of January, . . . 3G 

Polls, ratable, census of, 38 

Preamble to constitution, 3 

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

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

Probate courts, provisions for holding, 2G 

registers, elected by the people of the several counties, . . 20, 43 

judges may not hold certain other offices, 35 

Property qualification, may be increased by the legislature, . . 31 

partially abolished, 40 

Prosecutions for crimes and offences regulated, G 

Provincial laws, not repugnant to the constitution, conticjicd in force, ol 
Public boards and certain ofiiccrs to malce quarterly reports to the gov- 
ernor, 22 

Public officers, right of people to secure rotation, G 

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

Public religious worship, right and duty of, 4 

Punishments, cruel and unusual, not to be inflicted, .... 9 

Q. 

Quakers, may make affirmation, • . . . 30, 35 

Qualification, property, of governor and lieutenant-governor, . . 18, 23 
of persons to be elected to office may be increased by the legis- 
lature, 31 

Qualification, property, partially abolished, 40 

Qualifications of a voter 13, 16, 33, 42, 45, 4G 

of govei'uor, 18, 42 

of lieutenant-governor, . . ■ 23, 42 

of councillors, 40, 41 

of senators, . . 15, 39, 4^) 

of representatives, 10, 40, 4i 

of secretary, treasurer, auditor, and attorney- general, . . 42 



CO INDEX TO THE CONSTITUTION. 

Page 

^Qualifications, moral, of oflScers and magistrates, .... 8 
Quartermasters, api)ointed by commanding officers of regiments, . 21 
Quorum of council, to consist of five members, . . . .10, 24, 41 
Quorum of senate, to consist of sixteen members, .... 15, 45 
Quorum of Louse of representatives, to consist of one hundred mem- 
bers, 17, 44 



K. 

Ratable polls, census of, 37 

Reading and writing, knowledge of, necessary qualifications for vot- 
ing or holding office, 43 

Records of the commonwealth to be kept in the office of the secretary, 25 
Register of the council, resolutions and advice to be recorded in, and 

signed by members present, 24 

•Registers of probate, chosen by the people of the several counties, 20, 43 
Religious denominations, equal protection secured to all, . . .5, 37 
Religious sect or denomination, no subordination of one to another to 

be established by law, 5, 37 

Religious societies, may elect their own pastors or religious teachers, . 5, 37 

membership of, defined, 37 

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, 37 

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, IS, 41, 42 

Revision of constitution provided for in the year 1795, .... 32 
Rights, declaration of, 4 



s. 

Sailors and soldiers, who have served, etc., during time of war, not 

disqnalified from voting on account of being paupers, . 4G 
Salary, a stated and honorable salary to be established for liie gov- 
ernor, 22 

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 bo appropriated for sectarian schools, . . 42 
Seal, great, of the commonwoalth to bo afiixed to all commissions, . 31 

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

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

in November, 25, 42 

to hold office for one year from third Wednesday in January 

next thereafter, and until another is chosen and qualilitHl, . 42 
manner of election, etc., same as governor, 42 



INDEX TO THE CONSTITUTION. 61 

Secretary of thf^ commonwealth, 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, ... 42 

vacancy occurring during session of the legislature, filled by 

joint ballot of the legislature from the people at large, . 42 
vacancy occurring when legislature is not in session, to be filled 
by governor, by appointment, with advice and consent of 

council, 34, 42 

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

preceding election or appointment, 42 

office to be deemed vacant if person elected or appointed fails 

to be qualified within ten days, 42 

reco'^ds of commonwealth to be kept in ofiice of, . ... 25 
may appoint deputies, for whose conduct he shall be accountable, 25 
to attend governor and council, senate and house, in person or 

by deputies, as they shall require, 25 

to attest all commissions, 31 

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

number of representatives to which the county is entitled, 44 
Sectarian schools, not to be maintained at public expense, ... 42 
Selectmen, to preside at town meetings, elections, etc., ... 13 

Self-government, right of, asserted, 5 

Senate, the first branch of the legislature, 10, 13 

to consist of forty members, apportionment, etc., . . 12, 39, 45 

to be chosen annually, 13 

governor and at least five councillors, to examine and count 

votes, and issue summonses to members, .... 14 
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, . . . . U, 45, 46 

qualifications of a senator, 15, 40 

not 10 adjourn more than two days at a time, .... 15 

to choose its officers and establish rules, 15 

shall try all impeachments, 15, 17 

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, 25 

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, . 45 

apportionment based upon legal voters, 45 

Sheriffs, elected by the people of the several counties, . . . . 20, 43 



62 INDEX TO THE CONSTITUTION. 

rage 

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

in silver at six sliillings and eight pence per ounce, . . 31 

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

consent of owner, 9 

Soldiers and sailors, who have sen'ed in time of war, etc., not dis- 

quali lied from voting on account of being i^aupers, . . 40 

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 

Supremo judicial court, judges to have honorable salaries fixed by 

standing laws, and to hold office during good behavior, . 0, 22 
to give opinions upon important questions of law, etc., when 
required by either branch of the legislature or by the gov- 
ernor and council, 25 

not to hold certain other offices, 30, 35 

Sureties or bail, excessive, not to be required, . . . • . 

T. 

Taxation should be founded on consent, 6, 8 

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

representatives, 8 

may be imposed by the legislature, 11 

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

years, 1? 

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

shall bo expressed intheir commissions, .... 25 

Tests abolished, .35 

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

Title of governor to be, — Ilis Excellency, 18 

Title of lieutenant-governor to be, — His Honor, 23 

Town cleric, to make record and rctiu-n of elections, .... 13 

Town meetings, selectmen to preside at, 13 

Town representation in the legislature, 10, 38, 39 

Travelling expenses of members, to general assembly and returning 

home, once in every session, to be paid by the government, 10 
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, 25, 42 

to hold office for one year from third "Wednesday in January 

next thereafter and until another is chosen and qualilied, . 42 

manner of election, etc., same as governor, .... 42 
not eligible, indess an inhabitant of the state for five years next 

j)reccding election or .appointment, 42 

no man eligible more than five years succesiively, ... 25 



INDEX TO THE CONSTITUTION. 63 

Tftgo 

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

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

joint ballot of legislature from llie two persons having the 

highest number of votes at November election, ... 42 

vacancy occurring during session of the legislature, fil'cd by 

joint ballot of the legislature from the people at large, . 42 
vacancy occurring -when legislature is not in session, to be filled 
by governor, by appointment, with advice and consent of 

the council, 34, 42 

ofDce to be deemed vacant if person elected or appointed fails 

to be qualified wilhin ten days, 42 

Treasury, no moneys to be issued from, but upon the warrant of gov- 
ernor, except, etc., 22 

Trial by jury, right to, secured, . C, 7 

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



u. 

CTniversity ai, Cambridge, 26, 27, 28, 46 



V. 

Vacancy in ofBce of governor, powers to be exercised by lieutenant- 
governor, 23 

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

exercised by the council, .24 

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, 40, 40 

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

order of a majority of senators elected, . . . . 14, 45 

V^acancy iji oflice of secretary, treasurer, auditor and attornej'-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, . 42 

occurring during session of legislature, filled by joint ballot of 

legislature from people at large, 42 

occurring when legislature is not in session, to be filled by gov- 
ernor, by appointment, with advice of council, . . .34, 42 

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

neglect or refuse to make election, 21 

Valuation of estates, to be taken anew once in eveiy ten 5'ears at least, 12 

Veto power of the governor, 10 

Voters, qualifications of, at elections for governor, lieutenant-gover- 
nor, senators and representatives, . . . 13. 10. 33, 43, 45, 46 

Voters, not disqualified on account of being paupers if they have 

served in the army or navy in time of war, etc., ... 46 



64 INDEX TO THE CONSTITUTION. 

Pnge 
Voters, male citizens, twenty-one years of age, who have resided in the 
state one year, and within the town or district six months, 
who have paid a state or county tax withhi two years next 
preceding the election of state officers, and sucli as are ex- 
empted by law from taxation, but in other respects quali- 
fied, and who can write tlieir names and read the constitu- 
tion in the English language, 16, 33, 43 

the basis upon wliich the apportionment of representatives to 

the several counties is made, 43 

basis of apportionment of senators, 45 

census of voters to bo taken in 1865, and every tenth year 

after, 43, 41, 45 

Yotes, returns of, 13, 18, 41, 42 

Votes, plurality of, to elect civil officers, 40 



w. 

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

Writ of habeas corpus, to be enjoyed in the most free, easy, cheap 
and expeditious manner, and not to be suspended bj legisla- 
ture, except for a limited time, 32 

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, 31 

Writing and reading, necessary qualifications for voting, or holding 

office, 43 



Y. 

Tear, political, begins on the first Wednesday of January, ... 86 



ACTS AND RESOLVES 



MASSACHUSETTS. 



188 2. 



^=' The General Court of 1882 assembled on Wednesday, the 
fourth day of January. The oaths of office required by the Constitu- 
tion to be administered to the Governor and Lieutenant-Governor elect 
were taken and subscribed by his Excellency John D. Long and his 
Honor Byron Weston, on Thursday, the fifth day of January, in 
the presence of the two Houses assembled in convention. 



ACTS AND RESOLVES. 



An Act making appropriations for the maintenance of the Chap. 1 

GOVERNMENT FOR THE PRESENT YEAR. 

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

Section 1. The sums hereinafter mentioned are ap- Appropriations. 
propriated, to be paid out of the treasury of the Com- 
monwealth, from the ordinary revenue, for the purposes 
specified, to meet expenses for the year ending on the 
thirty-first day of December, in the year one thousand 
eight hundred and eighty-two, 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 re'presentatives, 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 four hundred dollars. 

For the salary of the watchman at the state house, eight 
hundred dollars. 

For the salaries of the four messengers to the sergeant- 
at-arms, known as "sergeant-at-arms' messengers," eleven 
hundred dollars each. 

For the salaries of the fireman at the state house, and 
fireman and janitor at number thirty-three Pemberton 
square, nine 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. 



Watchman. 



Messengers. 



Firemen and 
janitor. 



Assistant fire- 
man. 



1882. — Chapter 1. 



Lieutenant- 
governor and 
council. 



Private sec- 
retary. 



Executive clerlj. 



Messenger. 



EXECUTIVE DEPARTMENT. 

For the compensation of the lieutenant-governor, t\^o 
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 executive clerk of the governor 
and council, one thousand two hundred dollars. 

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



Secretary. 
First clerk. 
Secand cleric. 
Third clerk. 



Messenger and 
clerks. 



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 clerk in the secretary's de- 
partment, one thousand two hundred dollars. 

For a messenger, and such additional clerical assistance 
as the secretary may find necessary, ten thousand dollars. 



TREASURER S DEPARTMENT. 

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

thousand dollars. 

First clerk. For the Salary of the first clerk in the treasurer's de- 

partment, two thousand three hundred dollars. 

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

Cashier. FoT the Salary of the cashier in the treasurer's depart- 

ment, one thousand eight hundred dollars. 

Extra clerks. For the Salaries of the two extra clerks in the treas- 

urer's department, one thousand two hundred dollars each ; 
and for such additional clerical assistance as the treasurer 
may need, a sum not exceeding three hundred dollars. 



Deputy tax 
coinralssloner. 



First clerk. 



TAX COMMISSIONER S BUREAU. 

For the salary of the deputy tax commissioner, two 
thousand seven hundred and fifty dollars. 

For the salary of the first clerk of tlie tax t'omniissioner, 
one thousand ei<jht hundred dollars. 



1882. — Chapter 1. 5 

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

• For such additional clerical assistance as the tax com- Additional 
missionerand commissioner of corporations may find neces- ''^"■''*- 
sary, a sum not exceeding twelve thousand dollars. 

auditor's department. 

For the salary of the auditor of accounts, two thousand Auditor of 
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 Extra clerks. 
department, one thousand two hundred dollars each ; and 
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. blnkl!"^^ 

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 com- 
thousand dollars. missioncr. 

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 com- second cierk. 
missioner, one thousand five hundred dollars. 

For the salary of one extra clerk of the insurance Extra cierk. 
commissioner, one thousand dollars. 

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

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



1882. — Chapter 1. 



Secretary of 
coinmissioners 
of prisons. 

Clerk. 



Railroad com- 
missioners. 



Clerk. 



Accountant. 



Assayer and 
inspector of 
liquors. 

Bureau of sta- 
tistics of labor. 

First clerk. 



Additional 
clerks. 



Commissioners 
on state aid. 



Inland fisheries. 



Harbor and land 
commissioners. 

Engineer, etc. 



Expenses. 



Rent and inci- 
dental expenses. 



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

For the salary of the clerk of the commissioners of pris- 
ons, 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 com- 
missioners, two thousand dollars. 

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

For the salar}' of the chief of the bureau of statistics of 
labor, two thousand five hundred dollars. 

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

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

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

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

For salaries of the harbor and land commissioners, five 
thousand five hundred dollars. 

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

For travelling and other necessary expenses of the har- 
bor and land commissioners, a sum not exceeding one 
thousand dollars. 

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



Secretary. 
Clerk. 



Additional 
clerks and 
lectures. 



AGRICULTURAL DEPARTMENT. 

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

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

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



1882. — Chapter 1. 



EDUCATIONAL DEPARTMENT. 

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

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

For such additional clerical assistance in the state library Additional cieri- 

, „ , . T ,1 cal assistance. 

as may be found necessary, a sum not exceeding one thou- 
sand eight hundred dollars. 



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 in the adjutant-gen- 
eral's department, 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-gen- 
eral'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 sum not exceeding three 
thousand dollars. 

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

SURGEON-GEN ERAL's DEPARTMENT. 

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

MISCELLANEOUS. 

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

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

Approved January 19^ 1882. 



Adjutant-gen- 
eral. 



First clerk. 
Second clerk. 



Additional 
clerk. 



Extra clerks. 



Messenger. 



Additional 
clerks. 



Employes at 
arsenal. 



8 



1882. —Chapters 2, 3. 



Chap. "2 



Appropriations. 



Senators, coiii- 
pensation. 

Representa- 
tives, compen- 
sation. 

Senators, 
mileage. 

Representa- 
tives, mileage. 

Preacher of 
election sermon. 
I 

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 membkrs of the legislature, for the 
compensation of officers thereof, and for other pur- 
poses. 
Be it enacted, etc., as follows: 

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

For compensation of senators, twenty thousand five 
hundred dollars. 

For compensation of representatives, 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 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 present 
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 19, 1SS2. 



Chap. 3 An Act to change the name of the gold medal sewing 

MACHINE COMPANY. 

Be it enacted, etc., as follmvs: 
Name changed. SECTION 1. The Gold Medal Sewing Machine Com- 
pany, a corporation established in Orange, under the 
general laws, shall be known as the New Home Sewing 
Machine Company. 

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

Approved January 23, 1SS2. 



1882. — Chapter 4. 9 

An Act in addition to "an act making appropriations Chtip. 4 

FOR THE maintenance OF THE GOVERNMENT DURING THE 
PRESENT TEAR." 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropriation*, 
priated, to be paid out of the treasury of the Common- 
wealth, from the ordinar}^ revenue, for the purposes speci- 
fied, to meet expenses for the year ending December 
thirty-first, in the year one thousand eight hundred and 
eighty- two, to wit : — 

SUPREME JUDICIAL COURT. 

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

For the salary of the reporter of decisions of the supreme Reporter, 
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, chief justice. 
four thousand eight hundred dollars. 

For the salaries of the ten associate justices of the Associate 

superior court, forty-five thousand dollars. justices. 

COURTS OF PROBATE AND INSOLVENCY. 

For the salary of the judge of probate and insolvency Judge— 
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. 



10 



1882. — Chapter 4. 



Berkshire. 

Hampden. 
Hampshire. 

Franlilin. 

Barnstable. 

Nantucket. 

Dukes County. 

Register — 
ISuflblk. 

Middlesex. 
Worcester. 
Essex. 
Norfolk. 

Bristol. 

Plymouth. 

Ilanipdon. 

Berkshire. 

Hampi-hire. 



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

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

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

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

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

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

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

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

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

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

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

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

For the salary of the register of ])rol)ato and insolvency 
for the county of Franklin, one thousand four hundred 
dollars. 



1882. — Chapter 4. 



11 



Barnstable. 



Assistant 
register — 
Suffolk. 



Middlesex. 



Worcester. 



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 Nantucket. 
for the county of Nantucket, six hundred dollars. 

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

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

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

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

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

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

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

For extra clerical assistance to the courts of probate and 
insolvency in the several counties of the Commonwealth, 
a sum not exceeding seven thousand two hundred dollars. 

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



Norfolk. 



Clerk in Suffolk. 



Extra clerks. 



Expenses. 



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, two thousand four hundred dollars. 

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

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



District- 
attorney — 

Suffolk. 

First assistant. 



Second 
assistant. 

Clerk. 

District- 
attorney — 
Northern 
district. 
Eastern district. 



South-eastern 
district. 



12 



1882. — Chapter o. 



Southern 
district. 



Middle dislrift. 



Westeri) 
district. 



North-western 
district. 



For the salary of the district-attorney for the southern 
district, one thousand eight hundred dolhirs. 

For the salary of the district-attorney for the middle 
district, one thousand eight hundred dollars- 



strict, one thousand eight hundred dollars. 

For the salary of the district-attorney for the western 

strict, one thousand eight hundred dollars. 

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

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

Approved January 27 



1882. 



Chap. 5 An Act making 



Appropriations. 



Normal schools. 



Normal art 
school. 



Salaries of 
agents. 



Incidental 
expenses. 



Teachers' 
institutes. 



County teacli 
era' associii- 
tions. 



Pupils in 
normal schools. 



APPKOPUIATIONS POR CERTAIN EDUCATIONAL 
EXPENSES. 

Be it enacted., etc., as follows: 

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

For the support of normal schools, a sum not exceeding 
sixty thousand three hundred and twenty-five dollars, to 
be paid out of the moiety of the income of the school fund 
applicable to educational purposes. 

For the support of the state normal art school, the same 
to include rent, taxes, etc., a sum not exceeding seventeen 
thousand five hundred dollars, to be paid from the unap- 
propriated balance of the moiety of the income of the 
school fund applicable 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 five thousand four hun- 
dred dollars. 

For incidental expenses of the board of education and 
for the secretary 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 t)ut of the moiety of the 
income of the school fund applicable to educational pur- 
poses. 

For aid to pupils in state normal sciiools, a sum not ex- 
ceeding four thousand dollars, payable in semi-annual pay- 
ments, to be expended under the direction of the board of 
education. 



1882. — Chapter 6. 



18 



For travelling and other necessary expenses of the board Travelling 
of education, a sura not exceeding four hundred dollars. expenses. 

For the Massachusetts teachers' association, the sum of 
three hundred dollars, to be paid out of the moiety of the 
income of the school fund applicable to educational pur- 
poses, subject to the approval of the state board of educa- 
tion. 

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 state library 
expended under the direction of the trustees and librarian, 
a sum not exceedinsf eig^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 scliool fund, and of the agricultural fund, shall be 
expended in accordance with the provisions of the various 
acts relating thereto. 

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

Approved February 1, 1882. 



Teachers' 
associations. 



Scliool for the 
blind. 



Deaf and dumb. 



Income of cer- 
tain funds. 



An Act to correct certain errors in and to amend the Chap. 6 

PUBLIC statutes. 

Wliereas it appears that certain errors vi^ere made in the 
preparation of the Public Statutes for their final passage : 
Therefore 
Be it enacted^ etc. , as follows : 

Section 1. Section seven of chapter four of the Pub- Errors in Pub- 
lic Statutes is hereby amended, in the fifty-ninth line, by corrected?^ 
inserting after the words " bureau of statistics " the words 
" of labor." 

Section 2. Section sixty-three of chapter one hundred 
and seventy-eight of the Public Statutes is hereby amend- 
ed to read as follows : — 

" Section 63. The partition, when finally confirmed and 
established, shall be conclusive on all the heirs and devi- 
sees of the deceased, and all persons claiming under them ; 
and on all other persons interested in the premises who 
appeared and answered in the case, or assented in writing 
to the proposed partition, or upon whom notice of the 
petition was served personally or by publication as before 
provided, or who waived notice, or for whom an agent was 
appointed pursuant to the preceding section, and all per- 



u 



1882. — Chapters 7, 8, 9. 



Chap. 1 



City may estab- 
lish a hospital. 



Subject to 
acceptance. 



Chap. 8 



Narnc changed. 



Chap. 9 



Name changed. 



sons claiming under them ; but all other persons may 
pursue their legal remedies for recovering the premises, or 
any part thereof, and for obtaining partition of the same, 
in like manner as if the proceedings in the probate court 
had not been had." 

Section 3. Section eighteen of chapter one hundred 
and eighty-five of the Public Statutes is hereby amended 
by striking out, in the fourth line, the words "except as 
provided in the following section." 

Section 4. Section forty-nine of chapter two hundred 
and twenty of tiie Public Statutes is hereby amended, in 
the third line, by striking out the word " respectfully," 
and inserting in place thereof the word " respective!}'." 

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

Approved February i, 1882. 

An Act to amend " an act to authorize the city of 
haverhill 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 the word " nine," and in- 
serting in place thereof the word " seven ; " and section 
three of said act is hereby amended by striking out the 
word " eight," and inserting in place thereof the word 
"six." 

Section 2. This act shall take effect upon its accept- 
ance by the city council of said city of Haverhill. 

Approved February 5, 1882. 

An Act to change the name of the mercantile marine 

INSURANCE company. 

Be it enacted, etc., asfolloivs: 

Section 1. The name of the Mercantile Marine Insur- 
ance Company, a corporation established in Boston by an 
act approved the eleventh day of February in the year 
eighteen hundred and twenty-three, shall hereafter be the 
Mercantile Fire and Marine Insurance Company. 

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

Approved February 5, 1882. 

An Act to change the name of the eastern junction, 

BROAD sound PIER, AND POINT SHIRLEY RAILROAD COMPANY. 

Be it enacted, etc., as folloios : 

Section 1. The Eastern Junction, Broad Sound Pier, 
and Point Shirley Railroad Company is hereby authorized, 



1882. — Chapter 10. 



15 



May elect park 
commissioners. 



at any time, by a majority vote of the stock represented at 
a meeting of the stockholders called for that purpose in 
accordance with the provisions of the by-laws relating 
thereto, to change its name to the Ocean Pier and Point 
of Pines Railroad Company. 

Section 2. The authority granted under this act shall Rights and 
not in any other way affect or impair any of the rights, llJJpai^rrd.'^ 
powers, privileges, franchises, duties, liabilities, obligations 
and restrictions already conferred and imposed upon said 
railroad corporation. 

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

Approved February 5, 1882. 

An Act to provide for laying out a public park ix the Chap. 10 

TOWN OF ABINGTON. 

Be it enacted, etc., as follows: 

Section 1. The inhabitants of the town of Abington 
may, at any legal meeting called for the purpose, elect 
three commissioners and prescribe their terms of office. 
Said commissioners shall constitute a board of park com- 
missioners, and any vacancy occurring in said board shall 
be filled in such manner as the town may direct. Said 
commissioners shall receive such compensation as the town 
shall determine. 

Section 2. Said board shall have power to locate 
within the limits of the town of Abington a public park ; 
and for that purpose to take in fee by purchase or other- 
wise any such lands as said board may deem desirable 
therefor : provided, however, that no land shall be taken, 
or other thing involving an expenditure of money done, 
until an appropriation sufficient to cover the estimated ex- 
pense thereof shall have been made by a two-thirds vote 
of the voters present and voting at a meeting legally held ; 
and provided, further, that no taking of land otherwise 
than by purchase shall be valid unless it is reported to the 
town, filed, accepted and allowed, as provided by section 
seventy-one of chapter forty-nine of the Public Statutes in 
the case of laying out town ways. 

Section 3. Said board shall, within sixty days after Tomein 
the acceptance by the town of their report of the taking 
of land under this act, file in the registry of deeds for the 
county of Plymouth, a description thereof sufficiently ac- 
curate 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 



Commissioners 
may locate park. 



registry of 
deeds descrip- 
tion of the land 
taken. 



16 



1882. — Chapter 10. 



Fee of land to 
vest In town of 
Abington. 



Street, etdj., not 
to be laid out 
over park. 



Colnmi88ioner^ 
to report 
annually. 



Subject to 
acceptance by 
the voters. 



When to take 
effect. 



vested in them under this act; but any party aggrieved 
by any such determination of said board may have his 
damages assessed as in case of land taken for highways. 

Section 6. The fee of all lands taken or purchased by 
said board under this act shall vest in the town of Abing- 
ton, and said town shall be liable to pay all damages as- 
sessed 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 bequest that 
may be made for the purpose of laying out, improving or 
ornamenting any parks in said town. 

Section 6. No street or way, and no steam or horse 
railroad, shall be laid out over any 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 majority of the legal voters of said town of 
Abington, present and voting thereon, by ballot, and using 
the check list, at a meeting which shall be held during 
the present year. Said ballot shall be "yes," or "no," in 
answer to the question, " Shall an act passed by the legisla- 
ture of the Commonwealth in the year eighteen hundred 
and eighty-two entitled ' An Act for laying out a public 
park in the town of Abington,' be accepted?" Such 
meeting shall be called, notified and warned in the same 
manner in which meetings for the election of town officers 
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 accept- 
ance of this act, and the whole number east against said 
acceptance ; and if it shall appear that a majority of the 
ballots have been cast in favor of acceptance, the said 
secretary shall forthwith issue and publish his certificate 
declaring this act to have been dul}' accepted. 

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 Abington, shall take efifect 
upon its passage. Approved February 4, 1SIS2. 

[Ai'cepted March G, 1882.] 



1882. — Chapters 11, 12, 13. 



17 



An Act allowing the town of Plymouth to make an appro- Chap, 1 1 

PRIATION for celebrating FOREFATHERS' DAY. 

Be it enacted^ etc., as foUoivs : 

Section 1. The town of Plymouth may annually, at Town may raise 
its meetinsr in the month of March, appropriate for the biatiw/of fore- 
expenses of celebrating forefathers' day a sum not exceed- f^itiiers' day. 
ing five hundred dollars. 

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

Approved February 4, 1SS2. 

An Act to amend "an act to incorporate the dedham Chap. 12 

WATER COMPANY. ' ' 

Be it enacted., etc., as folloivs : 

Section 1. Section ten of chapter one hundred and 
thirty-eight of the acts of the 3-ear eighteen hundred and 
seventy-six is hereby amended so as to read as follows : — 

The town of Dedham shall have the right at any time Town may pur- 
during the continuance of the charter granted to the Ded- 
ham Water Company to purchase the corporate property 
and all the rights and privileges of said company, at a company. 
price which may be mutually agreed upon between said 
corporation and the said town of Dedham ; and the said 
corporation is authorized 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 deter- 
mined by three commissioners to be appointed by the 
supreme judicial court, upon application of either party 
and notice to the other, whose award when accepted by 
the said court shall be binding upon both parties ; and 
this authority to purchase said franchise and property is 
granted on condition that the same is assented to by said 
town by a two-thirds vote of the voters present and vot- 
ing thereon at a legal meeting called for that purpose ; the 
number of meetings called for that purpose in any one 
year not to exceed two. 

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

Approved February 7, 1S82. 



chase corporate 
property and 
rigbts of Ded- 
ham Water 



Subject to 
acceptance 
by town. 



An Act to change the name of the sanford steamship Chap. 13 

COMPANY. 

Be it enacted, etc., as follows: 

Section 1. The name of the "Sanford Steamship Name changed. 
Company," a corporation organized in the year eighteen 
hundred and seventy-five, under the provisions of chapter 
two hundred and twenty-four of the acts of the year eigh- 
3 



18 



1882. — Chapter 14. 



teen hundred and seventy, is changed to the " Boston and 
Bangor Steamship Company." 

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

Approved February 9, 1882. 



May take water 
of Wekepeke 
brook in 
Sterling. 



Exercise of 

rights. 



Chop. 14 An Act in addition to the acts to supply the town of 

CLINTON WITH PURE WATER. 

Be it enacted, etc., as folloivs : 

Section 1. The town of Clinton for the purposes pro- 
vided in chapter ninety-eight of the acts of the year eigh- 
teen hundred and seventy-six is hereby authorized to take 
and convey into and through said town the waters of 
"JiVekepeke " brook, in the town of Sterling, 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 that purpose. 

Section 2. The rights, powers and authority given bj'' 
this act shall be exercised by the town of Clinton through 
the same officers as are authorized to exercise the rights, 
powers and authority given by the said ninety-eighth 
chapter, and the said town shall be entitled to all the 
rights and subject to all the duties and liabilities set forth 
in said chapter, to be enforced in the manner therein pro- 
vided. 

Section 3. For the purpose of defraying all costs and 
expenses incident to the acts herein authorized, including 
the payment for land and water rights taken, the said 
town of Clinton shall have authority to borrow from time 
to time such sums of money, and to issue therefor notes, 
bonds, or scrip, signed by the treasurer and countersigned 
by the chairman of the selectmen, to be denominated the 
"Clinton Water Loan,"' as said town shall deem necessary, 
to an amount not exceeding one hundred thousand dol- 
lars, upon the same tei'ms 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 
appropriation and assessment of money for the payment of 
the principal and the interest on the moneys so borrowed, 
as are contained in the fourth section of said chapter 
ninety-eight of the acts of the year eighteen hundred and 
seventy-six. 

Section 4. This act shall take effect upon its passage; 
but nt)thing shall be done, nor any expenditure made, nor 
liability incurred under the same, except for preliminary 
surveys and estimates, unless this act shall first be accept- 



Clinton Water 
Loan not to ex- 
ceed $10U,000. 



No expenses to 
be Incurred 
until act iu 
ucci'pled. 



1882. — Chapter 15. 



19 



Reorganization 
ratified and 
contirmed. 



ed by vote of two-thirds of the legal voters of said town 
present and voting thereon at a legal meeting called for 
that purpose within three years from the passage of this 
act ; the number of meetings called for that purpose in 
any one year shall not exceed two. 

Approved February 9, 1882. 

An Act to confirm the reorganization of the second par- Chap. 15 

ISH OF DEDHAM as THE FIRST CONGREGATIONAL PARISH IN 
NORWOOD, AND TO DISSOLVE THE PROPRIETORS OF THE CON- 
GREGATIONAL MEETING-HOUSE IN THE SECOND OR SOUTH PAR- 
ISH IN DEDHAM. 

Be it enacted, etc., as follows: 

Section 1. The reorganization of the Second or South 
Precinct or Parish of Dedham under the name of the First 
Congregational Parish in Norwood is hereby ratified and 
confirmed, and the rights, privileges and property of said 
Second or South Precinct or Parish of Dedham shall be 
and are hereby vested in said First Congregational Parish 
in Norwood. 

Section 2. The corporation styled the Proprietors of Corporation 
the Congregational Meeting-House in the Second or South 
Parish in Dedham, established by chapter twenty-four of 
the acts of the year eighteen hundred and twenty-nine, is 
hereby dissolved, and the rights, privileges and property 
of the Proprietors of the Congregational Meeting-House 
in the Second or South Parish in Dedham aforesaid shall 
be and are hereby vested in said First Congregational 
Parish in Norwood : provided, nevertheless, that any per- 
sons not named in this act who now own pews in said 
meeting-house shall continue to own their respective pews 
therein, subject to the general provisions of law applicable 
thereto. 

Section 3. Any person claiming to be aggrieved by 
the provisions of this act may, at any time within six 
months after this act takes effect, apply by petition to the 
superior court for the county of Norfolk, and his damages, 
if any, shall be assessed and determined by and under the 
direction of said court, and shall be paid by said First 
Congregational Parish of Norwood. 

Section 4. This act shall take effect upon its accept- 
ance by said First Congregational Parish of Norwood. 

Approved February 9, 1882. 



dissolved. 



Assessment of 
damages. 



Subject to 
acceptance. 



20 



1882. — Chapters 16, 17. 



Chan. 16 Ax Act to authouizk the inhabitants of quixcy to appro- 
priate A PART OF THEIR ANCIENT BURIAL GROUND FOR THE 
PURPOSE OF ENLARGING THEIR TOWN HALL. 

Be it enacted., etc., as follows : 
May take part SECTION 1. In case the inhabitants of Quincy shall at 

toen[ir^fu)w"n ^^ annual meeting determine that it has become necessary 
hall. for them to enlarge their town hall, it shall be lawful for 

them to appropriate for that purpose so much of the an- 
cient burial ground lying westward of their present town 
house as may be necessary to enable the same to be ex- 
tended westerly for a distance not exceeding thirty feet in 
length : provided, that no tomb or burial lot in which are 
buried the remains of the dead shall be entered upon 
under the provisions of this act until the remains shall 
have been removed to some other cemetery without ex- 
pense to the owner of such tomb or burial lot. 
Damagf'8. SECTION 2. If damage is sustained by any person by 

reason of proceedings of the inhabitants of Quincy under 
this act, he shall be entitled to the remedies provided by 
law in the case of lands taken by towns for burial places. 

Approved February 9, 1882. 



Chap. 1 T 



Appropriatioiir*. 



Kxpcnsfs of 
board. 



IK-llltll DtVlOlT. 



Clerieul 
UBHiiitaiiL'e. 



KxpctifcH of 
ilL-parliiient. 



An Act making appropriations for sunt>ry charitable 

expenses. 
Be it enacted., etc., as follows: 

Section 1. The suras hereinafter mentioned are ap- 
propriated, to be paid out of the treasury of the Com- 
monwealth, from the ordinary revenue, for the purposes 
specified herein, to wit : — 

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 twelve 
hundred dollars. 

DEPARTMENT OF HEALTH. 

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

For such clerical assistance as the health officer may 
deem necessary in the department of health, a sum not 
exceeding one thousand dollars. 

For general work of the de])artment of health, including 
chemical analyses, sanitary investigations and reports, and 
travelling expenses for inspections, a sum not exceeding 
five thousand dollars. 



1882. — Chapter 17. 21 



INSPECTOK OF CHARITIES. 

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

For such clerical assistance as the inspector of charities clerical 

1 J. T a j.\ 1 assistance. 

may deem necessary, a sum not exceeding lour thousand 
five hundred dollars. 

For incidental and contingent expenses in the depart- incidental and 
raent of the inspector, the same to include expenses in- expenfeT.^ 
curred in the inspection of public institutions, a sum not 
exceeding one thousand dollars. 

SUPERINTENDENT OF IN-DOOR POOR. 

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

For such additional clerical assistance, including services clerical 
of visitors, as the superintendent of in-door poor, with the 
approval of the board of health, lunacy and charity, may 
deem necessary, a sum not exceeding twelve 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 ex- expeMeT' 
oeeding six thousand dollars. 



SUPERINTENDENT OF OUT-DOOR POOR. 

For the salary of the superintendent of out-door poor, superintendent 

. .1 TJ21T1111 of out-door poor. 

two thousand hve hundred dollars. 

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

For such other clerical assistance, including visitors, as Additional cieri- 
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 ten thousand two hundred dol- 
lars. 

For travelling, incidental and contingent expenses of incidental and 
the superintendent of out-door poor, a sum not exceeding expenses. 
twenty-eight hundred dollars. 

MISCELLANEOUS CHARITABLE. 

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



22 



1882. — Chapter 17. 



Transportation 
to almslioiise. 



Transportation. 



Cases of settle- 
naent, bastardy, 
etc. 



Infant asvlum. 



Support of 
slate paupers 
by towns. 



Burial. 



Temporary sup- 
port by cities 
and towns. 



Transportation 
of foundlings. 



Dangerous 
diseases. 



Indian paupers 



Idiotic and 

feeble-minded 

youth. 



Auxiliary 
visitors. 



Jobonnot 
annuities. 



Annuities. 



For transportation of state paupers to the state alms- 
house, six hundred dollars. 

For transportation of state paupers, a sum not exceed- 
ing twelve 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 
Asylum for the support of infants having no known set- 
tlement in the Commonwealth, a sum not exceeding fifteen 
thousand dollars. 

For the support of state paupers by cities and towns, a 
sum not exceeding twenty-seven thousand dollars, which 
amount is made applicable for the payment of claims for 
the present and previous years. 

For the burial of state paupers by cities and towns, for 
the present and previous years, a sum not exceeding seven 
thousand dollars. 

For the temporary support of state paupers by cities 
and towns, for the present and previous years, a sum not 
exceeding eighteen thousand dollars ; and if at any time 
it shall be found necessary a sum not exceeding one thou- 
sand dollars may be advanced on account of the support 
and transportation of outside foundlings and other state 
paupers : provided^ a detailed report of such expenditures 
shall be rendered to the auditor of accounts whenever 
required. 

For the support and transportation of outside found- 
lings, a sum not exceeding eight thousand dollars. 

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

For support of Indian state paupers, a sum not exceed- 
ing 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 sura 
not exceeding twelve hundred dollars. 

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. 

For other annuities authorized by the legislature, a sum 



1882. — Chapter 18. 



23 



not exceeding one thousand nine hundred and seventy-two 
dollars. 

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

For expenses incurred in connection with medical exami- 
nations and inquests, a sum not exceeding three thousand 
five hundred dollars. 

The sum of two thousand dollars is hereby appropriated 
for the temporary support of paupers, from which aid may 
be given by the board of health, lunacy and charity, in 
extraordinary cases of suffering, where the provisions made 
by existing laws are in their judgment insufficient. 



Medical exarni- 
nations and 
inquests. 



Temporary sup- 
port of paupers. 



Gratuity 
to town of 
Westfield. 



GRATUITIES. 

For a gratuity payable to the town of Westfield, author- 
ized by the legislature, the sum of five thousand dollars. 
Section 2. This act shall take effect upon its passage. 

Approved February 11, 1882. 

Ax Act in further addition to "an act making appropria- Chap. 18 

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

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are ap- 
propriated for the purposes specified, to be paid from the 
ordinary revenue, unless otherwise ordered, out of the 
treasury of the Commonwealth, to meet the current ex- 
penses of the year ending on the thirty-first day of Decem- 
ber one thousand eight hundred and eighty-two, to wit: — 



legislative and executive departments. 

For printing and binding ordered by the senate and Printing and 

house of representatives, or by concurrent order of the by"icgifiaturer 
two branches, a sum not exceeding twenty thousand dol- 
lars. 

For stationery for the senate, purchased by the clerk of Senate 

the senate, a sum not exceeding nine hundred dollars. 'stationery. 

For stationery for the house of representatives, pur- House 

chased by the clerk of the house of representatives, a sum »'"*'°"«''"J- 
not exceeding sixteen hundred dollars. 

.For books, stationery, printing and advertising ordered Sergeant-at- 

by the sergeant-at-arms for the legislature, a sum not ex- eryTetc.*"°" 
ceeding eight hundred dollars. 

For incidental and contingent expenses of the sergeant- incidental 

at-arms, a sum not exceeding three hundred dollars. expenses. 



24 



1882. — Chapter 18. 



Council 
priming and 
stationcrj'. 

CoiUin2;ent 
expenses of 
governor and 
council. 

Contingent 
expenses of 
executive 
department. 



Postage and 
printing. 



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

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

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 liouse 
fuel and liijhts. 



■Repairs and 
furniture. 



Expenses of 
house in Peni- 
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 liouse 
number thirty-thrcje Pemberton Square, a sum not exceed- 
ing: ten thousand dollars. 



Incidental 
expenses — 
Secretary. 

Treasurer. 



Tax com- 
missioner. 



Commissioner 
of corporations. 

Auditor. 



Insurance 
commissioner. 



Kail road 
commissioners. 



Travelling and 

Incidcntjil 

expenses. 



Surgeon- 
gencral. 



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 one hundred 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 three thousand dollars. 

For compensation of experts, or other agents, for rent 
of office, and for incidental and contingent expenses of the 
raih-oad commissioners, a sum not exceeding two thousand 
eight hundred and seventy-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 exceedino- two thousand dollars. 

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



1882. — Chapter 18. 



25 



For the incidental expenses of the attorney-general's Attorney- 
department, a sum not exceeding one thousand five hun- s™*'''^ - 
dred dollars ; and for expenses of civil actions, a sum not 
exceeding three hundred dollars. 

For travelling expenses of the inspector and assistant inspectors oi 

I n J 1 ^• ■ ^ 1 J gas-meters. 

inspector or gas-meters, a sum not exceeding six hundred, 
dollars ; and for furnishing such additional apparatus as 
the inspectors of gas-meters may require, a sum not ex- 
ceedijig two hundred dollars. 



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 
company armories, a sum not exceeding thirty-one thou- 
sand 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 six 
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 volunteer 
militia not otherwise provided for, a sum not exceeding 
four thousand dollars. 

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

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

In resolve chapter eight 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, 



Adjutant- 
general. 

Military duty. 



Transportation. 



Headquarters 
and armories. 



Quartermaster- 
general. 

Quartermasters' 
supplies. 

Grading camp- 
ground. 

Military 
accounts. 



Medical 
supplies. 



Soldiers' 
bounties. 



List of sailors 
and marines. 



Proceeds ot 
sale of grass at 
camp-ground. 



26 



1882. — Chapter 18. 



Re-irabursc- 
ment for state 
and military 
aid. 



Bounties to 
societies. 



Expenses of 
board. 



Travelling 
expenses. 



Incidental 
expenses. 



Commercial 
fertilizers. 



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 thirty -six thousand dollars ; the same to be 
payable on or before the first day of December of the 
present year. 

AGRICULTURAL. 

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

For travelling and necessary expenses of the members 
of the board of agriculture, a sum not exceeding one thou- 
sand five hundred dollars. 

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

For incidental expenses of the board of agriculture, a 
sum not exceeding five hundred dollars. 

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



I'rinting and 
binding public 
documents. 



f.-unphlet 
edition. 



' Blue Book.' 



NeWHpaper 
publication. 



ABsesBors' 
books, etc. 



PRINTING, BINDING, ETC. 

For printing and binding the public series of docu- 
ments, under the direction of the secretar}'- of the Com- 
monwealth, a sum not exceeding thirt3'-five thousand 
dollars. 

For printing the pamphlet edition of the acts and re- 
solves of the present year, for distribution in the Common- 
wealth, a sum not exceeding thirty-three hundred dollars. 

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

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

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



1882. — Chapter 19. 



27 



Roads in 
Mashpee. 



Sheriffs. 



Weights and 
measures. 



State and mili- 
tary aid. 



Registration 
report. 



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

For term reports, a sum not exceeding sixteen hundred 
dollars. 

MISCELLANEOUS. 

For expenses incurred in the construction and repair of 
roads in the town of Mashpee during the year one thou- 
sand eight hundred and eighty-one, 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 postage, printing, and other necessary expenses in 
carrying out the provisions of the state and military aid 
laws, a sum not exceeding five hundred dollars. 

For 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 11^ 1882. 

An Act to authorize the old colony railroad company to Chap. 19 

TAKE LAND IN BRAINTREE AND IN BOSTON. 

Be it enacted, etc., as foUoivs : 

Section 1. The Old Colony Railroad Company may May take land 
take so much land in the town of Braintree southerly of and'B'o"ton'; 
the South Shore Branch and easterly of its main line as its 
directors may deem necessary to make and maintain a con- 
venient connection of tracks between said main line and 
said South Shore Branch : and may also take such land 
adjoining its railroad in South Boston as its directors ma}^ 
deem necessary (but not exceeding twenty-five feet in 
width at any point in addition to its present road bed), for 
raising its railroad over the proposed extension of D Street 
in South Boston ; and may also temporarily take, for a 
period not exceeding ten months, for the purpose of chan- 
ging its tracks during the time the work of raising its rail- 
road is going on, so much land as may be necessary to 
construct and maintain a railroad with two tracks westerly 
of its present road bed for the whole or any part of the 
distance between Dorchester Street and Dorchester Avenue 
in said South Boston, and may construct, maintain and 



28 



1882. — Chapters 20, 21, 



Powers and 
duties. 



operate a railroad thereon for the said period of ten months. 
Locations, in the form provided by law, of the land taken 
hereunder shall be filed within one year, and of the land 
the temporary use of which is taken for tracks shall be 
filed within three months from the passage of this act. 

Section 2. In the exercise of the powers granted by 
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 14, 1882. 



Chap. 20 



^^ay increase 
capital stock. 



An Act to authorize the national tdbe works company to 
increase its capital stock. 

Be it enacted, etc., as folloios: 

Section 1. The National Tube Works Company, a 
corporation established in Boston under the general laws 
of this Commonwealth, is hereby authorized to increase its 
capital stock to an amount not exceeding two million dol- 
lars. 

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

Approved February 14, 1882. 



Appropriations. 



Chap. 21 An -^CT JIAKING APPROPRIATIONS FOR EXPENSES OF THE VARI- 
OUS CHARITABLE AND REFORM ATORV INSTITUTIONS, AND FOR 
OTHKR 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- 
wealth, from the ordinary revenue, for the purpose of 
meeting the current expenses of the institutions herein- 
after named, and for other purposes, during the year eigh- 
teen hundred and eighty-two, to wit : — 

For the payment of salaries at the state almshouse at 
Tewksbury, a sum not exceeding twenty thousand dollars; 
and for other current expenses at said institution, a sum 
not exceeding seventy-three thousand dollars. 

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



Salaries. 
State alms- 
house. 



State priTiiury 
school. 



1882. — Chapter 21. 29 

For the payment of salaries at the state prison at Con- state prison. 
cord, a sum not exceeding fifty-two thousand dollars ; and 
for other current expenses of said institution, a sum not 
exceeding eighty-two thousand three hundred dollars. 

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

For the payment of salaries at the state reform school Reform school. 
for boys, a sum not exceeding fifteen thousand dollars ; and 
for other current expenses of said institution, a sum not 
exceeding fifteen thousand dollars. 

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

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

For the contingent expenses of the commissioners of Expenses. 
prisons, a sum not exceeding eight hundred dollars, the of'^r^ons^"'*'*' 
same to include printing blanks and binding. 

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

For the payment of the cost of supporting prisoners support of 

Trt.i /. . . 7. oi prisoners, etc. 

removed from the reformatory prison for women, a sum 
not exceeding five hundred dollars. 

For expenses incurred in removing prisoners from the Removing 
reformatory prison for women, a sum not exceeding two p"*'°"'^''*- 
hundred dollars. 

For the salary of the agent for aiding discharged female Discharged fe- 
prisoners, seven hundred dollars; and for expenses of said "^^le pnsoners. 
agent, a sum not exceeding two thousand three hundred 
dollars. 

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

For expenses incurred in the arrest of fugitives from Arrest of 
justice, a sum not exceeding two thousand dollars. '"^' '^'^*" 

For the salary of the chief of the district police force, a District police, 
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 ex- 



30 



1882. — Chapter 22. 



Kxpenses of 
trustees. 



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

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

Approved February 18, 1882. 



Chap 22 An Act making additional appropriations for certain 

EXPENSES authorized IN THE TEAR EIGHTEEN HUNDRED AND 

eighty-one. 
Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are ap- 
propriated, to be paid out of the treasury of the Com- 
monwealth, from the ordinary revenue, for the purposes 
specified herein, to wit : — 

For printing and binding the pamphlet edition of the 
general laws enacted at the extra session, one hundred and 
nine dollars and eight cents. 

For travelling and other expenses of the trustees of the 
state primary, reform and industrial schools, seventy-nine 
dollars and eighty-four cents. 

For travelling and other expenses of the inspector of 
gas-meters, one hundred and thirty-two dollars and sixty- 
eight cents. 

For expenses incurred in medical examinations and in- 
quests, seven hundred and nine dollars and forty cents. 

For the preparation for publication, and for the publica- 
tion of the provincial laws, seven hundred and eighty- 
three dollars and forty-six cents. 

For current expenses at the state reform school for boj's, 
two thousand .three hundred and ninety-seven dollars and 
eighty-two cents. 

For payment of salaries at the state prison at Concord, 
one hundred and ninety-six dollars and forty-six cents ; 
and for other expenses at said institution, six thousand 
eight hundred and sixt^'-six dollars and forty-two cents. 

For the payment of current expenses at the state alms- 
house at Tewksbury, nine thousand nine hundred and 
ninety-four dollars and thirty-seven cents. 

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

Approved February 18, 1882. 



Appropriations. 



Printing, etc., 
pamphlet 
edition of laws. 



Inspector of 
gas-meters. 



Medical exami- 
nations and 
inquests. 

Provincial lawt- 



State reform 
school. 



State prison. 



State alms 
liouse. 



1882. — Chapter 23. 



31 



Xarae and 
purpose. 



Powers and 
duties. 



May hold and 
manage fund. 



An Act to incorpokate the wiiEKLwiiiGHT scientific school. Chap. 23 
Be it enacted, etc., as folloios : 

Section 1. Robert Codmau, Eberi F. Stone, Charles corporators. 
G. Wood, William B. Atkinson, and the mayor of the 
city of Newburyport for the time being, their associates 
and successors, are hereby made a corporation by the name 
of the Wheelwright Scientific School, for the purpose of 
establishing a scientific school in said Newburyport, or 
assisting young men of that city as provided in the will 
of William Wheelwright, deceased, to obtain a scientific 
education ; with all the powers and privileges and subject 
to all the duties, restrictions and liabilities set forth in all 
general laws which now are or may hereafter be in force 
and applicable to such corporations. 

Section 2. The said corporation shall have authority 
to receive, hold and manage the fund bequeathed for the 
purposes for which the said corporation is created by the 
will of William Wheelwright, late of Newburyport, de- 
ceased, and any other donations or bequests which may be 
made for its benefit, and may hold for the purposes afore- 
said real and personal estate to an amount not exceeding 
three hundred thousand dollars. 

Section 3. The officers of said corporation shall con- 
sist of the trustees under said will, one of whom shall be 
president ; also a treasurer and a secretary, who may or 
may not be members of said board of trustees. Whenever 
a trustee shall die or resign or become incompetent to dis- 
charge the duties of his trust, a successor shall be elected 
by ballot by the remaining trustees ; but no person so 
elected shall have any authority to act as trustee until 
approved as such by the judge of probate for the county 
of Essex. 

Section 4. The said institution shall be established in 
said Newburyport, and shall be conducted and managed in 
accordance with the provisions of the will of said William 
Wheelwright. It shall as often as once in three years, and 
oftener when thereto requested, render to the probate 
court for the county of Essex and also to the city of New- 
buryport an account of all receipts and disbursements of 
the said trust fund. 

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

Approved February 18, 1882. 



Officers of the 
corporation to 
consist of trus- 
tees under the 
will. 



To he estab- 
lished in Xew- 
buryport. 



32 



1882. — Chapters 24, 25, 26. 



Chap. 24 



May discontinue 
draw in bridge. 



Chap. 



Corporators. 



Name and 
purpose. 



Powers and 
duties. 



Real and per- 
sonal estate. 



An Act to authorize the discontinuance of a draw in the 
bridge over blue river, in the town of duxbury. 

Be it enacted., etc., as follows : 

Section 1. The town of Duxbury is hereby authorized 
to discontinue the draw in the bridge over Blue River in 
said town. 

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

Approved February 18, 1882. 



25 An Act to incorporate the pine grove cemetery associa- 
tion, IN the town of SHEFFIELD. 

Be it enacted, etc. , as follows : 

Section 1. Albert W. Curtiss, Leonard Tuttle, Abner 
Ro3^s, S. Hopkins Bushnell, Luella D. Smith, Herbert C. 
Joyner, their associates and successors are hereby made a 
corporation b}^ the name of the Pine Grove Cemetery 
Association, for the purpose of establishing and maintain- 
ing a place for the burial of the dead, to be located in the 
town of Sheffield in the county of Berkshire, and sliall 
have all the powers and privileges and be subject to all the 
duties, liabilities and restrictions of the statutes applicable 
to similar corporations. 

Section 2. Said corporation may hold real and personal 
estate for the purpose aforesaid, not exceeding in amount 
the sum of five thousand dollars. 

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

Approved February IS, 1882. 



Chap. 26 



May issue addi- 
tional water 
bonds. 



An Act to authorize the town of Winchester to issue 
additional water bonds. 

Be it enacted, etc., as follows: 

Section 1. The town of Winchester is hereby granted 
the right, from time to time, to issue notes or bonds to 
an amount not exceeding one hundred thousand dollars, 
in addition to that authorized by chapter two hundred 
and sixt}^ five of the acts of the year eighteen hundred and 
seventy-two, and subject to the conditions therein con- 
tained, for the purpose of supplying said town with pure 
water. The same shall be denominated on their face 
'' Winchester Water Fund Bonds," and be payable at 
periods not more than thirty years from their respective 
dates. 

Section 2. This act sliall take efl'ect upon its passage. 

Approved February 18, 1882. 



1882. —Chapter 27. 33 

An Act to incorporate the guarantee assurance coMPANr Chap. 27 

OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. William II. Goodwin, Frank Goodwin, corporators. 
Henry P. Coffin, Nathaniel J. Bradlee, A. Davis Weld, 
junior, William H. Hill, Ezra Farnsworth, J. Gardner 
White, William I. Parker and Samuel Batchelder, junior, 
their associates and successors, are made a corporation by 
the name of the Guarantee Assurance Company of Boston, Name, 
for the purposes hereinafter set forth ; to have its place of 
business in the city of Boston, and to be subject to the 
provisions of all general laws which now are or hereafter 
may be in force in relation to like corporations. 

Section 2. The capital stock of said company shall be CapUai stock. 
two hundred thousand dollars, and may be increased to 
one million of dollars by a vote of the stockholders, and 
shall be invested in the same kind of securities in which 
savings banks are required to invest. 

Section 3. The said company is hereby authorized Powers. 
and empowered to act within the limits of this Common- 
wealth, and under the jurisdiction of the courts there- 
of, as surety upon the official bond of any person to 
the United States or to any official thereof, to the State of 
Massachusetts or to any official thereof, to any county, 
city or town, or to any officials thereof, to any judge of 
probate or other court or magistrate, to any corporation or 
association, public or private, and upon a bond to any 
person or persons conditioned upon the performance of 
any trust. Also, upon bonds to indemnify against loss any 
person or persons who are responsible as surety or sureties, 
upon a written instrument or otherwise, for the faithful 
performance by others of any trust, office or duty. And 
in any case where, by law or otherwise, two sureties are 
required upon any obligation which this company is hereby 
authorized to assure, this company may act as sole surety, 
if so accepted and approved by the court or magistrate 
named as the obligee in the bond. The judge of probate 
may allow the premium to be charged as an item in the 
final account. 

Section 4. The amount of the responsibility incurred Responsibility, 
by said company in behalf of any one person, partnership 
or company shall not exceed the amount of ten per centum 
upon its paid-in capital ; and in the case of bonds of trus- 
tees and guardians filed in any probate court of this Com- 
monwealth shall not exceed on any one bond five per 

5 



34 



1882. — Chapter 27. 



Dividends. 



Reserved fund. 



Proviso. 



Proviso. 



What may be 

considered 

earnings. 



Taxation. 



centum of the net assets of the company ; nor in the case 
of bonds by executors or administrators shall it exceed the 
sura of fifteen thousand dollars upon any one bond. 

Section 5. After deducting^ from the earnincrs of the 
company (no part of the premiums received on risks not 
teiminated being considered earnings), and from the in- 
come of its invested funds, such an amount as shall have 
been required for the costs of management, and for such 
dividends not exceeding ten per centum per annum on the 
capital stock as the directors may determine upon, the 
residue shall be annually set apart for the purpose of con- 
stituting a reserved fund for the payment of losses, until 
the said reserved fund shall equal one-half the amount of 
the capital stock paid in ; and, in case the reserved fund 
shall ever be impaired, it shall be made up to the full 
amount in the manner originally provided; and the said 
capital stock shall in no case be impaired or diminished 
until said reserved fund shall have been exhausted : jpro- 
vided^ that whenever the said reserved fund shall equal 
one-half the amount of the capital stock paid in, the earn- 
ings of the company over and above the aforesaid dividend 
of ten per centum j^^r annum, and the contributions 
required to keep the said reserved fund entire, may there- 
after be divided among the stockholders jjro rata in certifi- 
cate of such portions of its actual surplus as the company 
may from time to time determine, which shall be deemed 
to be an increase of its capital stock to the extent of such 
new certificates so issued ; but no such dividend shall be 
made except from actual surplus funds of the company, 
such surplus to be computed in the manner herein set 
forth ; and provided, also, that in closing up the affairs of 
said company, the amount then standing to the credit of 
said reserved fund shall be divided among the stockhold- 
ers in proportion to their respective shares. 

Section 6. At the end of each and every second j-ear 
from the date of every probate risk undertaken by said 
company, one-third part of the premium received therefor 
may be considered and treated as earnings, or the whole 
premium upon such risks may be considered and treated 
as earnings upon the allowance of the final account by the 
court. 

Section 7. For purposes of taxation, said corporation 
shall be embraced in the provisions of section thirtj'-eight 
of chapter thirteen of the Public Statutes. Said corpona- 
tion shall also be subject to all general provisions of law 
applicable to insurance companies having a specific capital. 



1882. — CuArxER 28. 35 

Section 8. The said company shall publish within ten statpmentof 
days from the first day of January, April, July and Octo- fiabiuticH'tobe 
ber in each year, in two or more newspapers published in pu'^''«'^<=<i- 
the city of Boston, a statement of its assets and liabilities 
sworn to by one of its officers. 

Section 9. The books and investments of said com- Books, etc., to 
pany shall be open to the inspection of the insurance gpecUon'of "' 
commissioner and of the tax commissioner of the Common- stockholders, 
\vealth ; also to the inspection of the stockholders, subject 
to such limitations as may be prescribed by the by-laws of 
the company. Every stockholder shall be furnished with 
a copy of the charter and bj^-laws of the company. 

Section 10. This act shall take effect upon the first 
day of June, A.D. eighteen hundred and eighty-two. 

Approved February 21, 1882. 

An Act concerning the correction of errors in copies of Chap. 28 

RECORDS OF VOTES, AND THE PDBLICITY OF ELECTION RETURNS. 

Be it enacted, etc., as follows: 

Section 1. If, upon examination of the copies of the if returns are 
records of votes as required by the forty-fifth section of Ifew'copLs'may 
the seventh chapter of the Public Statutes, it shall appear goremorand 
to the governor and council that any such copy is incom- councu. 
plete or erroneous, they may order a new copy of the 
record to be made and transmitted in the manner pro- 
vided for making and transmitting the original return. 
Said new copy shall be returned by the clerk of the city 
or town within seven daj^s after the date of the order 
requiring the same to be made, and if adjudged to be 
correct and in conformity to the requirements of law 
shall thereupon have the same force and eifect as an 
original return correctly made and transmitted. 

Section 2. Any city or town officer wilfully neglect- Penalty on offi- 
ing or refusing to perform the duties required of hira '^'^^ °'-'^'^sect. 
under the preceding section shall be liable to the penalty 
provided in the sixty-fifth section of the seventh chapter 
of the Public Statutes. 

Section 3. Upon the completion of the examination Publication in 
of the copies of the records of votes by the governor and e'lewspape 
council, and the determination of the persons severally 
appearing to be elected in accordance therewith, the sec- 
retary of the Commonwealth shall furnish to every daily 
newspaper in the Commonwealth, and to at least one news- 
paper in every county where no daily newspaper is pub- 
lished, if such 23aper shall apply for the same, an abstract 
of the returns of votes and a statement of all cases where 



36 



1882. — Chapters 29, 30. 



Copies of 
ri-foids to be 
placed on tile. 



Allowance for 
clerical aBBist- 
ance. 



corrected returns have been received, showing the varia- 
tions, if any, from the first return received. All copies 
of records of votes, whether original or corrected, shall be 
placed and remain on file in the office of the secretary of 
the Commonwealth, and be there open to inspection by 
any interested person who may apply therefor. 

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

Approved February 21, 1882. 

Chap. 29 An Act to amend section eighteen of chapter five of the 
PUBLIC statutes, relative to clerical assistance in the 
state library. 

Be it enacted, etc., as follows : 

Section 1. Section eighteen of chapter five of the 
Public Statutes is hereby amended by striking out the 
words "eighteen hundred," and inserting instead thereof 
the words "two thousand." 

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

Approved February 21, 1882. 

Chaj). 30 An Act to increase the prison and hospital loan sinking 

FUND. 

Be it enacted, etc., as follows: 

Section 1. Until the state prison at Charlestown, with 
the lands and property connected therewith, shall have 
been sold 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, and until 
the old hospital estate in Worcester shall have been sold 
in accordance with the provisions of section three of chap- 
ter one hundred and sixty of the acts of the year eighteen 
hundred and seventy-five, the treasurer and receiver-gen- 
eral is hereby directed to pay into the prison and hospital 
loan sinking fund, annually, all rents and other income 
that may be received from said prison, lands and property, 
and from said old hospital estate in Worcester; and said 
rents and income shall constitute a part of said sinking 
fund and shall be invested and used for the purposes for 
which said fund was established. 

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

Approved February 21, 1882. 



Application of 
proceeds of 
sale of state 
prison lands in 
Charlestown, 
and old hospital 
estate in 
Worcester. 



1882. — Chapters 31, 32, 33, 34. 37 

An Act relative to the bridge over the monatiquot river Chap. 31 
IN the town of braintree. 

Be it enacted, etc., as folloios: 

The town of Braintree is hereby directed to rebuild the Town to rebuild 
bridge over the Monatiquot River in said town within Monatiquot 
three years from the passage of this act, with a draw ^'^^^'• 
therein not less than thirty-six feet wide ; the plans for 
such bridge and the rebuilding thereof with all its attach- 
ments to be first approved by the board of harbor and 
land commissioners. Approved February 21, 1882. 



An Act in addition to " an act to establish the south cove Chap. 32 
corporation." 

Be it enacted, etc., as follows: 

The limitation now existing to the duration of the charter 
charter of the South Cove Corporation under chapter *^^'*'»<^'''*- 
seventeen of the acts of the yea^v eighteen hundred and 
thirty-three and chapter two hundred and twenty-three 
of the acts of the year eighteen hundred and seventy-two 
is hereby repealed and annulled ; but said corporation 
shall be and remain subject to the same duties, liabilities 
and restrictions as are provided by general laws applicable 
to such corporations. Approved February 21, 1882. 

An Act to authorize the essex institute to hold additional Chap. 33 

PERSONAL ESTATE. 

Beit enacted, etc., asfolloivs: 

Section 1. The Essex Institute, incorporated by chap- Mayhoidaddi- 
ter five of the acts of the year eighteen hundred and eXte.^*''^°°^ 
forty-eight, is hereby authorized to hold personal estate, 
exclusive of the books, papers and articles in the cabinets 
of said corporation, to an amount not exceeding one hun- 
dred thousand dollars. 

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

Approved February 24, 1882. 

An Act to incorporate the warren savings bank, in the Chap. 34 

TOWN OF WARREN. 

Bs it enacted, etc., as follows: 

Section 1. John W, Chadsey, William B. Ramsdell, corporators. 
E. F. Strickland, L. M. Gilbert, J. D. Rood, C. B. Elwell, 
E. J. Buck, J. E. Moore, E. Fairbanks, Seth Wetherbee, 
Job Owen, B. A, Tripp, Samuel E. Blair, Joseph B. Lom- 
bard, E. C. Sawyer, Cutler Moore, John B. Gould, John 



38 



1882. — Chapters 35, 36, 37. 



Name and 
purpose. 
Powers and 
dutitiB. 



May hold 
additional real 
estate. 



M. Drake, their associates and successors, are liereby made 
a corporation by the name of the Warren Savings Bank, 
to be located in the town of Warren ; with all the powers 
and privileges and subject to all the duties, liabilities and 
restrictions set forth in the general laws which now are or 
may hereafter be in force relating to savings banks and 
institutions for savings. 

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

Approved February 24, 1882. 

Chap. 35 An Act to authorize the hodsatonic agricultural society 

TO hold additional real estate. 

Be it enacted., etc.. as follows: 

Section 1. The Housatonic Agricultural Society, in- 
corporated under chapter one hundred and one of the acts 
of the year eighteen hundred and forty-eight, is hereby 
authorized to hold and manage real estate not exceeding 
in value thirty thousand dollars. 

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

Approved February 24, 1882. 

Chap. 36 An Act relative to notices in cases of injuries received 

ON HIGHWAYS. 

Be it enacted, etc., as follows: 

Section nineteen of chapter fiftj^-two of the Public Stat- 
utes is hereby amended by adding thereto the following 
words, viz. : — But no notice given under tlie provisions of 
this section shall be deemed to be invalid or insufficient 
solely by reason of any inaccuracy in stating the time, 
place, or cause of the injury : provided, that it is shown 
that there was no intention to mislead, and that the party 
entitled to notice was not in fact misled thereby. 

Approved February 24, 1882. 



Notices in cases 
of injuries on 
highways. 



Chap. 37 



Boundary line 
ebtJiblinhed be- 
tween ("liiliiiurk 
and Tisbury. 



An Act to establish the boundary link between tue towns 

OF CIHLMARK and TISBURY. 

Be it enacted, etc., as follows : 

Section 1. The boundary line between the towns of 
Cliilmark and Tisbury, in accordance witii tlie report of 
the commissioners appointed under chapter twenty-two 
of the resolves of the year eighteen hundred and eighty- 
one, is hereby fixed and cstaljlished as follows : — 

Beginning at a copper liolt in a rock lying in the wash 
of the X'iiieyard Sound and marked with the letters C and 
T cut theieon; thence running south-easterly in a straight 



1882. — Chapter 37. 39 

line to a stone monument, marked as aforesaid, standing 
on the ridge of a hill in land of John Davis, north-easterly 
of the house of the late Captain William Ferguson, now 
occupied b}^ Captain Francis O. Rotch ; thence running 
south-easterly in a straight line to the centre of a rock on 
or near the top of a hill known as the Great Rock ; thence 
running south-easterly in a straight line to a stone monu- 
ment, marked as aforesaid, standing in the field of John 
Davis, formerly known as Case's field ; thence running 
south-easterly in a straight line to a stone monument, 
marked as aforesaid, standing at or near Nab's Corner on 
the northerly side of the south road leading from Tisbury 
into Chilmark, formerly known as the schoolhouse path; 
thence running north-easterly by the northerly side or line 
of said road to a stone monument, marked as aforesaid, 
standing on the northerly side of said road about eleven 
feet south-westerly from the middle line of Tyasquan 
Brook ; thence running south-easterly^ across said road by 
a course parallel to the middle line of said brook to a 
stone monument, marked as aforesaid, standing on the 
southerly side of said road about eleven feet south-westerly 
from the middle line of said brook ; thence running north- 
easterly by the southerly side or line of said road to the 
middle line of said brook ; thence running south-easterly 
by the thread of the stream of said Tyasquan Brook to the 
pond called Great Tisbury Pond ; thence running due east 
from the mouth of said brook to the middle line of said 
pond ; then turning southerly and following the courses 
and curves of said middle line of the pond (meaning there- 
by a line drawn midway between its east and west shores 
at natural low-watei; mark, so as to divide said pond as 
nearly as may be into two equal parts, disregarding the 
coves and creeks of water connected therewith), to the 
beach or bluff on the south side of said pond at a point 
midway between the south-east and south-west corners 
thereof ; thence running due south across said beach or 
bluff to the sea. The town of Chilmark shall embrace all 
the territory of the island of Martha's Vineyard between 
said boundary line and the town of Gay Head on the west, 
including also the island called No Man's Land; and the 
town of Tisbury shall embrace all the territory of said 
island of Martha's Vineyard between said boundary line 
and the towns of Edgartown and Cottage City on the east. 

Section 2. The towns of Chilmark and Tisbury shall Rental of 
each receive one-half of the rental hereafter payable under ^'■'^^'- ^'"°'^" 
the lease of said Great Pond. 

Approved February 27, 1882. 



40 



1882. — Chapters 38, 39, 40, 41. 



Chap. 38 An Act to change the name of the north bridgewater gas 

LIGHT COMPANY. 

Be it enacted, etc., as follows: 
Name changed. SECTION 1. The Corporate name of the North Bridge- 
water Gas Light Company, organized under the general 
laws of the Commonwealth, is hereby changed to the 
Brockton Gas Light Company. 

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

Approved February 28, 1S82. 

Chap. 39 An Act to extend the charter op the commercial wharf 

COMPANY. 

Be it enacted, etc., as follows: 

Section 1. The limitation now existing to the dura- 
tion of the charter of the Commercial Wharf Company 
under chapter fifty-one of the acts of the year eighteen 
hundred and thirty-tw^o is hereby repealed and annulled ; 
but said corporation shall be and remain subject to the 
same duties, liabilities and restrictions as are provided by 
general laws applicable to such corporations. 

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

Approved, February 28, 1882. 



Charter 
extended. 



Chap. 40 



May hold addi- 
tional real aud 
personal estate. 



Chap. 41 



Additional 
associate, iuH- 
tice to be ap- 
pointed. 



BalarlcB. 



An Act to authorize the young men's christian association 
of lynn to hold additional real and personal estate. 

Be it enacted, etc., as folloivs : 

Section 1. The Young Men's Christian Association of 
Lynn, incorporated under chapter one hundred and forty- 
two of the acts of the year eighteen hundred and seventy-, 
is hereby authorized to hold real and personal estate to an 
amount not exceeding two liundred thousand dollars. 

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

Approved February 28, 1882. 

An Act concerning the appointment of an additional as- 
sociate JUSTICE for the municipal COURT OF THE CITY OF 
BOSTON. 

Be it enacted, etc., as folloivs : 

Section 1. There shall be appointed in the manner 
provided by the constitution one additional associate jus- 
tice of the municipal court of the city of Boston, so that 
there shall be one chief justice and three associate justices 
thereof. 

Section 2. The salaries of said chief justice and three 
associate justices shall be three thousaiul dollars each per 
year, the same to be paid as now provided by law. 



1882. — Chapters 42, 43, 44. 41 

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

Approved February 28, 1882. 

Ax Act relative to the appointment op sealers of weights Chop. 42 

AND MEASURES IN CITIES. 

Se it enacted, etc., as follows : 

Section 1. Section eight of chapter sixty-five of the Seaierstobe 
Public Statutes is hereby amended by striking out the maydrand^^ 
words " city council," in the first line, and inserting in aldermen. 
their place the words " mayor and aldermen." 

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

Approved February 28, 1882. 

An Act relating to the death, resignation, absence or Chctp. 43 

DISABILITY OF THE JUSTICES OF CERTAIN MUNICIPAL COURTS 
IN THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Section forty-two of chapter one hundred in case of death, 
and fifty-four of the Public Statutes is hereby amended by dmYestobVpe'r- 
adding at the end thereof the following words : "In case ucToUmllher . 
of the death, resignation, absence or disability of all the co^^t. 
justices of either of the said municipal courts (except the 
municipal court of the city of Boston), the duties of justice 
of such court may at the request of the clerk thereof, or, 
if there is no clerk, at the request of the constable or other 
officer in attendance thereon, be performed for the time 
being by the justice or by a special justice of either of the 
other of said municipal courts." 

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

Approved March 1, 1882. 

An Act to provide for j'he laying out of public parks Chan. 44 

AND squares in THE CITY OF NEWTON. 

Be it enacted, etc., as follows : 

Section 1. The city council of the city of Newton May take land 
shall have power to take land from time to time by pur- square's^* ""'^ 
chase, gift, devise or otherwise for public parks and squares 
in said city, and to take and to hold in trust, or otherwise, 
any devise, grant, gift or bequest for the purpose of laying 
out, improving or ornamenting any parks and squares in 
said city, and may provide by ordinances for the govern- 
ment, use, care and superintendence of such parks and 
squares, either by said city council, or if said council shall 
so decide by such persons as may be appointed by the 
mayor and aldermen of said city, and for breaches of such 
ordinances may affix penalties not exceeding twenty dol- 

6 



42 



1882. — Chapter 44. 



No liability to 
be incurred 
oxc('])tby a two- 
thirds vote of 
city council. 



Description of 
latid taken to be 
liU^d in registry 
of deeds. 



Assessments for 
btittermenta. 



Assessment to 
constitute a lien 
upon estate. 



" Public Tark 
Loan." 



lars for one offence : providt'd, Tiotvever, that no land shall 
be so taken or liability created or money expended there- 
for or upon any such park or square, except by a two- 
thirds vote of all members of each branch of said city 
council taken by yeas and nays. 

Section 2. Said city shall within sixty days after the 
taking of any land under this act file in the registry of 
deeds for the southern district of the county of Middlesex 
a description of such land sufficiently accurate for identi- 
fying the same. The title of lands so taken shall vest in 
the city of Newton. In case said city and the owner of 
any such land do not agree upon the damage of such tak- 
ing, such damage shall be ascertained, determined and 
paid in the same manner as is provided for the asf^essment 
and payment of damages for the taking of land for high- 
ways. 

Section 3. At any time within two years after any 
land is taken or purchased for a park or square under this 
act, the city council of said city of Newton, if in its 
opinion any real estate in said city receives any benefit 
and advantage from such taking or purchasing, or from 
the locating and laying out of a park or square under this 
act, beyond the general advantages to all real estate in 
said city, may adjudge and determine the value of such 
benefit and advantage to any such real estate, and may 
assess upon the same a proportional share of the cost of 
land so purchased or taken, and of the expense of laying 
out, grading and making such park or square ; but in no 
case shall the assessment exceed one-half of the amount 
of such adjudged benefit and advantage. 

Section 4. Assessments made under the preceding 
section shall constitute a lien \\\fc)n tlie real estate so as- 
sessed, and shall be collected and enforced, Avith the same 
rights to owners to surrender their estates, and the same 
proceedings thereupon, and with the same rights of and 
proceedings upon ai)[)eal, as are provided by chapter fifty- 
one of tlie Public Statutes of this Commonwealth. 

Section 5. The city council of said city of Newton 
shall have authority to issue from time to time, and to an 
amount not exceeding the amount actually expended for 
the purchase or taking of lands for said parks and squares, 
bonds or certificates of debt, to be denominated on the 
face thereof " Public Park Loan," and to bear interest at 
such rates, and to be payable at such periods as said city 
council may determine. For the redemption of such loan, 
the said city council shall establish a sinking fund, suffi- 



1882. — Chapter 45. 43 

cient witli the accumulating interest to provide for its 
payment at maturity. All sums paid for betterments shall sinking fund, 
be paid into said sinking fund until such sum shall amount 
to a sum sufficient with its accumulations to pay at ma- 
turity the bonds for the security of which the fund was 
established. 

Section 6. This act shall not take full effect unless subject to 
accepted by a majority of the legal voters of said city ma/Jvity wte^ 
present and voting thereon at the annual state election in of legai voters, 
the present year, notice thereof being duly given, and bal- 
lots returned, as is provided for ballots at elections held in 
said city. 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-two, entitled ' An Act to provide for the laying out 
of public parks and squares, in the city of Newton,' be 
accepted ? " It shall be the duty of the board of aldermen 
to certify as soon as may be after said meeting to the sec- 
retary of the Commonwealth, the number of ballots cast 
in favor of the acceptance of this act, and the number 
cast against its acceptance ; and if it shall appear that a Secretary to 
majority of the ballots have been cast in favor of accept- cateuponac- " 
ance, the secretary shall immediately issue and publish his ceptanceofact. 
certificate declaring this act to have been duly accepted. 

Section 7. So much of this act as authorizes and 
directs the sul)mission of the question of its acceptance to 
the legal voters of the city of Newton, shall take effect 
upon its passage. Approved 3Iarch i, 1882. 

An Act to incorporate the trustees of the james w. Chap, 45 

HALE FUND. 

Be it enacted., etc., asfoUoivs: 

Section 1. Edward P. Terhune, Courtland W. Ana- corporators, 
ble, Francis J. Wagner and Robert O. Morris, all of 
Springfield in the county of Hampden, trustees of the 
funds created for charitable purposes by the will of James 
W. Hale, late of said Springfield, deceased, and their suc- 
cessors in said trust, are hereby made a corporation by the 
name of the Trustees of the James W. Hale Fund, for Name and 
the purpose of managing said funds and dispensing said p"'P"*®- 
charities with greater facility and security ; with all the 
powers and privileges and subject to all the restrictions, 
duties and liabilities set forth in the general laws which 
now are or hereafter may be in force and applicable to 
such corporations. 

Section 2. Said corporation may hold all such notes, Corporate 

■"■ powers. 



44 



1882. — Chapter 46. 



Obligations of 
truiitties. 



Certain taxes 
to be refunded. 



Property ex- 
empted from 
taxation. 



Chap. 46 



ifuy issue bonds 
and Bcciire tiie 
same by mort- 
gage. 



mortgages, deeds and moneys as may have been given or 
transferred to the trustees aforesaid in their said capacity, 
and may sue and recover upon the same without any 
special or further conveyance or transfer thereof to the 
said corporation ; and may hold and dispose of real estate 
to any amount which may have been by said trustees, or 
may be by said corporation, taken as security for or in 
payment of any debt due to said trustees or said corpora- 
tion. 

Section 3. Nothing in this act contained shall be con- 
strued as altering the mode of ascertaining the persons 
who shall be trustees of said funds from time to time 
which is provided in said will; nor as relieving such trus- 
tees from the obligation of giving bonds as required by 
law, or from any liability which tliey raa}^ have incurred 
or hereafter may incur by virtue of such bonds ; nor as 
restricting, enlarging, or in any way changing the provis- 
ions of said will, or the scheme of charity therein set 
forth. 

Section 4. The city council of the city of Springfield 
is hereby authorized to direct the payment from the treas- 
ury of said city to said corporation of a sum equal to tlie 
amount paid as taxes by said trustees to said city in the 
year eighteen hundred and eighty-one, to be held and 
used by said corporation as income of said trust fund in 
the manner provided by said will. 

Section 5. All of the funds and property aforesaid 
shall be exempted from taxation. 

Approved March I, 1882. 

An Act to enable the winnisimmet company to fund its 
debt and to secure the same bi' mortgage. 

Be it enacted^ etc., as follows: 

Section 1. The Winnisimmet Company, incorporated 
by chapter one hundred and ninety -seven of the acts of 
the year eighteen hundred and thirty-three, is hereby 
authorized and empowered to fund its debt, by the issue 
of its bonds, to an amount not exceeding seventy-five 
thousand dollars, payable in twenty years, with the option 
on the part of said company of paying the same in ten 
years from their date ; such bonds to be issued and dated 
within two montlis from the passage of this act, and to 
bear interest at a rate not exceeding six per centum per 
annum, payable semi-annually ; and may secure tlie same 
by a mortgage of its assets. 

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

Aj^proved March 1, 1882. 



1882. — Chapters 47. 48. 



45 



An Act to change 



THE NAME OF THE 
ORGAN COMPANY. 



MASON AND HAMLIN CIlOp. 47 



Be it enacted, etc., as folloivs: 

Section 1. The corporate name of the Mason and Name changed. 
Hamlin Organ Compan}^ organized under the general 
laws of the Commonwealth, is hereby changed to the 
Mason and Hamlin Organ and Piano Company. 

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

Approved March i, 1882. 

An Act to establish harbor lines at east boston. Chap. 48 

Be it enacted, etc., as follows: 

Section 1. The lines hereinafter described shall be. Harbor lines 
and the same hereby are, established as lines beyond East^Boston. 
which no wharf or pier shall be extended into and over 
the tide waters of the Commonwealth. Beginning at a 
point A on the westerly side of Meridian street Bridge 
and about sixty-three feet southerly from the draw, and 
marked by a copper tack and an iron plate, in latitude 
forty-two degrees, twenty-three minutes, six and two hun- 
dred and thirty-three thousandths seconds, longitude sev- 
enty-one degrees, two minutes, two and five hundred and 
ninety-six thousandths seconds; thence straight south- 
westerly eight hundred and seventeen and nine-tenths feet 
to point B, in latitude forty-two degrees, twenty-three min- 
utes, one and eight hundred and forty-seven thousandths 
seconds, longitude seventy-one degrees, two minutes, 
eleven and seven hundred and fifty thousandths seconds ; 
thence straight more southerly eight hundred and eighty- 
four and three-tenths feet to point C, near McKay's 
Wharf, in latitude forty-two degrees, twenty-two minutes, 
fifty-three and six hundred and sixty-three thousandths 
seconds, longitude seventy-one degrees, two minutes, fif- 
teen and eight hundred and seventy-five thousandths 
seconds ; thence straight southerly and a little westerly 
one thousand seven hundred and seventy-three and nine- 
tenths feet to point D, the north-westerly corner of 
Green's Wharf, in latitude forty-two degrees, twenty-two 
minutes, thirty-six and one hundred and forty-four thou- 
sandths seconds, longitude seventy-one degrees, two min- 
utes, sixteen and five hundred and forty-one thousandths 
seconds ; thence straight southerly and a little more west- 
erly one thousand one hundred and twenty-three and four- 
tenths feet to point E, nearly opposite Burnham's dry 
dock, in latitude forty-two degrees, twenty-two minutes, 



46 



1882. — Chapter 49. 



twent3'-five and two hundred and ten thousandths seconds, 
longitude seventy-one degrees, two minutes, nineteen 
and one hundred and nine thousandths seconds ; thence 
straight south-westerly nine hundred and ninety-four and 
seven-tenths feet to j)oint F, the north-westerly corner of 
Mayo's south wharf, in latitude forty-two degrees, twenty- 
two minutes, sixteen and four hundred and two thou- 
sandths seconds, longitude seventy-one degrees, two min- 
utes, twenty-four and nine hundred and eighty-seven 
thousandths seconds ; thence southerly four hundred and 
seventy-four and six-tenths feet on a curve of five hun- 
dred and twelve and three-tenths feet radius, tangent at F 
to the line EF, and curving easterl}^ to the point G, in 
latitude forty-two degrees, twenty-two minutes, eleven 
and eight hundred and seventy-nine thousandths seconds, 
longitude seventy-one degrees, two minutes, twenty-four 
and nine hundred and sixty-four thousandths seconds; 
thence straight south-easterly, tangent at G to the curve 
FG, two thousand five hundred and ninety-one and three- 
tenths feet to the point H, near the Eastern Railroad and 
Cunard Wharves, in latitude forty-two degrees, twenty- 
one minutes, forty-nine and nineteen thousandths seconds, 
longitude seventy-one degrees, two minutes, nine and four 
hundred and twenty-one thousandths seconds ; thence 
more easterl}^ along the front lines of the Cunard and 
Grand Junction Wharves, one thousand and eighteen and 
three-tenths feet to the point I, the south-easterly corner 
of Pier four. Grand Junction Wharves, in latitude forty- 
two degrees, twenty-one minutes, fortv-three and eight 
hundred and eighty-eight thousandths seconds, longitude 
seventy-one degrees, one minute, and fifty-seven and seven 
hundred and fifty-three thousandths seconds. 
Repeal. SECTION 2. All harbor lines heretofore established up- 

on any part of the frontage covered by this act are hereby 
repealed. 

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

Approved March i, 1SS2. 

Chap. 49 An Act puoviding that when cukistmas day occurs on sun- 
day TUB DAY FOLLOWING SHALL BE A LEGAL PUBLIC HOLI- 
DAY. 

Be it enacted, etc., as follows: 

When Christmas day occurs on Sunday the following 

day is hereby made a legal public holiday, to all intents 
lowinKday to be ^^^([ purposcs, iu the sauic manner as Thanksgiving, Fast 
a ega o uy. ^^^^ Christmas days, the twenty-second day of February, 



When Christ, 
mas occurs on 
Sunday, tlic fol 



1882. — Chapters 50, 51, 52. 



47 



the thirtieth clay of May, and the fourth day of July, are 
now by law made public holidays. 

Approved March i, 1882. 

An Act to provide for publishing the names of the mem- Chan. 50 

BERS OP BOARDS OF INVESTMENT OF SAVINGS BANKS AND 
institutions FOR SAVINGS. 

Be it enacted^ etc., as follows : 

Section 1. The trustees of every savings bank and NameBofinvest- 
institutiou for savings, incorporated under the authority plfwifliMihi"'^^ 
of this Commonwealth, shall cause to be published semi- newspaper, 
annually in some newspaper published in the county in 
■which such corporation is located, the names of the mem- 
bers of the board of investment or other officers of such 
corporation charged with the duty of investing its funds. 
The first publication thereof shall be within thirty days of 
the election of said of&cers and the second publication at 
the expiration of six months therefrom. 

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

Approved March 9, 1882. 



An Act to authorize the st. john's catholic total absti- 
nence AND MUTUAL RELIEF SOCIETY TO HOLD ADDITIONAL 
REAL AND PERSONAL ESTATE. 

Be it enacted, etc., as foUoics : 

Section 1. Section two of chapter two hundred and 
forty of the acts of the 3'ear eighteen hundred and forty- 
six is amended so that the St. John's Catholic Total Ab- 
stinence and Mutual Relief Society is authorized to hold 
real and personal estate to the amount of ten thousand 
dollars for the purposes named in said act. 

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

Approved March 9, 1882. 

An Act to authorize the home for aged women to hold 
additional real and personal estate. 

Be it enacted, etc., as follows: 

Section 1. The Home for Aged Women in the city 
of Boston, originally incorporated by chapter one hundred 
and sixty-two of the acts of the year eighteen hundred 
and forty-nine, is hereby authorized to hold real and per- 
sonal estate to an amount not exceeding in all eight hun- 
dred thousand dollars. 

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

Approved March 9, 1882. 



Chap. 5 1 



May hold 
additional real 
and personal 
estate. 



Chap. 52 



May hold 
additional real 
and personal 
estate. 



48 



1882. — Chapters 53, 54. 



Penalties for 
taking lisli or 
lobsters from 
traps, trawls, 
etc. 



Gars to be snp- 
plied with cer- 
tain tools. 



Chap. 53 An Act for the protection of traps, trawls and seines. 
Be it enacted^ etc., as follows: 

Section 1. Any person who shall take any fish or 
lobster from any trap, trawl or seine set for catching fish 
or lobsters, except by consent of the owner thereof, and 
any person who shall wilfully molest or interfere with such 
trap, trawl or seine, shall for the first offence be punished 
by a fine of not less than five nor more than twenty-five 
dollars, or by imprisonment for thirty clays, or by both fine 
and imprisonment; and for any subsequent offence by a 
fine of not less than twenty nor more than fifty dollars, or 
by imprisonment for sixty days, or both fine and imprison- 
ment. 

Section 2. This act shall take effect forty days after 
its passage. Approved March 11, 1882. 

Chap. 54 An Act to amend chapter one hundred and twelve of the 

PDBLIC STATUTES, REQUIRING RAILROAD CARS TO BE FURNISHED 
WITH CERTAIN TOOLS, AND FOR FURTHER PROTECTION OF PAS- 
SENGERS AGAINST FIRE. 

Be it enacted, etc., as follows: 

Section 1. Section one hundred and seventj'-one of 
chapter one hundred and twelve of the Public Statutes is 
hereby amended by striking out the words " and such 
other tools and appliances as the board may direct," and 
inserting in place thereof the following words : " and shall 
also equip each car of every passenger train, owned or 
regularly used by it, including mail and baggage cars, with 
two sets of tools, consisting of an axe, a sledge-hammer, a 
crowbar, hand-saw and pail. All such tools and appliances 
shall be maintained in good condition for use in case of 
accident, and shall be kept, one set upon the inside and 
one upon the outside of each such car, in some convenient 
place and manner approved by the board : provided, that 
one set shall be sufficient if so placed as to be accessible 
from both inside and outside such car." 

Section 2. Chapter one hundred and twelve of the 
Public Statutes is further amended b}' adding at the end 
of section two hundred and five the following words: 
" Whoever unlawfully uses, removes or tampers with an}"- 
tools or appliances carried on the cars, as required by sec- 
tion one hundred and seventy-one of this chapter, shall be 
punished by fine not exceeding one hundred dollars, or by 
imprisonment not exceeding three months, or by both fine 
and imprisonment." 
safcKimrdg Section 3. Evcrv drawing-room or sleeifingr car, pas- 

agulnsl lire In JO i: G ' i 



Proviso. 



Penalties for 
tampering with 
tools. 



1882. — Chapters 55, 56. 



49 



senger, baggage, mail, and express car, owned or regularly passenger cars, 
used on any railroad in this Commonwealth, in which 
heating apparatus may be placed, shall be provided with 
such safeguards for protection against fire as may be ap- 
proved in writing by the board of railroad commissioners. 
An}"- corporation violating the provisions of this section 
shall forfeit for each offence three hundred dollars. The 
provisions of this section shall take effect the first day of 
JNovember, one thousand eight hundred and eighty-two. 

Section 4. The railroad commissioners shall have Railroad com- 

., 1 ,. . • j,i • niissioners may 

power to require railroad corporations to equip their cars require other 
with such other appliances as in their judgment shall be J^ppUances. 
deemed necessary for the further protection of life in all 
passenger trains used in this Commonwealth. 

Approved March 11, 1882. 

An Act relating to the publication of notices of peti- Chap. 55 

TIONS for partition OF LANDS. 

Be it enacted, etc., as follows: 

Section 1. Section fifty-one of chapter one hundred Amendment to 
and seventy-eight of the Public Statutes is hereby amend- 
ed by inserting before the word " newspapers," the words 
" newspaper or." 

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

Approved March 11, 1882. 

An Act to authorize the proprietous of the locks and Chap. 56 

CANALS ON MERRIMACK RIVER TO DISCONTINUE A PART OF 
THE "LOWER FREE LANDING" IN THE CITY OF LOWELL. 

Be it enacted, etc., as follows: 

Section 1. The second section of chapter one hun- Landing places 
dred and thirly-two of the acts of the year eighteen hun- mackViver i"a 
dred and thirty-five, being " An Act to regulate the toll 
on Patucket Canal," is hereby so amended that the pro- 
prietors of the locks and canals on Merrimack River shall 
not be required by force thereof hereafter to maintain any 
landing place below the "swamp locks" in the city of 
Lowell, except that portion of the landing place known 
as the "lower landing," which is described as follows, to 
wit : — Beginning at the south-easterly corner of land of 
the city of Lowell, and thence running south-westerly on 
said land seventy-five feet ; thence at a right angle, south- 
easterly to Patucket Canal ; thence north-easterly on said 
canal seventy-five feet, and thence at a right angle north- 
westerly to said land of the city of Lowell and the point 
of beginning. But nothing in this act shall release said 

7 



the city of 
Lowell. 



50 



1882. — Chapters 57, 58, 59. 



Su'bject to 
aesent by city 
council. 



Be-location of 
passenger sta- 
tion at Btocl^- 
bridge. 



corporation from any duty or obligation which it is now 
under to maintain as a free landing that portion of said 
"lower landing" which is above described, nor impose any 
duty, obligation or liability not imposed by the first named 
act. 

Section 2. This act shall take effect when assented to 
by the city council of the city of Lowell by concurrent 
vote of the two branches thereof. 

Approved March 11, 1882. 

Chap. 57 An Act providing for the re-location of the depot at 

STOCKBRIDGE, ON THE STOCKBRIDGE AND PITTSFIELD KAIL- 
ROAD. 

Be it enacted, etc. , as follows : 

Section 1. The board of railroad commissioners is 
hereby authorized, at any time prior to the twentieth day 
of May in the year eighteen hundred and eighty-two, to 
re-locate the passenger station at Stockbridge, which chap- 
ter two hundred and twenty-eight of the acts of the year 
eighteen hundred and eighty-one requires the Housatonic 
Railroad Company to build. Said Housatonic Railroad 
Company shall have thirty days' notice before tlie time of 
such re-location, and an opportunity to be heard thereon. 

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

Approved March 11, 1882. 

Chap. 58 An Act to authorize the county commissioners for the 

COUNTY OF PLYMOUTH TO LAY OUT A HIGHWAY AND CON- 
STRUCT A BlilDGE, ACROSS AN ARM OF THE SEA IN IIINGIIAM. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners for the county 
of Plymouth are hereby authorizetl and empoweied to lay 
out a highway and construct a bridge across an arm of the 
sea in the town of Hingham in said county between town 
wharf, so called, and the wharf of James F. Clement. 
Said commissioners in laying out and constructing said 
road and bridge shall in all respects proceed as is now pro- 
vided by law for laying out and constructing highways. 

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

Approved March 11, 1SS2. 



Highway and 
bridge across 
an arm of tlie 
sea in Uixigbam 



LA SOCIETE FRANCO-BELGE 



Chap. 59 An Act to change the name of 

DE SECOURS MUTUELS ET DE BIENFAISANCE 

Be it enacted, etc., as follows: 
Name changed. SECTION 1. The name of "La Socidt^ Franco-Beige de 
Secours Mutuels et de Bienfaisauce," a corporation existing 



1882. — Chapters 60, 61. 51 

under the general laws of the Commonwealth, is hereby- 
changed to " La Prdvoyance, Soci^t^ de Secours Mutuels 
de Langue Fran^aise." 

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

Approved March 11, 1882. 

An Act to confirm the doings op the first dniversalist Chap. 60 

SOCIETY IN ATTLEBOROUGH. 

Be it enacted, etc., as follows: 

Section 1. The proceedings of the First Universalist Proceedings 
Society in Attleborough, incorporated by chapter one hun- '=°"*^''°*^<^- 
dred and sixty of the acts of the year eighteen hundred 
and seventeen, showing the following informalities ; — 
First, That the annual meetings of the society have been 
called by the clerk instead of the society committee, as 
the statutes direct, no by-law on the subject having been 
adopted; — Second, That the annual meetings have been 
held in January instead of December, as the statutes pro- 
vide ; — Third, That the records of said society do not 
show that the officers thereof have always been sworn to 
the faithful discharge of their duties, shall not be con- 
strued as invalidating the legal organization of the society, 
but its legal status is hereby fully established and con- 
firmed notwithstanding these and any other similar infor- 
malities. 

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

Approved March 11, 1882. 

An Act to incorporate the trustees of the chapter of Chap. 61 

THE CHI PSI fraternity IN WILLIAMS COLLEGE. 

Be it enacted, etc., as follows: 

Section 1. Edmund T. Davis, Marshall C. Hayes, corporators. 
John S. Adriance, their associates and successors, are 
made a corporation under the name of the " Trustees of Name and 
the Chapter of the Chi Psi Fraternity in Williams Col- p"'p°'"- 
lege," for the purpose of holding and managing the real 
estate and personal property of the said chapter, with the 
powers and privileges and subject to the duties, liabilities Powers and 
and restrictions set forth in the general laws which now '^^"^*- 
are or may hereafter be in force relating to such corpora- 
tions. 

Section 2. The said corporation is hereby authorized May hold 
to hold meetings for the purposes mentioned in this act. New York! 
in the city of New York, as well as in this Common- 
wealth. 



52 



1882. — Chapters 62, 63. 



May lease road 
to Old Colony 
Railroad. 



Real and per- SECTION 3. The Said Corporation may receive, pur- 

fiouai estate. chase, hold and convey real and personal property for the 
uses of said chapter, provided, that the value of the real 
estate so held at any time shall not exceed twenty thou- 
sand dollars, and said property shall not be exempt from 
taxation. 

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

Approved March 11 , 1882. 

Chap. 62 An Act to authorize the fall river railroad company 

TO lease its railroad, franchise and other PROPEKTy. 

Be it enacted, etc., as follows: 

Sectton 1. The Fall River Railroad Company is here- 
by authorized to lease its railroad, franchise and other 
property to the Old Colony Railroad Company upon such 
terms and conditions as the parties may mutually agree 
upon, and it may make and execute, by a vote of a major- 
ity of the stockholders present and voting at a meeting 
duly called for the purpose, a valid and binding lease 
therefor. 

Section 2. The Old Colony Railroad Company is 
hereby authorized to secure the payment of the interest 
upon the first mortgage bonds of said Fall River Railroad 
Company as a part of the rental to be paid under said 
lease, upon such terms and conditions as may be agreed 
upon between the holders of said bonds and the said Old 
Colony Railroad Company ; and the said Old Colony Rail- 
road Company by a vote of its directors may also enter 
into and bind itself by such lease, and may hire and hold 
during the period thereof the railroad, franchise and other 
property of the said Fall River Railroad Company. 

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

Approved March 11, 1882. 

Chap. 63 An Act to establish the salary of the clerk of the 

POLICE court of LOWELL. 

Be it enacted, etc., as follows: 
Baiaryofckik. The aiiuual salary of the clerk of the police court of 
Lowell shall be twelve hundred dollars, from the first day 
of January in the year eighteen hundred and eighty-two. 

Approved March 11, IS 82. 



Security for 
payment of 
interest upon 
first mortgage 
■bonds to be 
part of rental. 



1882. — Chapters 64, 65, 66. 



53 



Town may pay 
a bounty to 
Lyraaa H. 
Chase. 



An Act to authorize the town of essex to pay a bounty Chap. 64 

TO LYMAN H. CHASE. 

Be it enacted, etc., as follows: 

Section 1. The town of Essex is hereby authorized 
to raise a sum of money not exceeding one hundred and 
twenty-five dollars and to pay the same as a bounty to 
Lyman H. Chase, who re-enlisted and was credited to the 
quota of said town under the call made by the president 
of the United States on the seventeenth day of October 
in the year eighteen hundred and sixty-three : provided, 
that the said town shall not be re-imbursed by the Com- 
monwealth for any money paid under authority of this act. 

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

Approved March 11, 1882. 

An Act fok the protection of striped bass and bluefish Chap. 65 

IN THE WATERS OF EDGARTOWN. 

Be it enacted, etc., as follows: 

Section 1. Whoever at any season of the year shall 
set, stretch or draw any seine or net of any kind in any 
of the waters of the town of Edgartown, excepting the 
Oyster Pond, the Great Pond, and Job's Neck Pond, for 
the purpose of taking or catching striped bass or bluefish, 
shall forfeit the sum of one hundred dollars for each 
offence. 

Section 2. Whoever shall take or catch at any season 
of the year in any of the waters of the town of Edgar- 
town, excepting the ponds named in the preceding sec- 
tion, any striped bass or bluefish, by means of any seine 
or net of any kind, shall forfeit one dollar for each and 
every fish so taken or caught. 

Section 3. One-half of .the money recovered in any 
case arising under this act shall be paid to the person 
making the complaint and the remainder to the Common- 
wealth. 

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

Approved March 11, 1882. 

An Act to authorize the supreme council American legion Chap. 

OF HONOR TO HOLD ITS ANNUAL MEETINGS WITHOUT THE 
COMMONWEALTH . 

Be it enacted, etc., as follows: 

The Supreme Council American Legion of Honor may Mayhoid 
hold its annual meeting in any state wherein a grand annual meeting 
council of said association is established ; and its acts at 
such meetings shall have the same effect as if done within 
the Commonwealth. Approved March 11, 1882. 



Penalty for set- 
ting or drawing 
seine or net for 
striped bass or 
bluefish. 



Penalty for tak- 
ing bluefish, etc. 



Disposition 
of money 
recovered. 



66 



without the 
state. 



54 



1882. — CHArxERs 67, 68. 



May increase 
capital stock. 



Chap. 67 An Act to authorize an increase of the capital stock of 

THE LOWELL HOSIERY COMPANY. 

Be it enacted^ etc., as follows : 

Section 1. The Lowell Hosiery Company is hereby 
authorized to increase its capital stock by an amount which 
together with the capital heretofore authorized shall not 
exceed in the aggregate three hundred thousand dollars, 
and to invest such increase in real and personal estate 
necessary and convenient for carrying on the business of 
said company. 

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

Approved March 11, 1882. 



Chap. 68 An Act to incorporate the new England quick transit 

STEAMSHIP company. 



Corporators. 



Name jind 
purpose. 



Powers and 
duties. 



May construct 
ship yards, etc. 



Capital stock 
and shares. 



Be it enacted, etc., as follows : 

Section 1. Charles E. Moody, Henry Hastings, Thomas 
H. Knowles, Irving A. Evans, James A. Penfield, Thomas 
Dana, A. Perr}^ Bliven, Holmes M. Jernegan, J. Harley 
Johnston, their associates and successors, are hereby made 
a corporation by the name of the New England Quick 
Transit Steamship Company, to be established in the city 
of Boston for the purpose of building, chartering and sell- 
ing vessels to be propelled by steam or other power, and 
of transporting passengers and freight between Boston 
and one or more foreign ports. Said corporation shall 
possess all the powers and privileges and be subject to all 
the duties, restrictions and liabilities set forth in chapters 
one hundred and five and one hundred and six of the 
Public Statutes, and 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, 
so far as the same are applicable. 

Section 2. Said corporation, subject to the general 
laws, may purchase or construct and maintain such ship 
yards, docks, wharves, elevators, warehouses and other 
structures as may be necessary or convenient for its busi- 
ness. 

Section 3. The capital stock of said corporation shall 
not be less than two million dollars and may be increased 
from time to time by vote of the corporation to an amount 
not exceeding five million dollars, and shall be divided 
into shares of the par value of one hundred dollars each ; 
but said corporation shall not begin its business until the 
whole amount of the capital stock as then fixed shall have 



1882. — CiiArTER 69. 



55 



been paid into its treasury and a certificate thereof filed 
in the office of the secretary of the Commonwealth in the 
manner and form required by sections forty-six, forty-seven 
and forty-eight of chapter one hundred and six of the 
Public Statutes. 

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

Approved March 11, 1882. 

An Act to enable the south adams fire district to fur- 
nish AN additional SUPPLY OF WATER. 

Be it enacted, etc., as follows : 

Section 1. The South Adams fire district is authorized 
by and through its prudential committee, for the purpose 
of furnishing an additional supply of water for the objects 
mentioned in chapter one hundred and ninety-seven of 
the acts of the year eighteen hundred and seventy-three, 
to take and hold the water of Dry Brook, so called, in the 
towns of Windsor, Cheshire and Adams, and the water 
which may flow into or from said brook, and any water 
rights connected therewith, and to convey said water to 
and through the villages named in section one of said 
chapter ; and said fire district may take and hold, by pur- 
chase or otherwise, any land necessary for forming res- 
ervoirs, and for laying and maintaining aqueducts for 
conducting and distributing said water ; and may take 
and hold any land on or near said brook, so far as may be 
necessary for the preservation and purity of the water 
therein. 

Section 2. Said fire district shall be liable to pay all 
damages to property sustained by any person or corporation 
by the taking of any lands, water or water rights by said 
fire district, or by the lajdng or maintaining of any aque- 
ducts or other works for the purposes aforesaid. Any 
person or corporation sustaining damages as aforesaid, and 
unable to agree with said prudential committee upon the 
amount of such damages, may have them assessed in the 
manner provided by law with respect to land taken for 
highways. Any person or corporation whose water rights 
are thus taken or affected may apply as aforesaid within 
two years from the time the water is actually withdrawn 
or diverted, and not thereafter. 

Section 3. For the purpose of defraying the expenses 
which may be incurred by said fire district in carrying 
into effect the powers granted by this act, the town of 
Adams may issue from time to time notes, scrip, or cer- 
tificates of debt, to be denominated on the face thereof 



Chap. 69 



May take -water 
from Dry 
Brook. 



May take land 
for reservoirs. 



Liability for 
damages. 



Adams Water 
Scrip not to ex- 
ceed $-2u,ooo. 



56 



1882. — Chapter 70. 



IntprcBt to be 
p;iifi si'iiii- 
aunually. 



Town raay 
assess taxes 
for payment of 
principal and 
interest. 



District to file 
in registry of 
deeds a descrip- 
tion of the land 
taken. 



*' 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 payable semi- 
annually, and the principal shall be payable not more than 
twenty years from the issue of said notes, scrip, or certifi- 
cates. All notes, scrip, or certificates issued as aforesaid 
shall be signed by the treasurer of said town and counter- 
signed by the chairman of the selectmen, and a record of 
said notes, scrip, or certificates shall be made and kept by 
the treasurer. The town of Adams may loan said notes, 
scrip, or certificates to the said fire district, upon such 
terms and conditions as may be prescribed by said town ; 
and said fire district may sell the same or any part thereof, 
or pledge the same for money borrowed for the purposes 
aforesaid, upon such rates or upon such terms as the 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, water or water rights, 
as before provided, file in the registry of deeds for the 
northern district of the county of Berkshire an accurate 
description of the lands, water and water rights so taken ; 
and said fire 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 chapter 
one hundred and ninety-seven of the acts of the year 
eighteen hundred and sevent^'-three are hereby extended, 
and shall apply to any lands, dams, and works taken, 
erected, or maintained by said fire district under and by 
virtue of this act. 

Section 7. This act shall take effect upon its passage. 

Approved March 11, 1S$2. 

Chap. 70 An Act for layikg got a public park in the town of 

QDINCV. 

Be it enacted, etc., as follows : 

Section 1. The inhabitants of the town of Quincy 
may at any legal meeting called for the j)ur])Ose elect three 
commissioners and prescribe their terms of office. Said 
commissioners shall constitute a board of park commis- 
sioners, and any vacancy occurring in said board shall be 
To servo with- filled in such manner as the town may direct. Said com- 
uaii^a?^^*"^' missioners shall serve without compensation. 



Provisions of 
1873, 110, § 1, 
to apply. 



Park commis- 
Bioners to be 
elected. 



1882. — Chapter 70. 



57 



Section 2. Said board shall have power to locate 
■within the limits of the town of Quincy one or more pub- 
lic parks ; and for that purpose, from time to time, to take 
and hold by purchase or otherwise any and all such lands, 
except as hereinafter provided, as said board may deem 
desirable therefor, or to take bonds for the conveyance 
tliereof to said town ; to lay out, improve, govern and 
regulate any snch park or parks ; 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 appoint 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 offi- 
cers, and fix their compensation ; and generally to do 
all needful acts for the proper execution of the powers 
and duties granted to or imposed upon said town or said 
board by this act : provided,, however^ that no land shall be 
taken until an appropriation sufficient to cover the esti- 
mated expense thereof shall have been made by a two- 
thirds vote of the voters present and voting at a meeting 
legally held ; and provided,, further ,, that no taking of lands 
otherwise than by purchase shall be valid unless it is re- 
ported to the town, filed, accepted and allowed, as pro- 
vided by section seventy-one of chapter forty-nine of the 
Public Statutes in the case of laying out town ways. 

Section 8. Said board of commissioners are expressly 
authorized to take in fee such portion or portions of land 
left by the will of the late Ebenezer Woodward to the 
said town of Quincy for the purposes therein mentioned, 
as they shall be instructed to take by a two-thirds vote 
of the voters of said town of Quincy present and voting 
at a meeting legally held, and in that event the select- 
men, town treasurer and town clerk of said town of 
Quincy, as they are trustees under said will, shall convey 
in fee to said commissioners such land as said commis- 
sioners are instructed to take, and the inhabitants of 
Quincy shall thereupon pay over to said trustees such a 
sum of money as three appraisers, not being inhabitants 
of said town, to be appointed by any justice of the su- 
preme judicial court, may find to be the fair and reasona- 
ble value of the land thus taken, which sum the said 
trustees shall receive, hold and apply to the same uses 
and trusts and for the same purposes to which such land 
had been dedicated to by the said will of the late Eben- 
ezer Woodward : provided^ that this act shall not authorize 



May locate one 
or more parks. 



To appoint 
engineers and 
other officers. 



Land not to be 
taken until mon- 
ey is appropri- 
ated. 



May take in fee 
land left by will 
of Ebenezer 
Woodward. 



Proviso. 



58 



1882. — Chapter 70. 



To file in regis- 
try of deeds a 
description of 
the laud talicn. 



Estimation of 
damages. 



Liability for 
damages. 



Streets not to 
be laid out In 
park. 



CommissionerB 
to report 
annually. 



Subject to ac- 
ceptance by 
voters. 



any proceeding which shall in any manner create a forfeit- 
ure under the terms and conditions of said will. 

Section 4. Said board shall, within sixty days after 
the acceptance by the town of their report of the taking 
of land under tliis act, file in the registry of deeds for the 
county of Norfolk a description thereof sufficiently accu- 
rate for identification. 

Section 5. Said board shall, except as hereinbefore 
provided, 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 person aggrieved by any such determina- 
tion of said board may have his damages assessed as in 
case of land taken for highways. 

Section b. The fee of all lands taken or purchased 
by said board under this act shall vest in the inhabitants 
of the town of Quincy, and said town shall be liable to 
pay all damages assessed or determined, as provided in the 
preceding section, and all other costs and expenses in- 
curred 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 bequest that may be made for the purpose of laying 
out, improving or ornamenting any parks in said town. 

Section 7. No street or way and no steam or horse 
railroad shall be laid out over any portion of any park 
located under this act, except at such places and in such 
manner as said board shall approve. 

Section 8. 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 9. This act shall not take full effect unless 
accepted by a majority of the legal voters of said town 
present and voting thereon by ballot and using the check 
list at a meeting which shall be held for that purpose dur- 
ing the ensuing year. Said ballot shall be "3'es." or 
" no," in answer to the question " Shall an act passed by 
the legislature of the Commonwealth in the year eighteen 
hundred and eighty-two, entitled ' An Act for laying out 
a public park in the town of Quincy,' be accepted?" 
Such meeting shall be called, notified and warned in the 
same manner in which meetings for the election of town 
officers 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 number 



1882. — Chapters 71, 72. 



59 



of ballots cast in favor of the acceptance of this act, and the 
number cast against said acceptance ; and if it shall appear 
tliat a majority of the ballots have been cast in favor of 
such acceptance, the said secretary shall forthwith issue 
and publish his certificate declaring this act to have been 
duly accepted. 

Section 10. So much of this act as authorizes and 
directs the submission of the question of its acceptance to 
the legal voters of the town of Quincy shall take effect 
upon its passage. Approved March 11, 1882. 

An Act to authorize the first parish in dorchester to Chap. 71 

SELL certain REAL ESTATE. 

Be it enacted, etc., as follows: 

Section 1. The First Parish in Dorchester is hereby May seii real 
authorized to sell at public or private sale, at such time or **'*'^' 
times as it may choose and for such prices as it may see 
fit, the whole or any part of the following described real 
estate: — the "great wood lot," so called, situate in Mil- 
ton in the county of Norfolk, containing sixty acres, one 
quarter, and twenty-seven rods; the "gravel hole," so 
called, situate in said Milton, containing one acre, one 
quarter, and thirty-seven rods ; the " purgatory swamp," 
so called, in the Dorchester district of Boston in the county 
of Suffolk, containing twelve acres, and thirty-two rods ; 
the " Indian hill " lot, in said Dorchester district of said 
Boston, containing seven acres, ten rods ; the " ministerial 
meadow," so called, opposite the almshouse, in said Dor- 
chester district of said Boston, containing two quarters, 
thirty-eight rods. The treasurer of said parish for the 
time being shall have authority to execute and deliver 
deeds to convey the same in fee simple or otherwise. 

Section 2. The proceeds of the sale of said lands 
shall be permanently invested in such manner as the 
standing committee of said parish shall direct ; and the 
income arising therefrom shall be applied exclusively to 
the support of the ministry in said parish. 

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

Approved March 11, 1882. 

An Act to incorporate the south congregational ceme- Chap. 72 

TERY association, IN THE TOWN OF DENNIS. 

Be it enacted, etc., as follows: 

Section 1. Miller W. Nickerson, Alvan Small, Howes Corporators. 
Baker, Dr. C. M. Hulbert, Benjamin M. Nickerson, their 
associates and successors, are hereby made a corporation 



Investment of 
proceeds of 
Bale. 



60 



1882. — Chapter 73. 



Powers and 
duUes. 



Organization of 
corporation. 



May hold real 
and personal 
estate. 



Name and by the uaiiie of the South Congref^ational Cemetery Asso- 

puipose. ciation, for the purpose of perfecting, controllmg and 

improving the grounds set apart, used and known as the 
South Congregational Burial Ground, and the South Con- 
gregational Cemetery, situated and lying within one 
enclosure in the southerly part of the town of Dennis in 
the county of Barnstable ; and said corporation shall have 
all the powers and privileges, and be subject to all the 
duties, restrictions and liabilities set foi-th in the general 
laws which now are or hereafter may be in force applicable 
to similar corporations, except as is hereinafter provided. 

Section 2. A majority in number and interest of the 
proprietors of said burial ground and said cemetery, pres- 
ent and voting at a meeting legally notified for such pur- 
pose, may organize said corporation under this act. 

Section 3. The said corporation may acquire by gift, 
bequest, devise or purchase, and hold in fee simple, so 
much real estate, and may also hold so much personal 
property, as may be necessary for the objects connected 
with and appropriate to the purposes of said corporation. 

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

Approved March 11^ 1882. 

Chap. 73 An Act to provide for the testing of locomotive boilers. 
Be it enacted, etc., as follows: 

Section 1. The board of railroad commissioners shall 
as soon as may be adopt, publish and communicate, to 
every corporation or person operating a railroad or any 
portion of a railroad in this Commonwealth, regulations 
for testing the boilers of locomotives. 

Section 2. After three months from the publication 
of said regulations, any corporation or person using on a 
railroad in this Commonwealth a locomotive the boiler of 
which has not been tested as provided by said regulations 
shall be liable to a penalty of twenty dollars for every day 
of such use, to be recovered for the use of the Common- 
wealth by fine imposed on complaint before any court or 
magistrate of competent jurisdiction. 

Section 3. Said board may from time to time revise 
said regulations, and when such revision has been commu- 
nicated to any corporation or person operating a railroad 
or portion of a railroad in this Commonwealth it shall 
liave the same effect as to such person or corporation as if 
originally adopted by said board. 
Boilers to be SECTION 4. Nothing in this act shall be construed to 

te? mec'imlTic* authorizc thc appointment by the board of any person to 



Locomotive 
boilers to bo 
tested. 



Penalty for non- 
compliance with 
regulations. 



Retrulations 
may be revised, 
etc. 



1882. — Chapters 74, 75, 76. 61 

test locomotive boilers. All the testing of such boilers of corporation 
under the regulations of said board shall when possible be ^^i'''" p"'"*'^'«- 
done by the master mechanic of the corporation, firm or 
person constructing or repairing such boilers, or using 
them on a railroad in this Commonwealth. 

Approved March 16, 1882. 

An Act relative to the preservation op check lists in QJigp^ 74 

CITIES. 

Be it enacted, etc., as foUoivs: 

Section 1. Section twenty-nine of chapter seven of Preservation of 
the Public Statutes is hereby amended by adding at the ciues. 
end thereof the following words : 

" And preserved in his custody for the same length of 
time as is now required by law for the preservation of bal- 
lots ; and as soon as may be thereafter he shall transmit 
said lists to the board acting as a board of registrars of 
voters for such city, and said board shall receive and 
preserve the same on file." 

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

Approved March 16, 1882. 

An Act to regulate sales under power of sale in mort- Chap. 75 

GAGES. 

Be it enacted, etc., as follows: 

The seventeenth section of chapter one hundred and Publication of 
eighty-one of the Public Statutes is hereby amended by under powtr of 
inserting after the word "situated" in the tenth line 
thereof, the words "and if no newspaper is published in 
such city or town, then in some newspaper published in 
the county where the mortgaged premises are situated." 

Approved March 16, 1882. 

An Act relating to personal estate subject to taxation. Chap. 76 
Be it enacted, etc., as folloios: 

Section 1. Section four of chapter eleven of the Pub- ^'^J^'^'^^'"^^' ^^^ 
lie Statutes is hereby amended in the sixth line by strik- 
ing out the word "due," and inserting in place thereof 
the words " or indebtedness." 

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

Approved March 16, 1882. 



sale in mort- 
gages. 



62 



1882. — Chapters 77, 78, 79. 



Chap. 77 An Act to puovide fou the custody of books and papers 

OF INSOLVENT SAVINGS BANKS. 



Kecoivcrs to de- 
posit books, 
Cite, wllli com- 
missioncrti ut 
end ol a yi?ar 
after scltlurncnt 
ordered by 
court. 



Amendment to 
1870, 16. 



Be it enacted, etc., as follows: 

Section 1. Receivers of insolvent savings banks and 
institutions for savings shall, at the end of one year after 
final settlement ordered by the court, deposit with the 
commissioners of savings banks all books and papers of 
such insolvent savings banks and institutions for savings, 
including those relating to their receivership. And said 
commissioners shall receive and hold the same in some 
proper repository in the state iiouse. 

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

Approved March 16, 1882. 

Chaj). 78 An Act to amend " an act to incorporate the boston 

POLICE RELIEF ASSOCIATION," RELATIVE TO DEATH BENEFITS. 

Be it enacted, etc. , as follows : 

Section 1. Chapter sixteen of the acts of the year 
eighteen hundred and seventy- six is hereby amended so 
that the benefit to accrue by reason of the decease of 
members of the Boston Police Relief Association, or their 
wives, may be extended to such members as may be 
retired under section five of chapter two hundred and 
forty-four of the acts of the year eighteen hundred and 
seventy-eight and the amendments to the same: provided, 
that such retired members shall have no voice in the gov- 
ernment of said association, shall comply with the by-laws 
thereof, and shall receive no benefit from said association 
for sickness or disability. 

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

Approved March 16, 1882. 

Chap. 79 An Act to incorporate the baker and iioimon cemetery 

ASSOCIATION, IN THE TOWN OF REIIOBOTH. 

Be it enacted, etc., as follows: 

Section 1. Nathaniel H. Ilorton, Levi Baker, Ange- 
lina Baker, John Baker, Mary J. C. Baker, John A. 
Davis, Melinda Davis, Mason Baker, Julia I. Baker, Lizzie 
Z. Baker, Sarah A. Baker, Susan Baker, Mary A. Davis, 
their associates and successors, are hereby made a corpo- 
ration by the name of the Baker and Ilorton Cemetery 
Association, for the ])urposes of establishing and maintain- 
ing a place for the burial of the dead, to be located in the 
town of Rehoboth in the county of Jiristol ; and said cor- 
poration shall have all the powers and privileges, and be 



Corporators. 



Name and 
purpuBe. 



Powers und 
duticM. 



1882. — Chapter 80. 



63 



subject to all the duties, liabilities and restrictions of the 
statutes applicable to similar corporations. 

Section 2. Said corporation may hold real and per- Reaiandper- 
sonal estate for the purposes aforesaid, not exceeding in '"^°'* " 
amount the sum of five thousand dollars. 

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

Approved March 16, 1882. 

An Act to authouize the union of the old colony rail- Chap. 80 

ROAD COMPANY AND THE BOSTON, CLINTON, FITCHBURG AND 
NEW BEDFORD RAILROAD COMPANY. 

Be. it enacted, etc., as follows: 

Section 1. The Old Colony Railroad Company is iiajiroads may 
authorized to unite with the Boston, Clinton, Fitchburg 
and New Bedford Railroad Company on such terms and 
conditions and with such guarantees as may be mutually 
agreed upon by said corporations at meetings of the stock- 
holders thereof duly called for that purpose, and with this 
view the former corporation is further authorized to pur- 
chase and hold the stock of the latter corporation : pro- 
vided, however, that the assent of the Boston, Clinton, 
Fitchburg and New Bedford Railroad Company to such 
union shall be given by a majority interest of the holders 
of preferred stock, and a majority in interest of the hold- 
ers of the common stock. The name of the united cor- 
poration thus authorized shall be the Old Colony Railroad 
Company, and said corporation shall have and enjoy all 
the franchises, powers, privileges, property and rights of 
every kind belonging to the Old Colony Railroad Com- 
pany, now so called, and to the lioston, Clinton, FitchWurg 
and New Bedford Railroad Com])any, or either of them, 
and shall assume all the duties, debts and liabilities of said 
corporations, and shall be subject to all general laws which 
now are or hereafter may be in force relating to railroad 
corporations. 

Section 2. The Old Colony Railroad Company, after May issue 
said union, may issue bonds under the mortgage dated 
January first, eighteen hundred and eighty, made by tlie 
lioston, Clinton, Fitchburg and New Bedford Railroad 
Company, and ratified and confirmed by chapter seventy 
of the acts of the year eighteen hundred and eighty, 
in the same manner and to the same extent as the said 
Boston, Clinton, Fitchburg and New Bedford Railroad 
Company was therein authorized ; but the bonds and obli- 
gations of said last named company which have been or 
may be acquired or paid under the terms of said mort- 



Name of united 
corporation. 



64 



1882. — Chapter 81. 



Capital stock. 



Certificates of 
votes for union 
to be tiled, etc. 



gage, and now are or may hereafter be in the possession 
of the trustee under said mortgage, shall not be computed 
as a part of the debt of said Old Colony Railroad Com- 
pany under the provisions of law relating to the issue 
of bonds or notes. The cajntal stock of the Old Colony 
Railroad Company, upon said union, shall not exceed the 
amount of the authorized capital stock of said two corpo- 
rations ; but it may, after said union, increase its capital 
stock to twelve millions of dollars, the new stock to be 
issued in accordance with existing laws, and the proceeds 
thereof applied to the payment and reduction of its debt, 
and to providing additional equipment and improvements 
of its railroad and other property. 

Section 3. Whenever said corporations shall vote to 
unite as aforesaid, copies of the votes whereby such union 
is assented to certified by the respective clerks of said 
corporations shall be filed in the office of the secretary of 
the Commonwealth, and also with the board of railroad 
commissioners. 

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

Approved March 16, 1882. 

Chap. 8 1 An Act to allow the new England trust company to make 

ADDITIONAL INVESTMENTS. 

Be it enacted, etc. , as follows : 

Section 1. The New England Trust Company, incor- 
porated under chapter one hundred eighty-two of the acts 
of the year eighteen hundred and sixty-nine, may, in addi- 
tion to the investments which it is now authorized to 
make, invest the mone3^s intrusted to it,, or in any way 
received by it, in the notes of manufacturing corporations 
created by the laws of any of the New England states, 
the property of which is unencumbered by mortgage, and 
which have paid a dividend for the two years next preced- 
ing such investment ; also to take as collateral upon the 
notes of individuals, citizens of this state, for a period not 
exceeding four months, the bonds of cities in the United 
States containing at least one hundred thousand inhab- 
itants, whose net indebtedness does not exceed five per 
cent, of the valuation of the taxable property therein, to 
be ascertained by the last preceding city valuation for 
the assessment of taxes, and selling in the market above 
par : provided, that said bonds shall be taken at not over 
eighty per cent, of the market value thereof. 

Section 2. This act shall take effect upon its accept- 
ance by the New England Trust Company. 

Approved March 16, 1882. 

[Acccptea April 10, ISSJ.J 



May make 
additional 
inveutmenta. 



1882. — Chapters 82, 83, 84. 



65 



Chap. 82 



Time for organ- 
ization ex- 
ttnded. 



An Act allowing the somerville whauf and improvement 
company further time to organize. 

Be it enacted, etc., as foUoivs : 

Section 1. The Somerville Wharf and Improvement 
Company, incorporated by chapter one hundred and forty- 
seven -of the acts of the year eighteen hundred and eighty, 
may organize under said act at any time within one year 
from the passage of this act. 

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

Approved March 16, 1882. 

An Act to change the corporate name of the old colony Chap. 83 

AND HINGHAM steamboat COMPANY. 

Be it enacted, etc., as follows: 

Section 1. The corporate name of the Old Colony Name changed, 
and Hingham Steamboat Company, incorporated under 
the general laws of the Commonwealth, is changed to the 
Hingham, Hull and Downer Landing Steamboat Company. 

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

Approved March 16, 1882. 



An Act to authorize the city of fall river to lay out 
and construct a street or way in and through the 
brightman burial ground. 

Be it enacted, etc., as follows: 

Section 1. The city of Fall River is hereby author- 
ized to lay out and construct the street or way known as 
Benefit Street in and through the private burial ground 
known as the Brightman burial ground and situated at 
and around the intersection of said Benefit Street, as pro- 
posed to be laid out, and Border City Street : provided, 
that no burial lot in which are buried the remains of the 
dead shall be entered upon under the provisions of this 
act until such remains shall have been removed to some 
other cemetery and duly interred therein, with all head- 
stones as they now exist transferred so as to mark their 
appropriate graves, without expense to the owner of or 
persons interested in such burial lot. 

Section 2. Said city shall be liable, to the owners of 
and all parties interested in said burial lot, to pay all dam- 
ages sustained in their property by the taking of any lands 
under the provisions of the preceding section. If said 
owners or any party interested as aforesaid cannot agree 
with the city upon the amount of said damages they or he 
may have said damages assessed in the same manner as is 



Chap. 84 



City may lay 
out street 
through a 
burial ground. 



Liability for 
damages. 



66 



1882. — Chapters 85, 86. 



Relieved from 
making returns 
to the secretary 
of the Common- 
wealth. 



provided in case of taking land for highways : provided. 

that any application for a jury to assess said damages shall 

be made within one year after said damages are sustained. 

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

Approved March 16, 1882. 

Chap. 85 An Act to relieve the Massachusetts hospital life insur- 
ance COMPANY FROM MAKING CERTAIN UETUKNS TO THE SEC- 
RETARY OF THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

Section 1. Section eleven of chapter one hundred and 
eighty of the acts of the year eighteen hundred and seven- 
teen, being "An Act to incorporate the Massachusetts 
Hospital Life Insurance Compan}-," is amended by striking 
out near the beginning of the section the following words: 

"It shall be the duty of the directors of the corpo- 
ration hereby created, once in each year, to make a full, 
fair and explicit statement of all their real estate, funds 
and investments of every kind whatever, which shall be 
subscribed and verified by the oath of a majority of the 
directors; and on or before the tenth day of January, 
annually, to deliver the same to the secretary of the Com- 
monwealth, who shall cause the same to be laid before the 
governor and council and." 

Section 2. This act shall take effect upon its accept- 
ance by the Massachusetts Hospital Life Insurance Com- 
pany. Approved 3 f arch 16, 1882. 



Chap. 86 An Act to incorporate the peabodt institute of danvers. 



CorporatorB. 



Name. 



ProvlBO. 



Be it enacted, etc., as follows: 

Section 1. Samuel P. Fowler, Daniel Richards, Joshua 
Silvester, Francis Peabody, and their associates, trustees 
of the Peabody Institute of Danvers, and their successors 
in office, are hereby made a corporation by the name of 
the Peabody Institute of Danvers, with all' the powers 
and privileges, and subject to all the duties, liabilities and 
restrictions set forth iit the general laws relating to similar 
corporations : provided, however, that it shall not be neces- 
sary 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 the Peabody Institute, 
and their successors to be chosen by the legal voters of the 
town of Danvers in the manner heretofore jnestribed and 
used, shall constitute and be said corporation, and shall 
proceed to act and to fulfil their duties under their present 



1882. — Chapters 87,- 88. 



67 



organization, and according to such rules and regulations 
as now exist, or may be hereafter legally established. 

Section 2. Said corporation shall hold all the funds To how 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 purposes 
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 Dan vers at a town 
meeting held on the twenty-eighth day of June in the 
year eighteen hundred and fifty-two, or as may have been 
since or may hereafter be prescribed by the town of Dan- 
vers, 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 Proviso, 
the aforesaid funds, together with such real and personal 
estate as may be added thereto, shall not exceed three 
hundred thousand dollars. 

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

Approved March 16, 1882. 

An Act to establish the salary of the clerk of the Chap, 87 

FIRST DISTRICT COCRT OF EASTERN MIDDLESEX. 

Be it enacted, etc., as folloios: 

The annual salary of the clerk of the first district court salary of cierk. 
of Eastern Middlesex shall be one thousand dollars from 
the first day of January in the year eighteen hundred and 
eighty -two. Approved March 16, 1882. 

An Act relating to the location and construction of Chap. 88 

TRACKS OF THE LYNN AND BOSTON RAILROAD COMPANY. 

Be it enacted, etc. , as folloios : 

Section 1. Section four of chapter one hundred and Location of 
fifty-two of the acts of the year eighteen hundred and 
eighty-one is hereby amended by striking out at the 
end thereof the following words, " But no track shall be 
located or constructed from Lynn into Swampscott farther 
than Mudge'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 2. This act shall take effect upon its passage. 

Approved March 16, 1882.' 



68 



1882. — Chapter 89. 



Channel may 
be altered, 
etraigbtened, 
etc. 



Chap. 89 An Act to authorize the defining and improvement 

OF THE CHANNEL OF MERRIMACK RIVER IN THE CITY OF 
LOWELL. 

Be it enacted^ etc., as follows: 

Section 1. To facilitate the construction and for the 
greater safety and convenience of highways and bridges 
across Merrimack River, and for the purpose of improving 
the navigation and Avater power of said river, the city of 
Lowell, the proprietors of the locks and canals on Merri- 
mack River, the Lawrence Manufacturing Company, the 
Merrimack Manufacturing Company, the Boott Cotton 
Mills, and the Massachusetts Cotton Mills are authorized 
and empowered to alter, straighten, deepen, remove ob- 
structions from, and by their unanimous agreement define, 
establish and fix the boundaries of the bed and channel of 
said river within said city between the mouth of Beaver 
Brook and the easterly line of the public landing on the 
northerly side of said river, and the mouth of Concord 
River and westerly line of the public landing on the 
southerly side of said Merrimack River. Whenever said 
boundaries shall be so defined and fixed, the owners of 
lands abutting on said Merrimack River may construct 
and maintain walls and embankments thereon, and fill up, 
occupy and improve such lands to such boundaries. The 
city of Lowell for the purpose of constructing and main- 
taining highways, town ways and bridges which heretofore 
have been or hereafter shall be duly laid out or estab- 
lished to or across said Merrimack River, may construct 
and maintain abutments and embankments therefor to said 
boundaries, and suitable piers within the bed or channel so 
defined and fixed as herein authorized. All such walls, 
abutments, embankments or other works constructed or 
maintained under authority of this act, shall have suitable 
openings or culverts therein to permit the flowing into said 
Merrimack River of all water courses, sewers and drains 
now lawfully emptying into said river within the limits 
above described. 

Section 2. Before any wall, abutment, embankment 
or other work shall be constructed under authority of this 
act, said city and corporations shall cause a certificate set- 
ting forth and describing the boundaries of said bed and 
channel, defined and fixed as herein authorized, signed by 
tiie mayor of said city and the president or treasurer of 
each of said corporations to be recorded in the registry 
of deeds for the northern district of the county of Mid- 
dlesex, and also cause a map delineating such bounda- 



Certificates 
describing 
bonndarioa, 
channel, etc., 
to be filed be- 
fore work is 
coiuinenced. 



1882. — Chapter 89. 



69 



ries upon a scale of not less than one hundred feet to the 
inch, signed in like manner as said certificate, to be filed 
in said registry. 

Section 3. Any person whose property may be dam- Estimation and 
aged by the exercise or carrying into effect of the powers damages."^ 
or rights conferred by the first section of this act, except 
by the construction or maintenance of piers in said bed or 
channel, may have the amount of such damage deter- 
mined and may recover the same of said city and corpo- 
rations in the manner provided in chapter one hundred 
and twelve of the Public Statutes for the estimation 
and recovery of damages occasioned by the laying out, 
construction and maintenance of railroads : provided^ the Proviso, 
application for the estimation of such damages shall be 
made within three years after the recording of the certifi- 
cate and filing of the plan required by section two ; but 
no person shall be entitled to recover damages under this 
act on account of any act or thing which said cit\^ or cor- 
porations or any or either of them would have a right to 
do without liability to such person for damages occa- 
sioned thereby, if this act had not been passed. In esti- 
mating the damages allowance by way of set-off shall be 
made for any benefit to the property of such person by 
any deepening, widening or straightening of the bed or 
channel of said Merrimack River, or removing of obstruc- 
tions therefrom by said city and corporations or any of 
them, as well as for any other benefit that shall have 
resulted to the property of such person by the carrying 
into effect of any of the powers granted by this act after 
this act shall take effect and before the final determina- 
tion of such damages. 

Section 4. All expenses that shall be incurred by said Payment of 
city and corporations or either of them in carrying into •'^p'^"®®^- 
effect and exercising the powers and rights granted by 
this act, and in ascertaining and satisfying the damages 
thereby to property of any person, shall be paid by said 
city and corporations respectively in such proportions as 
shall be agreed between them. Said city and corporations 
may make such contracts between themselves for carrying 
into effect the powers hereby granted and the prevention 
and removal of obstructions in said Merrimack River and 
paj'ment of the expenses thereof, as they may deem expe- 
dient, and the performance and observance thereof by 
them respectively may be enforced by suitable proceed- 
ings at law or in equity by the supreme judicial court: 
provided, such contract shall be in writing and recorded 



70 



1882. — Chapter 90. 



Rights of the 
cUy not im- 
paired. 



Subject to 
acceptance. 



in the same registry and at the same time as the certifi- 
cate required by section two. 

Section 5. This act shall not impair any right which 
the city of Lowell now has to lay out, construct or main- 
tain any highway, townway or bridge to or across said 
Merrimack River ; nor shall it affect the riglit or remedy 
of any person for damage occasioned by the laying out, 
construction or maintenance of any highway, townway or 
bridge, except for damages occasioned by the construc- 
tion or maintenance of abutments or embankments there- 
for under authority of this act and for which remedy is 
herein specially provided. 

Section 6. This act shall be void unless accepted by 
the city council of said city, and by eacli of said cor- 
porations by vote of their respective boards of directors, 
within six months after the passage hereof. 

Approved March 17, 1882. 



Chap. 90 An Act to incorporate the white's ferry bridge company. 

Be it enacted, etc., as foUoius : 

Section 1. Benjamin J. Greeley, John P. Newell, 
Charles E. Jackson, their associates and successoi's, are 
made a corporation by the name of the White's Ferry 
Bridge Company, for the purpose of constructing and 
maintaining a pile bridge across North River between the 
towns of Marshfield and Scituate, at or near the easterly 
terminus of Sea Street in White's Ferry village in said 
town of Marshfield. 



Corporators. 



Name and 
purpose. 



Bridge to be at 
least twenty 
feet wide. 



Proviso. 



Real and per- 
sonal estate. 



Section 2. Such bridge shall be well built of suitable 
materials, shall be at least twenty feet wide and floored 
with planks, shall have sufficient railings on each side, 
shall have a suitable draw for the passage of vessels, and 
shall be kept in good repair at all times: provided, hoicever, 
that any structure built under this act shall be subject to 
the supervision and approval of the board of harbor and 
land commissioners as provided in section eight of chapter 
nineteen of the Public Statutes. 

Section 3. Said corporation may pinchase and hold 
such real and personal estate as may be necessary and 
proper for the purposes of this act, and shall have all the 
powers and privileges except the right to collect tolls, and 
be subject to all the duties, liabilities and lesirictions set 
forth in the general laws whicli now are or hereafter may 
be in force relating to such corporations. The cajiital 
stock of said corporation shall not exceed in amount ten 
thousand dollars. 



1882. — Chapters 91, 92. 



71 



Section 4. If said corporation neglects for the period Bridge to be 
of five years from the passage of this act to build and five years. 
finish such bridge, then this act shall be void. 

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

Approved March 17, 1882. 

An Act relating to the ocean terminal railroad, dock, and Chap. 91 

ELEVATOR COMPANY. 

Be it enacted^ etc., as follows : 

Section 1. The time within which the Ocean Terrai- Time extended 
nal Railroad, Dock, and Elevator Company may agree up'on^condmons 
with the Mystic River Corporation and the Ocean Termi- of purchase, 
nal Raih'oad Company upon the terms and conditions of 
the purchase of lands and other property belonging to the 
latter named corporations, as provided in section four of 
chapter two hundred and thirty-nine of the acts of the 
year eighteen hundred and eighty-one, is hereby extended 
one year, and until the sixth day of May in the year eigh- 
teen hundred and eighty-three. 

Section 2. In case said Ocean Terminal Railroad, Beitgaiiery 
Dock, and Elevator Company shall locate and build a B^rWge Ivenue. 
grain elevator on the north-westerly side of Chelsea 
Bridge Avenue, so called, in the city of Boston, said 
company is hereby authorized to construct and maintain, 
with the consent of the board of aldermen of the cit}^ of 
Boston, a belt gallery over said avenue, in order that grain 
may be conveyed through said gallery to vessels lying in 
the docks on the south-easterly side of said avenue. 

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

Approved March 18, 1882. 

An Act to authorize the town of adams to appropriate Chai). 92 

MONEY FOR THE PAYMENT OP EXPENSES INCURRED IN THE DIVIS- 
ION OF SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. The town of Adams is authorized to raise May raise 

1 . . /. , T • 1 money for ex- 

and appropriate a sum or money, not exceeding six hun- penses incmred 
dred dollars, for the payment of expenses incurred in Jegi's'iationTor 
obtaining legislation creating the town of North Adams 
out of the territory of said town of Adams, under chapter 
one hundred and forty-three of the acts of the year eigh- 
teen hundred and seventy-eight. 

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

Approved March 18, 1882. 



di^'ision of 
town. 



72 



1882. — Chaiters 93, 94. 



May pay cer- 
tain bounties 
to BoldierB. 



Chap. 93 An Act to authorize the town of acton to pay certain 

BOUNTIES. 

Be it enacted^ etc. , as follows : 

Section 1. The town of Acton is authorized, in the 
manner provided in section two of this act, to raise by 
taxation a sum of money not exceeding four thousand 
dollars and appropriate the same to the payment of a 
bounty of one hundred and twenty-five dollars to each 
soldier, and the legal representatives of each deceased sol- 
dier, who re-enlisted as a veteran in the twenty-sixth regi- 
ment of Massachusetts volunteers under the call of the 
president dated October seventeenth eighteen hundred 
and sixty-three, who was credited to said town and has 
never received therefrom any bounty for such re-enlist- 
ment : provided., that said town shall not be re-imbursed 
by the Commonwealth for any money paid under the 
authority of this act. 

Section 2. The selectmen of said town shall insert in 
the warrant for the annual meeting in April in the year 
eighteen hundred and eighty-two an article providing 
that a vote shall be taken on the question of laising such 
money and appropriating the same to the payment of 
such bounties. In voting upon tlie question the check 
list shall be used, and the polls shall be kept open at least 
four hours. The vote shall be by ballot, and ballots shall 
be "Yes," or "No," in answer to the question, "Will 
the town pay a bounty of one hundred and twenty-five 
dollars to each soldier, and the legal representatives of 
each deceased soldier, avIio re-enlisted as a veteran in the 
twenty-sixth regiment of Massachusetts volunteers under 
the call of the president dated October seventeenth eigh- 
teen hundred and sixty-three, who Avas credited to the 
town and has never received any bounty therefrom for 
such re-enlistment; and raise by taxation the sum of four 
thousand dollars for, and appropriate the same to, the 
payment of said bounties ? " 

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

Approved March 20, 1SS2. 



Subject to ac- 
ceptance by 
the town. 



Chap. 94 An Act to prevent disc rimination in freight rates ry rail- 
road CORPORATIONS. 



No (lincrlmina- 
tloii to be miije 
in ctiurges for 
freight. 



Beit enacted, etc., as follows : 

Section 1. No railroad corporation sliall discriminate 
in charges for the transportation of freight against or in 
favor of any person, firm or corporation, or demand or 



1882. — Chapters 95, 96, 97. 



73 



accept from any person, firm or corporation, for the trans- 
portation of freight, a higher or lower rate, or demand or 
grant terms more or less favorable, than those demanded 
or accepted from any other person, firm or corporation for 
like service. 

Section 2. Any railroad corporation violating the pro- Penalty for 
visions of this act shall, in addition to lial)ility for all 
damages sustained by reason of such violation, be liable 
to the penalty provided by section one hundred and nine- 
ty-one of chapter one hundred and twelve of the Public 
Statutes. Approved March 21, 1882. 



Filing of bonds 
in appeals in 
civil cases. 



An Act coxcerning appeals in the police, district and muni- Chap. 95 

CIPAL COURTS IN CIVIL CASES. 

Be it enacted, etc., as follows: 

Section 1. The provisions of section fifty-two of 
chapter one hundred and fifty-four of the Public Statutes, 
relating to the filing of bonds by parties appealing in civil 
proceedings in the municipal courts of the city of Boston 
and the execution thereof by attorneys of record, shall 
apply to the several municipal, police and district courts 
in the Commonwealth. 

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

Approved March 21, 1882. 



An Act fixing the compensation of officers in attendance Chap. 96 
UPON sheriffs' juries. 

Be it enacted, etc., as follows: 

Section 1. An officer in attendance upon a sheriff's compensation, 
jury shall receive four dollars for each day he attends 
upon them. 

Section 2. All acts and parts of acts inconsistent Repeal, 
with the provisons of this act are hereby repealed. 

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

Approved March 21, 1882. 



An Act to provide for the instruction and exercise of a Chap. 97 

PORTION of the volunteer MILITIA IN THE MANUAL AND DRILL 
OF HEAVY ARTILLERY. 

Be it enacted, etc., as follows : 

Section twenty-three of chapter fourteen of the Public Portion of the 

Statutes is hereby amended by adding to said section the dri'i'ied a°8 heavy 

following words : "one regiment or more of which, at the art'i'^ry- 

10 



74 



1882. — Chapters 98, 99. 



discretion of the commander-in-chief, shall be trained, 
instructed and exercised in the manual and drill of heavy 
artillery." AjJproved March 21, 1882. 



Penalty for 
catching in 
July female 
lobster bear 
eggs. 



Chap. 98 An Act to provide for the preservation of lobsters. 

Be it enacted, etc., as follows : 

Section 1. Section eighty-one of chapter ninety-one 
of the Public Statutes is hereby amended to read as 
follows: — "Section 81. Whoever during the month 
of July in any year catches or takes from any of the 

'"s waters of this Commonwealth any female lobster bear- 
ing eggs, shall be punished for each offence by a fine 
of not less than ten nor more than one hundred dol- 
lars, or by imprisonment in the house of correction for 
not less than one nor more than three months ; but a 
person catching or taking any such lobster during said 
month of July, and immediately returning it alive to the 
waters from which it was taken, shall not be subject to 
such penalty." 

Section 2. Section eighty-two of chapter ninety-one 
of the Public Statutes is hereby amended to read as 

sell- follows : — " Section 82. Whoever during the month 
of July in any year sells or has in his possession with 
intent to sell, any female lobster bearing eggs, taken 
in this Commonwealth, shall forfeit for each offence a sum 
not less than ten nor more than fifty dollars." 

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

Approved March 21, 1882. 



Penalty for 
ing, etc. 



Chap. 99 An Act to extend the time for the organization of the 

katama land company. 

Be it enacted, etc., as follows: 

Section 1. The time for the organization of the Ka- 
tama Land Company, under chapter one hundred and 
fifty-five of the acts of the year eighteen hundred and 
seventj'-two, is hereby extended to the first day of July 
in the year eighteen hundred and eight3'^-t\vo : provided., 
that said corporation when organized shall not thereby 
ac(|uire any right of action ui)on any subscription to its 
capital stock, unless made subsequent to the passage of 
this act. 

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

Approved March 21, 1882. 



Time for or- 
ganization 
extended. 



Proviso. 



1882. — Chapters 100, 101, 102. 



7D 



An Act concerning the veteran association of the inde- ChajJ. 100 

PENDENT CORPS OP CADETS. 

Be it enacted, etc., as follows : 

Section 1. The Veteran Association of the Independ- 
ent Corps of Cadets, incorporated by chapter eight of 
the acts of the year eighteen hundred and seventy -seven, 
may hold real and personal estate to an amount not 
exceeding two hundred and fifty thousand dollars. 

Section 2. The real estate now held or hereafter 
acquired by said corporation, so long as and to the extent 
that the same shall be used by the active volunteer militia 
organization designated by law as the First Corps of 
Cadets and its successors in accordance with the laws 
which now are or hereafter shall be in force relating to 
the militia, shall be exempt from taxation. 

Section 3. All acts and parts of acts inconsistent 
with the provisions of this act are hereby repealed. 

Approved March 21, 1882. 



Real and per- 
sona! estate not 
to exceed 

$250,000. 



Portion of real 
estate to be ex- 
empt from 
taxation. 



Repeal. 



An Act to authorize the city ot boston to permit the erec- Chap. 101 

TION OF certain FRAME OR WOODEN BUILDINGS WITHIN THE 
building LIMITS OF SAID CITY. 

Be it enacted, etc., as folloivs : 

The city council of the city of Boston may authorize May erect cer- 
the erection of frame or wooden buildings for market buiidinj;* within 
purposes within the building limits of said city, upon the ifmus^onhl 
conditions, that such buildings shall not exceed twenty- *=''y- 
seven feet in height, that all external parts thereof shall 
be covered with iron or other non-combustible material, 
and that the material used and the mode of erection shall 
be approved by the inspector of buildings of said city. 

Approved March 21, 1882. 



An Act concerning the fisheries in great pond and job's Chap. 102 

NECK pond in the TOWN OF EDGARTOWN. 

Be it enacted, etc., as follows : 

Section 1. The lessees holding from the commissioners Lessees may 
on inland fisheries a lease of Great Pond and Job's Neck au-lvi^s ax any 
Pond, in the town of Edgartown, may take smelts and "'^''• 
alewives from said ponds and from the ditches connecting 
them with each other and with the ocean, at all seasons 
of the year and without restrictions as to days. 

Section 2. Whoever other than said lessees takes any Peiiaityfor 
fish, except eels, from either of said ponds or ditches, out'ilrn^issToL' 



76 



1882. — Chapter 103. 



Harbor line 

e»t;iblished 
in Gloucester 
harbor. 



without the permission in writing of said lessees first ob- 
tained, shall foifeit one dollar for each fish so taken, and 
shall also forfeit any boat, net, line, rod or other apparatus 
used in such taking in accordance with the provisions 
of chapter one hundred and ninety-four of the Public 
Statutes. Api)roved March 21, 1882. 

Chap, 103 An Act to change a portion of the harbor line in Glouces- 
ter HARBOR. 

Be it enacted, etc., as follows: 

Section 1. The following described line is established 
as a portion of the harbor line bej'ond which no wharf or 
pier shall be extended into and over the tide-waters of the 
Commonwealth: — The line begins at a point in the pres- 
ent harbor line, distant four hundred and twentj-five feet 
north-westerly from monument C, being a granite post 
and marked as monument C on the map of the commis- 
sioneis on harbors and flats, dated October, eighteen 
hundred and sixty-five, said point being also the south- 
westerly corner of Shute and Merchant's wharf at East 
Gloucester ; and thence said line runs south-westerly in a 
straight line a distance of one hundred and fift3^-five feet 
to a point four hundi-ed and seventy feet from said monu- 
ment C ; thence southerly in a straight line eight hundred 
feet to a point on the line of the northerly side of the 
wharf belonging to Samuel Haskell, extended, and dis- 
tant eighty-five feet from the present liarbor line; thence 
south-westerly in a straight line two hundred and forty- 
eight feet to a point six hundied and eighteen feet distant 
from the north-east corner of the building formerl}^ known 
as engine house number six in East Gloucester, and one 
hundred feet distant from the present harbor line; thence 
soutli-westerly in a straight line about eleven liundred 
and forty feet to a point five hundred and thirty-two 
feet distant westerly from monument D, as sliown upon 
the aforesaid map, which point is also the most westerly 
corner of the wharf belonging to William Parsons, second, 
and Company. 

Section 2. The harbor line heretofore established 
upon that part of the harbor frontage covered by this act 
is superseded by the harbor line hereb}' establislied. 

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

Approved March 21, 1882. 



Por;ion of 
for ner Une 
supordeded. 



1882. — Chapters 104, 105. 



77 



Reconptruction 
of bridge by 
the county 
commissioners. 



Commissioners 
after notice and 
hearing to ap- 
portion ex- 
pense. 



An Act to provide for the reconstruction of a part of Chap. 104 

ESSEX MERRIMACK BRIDGE. 

Be it enacted^ etc., as follows : 

Section 1. The county commissioners for the county of 
Essex are hereby authorized and required, as soon as may 
be after the passage of this act, to reconstruct or build 
anew, subject to the approval of the board of harbor and 
land commissioners, that part of the Essex Merrimack 
Bridge which lies between Deer Island and the northern 
shore of the Merrimack River in the town of Salisbury, 
including a suitable draw not less than fifty feet wide and 
pier approaches thereto; and the said county commission- 
ers are hereby authorized to hire such sums of money as 
may be necessary to comply with the provisions of this act. 

Section 2. The said county commissioners shall, after 
due notice to all parties interested and after a hearing of 
all such parties, proceed to determine what cities and towns 
in said county receive particular and special benefit from 
the use of said bridge and draw, to apportion and assess 
upon said county and said cities and towns such an amount 
as they shall deem equitable and just for the cost of recon- 
structing said bridge and draw. Said county commission- 
ers shall also determine what proportion said county and 
said 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 
the care of the draw and repairs of said bridge, and paying 
for said service out of the treasury of such city or town, 
shall make a sworn statement to the said county commis- 
sioners of the annual expense thereof on or before the first 
day of January in each year; and the said county commis- 
sioners shall pay out of the treasury of said county to such 
city or town, after deducting its proportion of the annual 
expense, the balance which may be clue. 

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

Approved March 22, 1882. 



Expenses of 
care of draw 
and of repairs 
upon bridge. 



An Act relating to the ditching of south beach in the Chap. 105 
town of edgartown. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter seventy-five of the Amendment to 
acts of the year eighteen hundred and eighty-one is hereby 
so amended as not to require that the commissioners pro- 
vided for in said section shall be disinterested persons. 

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

Approved March 22, 1882. 



1881, 75, § 2. 



78 



1882. — Chapter 106. 



Taxation of for- 
eign ruining, 
quarrying and 
oil companies. 



Chap. 106 A.N Act in relation to the taxation of foreign mining, 

QUARRYING AND OIL COMPANIES. 

Be it enacted, etc., as follows: 

Section 1. Every corporation, company or association 
chartered or organized by authority other than that of this 
Commonwealth for the purpose of engaging without the 
limits of this Commonwealth in the business of coal mining 
(5r other mining, of quarrying, or extracting carbonaceous 
oils from the earth, or of purchasing or holding mines or 
lands without the said limits, which shall for any period 
exceeding ten days establish, set up, have, or keep princi- 
pal or branch subscription, treasury, or transfer office or 
agency within this Commonwealth, shall within thirty days 
after the setting up or establishment of such office or 
agency make and return to the secretary of the Common- 
wealth a certificate in manner and form to be approved by 
the commissioner of corporations, and signed and sworn 
to by its president, treasurer and a majority of its board of 
directors or trustees, setting forth the name of such cor- 
poration, company or association, the name of the state, 
territory, or foreign country under wliose laws it is organ- 
ized and whether specially chartered, or organized under 
the general laws theieof, its location in such state, territory 
or country, the location of its mines, quarries, oil wells, or 
lands, and the amount of its capital stock authorized by 
its charter or organization and the amount thereof actually 
called in by assessment or instalment, the place or places 
within this Commonwealth in which its office or offices are 
established or set up, and the names and residences of all 
those of its officers, directors, trustees and agents, who are 
citizens or residents of this Commonwealth. Such cor- 
poration, company or association shall also in said return 
designate, by his proper name and address, one of said 
officers oi- agents, a citizen or resident of this Common- 
wealth, as the attorney upon whom service maj'' be made 
of all process against such corporation, company or associa- 
tion in this Commonwealth. 

Section 2. Witliin thirty days after any meeting of 
the stockholders, members, directors, or trustees of any 
such corporation, compan}^ or association at which the capi- 
tal stock is increased or reduced, or any changes made in 
its board of officers, agents, directors or trustees, a like 
certificate shall be filed setting forth the facts as then 
established. 

Section 3. The fee for filine: and recordino- the certifi- 



Attorney to be 
dt'sif,'nated upon 
■whom process 
may be served. 



Certificate of 
increane or de- 
crease of capital 
to be tiled. 



1882. — Chapter 107. 



79 



cate required by sections one and two of • this act shall be Fee for filing, 
five dollars for each certificate, to be paid to the secretary ® '^" '^^'^ * '^'^ ^' 
of the Commonwealth, and by him paid into the treasury 
of the Commonwealth. 

Section 4. Each such corporation, company or asso- Tayestobe 
ciation shall semi-annually between the first and tenth f/'Jasu'rer^ofthe 
days of June and December in each year pay to the treas- Commonweaiih. 
urer of the Commonwealth a tax of one-fortieth of one per 
centum upon the par value of its capital stock as standing 
fixed by the corporation, company or association on the 
first days of May and November respectively then next 
preceding : provided, however, that said semi-annual tax 
shall not for any one of such corporations, companies or 
associations exceed the sum of three hundred dollars. 
And this tax when paid shall be in lieu of that required 
by section forty-three of chapter thirteen of the Public 
Statutes. 

Section 5. All officers, directors, trustees and agents officers, etc., 

r-T .• • •,• ■ .• £ liable for taxes. 

or such corporations, companies or associations, citizens or 
or resident or commorant within this Commonwealth, shall 
be jointly and severally liable for all taxes due under said 
section forty-three of chapter thirteen of the Public Stat- 
utes, and for fees required to be paid under the provisions 
of this act. 

Section 6. This act shall take effect upon its passage. 

Approved March 22, 1882. 



An Act making appropriations for expenses authorized the Chap. 107 

PRESENT TEAR, AND FOR OTHER PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are ap- Appropriations, 
propriated, to be paid out of the treasury of the Com- 
monwealth, from the ordinary revenue, unless otherwise 
ordered, for the purposes specified in certain acts and 
resolves of the present year, and for other purposes : — 

In the resolve chapter four, in favor of David B. Ten- 
ney, city treasurer of Haverhill, the sum of fifty dollars. 

In the resolve chapter six, in favor of the overseers of 
the poor of the town of Templeton, the sum of twenty-nine 
dollars and fifty -seven cents. 

In the resolve chapter seven, to provide for increasing state almshouse 
the barn accommodations of the state almshouse at Tewks- '^ *^ ^ ^^^'' 
bury, the sum of two thousand five hundred dollars. 

In the act chapter twenty-nine, relative to clerical assist- state library. 
ance in the state library, the sum of two hundred dollars. 



David B. Ten- 
ney. 



Town of 
Templeton. 



80 



1882. — Chapter 108. 



Survey of the 
Mystic. Valley. 



Dukes County 
teachers' asso- 
ciation. 

Small items of 
expenditure. 



Books for regis- 
tration of 
voters. 

Indexing senate 
journals. 



Expenses of 
state valuation. 



William Mag- 
ginnis. 

Charles S. Bol- 
ton. 



Melzar W. 
Coombs. 

Improvements 
in basement of 
the state house. 



Contingent 
expcnscK of 
harbor and 
land com- 
missionerB. 



For expenses incurred in the survey of the Mystic 
Valley and the neighborhood of Boston, as authorized by 
resolve chapter sixty-two, of the year eighteen hundred 
and eighty-one, the sum of two thousand dollars and 
eighty-four cents. 

For the Dukes County teachers' association, the sum of 
fifty dollars. 

For small items of expenditure for which no appropria- 
tions have been made, or for which appropriations have 
been exhausted or reverted to the treasury in previous 
years, a sum not exceeding one thousand dollars. 

For furnishing to cities and towns blank books for regis- 
tration of voters, a sum not exceeding one hundred dollars. 

For indexing senate journals, in accordance with an 
order of the senate, a sum not exceeding eight hundred 
dollars. 

For expenses of the state valuation, as authorized by 
chapter one hundred and sixty-three of the acts of the 
year eighteen hundred and eighty-one, a sum not exceed- 
ing three thousand dollars. 

In the resolve cliapter eight, in favor of William Mag- 
ginnis, the sum of three hundred and twenty-five dollars. 

In the resolve chapter ten, in favor of Charles S. Bolton, 
the sum of one hundred and seven dollars and thirty-three 
cents. 

In the resolve chapter eleven, in favor of Melzar W. 
Coombs, the sum of three hundred dollars. 

In the resolve chapter twelve, providing for the payment 
of certain bills in connection with the improvements in the 
basement of the state house, the sum of sixteen thousand 
nine hundred and forty-seven dollars and twenty cents. 

For the contingent expenses of the harbor and land com- 
missioners, a sum not exceeding five hundred dollars, in 
addition to the amount heretofore appropriated. 

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

Approved March 27, 1SS2. 



Chap. 108 An Act to authorize county commissioners to control 

TRAVEL OVER BRIDGES CONSTRUCTED OH MAINTAINED IN WHOLE 
OR IN PART BV A COUNTY. 

Be it enacted, etc., asfolloivs: 
Rate of speed SECTION 1. The couuty Commissioners for cacli countv 

may be regu- iiTiii j. t r •!• 

i.ited by county maycstahlish bv-hiws to prevent persons irom ruling or 

commii«ioner«. driving lioi'scs Or othcr beasts at a rate faster than a walk 

over any bridge in such county which has cost not less than 



1882. — Chapters 109, 110. 



81 



one thousand dollars and to the construction of which the 
county contributed, or to the maintenance of which it 
contributes ; and may annex penalties not exceeding two 
dollars for a breach thereof, to be recovered in the name 
of the county treasurer. 

Section 2. Police, district and municipal courts, and JuHsdicdon of 
trial justices, in the several cities and towns in which any viXdon.*"* ^"^ 
of such bridges terminate shall have jurisdiction of com- 
plaints for the violation on such bridges of the provisions 
of this act, in the same manner as if the offence was com- 
mitted within such city or town. 

Section 3. No person shall be liable to the penalty in By-iaws to be 
this act unless the county commissioners keep posted up posted!"""*'*^ 
in a conspicuous place, at each end of such bridges, a white 
board containing in black letters the substance of their 
said by-laws. 

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

Approved March 27, 1882. 



County com- 
missioners to 
determine loca- 
tions of common 
landing places. 



An Act to provide for determining the location of common Chap. 109 

LANDING PLACES. 

Be it enacted, etc., as follows : 

Section 1. When ten or more freeholders in any 
county represent to the county commissioners for such 
county that the exact location of a common landing place 
in such county cannot be readily ascertained, such county 
commissioners shall make investigation thereof; and if it 
appears that the representation is correct, they shall, after 
giving the notice required in laying out highways, proceed 
to ascertain the correct location of such landing place, 
erect the necessary bounds thereof and make a record of 
their doings in the way provided in case of laying out 
highways. 

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

Approved March 27, 1882. 



An Act relating to the accounts of the treasurer and Chap. WO 

auditor. 

Be it enacted, etc., as follows: 

Section 1. The par of exchange established by sec- Accounts of 
tion thirty-five hundred and sixty-five of the Revised ^0^"°"* 
Statutes of the United States is hereby adopted for all 
accounts, entries and records in the books of the treasurer 
and auditor of the Commonwealth, and those officers are 
hereby authorized and directed to cause suitable entries 

11 



82 



1882. — Chapters 111, 112. 



to be made in all open accounts and the records thereof 
in their respective departments to make them conform to 
the standard hereby established. 

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

Approved March 27, 1882. 

Chap. Ill An Act authorizing the treasurer and receiver-general to 

EMPLOY additional CLERICAL ASSISTANCE. 

Be it enacted, etc., as follows: 

Section 1. The treasurer and receiver-general may 
employ an extra clerk in his department in addition to 
those clerks now authorized by statute, when necessary 
for the proper performance of the public business, at a 
salary not exceeding that of other extra clerks in his 
department. 

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

Approved March 27, 1882. 



Additional cler- 
ical assistance. 



Chap.lVl 



Payment of 
bounties and 
allotments to 
soldiers. 



Claim to be filed 
with the auditor. 



An Act to regulate the payment op bounties and allotments 
of volunteers. 

Be it enacted, etc., as follows: 

Section 1. The amounts now standing on the books 
of account of the treasurer of the Commonwealth to the 
credit of the accounts of Massachusetts volunteers, re- 
turned allotments and allotment rolls, amounting to forty- 
six thousand three hundred and thirty-six dollars and 
eighty cents, with interest earned thereon from the first 
day of January of the current year, shall be transferred 
to the bounty loan sinking fund established by chapter 
three hundred and thirteen of the acts of the year eighteen 
hundred and sixty-four. 

Section 2. Any pe^:son entitled to receive any sum 
from the treasurer under the provisions of chapter sixty- 
two of the acts of the year eighteen hundred and sixty- 
two, or chapter two hundred and fifty-four of the acts 
of the year eighteen hundred and sixty-three, and of the 
acts in amendment thereof or in addition thereto, may 
file his claim, with such evidence as he may desire in 
support thereof, with the auditor of the Commonwealth. 
The auditor shall thereupon examine the same and from 
this and such other evidence as he may obtain, satisfy 
himself as to tiie validity of the claim, and shall certify 
to the governor the amount, if any, found due. Warrant 
therefor and payment thereof shall thereupon be made as 
in case of other lawful payments from the treasury of the 



1882. — Chapters 113, 114, 115. 



83 



Commonwealth, and no payments on account of such 
claims shall hereafter be made except in the manner 
herein provided. 

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

Approved March 27, 1882. 

An Act to authorize cities and towns to recover for ex- Chap. 113 

PENSE INCURRED IN THE SUPPORT OR RELIEF OF PAUPERS. 

B". it enacted^ etc., as follows: 

Any city or town which incurs expense for the support Expense of 
of a pauper having a settlement therein may recover the pe?mly ifeTe"" 
same against such person, his executors or administrators, covered against 
in an action of contract for money paid, laid out and 
expended for his use. Approved March 27, 1882. 

An Act to annex to the city of salem a parcel of land Chap. 114 

LYING IN THE TOWN OF PEABODY. 

Be it enacted, etc., as follows: 

All that parcel of land lying in the town of Peabody Parcel of land 
belonging to the Harmony Grove Cemetery, which is 'anne^x^e^dto 
described as follows, viz. : — Beginning at a point formed ^aiem. 
by the intersection of the south-westerly line of Tremont 
Street with the boundary line dividing the town of Pea- 
body and the city of Salem, and running north-westerly 
by the south-westerly line of Tremont Street about two 
hundred feet to the south-easterly line of Mount Vernon 
Street ; then turning and running south-westerly by the 
south-easterly line of Mount Vernon Street about seven 
hundred and fifty feet to the land now or late of James 
Buxton ; then turning and running south-easterly by said 
land now or late of said Buxton about two hundred feet 
to said boundary line dividing said town and city; then 
turning and running north-easterly by said boundary line 
to the point of beginning ; is hereby set off from the 
town of Peabody and annexed to the city of Salem. 

Approved March 27, 1882. 

An Act to amend and confirm the articles of association of Chap. 115 
SAINT Elizabeth's hospital, and to change its corporate 

NAME. 

Be it enacted, etc., as follows: 

Section 1. The articles of association of the Saint Name changed. 
Elizabeth's Hospital for Women, recorded with Suffolk 
deeds, book ten hundred and eigthy-nine, page two hun- 
dred and eighty-nine, are amended by striking out the 



ratified. 



84 1882. — Chapter 116. 

words " for sick women " where they occur in the state- 
ment of the purpose of said corporation, so that hereafter 
its benefits shall not be limited to females; and said cor- 
poration shall be hereafter known as Saint Elizabeth's 
Hospital of Boston. 
Certain acta SECTION 2. Said articles of association as amended by 

the preceding section are hereby ratified and confirmed ; 
but nothing therein shall operate to deprive the supreme 
judicial court of its equity jurisdiction in the event of a 
dissolution of said corporation. All acts and proceedings 
of said corporation so far as they may have been defective 
or invalid by reason of any provisions contained in said 
articles regarding the manner and effect of a dissolution 
are ratified and confirmed. 

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

Approved March 27, 1882. 

Chap. 116 An Act to allow the international trust company to make 

ADDITIONAL INVESTMENTS. 

Be it enacted, etc., as follows : 
May make SECTION 1. The International Trust Company, incor- 

i^nvJstments. poratcd by chapter one hundred and fifty-two of the acts 
of the year eighteen hundred and seventy-nine, may, in 
addition to the investments it is now authorized by law to 
make, invest its deposits in the authorized loans of the 
United States, or any of the New England states; in the 
authorized loans of any of the counties, cities or towns 
in any of the New England states ; in the first mortgage 
bonds of any railroad corporation which has earned and 
paid regular dividends for two years next preceding such 
investment, or in the bonds of any such railroad corporation 
as is unencumbered by mortgage, or in the stock of such 
railroad corporations incorporated by this Commonwealth ; 
in the stock of national banks organized within this Com- 
monwealth ; in the notes of manufacturing corporations 
incorporated by any of the New England states, unencum- 
bered by mortgage, which have earned and paid dividends 
for two years next preceding; may make loans on the 
notes of individuals for a period not exceeding four 
months, with a pledge of the bonds of any city of the 
United States containing more than one hundred thousand 
inhabitants, whose net indebtedness does not exceed five 
per cent, of the valuation of the taxable property therein, 
to be ascertained by the last preceding city valuation for 
the assessment of taxes ; and may also invest such depos- 



1882. — Chapters 117, 118. 



85 



its in any other securities in which savings banks now are 
or hereafter may be allowed to invest. 

Section 2. Section four of chapter one hundred and Amendment to 
fifty-two of the acts of the year eighteen hundred and ' ' 
seventy-nine is amended by adding the word " executor " 
after the words "any administrator," in the first line 
thereof. 

Section 3. This act shall take effect upon its accept- 
ance by the International Trust Company. 

Approved March 27, 18 S2. 



Subject to 
acceptance. 



An Act to extend the time during which the city of Chap. 117 

WORCESTER IS AUTHORIZED TO BUY AND HOLD CERTAIN LAND 
FOR A PUBLIC PARK AND A RESERVOIR. 

Be it enacted, etc., as follows : 

Section 1. The city of Worcester by its city council Time for buy- 
at any time within two years from the fifteenth day of plfrk^and""^ 
April in the year eighteen hundred and eighty-two, may extelXd. 
buy and hold for the purposes named in chapter one hun- 
dred and ninety-six of the acts of the year eighteen hun- 
dred and seventy-three the land therein described. 

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

Approved March 27, 1882. 

An Act to amend "an act to authorize the hartford and Chap. 118 

CONNECTICUT VALLEY RAILROAD COMPANY TO BUILD A RAILROAD 

IN MASSACHUSETTS." 

Be it enacted, etc. , as follows : 

Section 1. Section one of chapter one hundred and Locations under 
sixteen of the acts of the year eighteen hundred and eighty- ^e consTructed.^ 
one is hereby amended by inserting at the end thereof the 
words " and provided, also, that the said railroad may be Proviso, 
constructed under two locations, the first one of which 
shall extend from said point in the dividing line between 
Massachusetts and Connecticut to the line of the Boston 
and Albany Railroad in said West Springfield ; and the 
other shall extend from said first location across said Bos- 
ton and Albany Railroad to the said Connecticut River 
Railroad at said Holyoke, provided, also, that said railroad 
shall not be located or constructed across Park Street, 
Park Avenue, or the Park or Common between said thor- 
oughfares, in said West Springfield, at any point within 
twenty-five hundred feet of the west bank of the Con- 
necticut River. All provisions of law now or hereafter 
in force relating to the building of railroads shall apply 



86 



1882. — Chapter 118. 



Amendment to 
1881,116, §3. 



May secure 
bonds by mort- 
gage of fran- 
chise and 
property. 



Amendment to 
1881, 116, § 5. 



to each of said locations independent of the other: pro- 
vided, that any provision which requires said company to 
pay any money or fee to the secretary of the Common- 
wealth shall apply to but one of said locations." 

Section 2. Section three of said chapter is hereby 
amended by striking out in the second line thereof the 
words " and no bonds." 

Section 3. The said Hartford and Connecticut Val- 
ley Railroad Company may secure any bonds it may issue 
under the authority of its charter granted by the General 
Assembly of the State of Connecticut, by mortgage of the 
franchise granted to it by said act, and of the property, 
rights and easements which it may acquire thereunder in 
this Commonwealth ; and the mortgage executed by said 
company to the treasurer of the State of Connecticut, 
bearing date the fourth day of June in the year eighteen 
hundred and eighty-one, and recorded in the office of the 
secretary of state at Hartford in said state, whereby said 
company amongst other things conveyed certain property 
and rights thereafter to be acquired in this Commonwealth, 
as in said mortgage set forth, to the said treasurer and his 
successors in office, in trust to secure certain bonds there- 
after to be issued, is hereby confirmed so far as relates to 
the laws of this Commonwealth, and shall be operative 
to cover and bind the franchise granted by said act and 
the property, rights and easements in this Commonwealth 
which said mortgage purports to convey whenever the 
same shall be acquired by said railroad company, and to 
secure the bonds described in said mortgage in manner 
and form as therein described, as fully as if said property, 
rights and easements had been acquired at the lime said 
mortgage was given and said mortgage had been given 
under the authority of the legislature of this Common- 
wealth ; and authority is hereby given to said company 
to issue under said mortgage an amount of bonds not 
exceeding in the aggregate one million dollars. Said 
mortgage shall be recorded in the registry of deeds for 
the county of Hampden. 

Section 4. Section five of said chapter is amended 
by striking out in the third line thereof, after the word 
"located," the words "within two years and" and insert- 
ing in the place thereof the words " to the line of the 
Boston and Albany Railroad within two years, the remain- 
der of the road is located within three years and the whole' 
road is." 

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

Approved March 27, 1882. 



1882. — Chapter 119. 



87 



Name and 
purpose. 



Powers and 
duties. 



May take waters- 
in Spencer and 
of Shaw Pond 
in Leicester. 



An Act to incorporate the spencer water company. Chap. 119 

Be it enacted, etc., as follows: 

Section 1. William Upham, Emerson Stone, Erastus corporators. 
Jones, Richard Sugden, John E. Bacon, David Prouty, 
Charles N. Prouty, Isaac L. Prouty, Fields M. Prouty, 
Henry R. Green, David A. Drury, J. W. Temple, Horace 
A. Grout, Edward E. Kent, Thomas J. Comins, David H. 
Barnes, Charles M. Tripp, their associates and successors, 
are hereby made a corporation by the name of the Spencer 
Water Company, for the purpose of furnishing the inhab- 
itants of Spencer with water for the extinguishment of 
fires, and for domestic and other purposes, with all the 
powers and privileges and subject to all the duties, restric- 
tions and liabilities set forth in the general laws which 
now are or hereafter may be in force applicable to such 
corporations. 

Section 2. Said corporation may take, hold and con- 
vey into and through the town of Spencer, or any part 
thereof, so much of the waters as may be necessary for 
carrying out the purposes of this act of any natural pond, 
brook or river within the limits of said town of Spencer, 
or of Shaw Pond in the town of Leicester ; and may take 
and hold by purchase or otherwise any real estate neces- 
sary for the preservation and purity of the same, or for 
forming any dams or reservoirs to hold the same, and for 
laying and maintaining aqueducts and pipes for distrib- 
uting the waters so taken and held ; and may lay its water 
pipes through any private lands, with the right to enter 
upon the same and dig therein for that purpose, and for 
the purpose of making all necessary repairs ; and may carry 
its pipes under or over any watercourse, railroad, highway 
or other way, under the direction of the selectmen or 
road commissioners, and in general may do any other acts 
necessary or proper for carrying out the purposes of this 
act. 

Section 3. Said corporation shall, within sixty days 
after taking any land under the provisions of this act, file 
and cause to be recorded in the registry of deeds for the 
county of Worcester a description of any land so taken, 
sufiBciently accurate for identification, with a statement of 
the purpose for which it is so taken, and shall also noti- 
fy the owner of any such land of the taking thereof; and 
the title of the land so taken shall then vest in said cor- 
poration. Any person injured in property by any act of 
said corporation, and failing to agree with said corporation 



To file and have 
recorded in 
registry of 
deeds a descrip' 
tion of the land 
taken. 



Liability for 
damages. 



88 



1882. — Chapter 119. 



May distribute 
•water and fix 
■water rates. 



Real and per- 
fional estate and 
capital stock. 



Penalty for dl- 
vertiii;? water or 
rendering it 
Impure. 



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 for 
the assessment of damages for the taking of water rights 
until the water is actually taken or diverted by said corpo- 
ration ; any person whose water rights are thus taken or 
impaired may apply as aforesaid at any time within two 
years from the time when the water is actually taken or 
diverted, but not thereafter ; and no suit for damage done 
under this act shall be brought after two years from the 
date of the receipt of the alleged injury. In case said 
corporation shall take from any mill owner the water used 
for running his mill, and cannot agree with him as to the 
amount of damages to be paid therefor, said corporation 
shall have the right to build compensating reservoirs to 
furnish such mill owner with other water, the value of 
which shall be in full or in part payment for any claim 
said mill owner may make for damages received from the 
acts of this corporation ; and for that purpose said cor- 
poration may take and hold lands in the manner herein 
provided for taking other lands. 

Section 4. Said corporation may distribute the water 
through said town of Spencer, and 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 said 
town, or any fire district that may be hereafter established 
therein, or with individuals, to supply water for the extin- 
guishment of fires or for other purposes, as may be agreed 
upon between said town or such fire district or individuals 
and said corporation. 

Section 5. Said corporation for the purposes set forth 
in this act may hold real and personal estate not exceed- 
ing in value one hundred thousand dollars, and its whole 
capital stock shall not exceed two hundred thousand 
dollars, to be divided into shares of one hundred dollars 
each. 

Section 6. If any person shall use any water taken 
under authority of this act without the consent of said 
corporation, or shall wantonly or maliciously divert any 
water so taken, or corrupt the same, or render it impure, 
or shall destroy or injure any property lield, owned, or 
used by said corporation, he shall forfeit and pay to said 
corporation three times the amount of damage or injury 
caused thereby, 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 



1882. — Chapter 119. 



89 



hundred dollars, or by imprisonment in jail not exceeding 
one year. 

Section 7. The town of Spencer, or any fire district 
that may be established therein, shall have the right at 
any time during the continuance of this charter to pur- 
chase the corporate property and all the rights and privi- 
leges of said corporation at a price which may be mutually 
agreed upon between said town or such fire district and 
said corporation. In case said town or such fire district 
and said corporation are unable to agree, then the compen- 
sation to be paid shall be determined by three commission- 
ers, to be appointed by the supreme judicial court, upon 
application by either party, notice being given to the 
other, whose award when accepted by said court shall be 
final. This right of purchase and sale is granted on the 
condition that such purchase is agreed to by two-thirds 
of the voters of said town, or such fire district therein, 
present and voting thereon at any legally called meeting, 
notice having been given in the warrant for said meeting 
that action would be taken on this matter. 

Section 8. The Spencer 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 corporation actually paid in and applied 
to the construction or completion of its works or the 
purchase of real and personal property therefor. 

Section 9. Any owner of land or water rights taken 
under this act, upon application for an estimate of dam- 
ages, may require said corporation to give security satis- 
factory to the board of selectmen of the town of Spencer 
for the payment of all damages and costs which may be 
awarded him for the land or other property taken ; and 
if upon the petition of such owner, with notice to the 
adverse party, the security appears to the selectmen to 
have become insufficient, they shall require said corpora- 
tion to give further security to their satisfaction, and all 
the right or authority of the corporation to enter upon 
and use said land and other property, except for making 
surveys, shall be suspended until it gives the security 
required. 

Section 10. This act shall be null and void unless 
said corporation shall within three years from the pas- 
sage hereof avail itself of its provisions and commence 
a prosecution of the work herein authorized. 

Section 11. This act shall take efi:ect upon its passage. 
12 Approved March 27, 1882. 



Property may 
be purchased 
by town, etc. 



Subject to a 
two-thirds vote 
of the town. 



Company may 
issue bonds. 



Maybe required 
to give security 
for payment 
of damages. 



Work to be 
commenced 
within three 
years. 



90 



1882. — Chapters 120, 121. 



Chap. 120 An Act to confirm certain proceedings of the notre dame 

ACADEMY IN BOSTON, AND TO PROVIDE FOR A MEETING OF SAID 
CORPORATION. 



Proceedings 
ratified and 
confirmed. 



Certain officers 
authorized to 
perform duties. 



Chap. 121 



Shares of stock 
may be ex- 
changed for 
bonds. 



Company may 
issue bonds. 



Be it enacted, etc., as follows: 

Section 1. The proceedings of the Notre Dame Acad- 
emy, a corporation organized under articles of association 
recorded with Norfolk deeds, book three hundred and 
thirty-five, page one hundred and twenty-one, and located 
in that part of Boston which was formerly Roxbury, relat- 
ing to the election of its members and officers, are hereby 
ratified and confirmed, any defects or informalities therein 
to the contrary notwithstanding. 

Section 2. Charlotte Mackenzie, as president and 
treasurer, and Catherine Althoff, as secretary, are author- 
ized to perform their respective duties as such officers 
until their successors are chosen and qualified. A meeting 
of said corporation may be called by either of said officers 
by a notice setting forth the time, place and purposes of 
such meeting, which notice shall be delivered or mailed to 
all the members of said corporation at least seven days 
previous to the time appointed for such meeting. 

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

Approved March 27, 1882. 



An Act to provide for the exchange of the common- 
wealth's STOCK IN THE BOSTON AND ALBANY RAILROAD COM- 
PANY FOR BONDS OF SAID CORPORATION. 

Beit enacted, etc., as follows: 

Section 1. The treasurer of the Commonwealth shall 
assign to the Boston and Albany Railroad Company all 
the shares of the capital stock of said corporation which 
are owned by the Commonwealth, or which belong to 
funds over which said Commonwealth has exclusive con- 
trol, in exchange for bonds of said corporation, such as are 
hereinafter described, at the rate of one hundred and sixty 
dollars in such bonds at their face value for each share of 
stock, and thereupon said corporation shall hold and dispose 
of the shares of stock so assigned to it as its absolute 
property. 

Section 2. For the purpose of purchasing said shares 
the Boston and Albany Railroad Company may issue bonds 
for one thousand dollars each or for such multiples of one 
thousand dollars as the treasurer of the Conmiou wealth 
may request, to the required amount, either with interest 
coupons attached, or registered, payable, with interest semi- 



1882. — Chapter 122. 



91 



Commonwealth 
not to be repre- 
sented in board 
of directors. 

Subject to ac- 
ceptance by 
stocliholders. 



Stock of Com- 
monwealth not 
to be voted on. 



annually at the rate of five per centum per annum, in 
twenty years from date. 

Section 3. After the assignment of said shares of stock 
to said corporation the Commonwealth shall not be repre- 
sented in the board of directors of said corporation. 

Section 4. This act shall take effect upon its passage, 
and said shares shall be assigned as hereinbefore jDrovided 
whenever this act shall have been accepted by a majority 
of votes cast at a meeting of the stockholders of said 
corporation called for the purpose ; but said assignment 
whenever made shall take effect as of the first day of April 
in the year eighteen hundred and eighty-two, and said 
bonds shall bear that date: provided, however, that the 
stock now owned by the Commonwealth shall not be voted 
upon at said meeting. Approved March 28, 1882. 

An Act to incorporate the dennis and Yarmouth improve- Chap.\22 

MENT company. 

Be it enacted, etc., as follows: 

Section 1. The owners of the meadow lands flowed owners of cer- 
by Chase Garden River in the towns of Dennis and Yar- iands"inco?^ 
mouth, extending from the so called New Boston Bridge p°''**<^<^- 
in said town of Dennis to the mouth of said Chase Garden 
River, and bounded by the uplands and the dikes already 
built, are hereby made a corporation by the name of the 
Dennis and Yarmouth Improvement Company, with power 
to erect and maintain a dike or dam across said Chase 
Garden River at or near its mouth, with one or more 
sluice-ways and gates for the purpose of draining and 
improving said meadows and preventing flowage by the 
sea. Said corporation shall have all other powers and 
privileges and be subject to all the duties, restrictions and Powers and 
liabilities set forth in the general laws which now are or '^"'''^*' 
liereafter may be in force relating to such corporations, 
unless otherwise specially provided by this act. 

Section 2. Any justice of the peace upon application rirst meeting 
in writing from five or more of said owners shall issue his of corporators, 
warrant to one of the owners aforesaid, requiring him to 
notify and warn a meeting of said owners for the purposes 
to be expressed in said warrant, by posting copies of said 
warrant in at least one public place in the town of Dennis 
and the town of Yarmouth, seven days at least before the 
time of said meeting ; and said owners when legally assem- 
bled as aforesaid may adopt by-laws for the government 
of said corporation, and may also choose a clerk, treasurer, 
assessors and a collector, who shall be sworn to the faith- 



92 



1882. — Chapter 122. 



Liability for 
datnageH. 



May remove 
obstructions 
from channel. 



Remedy for 
owner ag- 
grieved. 



Amount of 
judgment recov- 
ered to be 
assesMcd upon 
proprietors. 



May conduct 
fisheries and 
introduce and 
propagate fish. 



When to take 
effect. 



ful discharge of their respective duties, and shall con- 
tinue 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 like description. 

Section 3. All damages sustained by any person or 
corporation in consequence of the carrying into effect of 
the purposes of this corporation shall be ascertained, deter- 
mined and recovered in the same manner as is now pro- 
vided in cases where land is taken for highways. 

Section 4. In addition to the powers already granted, 
said cor23oration shall have power to remove any obstruc- 
tions in channels of said marsh which may thereafter accu- 
mulate, whereby the drainage of its 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 aforesaid shall be assessed upon each proprie- 
tor in said meadows according to the number of acres 
owned by him and the be-nefits likely to be received. Any 
owner who is aggrieved by the amount of tax levied on 
his land may, at any time within thirty days after said 
assessment, appeal to the county commissioners for the 
county of Barnstable, who shall have power to reduce or 
increase the amount of said tax, and make the same as 
said corporation should have made it under the provisions 
of this act ; and if any owner neglects or refuses to pay 
the sum assessed upon him as aforesaid for sixty days 
after demand therefor, so much of his land may be sold 
as will be sufficient to pay the same, together with the 
costs, in the same way and manner as land of non-resident 
owners in this Commonwealth is sold to pay taxes ; but 
nothing herein contained shall authorize arrest of person 
or the sale of any property except said meadow lands. 
All sums for which judgment may be recovered by any 
party against said corporation shall be assessed upon each 
proprietor, and collected in the same manner as moneys 
voted to be raised for other purposes under this section. 

Section 5. Said corporation shall have the exclusive 
right to conduct the fisheries at and about said dam and 
sluice-way, and may introduce and propagate any kind of 
fish. 

Section 6. This act shall not take effect until the 
owners of two-thirds of all the meadow lands included 
herein shall have expressed in writing their acceptance 
hereof, which instrument of acceptance, together with the 



1882. — Chapters 123, 124. 



93 



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 the same, shall be filed in the office of the secretary 
of the Commonwealth, and the certificate of said secretary 
that such instrument has been so filed shall be primd facie 
evidence of such acceptance. Approved March 28, 1882. 

An Act to authorize the town of wayland to kaise Chap. 123 

ADDITIONAL FUNDS TO EXTEND AND COMPLETE ITS WATER- 
WORKS. 

Be it enacted, etc., as follows: 

Section 1. The town of Wayland, for the purposes wayiand 
named in chapter eighty of the acts of the year eighteen ^at^rioan. 
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 " Wayland Water Loan," 
to an amount not exceeding five thousand dollars, in 
addition to the amount authorized by section four of 
said chapter eighty, and in the manner provided in said 
section. 

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

Approved March 28, 1882. 

An Act to authorize the town of andover to pay certain Chap. 124 

BOUNTIES. 

Be it enacted, etc., as follows : 

Section 1. The town of Andover is authorized in the 
manner provided in section two of this act to raise by 
taxation a sum of money not exceeding sixty-five hundred 
dollars, and appropriate the same to the payment of a 
bounty of one hundred and twenty-five dollars to each 
soldier and the legal representatives of each deceased 
soldier of Company H, of the First Regiment of Heavy 
Artillery, Massachusetts Volunteers, who re-enlisted in the 
service of the United States as a veteran under the call of 
the president of the United States dated October seven- 
teenth, eighteen hundred and sixty-three, and was credited 
to said town, and has never received any bounty for re- 
enlistment from said town : provided, that said town shall 
not be re-imbursed by the Commonwealth for any money 
paid under authority of this act. 

Section 2. At any legal meeting of said town called 
for the purpose a vote may be taken on the question of 
raising such money and appropriating the same to the pay- 
ment of such bounties. The check list shall be used at 



May pay certain 

bounties to 
soldiers and 
their legal 
representatives. 



Subject to 
acceptance by 
vote of the 
town. 



94 



1882. — Chapters 125, 126. 



such meeting and the polls shall be kept open at least four 
hours. The vote shall be by separate ballot, and the 
ballots shall be "Yes," or "No," in answer to the ques- 
tion : " Will the town pay a bounty of one hundred and 
twenty-five dollars to each soldier and the legal repre- 
sentatives of each deceased soldier of Company H, of the 
First Regiment of Heavy Artillery, Massachusetts Volun- 
teers, who re-enlisted as a veteran under the call of the 
president of the United States dated October seventeenth, 
eighteen hundred and sixty- three, and was credited to the 
town, and has never received any bounty for re-enlistment 
from the town, and raise the sum of sixty-five hundred 
dollars and appropriate the same to the payment of said 
bounties?" 

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

Approved March 28, 1882. 

Chap. 125 An Act authorizing the appointment of additional pro- 
bation OFFICERS IN THE CITY OF BOSTON. 
Be it enacted, etc., as follows: 

Section 1. The mayor and aldermen of the city of 
Boston may, if in their judgment it seems proper so to do, 
appoint two additional probation officers in the manner 
and subject to the provisions prescribed in section seventy- 
eight of chapter two hundred and twelve of the Public 
Statutes. 

Section 2. Section seventy-eight of chapter two hun- 
dred and twelve of the Public Statutes is hereb}' amended 
by striking out in the second line the words " annually in 
the month of May and." Approved March 28, 1882. 



Additional pro 
bation officers 
may be ap- 
pointed. 



Amendment to 
P. 8. 212, § 78. 



Chap. 126 



Corporators. 



Name. 

I'owers and 
dulies. 



An Act to incorporate the boston light infantry veteran 

CORPS. 

Be it enacted, etc., as follows : 

Section 1. John C. Whiton, Samuel A. Green, William 
H. Jackson, Fred R. Shattuck, William G. Train, John 
D. Lilley, L. H. Baldwin, Joshua M. Gushing, Cornelius 
G. Attwood, Warren S. Davis, James C. Lauij^hton, 
Charles H. Allen, John K. Hall, Charles W. WildeiCLouis 
N. Tucker, D. W. Wardrop, tlieir associates and successors, 
are hereby constituted a corporation by the name of the 
Boston Light Infantry Veteran Corps, 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 hereafter may be in force applicable to sucli corpora- 
tions. 



1882. — Chapter 127. 



95 



Section 2. The objects of the corporation shall be to to afford relief 



afford pecuniary relief to aged, reduced and indigent 
members, and their widows and children, and to promote 
social union and patriotic fellowship among the members, 
and to preserve and keep alive the recollections of past 
services in the Boston Light Infantry. 

Section 3. The said corporation shall have power to 
hold property real and personal to an amount not exceed- 
ing twenty thousand dollars. 

Section 4. The members of said corporation may 
parade in public with side arms. 

Approved March 28, 1882. 

An Act relating to juvenile offenders. 
Be it enacted, etc., as follows: 

Section 1. No court or magistrate shall commit any 
child under twelve years of age to a jail or house of cor- 
rection, to the house of industry of the city of Boston, or 
to the state workhouse, in default of bail, for non-payment 
of fine or costs, or both, or for punishment for any offence 
not punishable by imprisonment for life, of which said 
child may have been adjudged guilty. 

Section 2. Whenever any child under twelve years 
of age is held by any court or magistrate for examination 
or trial, and said child is unable to furnish bail for such 
examination or trial, such court or magistrate shall com- 
mit said child to the custody of the state board of health, 
lunacy and charity ; and said board is authorized to make 
all proper provisions for the safe keeping of said child, 
and for his presence at the examination or trial for which 
he is held, at the time and place named in the mittimus. 

Section 3, When a complaint is made to any court or 
magistrate of any offence, not punishable by imprisonment 
for life, committed by a child under twelve years of age, 
such court or magistrate, if an examination is deemed 
necessary, shall, in the first instance, issue a summons to 
said child requiring his presence before such court or 
magistrate at the time and place named in said summons ; 
and if said child fails then and there to appear as directed 
in said summons, such court or magistrate shall then issue 
a warrant for the arrest of said child. 

Section 4. The provisions of this act shall not apply 
to either of the offences mentioned in section ten of 
chapter forty-eight of the Public Statutes. 

Approved March 28, 1882. 



to aged and in- 
digent mem- 
bers, etc. 



Real and per- 
sonal property. 



Chap.Ul 



Child under 
twelve years not 
to be committed 
to jail, etc., in 
default of bail, 
etc., for offence 
not punishable 
by imprison- 
ment for life. 



Such child to be 
committed to 
custody of state 
board of health, 
etc. 



Summons to be 
issued, and if 
child fails to 
appear, a war- 
rant for arrest 
to be issued. 



Not to apply to 
offences men- 
tioned in P. 8. 
48, § 10.- 



96 



1882. — Chapters 128, 129, 130. 



May increase 
capital stocli. 



Chap. 128 An Act to authorize the ames manufacturing company to 

INCREASE ITS CAPITAL STOCK. 

Be it enacted, etc., as folloivs : 

Section 1. The Ames Manufacturing Company, in- 
corporated by chapter thirty-one of the acts of the year 
eighteen hundred and thirty-four, is authorized to increase 
its capital stock by an amount which, together with the 
capital stock heretofore authorized, shall not exceed in 
the aggregate five hundred thousand dollars, and to invest 
such increase in the capital stock in real and personal 
estate necessary and convenient for carrying on the busi- 
ness of said corporation. 

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

Approved March 30, 1882. 



Chap. 129 



Salary estab- 
lished. 



CA«p.l30 



Investmont of 
funds of the 
Commonwealth. 



An Act to establish the salary of the judge of probate 

and insolvency for the county of middlesex. 
Be it enacted, etc. , as follows : 

Section 1. The judge of probate and insolvency for 

the county of Middlesex, from and after the first day of 

January in the year eighteen hundred and eighty-two, 

shall receive an annual salary of three thousand dollars. 

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

Approved March 30, 1882. 

An Act regulating the investment of the funds of the 

commonwealth. 
Be it enacted, etc., as folloivs : 

Section 1. In addition to the securities authorized by 
the provisions of section sixty of chapter sixteen of the 
Public Statutes for the investment of funds over which 
the Commonwealth has exclusive control, moneys belong- 
ing to such funds may be invested in the bonds or notes 
of any incorporated district in this Commonwealth or of 
any city of the states of Maine, New Hampshire, Vermont, 
Rhode Island or Connecticut, issued for municipal pur- 
poses, whose net indebtedness at the time of purcliase does 
not exceed five per cent, of the last preceding valuation of 
the property therein for the assessment of taxes; or in the 
notes of any corporation establislied within this Common- 
wealth to become due in one year or less time if secured 
by a pledge of bonds of tlie United States or of this 
Commonwealth to at least an equal amount estimating the 
bonds at not more than eighty-five per centum of their 
market value. 

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

Approved March 30, 1882. 



1882. — Chapters 131, 132, 133. 97 

An Act ceding to the united states jurisdiction over Chap. 131 

CERTAIN LAND FOR THE FISH AND FISHERIES COMMISSION. 

Be it enacted^ etc., as follows: 

The fourth section of the first chapter of the Public Jurisdiction 
Statutes is amended by inserting after the word " navi- united states. 
gators," in the sixth line thereof, the words " or for the 
use of the United States Fish and Fisheries Commission." 

Approved March 30, 1882. 

An Act relating to the descent of the real estate of Chap. 132 

ILLEGITIMATE CHILDREN. 

Be it enacted, etc., as follows: 

Section four of chapter one hundred and twenty-five of Descent of real 
the Public Statutes, relating to the descent of the real **'^^®- 
estate of illegitimate children, is amended by adding there- 
to the following words : *■' or in case she is not living, to 
the persons who would have been entitled thereto by in- 
heritance through his mother if he had been a legitimate 
child." Approved March 30, 1882. 

An Act relative to the payment of indebtedness by cities Chap. 133 

AND TOWNS. 

Be it enacted, etc., as follows: 

Section 1. Any city or town required by chapter May by vote 

twenty-nine of the Public Statutes to establish a sinking nualpro^or*"" 

fund for the payment of its indebtedness may, instead tionate pay- 

^ "^ . . • 1 f 1 n ™ent8, instead 

thereor, by a majority vote provide tor the payment oi of establishing 

such indebtedness in such annual proportionate payments ®*°''°^ 

as will extinguish the same within the time prescribed in 

said chapter ; and when such vote has been heretofore or 

shall be hereafter passed, the amount required thereby 

shall, without further vote, be assessed by the assessors in 

each year thereafter, until the debt shall be extinguished, 

in the same manner as other taxes are assessed under the 

provisions of section thirty-four of chapter eleven of the 

Public Statutes. 

Section 2. The return required by section ninety-one Returns to be 
of chapter eleven of the Public Statutes shall state the pfs-^ii, § 9i. 
amount of any sinking fund established, and if not so 
established whether action has been taken in accordance 
with the provisions of the preceding section and the 
amounts raised and applied thereunder for the current 
year. 

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

Approved March 30, 1882. 
13 



98 



1882. — Chapters 134, 135. 



Deposit of 
money in lieu 
of furnisliing 
sureties in crim 
inal cases. 



Money to be 
deposited with 
clerli, etc. 



Repeal of P. 8 
212, § 68. 



Chap. 134 An Act concerning the deposit of money in lieu of fdr- 

NISHING SURETIES IN CRIMINAL CASES. 

Be it enacted, etc., as follows: 

Section 1. When a person arrested on criminal pro- 
cess has been ordered to recognize with surety or sureties 
for his appearance before any court or trial justice he may, 
instead of giving sureties, at any time give his personal 
recognizance and deposit the amount of the bail which he 
is ordered to furnish with the court, trial justice, or magis- 
trate authorized by law to take such recognizance, and 
such court, trial justice, or magistrate shall give him a 
certificate thereof, and upon delivering said certificate to 
the officer in whose custody he is he shall be discharged 
from custody. 

Section 2. Such court, trial justice, or magistrate on 
the receipt of such deposit shall at once deposit the same 
with the clerk of the court or with the trial justice before 
whom such person recognized to appear, and in case such 
court has no clerk with the justice of said court. 

Section 3. Section sixty-eight of chapter two hundred 
and twelve of the Public Statutes is repealed. 

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

Approved April 5, 1882. 

Chap. 135 An Act providing fob appeals from the county commission- 
ers TO THE board OF RAILROAD COMMISSIONERS IN CERTAIN 
CASES. 

Be it enacted, etc., as follows: 

Section 1. Any party aggrieved by the decision or 
order of the county commissioners in any matter or pro- 
ceeding arising under section one hundred and twenty- 
nine and section one hundred and thirty-eight of chapter 
one imndred and twelve of the Public Statutes may appeal 
therefrom to the board of railroad commissioners. 

Section 2. If the county commissioners unreasonably 
refuse or neglect, for sixty days after the first day fixed 
for hearing the parties in any such matter or proceeding, 
to announce a decision thereon, thereupon any party ag- 
grieved by such refusal or neglect may appeal to the board 
of railroad commissioners. 

Section 3. An appeal shall be claimed by filing with 
the county commissioners, Avithin ten days after the mak- 
ing of the decision or order appealed from, or the expira- 
tion of sixty days from the first day fixed for hearing in 
cases of refusal or neglect, a notice of appeal, and there- 
upon all proceedings before the county commissioners in 
such matter or proceeding shall be stayed. 



Decision of 
county commis 
sioners relative 
to crossing of 
ways or sever- 
ance of private 
lands by rail- 
roads. 



Appeals to rail 
road coramis- 



NoUcc of appeal 
to be filed. 



1882. — Chapter 136. 



99 



Petition setting 
forth rc'isons of 
appeal to be 
tiled Willi rail- 
road commis- 
sioners. 



Waiver of 
apijeal. 



Powers of rail 
road commis- 
sioners. 



Section 4. The appellant, to perfect the appeal, shall, 
within twenty days after the filing of the notice of appeal, 
file with the clerk of the board of railroad commissioners 
a petition setting forth the reasons of appeal, and within 
ten days after the filing of the petition cause a certified 
copy thereof to be served upon the county commissioners. 
If the appellant fails to perfect the appeal as herein re- 
quired, thereupon proceedings may be had before the 
county commissioners as if no appeal had been taken. 

Section 5. An appeal may be waived at any time 
before a hearing thereon, by agreement of the parties, in 
writing, filed with the county commissioners and the 
board of railroad commissioners, and thereupon proceed- 
ings may be had before the county commissioners as if no 
appeal had been taken. 

Section 6. The board of railroad commissioners shall, 
in matters and proceedings to which this act relates, have 
the same powers vested in, and perform the same duties 
required of, the county commissioners in like matters and 
proceedings ; and all provisions of law relating to hear- 
ings and determinations by, and decisions and orders of, 
the county commissioners, in such matters and proceed- 
ings, shall apply to hearings and determinations by, and 
decisions and orders of, the board of railroad commission- 
ers in such matters and proceedings under this act. 

Section 7. The hearings before the board of railroad 
commissioners in matters and proceedings to which this 
act relates shall be had in the county where the appeal is 
taken, unless the parties, in writing, otherwise agree. 

Approved April 5, 1882. 

An Act in relation to the normal school of the city of Chap. 136 

BOSTON. 

Be it enacted^ etc., as follows: 

Section 1. The school committee of the city of Bos- 
ton may provide instruction in the principles and methods 
of teaching for the benefit of teachers in the service of 
said city, said instruction to be given in connection with 
the normal school of said city. 

Section 2. The action of the school committee of said 
city heretofore in providing instruction for the benefit of 
teachers in the service of said city is ratified, confirmed 
and made valid to the same extent as if this act had been 
passed prior to such action. 

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

Approved April 5, 1882. 



Hearing to be' 
had in county 
where appeal iS 
talsen. 



Teachers may 
be taught in the 
normal school. 



Action of school 
committee con- 
firmed. 



100 



1882. — Chapters 137, 138, 139. 



Chap. 137 An Act to authorize the new engi.anu conservatory of 

MUSIC TO HOLD ADDITIONAL REAL AND PERSONAL ESTATE. 

Be it enacted^ etc., as follows: 

Section 1. The New England Conservatory of Music, 
a corporation established by chapter one hundred and 
three of the acts of the year eighteen hundred and seventy, 
is authorized to hold real and personal estate to the amount 
of five hundred thousand dollars. 

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

Approved April 5, 1882. 



May hold addi- 
tional real and 
pefsoual estate. 



lirtereet of the 
Commonwealth 
in bridges may- 
be conveyed to 
the city of Bos- 
ton. 



Chap. 138 An Act in relation to the charles river and warren 

BRIDGES. 

Me it enacted, etc., as follows : 

Section 1. The governor with the advice and consent 
of the council is empowered in the name and on behalf of 
the Commonwealth to execute, acknowledge and deliver 
to the city of Boston a good and sufficient instrument 
transferring to said city and its assigns all the right, title 
and interest of the Commonwealth in and to the Charles 
River bridge and Warren bridge, the approaches to the 
same, the materials of which said bridges are composed, 
and in and to all things pertaining to said bridges belong- 
ing to the Commonwealth. Such transfer shall not be 
made until there is constructed, subject to the provisions 
of law and opened for public use at the expense of said 
city, a new bridge which in the opinion of the governor 
and council will afford facilities as ample as those provided 
by the said existing bridges ; and upon such transfer the 
said city may discontinue said now existing bridges or 
either of them. 

Section 2. No change shall be made in the piles of 
said bridges without the approval of the board of harbor 
and land commissioners. 

Section 3. Nothing herein contained shall be con- 
strued to grant authority to the city of Boston or its 
assigns to take tolls on said bridges or on the new bridge 
which may be constructed. Approved April 5, 1882. 



No change to he 
made without 
consent of com- 
miBsioners. 

Taking of tolls 
not authorized. 



Chap. 139 An Act to permit women to practise as attorneys at law. 

Be it enacted, etc., as follows: 
Women may The pi'ovisions of Liw relating to the qualification and 

Stufrneye.^ admissiou to practisG of attorneys at law shall apply to 

women. Approved April 10, 1882. 



1882. — Chapters 140, 141, 142. 101 

An Act relating to depositions to perpetuate the testi- Chap. 140 

MONT OF WITNESSES "WITHOUT THE COMMONWEALTH. 

Be it enacted^ etc., as follows : 

Section 1. Section fifty-four of chapter one hundred Depositions to 
and sixty-nine of the Public Statutes is hereby amended, fimonyTetc. "^^ 
by adding at the end thereof the words : 

" And shall order such reasonable notice as it shall deem 
proper to be given to all the persons mentioned therein as 
adversely interested in the case and living without the 
Commonwealth." 

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

Approved April 10, 1882. 

An Act relating to the distribution op the personal Chap. 141 

ESTATE OP MARRIED WOMEN. 

Be it enacted, etc., as follows: 

Section 1. When a married woman dies leaving issue Disposition of 
and possessed of personal estate not lawfully disposed of rfeTwom^n.*^' 
by will, such personal estate shall after payment of her 
debts, funeral expenses, and charges of administration be 
distributed one-half to her husband, and the other half 
among the persons who would be entitled to the real estate 
by the first clause of section one of chapter one hundred 
and twenty-five of the Public Statutes and in the propor- 
tions there prescribed. 

Section 2. This act shall take effect upon the first 
day of July in the year eighteen hundred and eighty-two. 

Approved April 10, 1882. 

An Act to incorporate the revere water company. Chap. 142 

Be it enacted, etc., as follows : 

Section 1. Andrew Burnham, Theodore Pinkham, E. corporators. 
H. Whorf, A. S. Burnham, James H. Wade, Michael 
Sullivan, their associates and successors, are made a cor- 
poration by the name of the Revere Water Company, for Name and 
the purpose of furnishing the inhabitants of Revere with p"^""?"^®- 
water for the extinguishment of fires and for domestic and 
other purposes, with all the powers and privileges, 'and Powers and 
subject to all the duties, restrictions and liabilities set 
forth in all general laws which now are or hereafter may 
be in force applicable to such corporations. 

Section 2. Said corporation may take, hold and con- May take and 
vey through the town of Revere or any part thereof, water thro^ulh^hlf^ 
from any spring, artesian well or other source of supply town of Revere, 
within the limits of said town, and may take and hold by 
purchase or otherwise, any real estate necessary for the 



102 



1882. — Chapter 142. 



To have record- 
ed in the regis- 
try of deeds a 
description of 
the land taken. 



May fix water 
rates. 



Real and per- 
sonal estate and 
capital stock. 



Penalty for 
diverting water 
or rendering it 
Impure. 



preservation and purity of such water and sources of sup- 
ply, for forming any dams or reservoirs to hold such water, 
or for laying and maintaining aqueducts and pipes for dis- 
tributing the same ; and may lay its water pipes through 
any private lands, with the right to enter upon the same 
and dig therein for the purpose of making all necessary 
repairs : and for the object aforesaid may carry its pipes 
under or over any water-course, street, railroad, street 
railway, highway or other way, in such a manner as not to 
obstruct the same ; and may, under the direction of the 
board of selectmen or road commissioners, enter upon and 
dig up any road or other way for the purpose of laying 
or repairing aqueducts, pipes or other works, and in 
general may do any other acts and things necessary, con- 
venient or proper for carrying out the purpose of this act. 

Section 3. Said corporation shall, within sixty days 
after the taking of any land under this act, file and cause 
to be recorded in the registry of deeds for the county of 
Suffolk a description of any land so taken, sufficiently 
accurate for identification, with a statement of the purpose 
for which it was taken, and shall also notify the owner of 
any such land of the taking thereof; and the title of land 
so taken shall vest in said corporation. Any person in- 
jured in property by any of the acts of said corporation, 
and failing to agree with said corporation as to the amount 
of damages, may have them assessed and determined in 
the manner provided when land is taken for highways. 

Section 4. Said corporation may distribute the water 
through said town of Revere ; may establish and fix from 
time to time rates for the use of such water, and collect 
the same ; and may make sucli contracts with said town, 
or any other town, or with any city, corporation or indi- 
vidual to supply water for fire or other purposes as may 
be agreed upon by such town, city, corporation, or indi- 
vidual and said corporation. 

Section 5. Said corporation, for the purposes set forth 
in this act, may lioUl real and personal estate not exceed- 
ing in value fift}- thousand dollars; and its whole capital 
stock shall not exceed seventy-five thousand dollars, to be 
divided into shares of one hundred dollars each. 

Section G. If any person shall use any water taken 
under the authority of this act without the consent of said 
corporation, or ishall wantonly or maliciously divert any 
water so taken, or corrupt the same, or render it impure, 
or shall destroy or injure any dam, atjueduct, pipe, coniluit, 
hydrant, machinery, or other works or property held. 



1882. — Chapter 142. 



103 



owned or used by said corporation under the authority and 
for the purposes of this act, he shall forfeit and pay to 
said corporation three times the amount of damage or 
injury caused thereby, to be recovered in an action of tort; 
and on conviction of either of the wanton or malicious acts 
aforesaid may be punished by a fine not exceeding three 
hundred dollars, or by imprisonment in jail not exceeding 
one year. 

Section 7. The town of Revere shall have the right, at 
any time during the continuance of this charter, to purchase 
the corporate property and all the rights and privileges 
of said corporation at a price which may be mutuall)'' 
agreed upon by said town and said corporation. In case 
said town and said corporation 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 by either party, notice being given 
to the other, whose award when accepted by said court 
shall be final. This right of purchase and sale is granted 
on the condition that such purchase is assented to by two- 
thirds of the voters of said town present and voting 
thereon at any legally called meeting, notice having been 
given in the warrant for such meeting that action would 
be taken on this matter. 

Section 8. The Revere 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 
capital stock of said corporation actually paid in and 
applied to the construction or completion of its works. 

Section 9. Any owner of lands or 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 him for the land or other property taken ; 
and if upon the petition of such owner, with notice to the 
adverse party, the security at any time 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 upon or use said land and other 
property, except for making surveys, shall be suspended 
until it gives the security required. 

Section 10. This act shall be null and void unless 
said corporation shall within three years from the passage 



Town may pur. 
chase corporate 
property at any 
time. 



Company may 
issue bonds and 
secure the same 
by mortgage. 



Liability for 
damages. 



To commence 
worli within 
three years. 



104 



1882. — Chapters 143, 144. 



thereof avail itself of its provisions, and commence the 
prosecution of the work herein authorized. 

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

Approved April 10, 1882. 



May take land 
for a public 
library. 



To have record, 
ed in the regis- 
try of deeds a 
description of 
the land taken. 



Chap. 143 An Act to authorize the city of boston to take land 

FOR A PUBLIC LIBRARY. 

Be it enacted, etc. , as follows : 

Section 1. The city of Boston is hereby authorized 
and empowered to take and hold by purchase or otherwise, 
at any time within two years from the passage of this act, 
so much land within its limits as it may deem necessary 
for the erection thereon of a public library and for a yard 
for the same ; and said city may appropriate and use 
therefor any land now owned by it. 

Section 2. Said city shall, within thirty da3's from 
the time when it shall take any parcel or parcels of land 
under this act, file in the office of the register of deeds for 
the county of Suffolk, and cause to be recorded therein, a 
description of the land so taken as certain as is required 
in a common conveyance of land, with a statement of the 
purpose for which said land is taken ; which description 
and statement shall be signed by the mayor of said city. 
The said city shall be liable to pay all damages that shall 
be sustained by any person by reason of the taking of 
land as aforesaid ; such damages to be ascertained and de- 
termined in the manner provided for ascertaining and 
determining damages in case of the laying out, altering or 
discontinuijig of ways within the city of Boston. 

Section 8. The provisions of law in relation to the 
assessment of betterments shall not be applicable to the 
taking of land under this act. 

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

Approved April 10, 1882. 



Law of better 
ments not to 
apply. 



Chap. 144 An Act to establish the salary of the assistant register 

OF PROBATE AND INSOLVENCY FOR THE COUNTY OF SUFFOLK. 

Be it enacted, etc., as follows : 

The assistant register of probate and insolvency for the 
county of Suffolk, from and after the first day of January 
in the year eighteen hundred and eighty-two, shall receive 
an annual salary of two thousaml dollars. 

Approved April J (J, 1882. 



Salary estab- 
lished. 



1882. — Chapter 145. 



105 



An Act to incorporate the Gardner water company. 
Be it enacted, etc., as folloios : 

Section 1. Solon L. Wiley, George William Ballou, 
Walter Burnham and Edward C. Cooke, their associates 
and successors, are made a corporation by the name of the 
Gardner Water Company, for the purpose of furnishing 
the inhabitants of Gardner with water for the extinguish- 
ment of fires, and for domestic and other purposes, with 
all the powers and privileges, and subject to all the duties, 
restrictions and liabilities set fortli in all general laws 
which now are or hereafter may be in force applicable to 
such corporations. 

Section 2. Said corporation for the purpose aforesaid 
may take, hold and convey into and through the town of 
Gardner, or any part thereof, the water, so far as may be 
necessaiy for the puipose, of any spring or springs, or of 
Crystal Lake, so called, within said town, .and the waters 
which flow into and from the same, together with any 
water rights connected therewith ; and may take and hold 
by purchase or otherwise any water rights connected 
therewith and any real estate necessary for the preserva- 
tion and purity of such waters, or for forming any dams 
or reservoirs to hold the same, or for laying and maintain- 
ing aqueducts and pipes for distributing the waters so 
taken and held ; and may lay its water pipes through any 
private lands with the right to enter upon the same and 
dig therein for the purpose of making all necessary repairs 
or service connections ; and for any of the purposes afore- 
said may carry its pipes under or over any water-course, 
street, lailroad, highway or other way, in such manner as 
not unnecessarily to obstruct the same ; and may, under 
the direction of the selectmen or road commissioners, 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 con- 
venient or proper for carrying out the purposes of this act. 

Section 3. Said corporation shall within sixty days 
after taking any land or water rights under the provisions 
of this act, file and cause to be recorded in the registry of 
deeds for the county of Worcester a description of any 
land or water rights so taken sufficiently accurate for 
identification, with a statement of the purposes for which 
they are so taken, and the title of the land and water 
rights so taken shall vest in said corporation. 

Section 4. Any person injured in property by any of 
the acts of said corporation under this act, and failing to 

14 



Chap. 145 



Corporators. 



Name and 
purpose. 



Powers and 
duties. 



May take water 
of Crystal Lake. 



May lay water 
pipes through 
private lands. 



May enter upon 
and dig up 
roads. 



To have record- 
ed in the regis- 
try of deeds a 
description of the 
land or water 
rights taken. 



Assessment of 
damages. 



106 



1882. — Chapter 145. 



May establish 
water rates, 
etc. 



Real estate. 



Capital stock 
and bonds. 



IVnalty for 
divert! n;^ water 
or rendering It 
impure. 



Company may 
piirciiawe prop- 
erty of the 
Oardner Water 
Worlca. 



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 appli- 
cation shall be made to the county commissioners for the 
assessment of damag'es for the taking: of water rights until 
the water is actually taken and diverted by said corpora- 
tion. Any person whose water rights are thus taken or 
aifected may apply as aforesaid within three 3''ears from 
the time the water is actually taken or diverted, but not 
thereafter ; and no suit for injury done under this act shall 
be brought after three years from the date of the receipt 
of the alleged injury. 

Section 5. Said corporation may distribute the water 
through said town of Gardner ; 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 said town, 
or any fire district that may hereafter be established there- 
in, or with any individual or corporation, to supply water 
for the extinguishing of fires or for other purposes, as may 
be agreed upon by said town or such fire district, indi- 
vidual or corporation and said corporation. 

Section 6. Said coi-poration may hold real estate ne- 
cessary for the purposes set forth in this act ; and the 
whole capital stock shall not exceed one hundred and fifty 
thousand dollars, to be divided into shares of one hundred 
dollars each. Said corporation may at any time issue 
bonds to an amount equal to the capital stock actually 
paid in, and secure the same by mortgage. 

Section 7. If any person shall use any of the water 
taken under the authority of this act without the consent 
of said corporation, 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 used for the purposes of this act, he 
shall forfeit and pay to said corj)oration three times the 
amount of damage or injury caused thereby, to be recov- 
ered 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 im- 
prisonment in jail not exceeding one year. 

Section 8. Said corporation may purchase from tlie 
Gardner Water Works, or itther owner or owners, the 
atjueducts, pipes, hydrants, machiner}', reservoir, pumping 
station, and other works, propert}', estate and privileges 
in said town of Gardner now owned or in process of con- 



1882. — Chapter 146. 



107 



Town may pur- 
chase property 
of the (iardner 
Water Com- 
pany. 



struction by said Gardner Water Works, and by such pur- 
chase shall become entitled to all the rights and privileges 
and subject to all the liabilities and duties appertaining 
and belonging to said Gardner Water Works. 

Section 9. The town of Gardner shall have the right 
at any time after the expiration of twenty years from the 
passage of this act to purchase the corporate property and 
all the rights and privileges of said Gardner Water Com- 
pany, at a price which may be mutually agreed upon 
between said corporation and said town ; and the said 
corporation is authorized to make sale of the same to said 
town. In case said corporation and said town are unable 
to agree, then the price 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. 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 an annual 
meeting, or at a legal meeting called for that purpose. 

Sectjon 10. Any owner of land or water rights taken Liability for 
under this act, upon application by either party for an •^'*™*s«^- 
estimate of damages, may require said corporation to give 
security, satisfactory to the county commissioners for the 
county of Worcester, for the payment of all damages and 
costs which may be awarded to him for the land or other 
property taken. If upon petition of such owner, with 
notice to the adverse party, the securit}^ appears to the 
said county commissioners to have become insufficient, 
they shall require said corporation to give furthei- security 
to their satisfaction, and all the right or authority of the 
corporation to enter upon or use said land and other prop- 
erty, except for making surveys, shall be suspended until 
it gives the security required. 

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

Approved April 10, 1882. 

An Act to include the town of winthrop in the judicial Chap. 146 

DISTRICT OF THE MUNICIPAL COURT OF THK EAST BOSTON 
DISTRICT. 

Be it enacted, etc., as follows: 

Section 1. The judicial district of the municipal 
court of the East Boston district is enlarged so as to 
include the town of Winthrop. 

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

Approved April 10, 1882. 



Town of 
Winthrop in- 
cluded in dis- 
trict. 



108 



1882. — Chapters 147, 148, 149. 



Boundyry li 
established. 



Chap. 147 An Act to establish the boundary line between the towns 

OF PETERSHAM AND DANA. 

Be it enacted^ etc. , as follows : 

Section 1. The boundary line between the towns of 
Petersham and Dana is established to run as follows, 
namely : Beginnin_(y at the point of intersection of the 
present boundary line between said towns with the bound- 
ary line of the town of New Salem, and thence running 
in a straight line a little south of east about six hundred 
and thirty-eight rods to a monument on the westerly side 
of the Whitney Road, so called ; thence easterly in a 
straight line about four hundred and thirty-two rods to 
a monument on the east side of the Shattuck Road, so 
called ; thence a little east of south in a straight line 
about two hundred and ninety-four rods to a monument 
near the dwelling house now or late of Hosea Carter, on 
the present boundary line between said towns of Peter- 
sham and Dana ; and thence on the said present boundary 
line, as it now runs, to the point of its intersection with 
the boundary line of the town of Barre. 

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

Approved April 10., 18S2. 

Chap. 148 An Act establishing the salaries of the clerks of the 

BOARD OF commissioners OF SAVINGS BANKS. 

Be it enacted, etc., as follows : 

Section 1. The salary of the first clerk of the board 
of commissioners of savings banks shall be thirteen bun- 
dled dollars a year ; the salary of the extra clerk of the 
board of commissioners of savings banks shall be seven 
hundred dollars a year. 

Section 2. So much of section two of cliapter one 
hundred and sixteen of the Public Statutes as relates to 
clerical assistance is repealed. 

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

Approved April 10., 1SS2. 

Chap.\4:9 An Act in relation to filing of locations by railroad 

COMPANIES. 

Be it enacted, etc., as follows : 
FiiiiiK of loca- Section 1. Chapter one hundred and thirty-iive of 

corapanil-s!''^"''*^ thc acts of the year eighteen hundred and seventy-eight is 
amended so that the notice to railroad corporations author- 
ized by section one may be given at any time within six 
months after the passage of this act, and thereupon the 



Salaries estab- 
lished. 



Repeal. 
P.8. 116, §2. 



1882. — Chapters 150, 151. 



109 



corporation notified shall within one year from such notice 
file a location of its road or of such portion thereof as the 
notice requires, with the same effect from the elate of filing 
as if it had been filed under the provisions of said chapter. 
Section 2. This act shall take effect upon itspassage. 

Approved April 12, 1882. 

An Act for the preservation of the health op females Chap. 150 

EMPLOYED IN MANUFACTURING, MECHANICAL AND MERCANTILE 
ESTABLISHMENTS. 

Be it enacted, etc., as follows: 

Section 1. Every person or corporation employing seats to be pro- 
females in any manufacturing, mechanical or mercantile ^afnfemahf^' 
establishment in this Commonwealth shall provide suita- employes. 
ble seats for the use of the females so employed, and shall 
permit the use of such seats by them when they are not 
necessarily engaged in the active duties for which they are 
employed. 

Section 2. A person or corporation violating any of Penalty, 
the provisions of this act shall be punished by fine of not 
less than ten dollars nor more than thirty dollars for each 
offence. Approved April 12, 1882. 

An Act relating to the disposal of the remaining lands op Chap. 151 

THE MARSHPEE INDIANS. 

Be it enacted, etc., as follows : 

Section 1. In addition to the methods provided by Disposition of 
section six of chapter two hundred and ninety-three of 
the acts of the year eighteen hundred and seventy for dis- 
posing of the common lands in the town of Mashpee 
therein mentioned, any justice of the superior court may 
direct the commissioners appointed under said chapter to 
appraise all said lands remaining undisposed of, and may 
authorize the said commissioners to sell at private sale 
and convey the same, or any portion thereof, to any of the 
persons authorized to receive the proceeds of sales of said 
common lands under section one of chapter two hundred 
and forty-eight of the acts of the year eighteen hundred 
and seventy-eight, at a price not less than such appraised 
valuation ; and the deeds of said commissioners shall con- 
vey valid titles in fee to the respective grantees therein. 
The said commissioners shall without any further order of 
the court divide the proceeds of all sales of such lands in 
conformity with the provisions of said section one. 

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

Approved April 12, 1882. 



common lands 
in the town of 
Mashpee. 



no 



1882. — Chapters 152, 153. 



May construct 
a main drain 
or common 
eewer. 



May borrow 
$50,000. 



Chap. 152 An Act to authorize the citt op holyoke to construct a 

COMMON SEWER AND PROVIDE FOR THE PAYMENT OF THE COST 
THEREOF, 

Beit enacted, etc., as follows: 

Section 1. The city of Holyoke is authorized to con- 
struct a main drain or common sewer in said city, begin- 
ning at some convenient point near the intersection of 
Front Street with Appleton Street, and thence running 
southerly through so much of the entire remaining length 
of said Front Street and the land southerly thereof as may 
be deemed necessary, and emptying into the Connecticut 
River. Said main drain or common sewer shall be con- 
structed of such material and dimensions and within such 
time as the mayor and aldermen of said city shall deter- 
mine. 

Section 2. For the purpose of constructing said main 
drain or common sewer the said city is authorized to bor- 
row a sum of monejs not exceeding fifty thousand dollars, 
to be applied towards the cost and expenses incurred by 
reason thereof; and for said purpose the city council of 
said city shall have authorit}^ to issue notes, scrip, bonds, 
or certificates of debt, to an amount not exceeding the 
aforesaid sum, payable in instalments of not less than five 
thousand dollars each year, and bearing interest at a rate 
not exceeding six per cent, per annum. Said city council 
may sell or pledge the same or any part thereof or make 
any other proper disposition of the same from time to time 
for the above purpose. 

Section 3. Nothing in this act shall be so construed 
as to impair any right which said city now has of assessing 
a proportional part of the charge of making and construct- 
ing main drains and common sewers upon every person 
who enters his particular drain therein, or who by more 
remote means receives benefit thereby. 

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

Approved April 12, 1882. 

__£:: ! 

Chap. 153 An Act to authorize the corNxv commissioners of Middlesex 

COUNTY TO ALTER, IMPROVE AND REPAIR THE HOUSE OF CORREC- 
.TION at CAMBRIDGE. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners for the county 
of Middlesex are authorized to alter, improve and repair 
the house of correction at Cambridge, at an expense not 
exceeding one hundred thousand dollars, and for said pur- 
poses may borrow a sum not exceeding one hundred thou- 



Assessmenta 
for betterments. 



House of cor- 
rection may be 
repaired, etc. 



1882. — Chapter 154. 



Ill 



sand dollars, and may employ the convicts in said house of 
correction so far as their labor may be used to advantage. 

Section 2. In altering, improving and repairing said Not required to 

r r •• • 1 '^ . . ^ 111 J.1 have labor done 

house ot correction, said commissioners shall not be re- by contract. 
quired to let out by contract the labor on said buildings, 
nor advertise for proposals therefor, as provided in section 
twenty-two of chapter twenty-two of the Public Statutes. 
Section 3. This act shall take effect upon its passage. 

Approved April 13, 1882. 



Ak Act authorizing towns and cities to lay out public 

parks within their limits. 
Be it enacted, etc., as follows : 

Section 1. Any town in this Commonwealth which 
accepts the provisions of this act in the manner hereinafter 
prescribed may, at a legal meeting called for the purpose, 
elect three competent jDcrsons who shall constitute a board 
of park commissioners for such town, and may prescribe 
their terms of office; and the mayor of any city which in 
such manner accepts said provisions may, with the approval 
of the city council, as soon as may be after such acceptance, 
appoint five competent persons who shall constitute a board 
of park commissioners for such city, and who shall hold 
their offices until the expiration of terms of one, two, 
three, four and five years respectively, from the first Mon- 
day in May next following such appointment ; and the 
mayor shall, before the first Monday in May in each year 
thereafter, with like approval appoint one such commis- 
sioner to continue in office for five years from the expira- 
tion of the term of the commissioner then next outgoing. 
No person shall be such commissioner who is at the same 
time a selectman, or other officer of such town, or a mem- 
ber of the city council, clerk or treasurer of such city; 
and any such commissioner may be removed by a vote of 
two-thirds of the legal voters of such town, at a legal town 
meeting called for the purpose, or by a concurrent vote of 
two-thirds of the whole of each branch of such city council. 

Section 2. Any vacancy occurring in such board shall 
be filled for the residue of the term of the commissioner 
whose place is to be filled in the manner in which such 
commissioner was originally appointed. Such commis- 
sioners shall serve without compensation. 

Section 3. Such boards of park commissioners shall 
have power to locate within the limits of their respective 
towns or cities a public park or parks, and for that pur- 
pose from time to time to take in fee by purchase, gift. 



Chap. 154 



Cities and towns 
may lay out 
public parka. 



Commissioners 
to be appointed. 



To serve with- 
out compensa- 
tion. 
Vacancies. 



Powers and 
duties. 



112 1882. — Chapter 154. 

devise or otherwise, any and all such lands as they may 
deem desirable therefor, or to take bonds for the convey- 
ance thereof to their respective towns or cities ; to lay out 
and improve any such park or parks ; to make rules for 
the use and government thereof, and for breaches of such 
rules to afiSx penalties not exceeding twenty dollars for 
one offence, to be imposed by any court of competent 
jurisdiction ; to appoint 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 acts needful for the proper execution of the 
powers and duties granted to or imposed upon such town 
or city or upon such boards by this act : provided, however^ 
No expense to that no land shall be taken, or any other thing involving 
until an appro- au expenditure of money be done under this act until an 
bya^wo'thh-d^*^ appropriation sufficient to cover the estimated expense 
^■°**^- thereof shall in a town have been made by a vote of two- 

thirds of the legal voters present and voting in a legal 
town meeting called for the purpose, or in a city by a vote 
of two-thirds of each branch of the city council ; and such 
expenditures shall in no case exceed the appropriations 
made therefor, and all contracts made for expenditures 
beyond the amount of such appropriations shall be void ; 
Taking land not pvovided, further, that in a town no taking of land other- 
cepted by town, wisc than by purchase shall be valid unless such taking is 
reported to the town, filed, accepted and allowed, as pro- 
vided by section seventy-one of chapter forty-nine of the 
Public Statutes in the case of laying out town ways. 
Description of SECTION 4. Such board shall, within sixty days after 
recordedTn ° ° the taking of any land under this act, file and cause to be 
deed87°^ recorded in the registry of deeds for the county or district 
in which any land so taken is situated a description thereof 
sufficiently accurate for identifying the same. 
Determination SECTION 5. Sucli boards shall respectively estimate 
amagcB. ^^^ determine all damages sustained by any person by the 
taking of land or by other acts of such boards in the exe- 
cution of the powers vested in them respectively by this 
act ; but a person aggrieved by any such determination of 
the 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 damages sustained by reason of the laying 
out of ways. 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. 



1882. — Chapter l-U. 



113 



Section 6. The fee of any land taken or purchased 
by such boards in any town or city for a park under this 
act shall vest in the town or city in which such park is 
laid out ; and such town or city shall be liable to pay all 
damages assessed or determined, as provided in the pre- 
ceding section, and all other costs and expenses incurred 
by its board of park commissioners in the execution of the 
powers vested in such board by this act. Any town or 
city shall also be authorized to take and hold in trust or 
otherwise any devise, grant, gift or bequest that may be 
made for the purpose of laying out, improving or orna- 
menting any park or parks therein. 

Section 7. The boards of park commissioners in their 
respective towns and cities shall have the same authority 
to determine the value of, and assess upon real estate the 
amount of, betterments accruing to said real estate by the 
locating and laying out of a park or parks under this act 
that is conferred b}' chapter fifty-one of the Public Statutes 
upon boards of city or town officers authorized to lay out 
streets or ways ; and the provisions of the first eight sec- 
tions of said chapter relating to ways, shall apply to such 
assessments by boards of park commissioners in respect to 
the location and laying out of parks as aforesaid : provided, 
hoivever, that no assessment shall be laid upon any real 
estate except such as abuts upon the park from the laying 
out of which the betterment accrues, or upon a street or 
way bounded by such park. 

Section 8. Any town or city in which a public park 
is laid out under this act may raise, appropriate and expend 
such sums of money as may be deemed best for the pur- 
chase and improvement of such park or parks, subject 
to the laws of this Commonwealth limiting municipal 
indebtedness. 

Section 9. For the purpose of defraying the expenses 
incurred under the provisions of this act, the city council 
of any city shall have authority to issue from time to time, 
and to an amount not exceeding the sum actualh' expended 
for the purchase or taking of lands for a park or parks, 
bonds or certificates of debt, to be denominated on the 
face thereof the " Public Park Loan," and to bear interest 
at such rates and to be payable at such times as said city 
council may determine. For the redemption of such loan 
such city council shall establish a sinking fund sufficient, 
with the accumulating interest, to provide for the payment 
of such loan at maturity'. All amounts received for better- 
ments shall be paid into such sinking fund until such fund 

15 



Fee of land to 
be vested in city 
or town. 



Assessments 
for bettermentB. 



Proviso. 



May raise 
money subject 
to law limiting 
municipal 
indebtedness. 



" Public Park 
Loan." 



114 



1882. — Chapter 154. 



Land to be 
(orever main- 
tained as a 
public park. 



Military 
encampment, 
etc., not per- 
mitted without 
consent of 
board. 



Annual reports. 



When to take 
ellect. 



shall amount to a sum sufficient with its accumulations to 
pay at maturity the bonds for the security of which the 
fund was established. 

Section 10. All lands taken or held under this act 
shall be forever kept open and maintained as a public 
park or parks. No building covering more than six hun- 
dred square feet shall be placed or allowed to remain on 
any such park ; and no street or way, and no steam or 
horse railroad, shall be laid out over any portion of a park 
located under this act, except at such places and in such 
manner as the board of park commissioners shall approve. 

Section 11. No military encampment, parade, drill, 
review or other military evolution or exercise shall be held 
or performed on any park laid out as aforesaid except with 
the consent of such board, nor shall any military body 
without such consent enter or move in military order 
within such park, except in case of riot, insurrection, re- 
bellion or war. 

Section 12. All such boards of park commissioners 
shall make reports of their respective doings, including 
detailed statements of all receipts, expenditures and lia- 
bilities for the preceding year ; such reports to be made 
in towns at the annual town meetings, and at such other 
times as the town may direct, and in cities to the city 
council annually in the month of December. 

Section 13. This act shall not take full effect in any 
town or city unless accepted by a majority of the legal 
voters of such town or city present and voting thereon by 
ballot and using the check list, at a meeting or meetings 
notice whereof has been duly given at least seven days 
beforehand. Such ballots shall be "j^es" or "no" in 
answer to the question, " Shall an act passed by the legis- 
lature of the Commonwealth in the year eighteen hundred 
and eighty-two, entitled ' An Act authorizing towns and 
cities to lay out public parks within their limits,' be ac- 
cepted ? " In a town such meetings shall be called and 
notified in the manner in which meetings for the election 
of town officers are called and notified ; and in a city meet- 
ings to act thereon shall be held at one time in the usual 
voting places of the city, on such days as shall be designated 
by the board of aldermen at any regular meeting, and shall 
be called and notified by the board of aldermen in the 
manner in which meetings for the election of municipal 
officers are called and notified. The ballots cast shall be 
assorted, counted, and public declaration made thereof in 
open town or ward meeting, and the number of ballots 



1882. — Chapter 155. 



115 



respectively cast sliall be registered in the town or ward 
records as the case may be. The clerk of each ward in a 
city 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 acceptance of this 
act and of the number cast against its acceptance. The 
selectmen and town clerk of a town and the board of alder- 
men of a city in which such meeting or meetings are held 
shall certify, as soon as may be thereafter, to the secretary 
of the Commonwealth, the whole number of ballots cast 
in favor of the acceptance of this act, and the whole num- 
ber cast against its acceptance ; and if it shall appear that 
a majority of the ballots have been cast in favor of accept- 
ance, the said secretary shall immediately issue and publish 
his certificate declaring this act to have been duly accepted 
by such town or city. 

Section 14. No second meeting for the purpose of second meeting 

J^ .• c /• xi • J- I n 1 not to be called 

voting upon the question or accepting triis act snail be within twelve 
called within twelve months from the first, unless the Srst.^'"°'° 
first meeting shall have failed through illegality or irregu- 
larity in the proceedings. 

Section 15. This act shall take effect upon its passage. 

Approved April 13, 1882. 

An Act to authorize the cities of boston and Cambridge Chap. 155 

TO construct and maintain a bridge over CHARLES RIVER. 

Beit enacted, etc., asfolloivs: 

Section 1. The cities of Boston and Cambridge are Bridge over 
authorized to construct a bridge and avenue across Charles between Boston 
River, from a point on Beacon Street in Boston, to a point ^"'i Cambridge. 
in Cambridge west of the westerly line of the Boston and 
Albany Railroad. The location of said bridge and avenue 
shall be determined by the city councils of said cities act- 
ing separately, subject to the approval of the board of 
harbor and land commissioners so far as it affects the har- 
bor, and subject moreover to the limitation that the line 
thereof shall not be north-east of a line drawn from the 
junction of Beacon Street and West Chester Park in Bos- 
ton, to the junction of the harbor line with Front Street, 
extended, in Cambridge, nor south-west of a line drawn 
from the junction of Beacon Street, Brookline Avenue 
and Brighton Avenue in Boston, to the junction of the 
Boston and Albany Railroad with Putnam Avenue, ex- 
tended, in Cambridge. Said bridge shall have a draw Draw to be 
with a clear opening of at least thirty-eight feet in width f^t'^vrdef"" 
for the passage of vessels. 



116 



1882. — Chapter loo. 



Materials of 
structure. 



Bridge to be 
built by cities 
jointly. 



Each city may 
take lands 
within its own 
limits. 



Distribution of 
expense of 
building. 



Coramlssioners 
to be appointed. 



Expense of 
keeping In 
repair. 



Section 2. Said bridge shall be constructed of such 
materials as the t^aid cities may agree upon, but on iron or 
stone piers and abutments, to be of such size, shape and 
construction, and be at such distance from one another, as 
the said board of harbor and land commissioners upon 
application made by said cities upon such notice as said 
board may deem proper, and after a hearing thereon shall 
determine and certify to each of said cities ; and no pier 
or abutment shall be built except in accordance with such 
certificate. The avenue, with the exception of the portion 
between the harbor lines, may be constructed of solid fill- 
ing, with the approval of the said board of harbor and land 
commissioners. Neither city separately shall enter upon 
the construction of said bridge, but they shall jointly pro- 
ceed to construct the same in accordance with plans to be 
submitted to and approved by the councils of said cities 
concurrently, and by the said board of harbor and land 
commissioners. 

Section 3. Each city may within its own limits pur- 
chase or otherwise take lands, not exceeding one hundred 
and twenty-five feet in width, for said bridge and avenue ; 
and all the proceedings relating to such taking shall be 
the same as in the case of land taken for highways within 
said cities respectively, with like remedies to all parties 
interested ; and betterments may be assessed for the con- 
struction of said bridge and avenue in each city in like 
manner as for the laying out of highways under the better- 
ment acts in force in each city respectively, with like 
remedies to all parties interested. 

Section 4. Each of said cities shall bear the expense, 
including land damages, of constructing such part of said 
bridge and avenue as lies upon its own side of the Charles 
River ; but the expense of constructing so much thereof, 
including the draw, as shall lie between the harbor lines, 
shall be borne by both cities in such proportion as may be 
agreed upon by the two cities. The care and management 
of said bridge and draw shall be vested in a board of com- 
missioners consisting of one person from each city, chosen 
in accordance with such ordinances as said cities shall 
respectively establish, and until such commissioners are 
chosen the mayors of said cities shall er officii)* constitute 
such commissioners. 

Section 5. Said avenue and bridge when completed 
shall be a public highway, and the expense of maintaining 
in repair that part thereof which lies between the harbor 
lines, and of keeping the draw in repair, and of tending 



1882. — Chapters 156, 157. 



117 



Bonds may be 
issued by each 
city. 



the draw day and night for tlie passage of vessels, shall be 
borne equally by the two cities, and all damages recovered 
by reason of any defect or want of repair in that part of 
the bridge between the harbor lines, or in the draw, shall 
be paid equally by said cities. 

Section 6, Said avenue may cross at grade any rail- Avenue may 
road operated by steam, and the board of railroad, com- at g?ade. '^°*' 
missioners shall, upon the application of either city or any 
railroad corporation, prescribe the details of the crossing, 
and certify to the parties its decision, which decision may 
be enforced by proper process in equity. 

Section 7. Each of said cities may issue bonds in 
paj'ment in whole or in part of the expense incurred by it 
under this act. Such bonds may bear interest, payable 
semi-annually, at a rate not exceeding six per cent, per 
annum, and shall be payable at such time not less than 
ten nor more than thirty years from their respective dates, 
as shall be determined by said cities respectively, and 
expiessed upon the face of the bonds. Nothing, however, 
contained herein shall warrant an increase of municipal 
indebtedness beyond the limitations prescribed by section 
four of chapter twenty-nine of the Public Statutes. 

Section 8. This act shall be void unless that portion Tobecon- 
of the bridge between the harbor lines shall be constructed ten yeLsT' "" 
within ten years from the passage hereof. 

Approved April 14, 1882. 

An Act to establish the salary of the district-attorney Chap. 156 

FOR the eastern DISTRICT. 

Be it enacted, etc., as follows : 

Section 1. The salary of the district-attorney for the salary 
eastern district shall hereafter be twenty-four hundred ^^*'^^''«'^^'^- 
dollars a year. 

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

Approved April 14, 1882. 

An Act to provide for the appointment of an assistant Chap. 157 

DISTRICT-ATTORNEY FOR THE EASTERN DISTRICT. 

Beit enacted, etc., as follows: 

The district-attorney for the eastern district may ap- 
point an assistant district-attorney, removable at his pleas- 
ure, to assist him in the performance of his official duties, 
who shall receive out of the treasury of the county of 
Essex a salary of one thousand dollars a year, and at that 
rate for any part of a year. 

Approved April 14, 1882. 



May appoint an 
assistant. 



118 



1882. — Chapters 158, 159, 160. 



Chap. 158 An Act relating to the distribution of public documents. 
Be it enacted, etc., as follows: 

Section ten of chapter four of the Public Statutes is 
hereby amended by inserting the words " and assistant 
clerks " after the word " clerks " in line two, and after the 
word " clerks " in line one, paragraph three of said section. 

Approved April 14, 1882. 



Araendment to 
P.8. 4, § 10. 



May increase 
water loan. 



Chap. 159 An Act to authorize the city of taunton to increase its 

WATER LOAN. 

Be it enacted, etc., as follows : 

Section 1. The city of Taunton, for the purposes 
mentioned in section five of chapter two hundred and 
seventeen of the acts of the year eighteen hundred and 
seventy-five and chapter seventy-four of the acts of the 
year eighteen hundred and eighty, may issue notes, scrip, 
bonds or certificates of debt, to be denominated on the 
face thereof "• Taunton Water Loan," to an amount not 
exceeding one hundred thousand dollars, in addition to 
the amounts which said city is now authorized to issue, to 
be issued upon the same terms and conditions and with the 
same powers as are provided in said chapter two hundred 
and seventeen for the issue of bonds of said city : provided, 
that the whole amount of such water scrip, notes, bonds 
or certificates of debt issued by said city for the purposes 
of said water loan hereunder and under said chapter two 
hundred and seventeen and the acts in addition thereto 
shall not in any event exceed the amount of four hundred 
and fifty thousand dollars. 

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

Approved April 14, 1882. 



Increase not to 
exceed $100,000. 



Proviso. 



Fisheries 
eelablislied. 



Chap. 160 -A-N Act relative to the fisheries in granite or goose cove 

POND IN THE CITY OF GLOUCESTER. 

Be it enacted, etc., as follows: 

Section 1. David Babson of Rockport shall have the 
exclusive right in Granite or Goose Cove Pond in the city 
of Gloucester for the purpose of cultivating lobsters and 
other useful fish until the first day of September in the 
year eighteen hundred and eighty-three. 

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

Apjjroved April 15, 1882. 



1882. — Chapter 161. 



119 



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 ap- 
propriated, to be paid out of the treasury of the Com- 
monwealth, from the ordinary revenue, unless otherwise 
ordered, for the purposes specified in certain acts and 
resolves of the present year, and for other purposes, to 
wit : — 

For additional clerical assistance in the department of 
the treasurer and receiver-general, a sum not exceeding 
one thousand two hundred dollars, as authorized by chap- 
ter one hundred and eleven of the acts of the present 
year; the same to be in addition to the amount heretofore 
appropriated. 

For the salary of the judge of probate and insolvency 
for tlie county of Middlesex, five hundred dollars, as 
authorized hy chapter one hundred and twenty-nine of the 
acts of the present year ; the same to be in addition to 
the amount heretofore appropriated. 

For the overseers of the poor of the citj^ of New Bed- 
ford, three hundred and forty-six dollars and seventy-one 
cents, as authorized by chapter thirteen of the resolves of 
the present j^ear. 

For repairs of the buildings of the State Normal School 
at Bridgewater, one thousand five hundred dollars, as 
authorized by chapter seventeen of the resolves of the 
present year. 

For the Massachusetts Charitable Eye and Ear Infirmary, 
ten thousand dollars, as authorized by chapter eighteen of 
the resolves of the present year. 

For repairing the dwelling-house of Samuel C. Cisco 
and Sarah M. Cisco, membei's of the Hassanamisco tribe 
of Indians, two hundred dollars, paj'able to the selectmen of 
the town of Grafton, as authorized by chapter nineteen 
of the resolves of the present year. 

For Fanny Ross, two hundred dollars, as authorized by 
chapter twenty-one of the resolves of the present year. 

For the State Normal School at Worcester, one thou- 
sand dollars, as authorized by chapter twenty-two of the 
resolves of the present year. 

For Augustus N. Davis, three hundred dollars, as 
authorized by chapter twenty-three of the resolves of the 
present year. 

For William B. F. Whall, one hundred dollars, as 



Chap.l^l 



Appropriations. 



Treasurer. 



Judge of 
probate, etc., 
for Middlesex. 



Overseers of 
poor of New 
Bedford. 



Normal School 
at Bridgewuler. 



Eye and Ear 
Infirmary. 



Hassanamisco 
Indians. 



Fanny Ross. 



Normal School 
at Worcester. 



Augustus N. 
Davis. 



W. B. F. 
Whall. 



120 



1882. — Chapter 161. 



Town of 
Quincy. 



Bureau of 
Btatistics of 
1 abor. 



Town of 
Charlemont. 



Report of trus- 
tees of Agricul- 
tural College. 



Laws relating 
to public 
schools. 



Rice and 
Hutchins. 



Towns of Otis, 
Sandisfield, and 
Tolland. 



State Primary 
Rchool at 
Monson. 



War records. 



Committee on 
railroads. 



BountieH to 

MaMsacliuwi'tta 

volunleerB. 



Specia 



authorized by chapter twenty-four of the resolves of the 
present year. 

For the town of Quincy, one hundred and thirty-seven 
dollars and twenty-five cents, as authorized by chapter 
twenty-five of the resolves of the present year. 

For clerical services and for expenses of the bureau of 
statistics of labor, a sum not exceeding one thousand 
dollars, as authorized by chapter twenty-six of the resolves 
of the present year ; the same to be in addition to the 
amount heretofore appropriated. 

For the town of Charlemont, three hundred and eighty- 
six dollars and fifty cents, as authorized by chapter 
twenty-eight of tlie resolves of the present year. 

For printing additional copies of the report of the 
trustees of the Agricultural College, a sum not exceeding 
two hundred dollars, as authorized by chapter thirty-one 
of the resolves of the present year. 

For the publication of a new edition of the statutes 
relating to public schools, five hundred dollars, as author- 
ized by chapter thirty-two of the resolves of the present 
year. 

For Rice and Hutchins, one thousand seventy-eight 
dollars and ninety-two cents, as authorized by chapter 
thirty-four of the resolves of the present year. 

For the town of Otis, sixteen thousand dollars; for the 
town of Sandisfield. twenty-four thousand dollars ; for the 
town of Tolland, fifteen thousand dollars, as authorized 
by chapter thirty-five of the resolves of the present year. 

For painting the buildings of the State Primary School 
at Monson, a sum not exceeding two thousand five hun- 
dred dollars, as authorized by chapter thirty-six of the 
resolves of the present year. 

For continuing the work on the war records in the 
department of the adjutant-general, two thousand dollars, 
as authorized by chapter thiity-seven of the resolves of 
the present year.' 

For expenses incurred by the committee on railroads of 
the present legislature, three hundred dollars, as authorized 
by an order of the House of Representatives adopted 
March fourteenth eighteen hundred and eighty-two. 

For bounties to Massachusetts volunteers, in accordance 
with the provisions of chapter one lumdred and twelve of 
the acts of the present year, a sum not exceeding five 
hundred dollars. 

For the publication of certain special laws, in accordance 
with the provisions of chapter twenty-one of the resolves 



1882. — CHArxERs 162, 163. 121 

of the year eighteen luindred and eighty-one, a sum not 
exceeding five thousand dollars. 

For expenses of summoning witnesses before committees, witnesseB 

drnn !•, , J- XI before comtnit- 

lor tees tor such witnesses, a sum not exceeding hve tees. 

hundred dollars ; the same to be in addition to the amount 

heretofore appropriated. 

For rebindiuCT for preservation such number of the vol- ReWnding 

p . y -^ , T . . , • ,1 1 • ancient records 

umes ot ancient records and original papers in the archives 
of the Commonwealth, under the direction of the secre- 
tary of the Commonwealth, as may be necessary, a sum 
not exceeding five hundred dollars. 

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

Approved Ajml 19, 1882. 

An Act relating to the fencing of railroads. Chap. 162 

Be it enacted., etc., as follorvs : 

Section 1. Section one hundred and fifteen of chapter Railroads to be 
one hundred and twelve of the Public Statutes is hereby exempted by 
amended by striking out the words " county commissioners mi'gg°oner8"" 
of the 6ounty in which such places are situate," and 
inserting in place thereof the words " board of railroad 
commissioners." 

Section 2, No exemptions heretofore made shall be Revocation of 
revoked except upon^ new proceedings had under the heretofo?r 
provisions of the Public Statutes as hereby amended ; ™'*'^'^- 
notice of such proceedings shall be given to the railroad 
corporation or corporations interested, and published once 
a week for three successive weeks in some newspaper 
published in eacli county in which the lands are situated. 

Section 3. This act shall take effect on the first day To take effect 
of August in the year eighteen hundred and eighty-two. "^' ' 

Approved April 19, 1882. 

An Act for the protection of forests against fires. Chap .\Q^ 
Be it enacted, etc., as follows : 

Section 1. Whoever wantonly and recklessly sets fire Penalty for 
to any material which causes the destruction or injury of tree's"^ 
any growing or standing wood of another shall be punished 
by fine not exceeding one hundred dollars or by imprison- 
ment in the jail not exceeding six months. 

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

Approved April 19, 1882. 

.16 



122 



1882. — Chapters 164, 165, 166. 



Construction 
of thi; word8 
" mayor and 
aldermen." 



Chap. 164 An Act to define the meaning of the words mayor and 

ALDERMEN. 

i?e it enacted, etc., as folloios : 

Section 1. In all laws relating to cities, the words 
mayor and aldermen shall, unless provision is or shall be 
otherwise made, be construe'd to mean board of aldermen, 
any thing in the charter of any city or in any act in 
amendment thereof to the contrary notwithstanding : pro- 
vided, hoivever, that all appointments which are directed 
to be made by the mayor and aldermen shall be made in 
accordance with existing provisions of law. 

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

Approved April 19, 1882. 

Chap. 165 An Act relating to the assessment of taxes on the per- 
sonal ESTATE OF INSOLVENTS, JOINT OWNERS, AND TENANTS 
IN COMMON. 

Be it enacted, etc., as follows : 

Section 1. Section twenty of chapter eleven of the 
Public Statutes is hereby amended by adding thereto the 
following words : '■'• Eighth. Personal property taxable as 
such, held in trust by an assignee or assignees under the 
insolvent law or any bankrupt law or under any voluntar}' 
assignment for the benefit of creditors, shall be assessed 
to such assignee or assignees in the place where the in- 
solvent bankrupt or assignor had his principal place of 
business ; and if he had no such place of business, then 
in the place of his residence. Ninth. Personal property 
of joint owners or tenants in common other than partners 
shall be assessed to such owners, according to their respec- 
tive interests, in the places where they respectively reside.'' 

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

Approved Ajyril 19, 188 2. 



Assessment of 
taxes upon per- 
sonal property 
held in trust by 
an assiijnee 
under the insol 
vent law. 



Personal prop 
erty of joint 
owners, etc. 



Chap. 166 



Salmon and 
shad (islieries 
rtgulated. 



An Act relative to fishing in the merrimack river. 
Be it enacted, etc., as follows: 

Section 1. The penalties provided by chapter ninety- 
one of the Public Statutes relative to fishing in the Merri- 
mack River shall not apply to or be in force against any 
person drawing a net or seine after the twentieth day of 
June in each year at any point below the Essex Merrimack 
Bridge in said river, unless such person shall take salmon 
or shad, nor shall a person taking a salmon or shad while 
thus lawfully fishing and immediately returning it alive to 
the waters from which it was taken be liable to any of the 
aforesaid penalties. 



1882. — Chapters 167, 168. 



123 



Charter 
amended. 



Officers to be 
chosen. 



Section 2. No penalty shall be incurred by any one no penalty for 
taking sturgeon in the tidal waters of the Merrimack '^ '"^ '^'^""" 
River: provided, that no net or seine having a mesh which 
stretches less than twelve inches shall be used in taking 
the same. 

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

Approved Ajnil 19, 1882. 

An Act to amend "an act to incorporate the subterranean Chap. 167 

CABLE COMPANY OF BOSTON." 

Be it enacted, etc., as follows : 

Section 1. Chapter two hundred of the acts of the 
year eighteen hundred and seventy-nine, incorporating 
the Subterranean Cable Company of Boston, is amended 
by striking out sections two, three and four and substi- 
tuting therefor the following two sections: "Section 2. 
The capital stock of said corporation shall be one million capuai stock, 
dollars, all of which shall be paid in in cash before said cor- 
poration shall commence business ; and said capital stock 
may be increased from time to time by vote of the corpo- 
ration to an amount not exceeding two million dollars. 
Section 3. The stockholders of said corporation shall 
annually in the month of April at a meeting duly called 
for the purpose, elect a clerk, treasurer and a board of not 
less than five nor more than fifteen directors, who shall 
perform the duties usually exercised by such officers. 
Any vacancy in either of said offices may at any time be Vacancies, 
filled by the board of directors until the next annual 
meeting of the corporation." 

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

Approved April 19, 1882. 

An Act to authorize the city of boston to issue a public Chap. 168 

PARK LOAN. 

Be it enacted, etc., as follows: 

For the purpose of defraying the expenses incurred May issue a 
under the provisions of chapter one hundred and eighty- Loan."'" 
five of the acts of the year eighteen hundred and seventy- 
five, entitled " An Act for the laying out of public parks 
in or near the city of Boston," and of any acts in amend- 
ment thereof or addition thereto, the city council of the 
city of Boston shall have authority to issue, from time to 
time, and to an amount not exceeding the amount actually 
expended for the purchase or taking of lands or flats for 
park purposes, bonds or certificates of debt to be denomi- 
nated on the face thereof "Public Park Loan," to bear 



124 



1882. — Chapters 169, 170. 



Sinking fund to 
be established. 



Hopkinton 
excluded from 
judicial dis- 
trict. 



interest at a rate not exceeding six per centum per annum, 
and to be payable at such periods as said city council may 
determine, not exceeding thirty years from their respective 
dates. For the redemption of such loan said city council 
shall establish a sinking fund sufficient with the accumu- 
lating interest to provide for its payment at maturity. 
All sums received for betterments from the laying out of 
public parks shall be paid into said sinking fund until such 
fund shall amount to a sum sufficient with its accumula- 
tion to pay at maturity the bonds for the security of which 
the fund was established. Approved Ajjril 19, 18S2. 

Chap. 169 An Act to take the town op hopkinton from the judicial 

DISTRICT OF THE FIRST DISTRICT CODRT OF SOUTHERN MID- 
DLESEX. 

Beit enacted, etc., as follows: 

The town of Hopkinton shall not hereafter be included 
in the judicial district of the first district court of Southern 
Middlesex ; but no suit or other matter pending in said 
court shall be affected hereby. 

Approved April 19, 1882. 

Chap. 170 An Act for securing better drainage and for the preser- 
vation OF THE PUBLIC HEALTH IN THE CITY OF LAWRENCE. 

Beit enacted, etc., as follows: 

Section 1. The city council of the city of Lawrence 
may fix the boundaries of the Spicket River, in said city, 
and for that purpose may alter, change, widen, straighten 
and deepen the channel of said Sj)icket River, and remove 
obstructions therefrom, and may use and appropriate said 
channel as improved, cover it, pave it, and enclose it in 
retaining walls, and lower or raise the surface of the water 
in said (;hannel from the present level, so far as the said 
city council shall adjudge necessar}'^ for the purposes of 
sewerage, drainage and the preservation of the public 
health. 

Section 2. The said city council may, in pursuance 
of said scheme for improving the valley of said Spicket 
River, lay out, construct and maintain such sewers as it 
ma}'^ adjudge necessary for drainage and the preservation 
of the public health. 

Section 3. The said city council may establish grades 
in the different parts of said valley as it may adjudge to 
be necessary for the (3omplete diainage thereof and the 
preservation of the public health, and may from time to 
time reqiiiie the owners of land in said \alley, or any of 



May alter chan- 
nel of Spicket 
River for pur- 
poses of di-ain- 
age. 



M.iy maintain 
sewers, elc. 



May establish 
gnuk-H, and 
require owni-rs 
to r:iise llidr 
lands to the 
jjrades estab- 
lished. 



1882. — Chapter 170. 



125 



them, to raise the surface of said land to the established 
grade, and to fill the same with good materials to the ap- 
proval of said city council. All orders under this section 
shall be made in writing, and served in the mode provided 
for serving orders of boards of health for the abatement 
of nuisances. 

Section 4. If any owner of land so required to be 
filled fails to comply with any such order within six 
months after service thereof, the said city council may 
cause the same to be filled with proper materials to the 
established grade ; and all necessary expenses incurred 
thereby shall be a lien on said land, and may be collected 
as provided in section eleven of this act. 

Section 5. Any person dissatisfied with the assess- 
ment, so made upon his land for the expense of filling the 
same, may give notice thereof in writing to the said city 
council within six months after such assessment is made, 
and the said city shall thereupon take said land. 

Section 6. The said city may take and hold by purchase 
or otherwise, such lands, water rights, dams, easements 
and other real estate as said city council may adjudge 
necessary for the purposes of this act, including land 
whereby to obtain materials for such grading. If said 
city or its agents do not agree with the owner of any 
such lands or rights to purchase the same, the said city 
may take the same. 

Section 7. Within sixty days after the taking of any 
land under the preceding sections, the said city council 
shall cause to be filed and recorded in the registry of deeds 
for the northern district of the county of Essex a descrip- 
tion of the land so taken sufficiently accurate for identifi- 
cation, with a statement that the same is taken pursuant 
to the provisions of this act, which description and state- 
ment shall be signed by the mayor of said city ; and the 
title to the land so taken shall vest absolutely in the city. 

Section 8. If any person whose land or rights are 
taken under this act agrees with said city upon the dam- 
age done to him by such taking, the same shall be forth- 
with paid to him by said city. If any person whose land 
or rights are so taken, or who suffers damage or injury 
in his property or rights from any act of said city or its 
agents in the execution of the powers conferred by this 
act, cannot agree with said city as to the value of the 
estate so taken or as to the injury so suffered, he may 
have the amount of damages sustained by him assessed 
by the county commissioners for the county of Essex, on 



If owner fails 
to fill land, it 
may be done by 
the city. 



City to take 
land if owner 
is dissatisfied 
with assess- 
ment. 



City may take 
any lands, etc. 



To have re- 
corded in 
registry of 
deeds a descrip- 
tion of the 
land taken. 



Liability for 
damages. 



126 



1882. — Chapter 170. 



Rights and 
remedies of 
persons having 
separate rights 
in the same 
property. 



Assessments for 
betterments. 



Assessment to 
be lien upon 
estate for two 
years. 



Person ng- 
griivcd luiiy 
apply for a 
Jury. 



application made by him to them in writing within one 
year after such taking or surrender ; and either party dis- 
satisfied with the award of the county commissioners may 
apply, within six months after the filing of their award, 
to the superior court for said county of Essex for a jury 
to assess such damages. The proceedings before the 
county commissioners and the superior court shall be simi- 
lar to those in case of land taken for highways. The said 
city shall forthwith pay to such persons as may be entitled 
thereto all such sums as ma}^ be finally determined to be 
due them, with all interest and costs awarded therewith. 

Section 9. The respective rights and remedies of 
persons having different or separate rights in the same 
property as to the disposition of damages awarded to them 
and agreed to by them shall be the same in all respects as 
they now are in case of property taken in laying out 
highways. 

Section 10. If in the opinion of the city council of 
said city any real estate receives any benefit and advan- 
tage from the improvements made under this act beyond 
the general advantage to all the real estate in said city, it 
shall determine the value of such benefit and advantage to 
such real estate, and may assess upon the same a propor- 
tional share of the expense of such improvements. Such 
valuation and assessment may, if the city council so order, 
be made separately for sewers constructed under this act, 
and for other work done under it. Such assessment shall 
be made after the work for which it is laid is completed, 
and within two years from its completion. 

Section 11. The sum so assessed shall be a lien upon 
any such real estate for two years after it is assessed, and 
if not paid within ninety days after notice of such assess- 
ment is served upon the owner of any such real estate, or 
is left at his last and usual place of abode, if he is a resi- 
dent of said city, or if the owner is a noi)-resident, after 
such notice is served by publishing the same once a week 
for three successive weeks in some newspaper published 
in said city, and also personally, if the place of residence 
of such non-resident is known to the collector of taxes, the 
amount assessed may be collected by a sale of such real 
estate, conducted in the same manner as a sale of real 
estate for the non-payment of taxes ; or, at the election of 
said cit}', the amount so assessed, or any part thereof, may 
be collected by a suit at common law. Any person ag- 
giieved at the amount so assessed upon his real estate 
may, at any time within ninety days after receiving notice 



1882. — Chapter 171. 



127 



of such assessment, apply to the superior court for said 
county for a jury to revise such assessment in the manner 
provided in section eight of this act. The lien for the sum 
so assessed, and costs accruing thereon, shall continue for 
one year after final judgment upon said application, unless 
the sum found due is sooner paid; but if judgment shall 
be rendered sustaining such assessment in any part, said 
city, on motion, may have an execution in common form 
therefor; and the lien upon such real estate sliall there- 
upon cease. If such assessment shall be declared void for 
any defect, re-assessment may be made as is provided in 
case of the re-assessment of taxes. 

Section 12. In every case where a jury is applied for 
under this act the party in whose favor the award or assess- 
ment appealed from is changed shall be considered as the 
prevailing party, and shall recover costs 

Section 13. The city of Lawrence is authorized to lay 
railway tracks through any street of said city, and main- 
tain them so long as may be necessary to enable earth and 
other material to be transported to fill the said district 
under the provisions of this act. 

Section 14. The powers conferred by this act, except 
so far as the taking of lands and rights are concerned, may 
be delegated by said city council to such board of commis- 
sioners as it may by ordinance establish, or the said powers 
may be exercised directly by said city council. 
• Section 15. This act shall take effect upon its accept- 
ance, at any time within two years from its passage, by an 
order passed by a two-thirds vote of all the members of 
each branch of the said city council, voting by yeas and 
nays, and approved by the mayor of said city. 

Approved April 19, 1882. 

An Act to fix the capital stock of the pocasset manufac- Chap. 171 

TURING COMPANY OF FALL RIVER. 

Be it enacted, etc., as follows : 

Section 1. The capital stock of the Pocasset Manu- 
facturing Company of the city of Fall River, incorporated 
by an act of the general court approved the eighth day of 
February in the year eighteen hundred and twenty-two, 
is fixed at the sum of one million one hundred and sixty- 
one thousand dollars, divided into eleven thousand six 
hundred and ten shares of one hundred dollars each, to be 
divided amongst its present stockholders in proportion to 
their respective interests. Said corporation may from 
time to time increase its capital stock to an amount not 



Recovery of 
costs. 



City may lay 
railway tracks 
through streets. 



Powers may be 
exercised by 
commissioners. 



Subject to 
acceptance by 
two-thirds vote 
of the city 
council. 



Capital stock 
fixed at 
$1,161,000. 



May increase 
capital stock. 



128 



1882. — Chapter 172. 



Conditions to 
be complied 
with. 



exceeding in the whole one million five hundred thousand 
dollars. 

Section 2. If said corporation, by vote of a majority 
in interest of its stockholders at a legal meetingf called for 
the purpose, shall within six months from the passage of 
this act vote to accept this act, and shall within said six 
months cause to be recorded in the registry of deeds for 
the northern district of the county of Bristol a certificate, 
signed by its president, treasurer, clerk, and a majority of 
its directors, stating the amount of its debts and credits, 
and an estimate of its real and personal estate for the 
purpose of carrying on its business, at the time of mak- 
ing such certificate, and that the value of its property over 
and above all its debts and liabilities is not less than the 
amount of its capital stock as fixed by this act ; and if said 
officers shall make oath that they have carefully examined 
the records and accounts of said corporation, and faithfully 
estimated the value of the property and funds thereof, 
and that said certificate by them signed is true according 
to their best knowledge and belief, then said corporation, 
together with its members and officers shall be entitled 
to the same rights, privileges and immunities, and be 
subject to the same liabilities and provisions of law as if 
said corporation had been organized under the provisions 
of chapter one hundred and six of the Public Statutes 
with a capital stock fully paid in as required by said chap- 
ter, and had duly made and filed the certificate mentioned 
in section forty -six of said chapter. 

Section 3. Nothing contained in this act shall affect 
or impair any debts or obligations existing at the time of 
recording said certificate. 

Sp]CTION 4. This act shall take effect upon its ac- 
ceptance as provided in section two. 

Approved April 19, 1882. 

Chap. 112 An Act to provide for the confirmation of certain deeds 

AND LEASES OF THE TUUXEU's FALLS COMPANY. 

Be it enacted, etc., as follows: 

Section. 1. The Turner's Falls Company may, by a 
vote of its stockholders at a meeting duly called for the 
purpose, ratify and confirm any deeds or leases of real 
estate or water power lieretofore made in the name of 
said company as grantor or lessor, and all deeds and 
leases so ratified and confirmed shall have the same force 
and effect as if they liad been made and executed by due 
authority of said company : provided, however, that such 



Debts and obli- 
gations not im- 
paired. 



May by vote 
confirm deeds 
and leases. 



1882. — Chapter 173. 



129 



ratification and confirmation shall not impair the right or 
title of any person or corporation claiming under said com- 
pany by force of any deed, lease, attachment or levy made 
previous to the passage hereof. 

Section 2. The said corporation may exercise and 
enjoy all the rights, privileges and powers conferred upon 
it by sections one and three of chapter one hundred and 
ninety-eight of the acts of the year eighteen hundred 
and seventy- four, notwithstanding any thing which may 
be to the contrary contained in chapter one hundred and 
forty-eight of the acts of the year eighteen hundred and 
eighty. 

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

Approved April 19, 1882. 



Powers and 
privileges. 



firmed. 



An Act relating to the incorporation and locations of Chap. 173 

TUE CHARLES RIVER STREET RAILWAY COMPANY. 

Be it enacted, etc., as follows: 

Section 1. The certificate issued by the secretary of charter con- 
the Commonwealth on the twenty-sixth day of August 
in the year eighteen hundred and eighty-one, certifying 
that Samuel L. Montague, Charles E. Kaymond, Daniel 
U. Chamberlain and others, their associates and success- 
ors, were legally established as a corporation under the 
name of the Charles River Street Railway Company, for 
the purpose of locating, constructing, maintaining, and 
operating a street railway for the conveyance of persons, 
with all the powers and privileges, and subject to all the 
duties, liabilities and restrictions set forth in all general 
laws which then were or hereafter might be in force 
relating to street railway companies, is ratified and con- 
firmed ; and said corporation shall be deemed and taken 
to have been then duly established, and it shall exercise 
and enjoy the aforesaid powers and privileges, and shall 
be subject to the aforesaid duties, liabilities and restrictions, 
except so far as the same are modified and controlled by the 
provisions of this act. 

Section 2. All locations heretofore granted to said 
corporation by the boards of aldermen of the cities of 
Cambridge and Somerville are ratified and confirmed and 
shall be deemed and taken to have been duly granted, and 
said corporation shall have power to maintain and use the 
same, subject to the provisions of section forty-eight of 
chapter one hundred and thirteen of the Public Statutes: 
provided, the tracks of said corporation shall not cross the proviso. 
Fitchburg Railroad at grade without the consent of the 
board of railroad commissioners. 



Locations con- 
firmed. 



17 



130 



1882. — Chapter 174. 



May construct 
railway with 
elnglti or double 
tracks. 



May be allowed 
to enter upon 
trackH of otlier 
street railway 
corporations. 



Section 3. Said corporation may construct, maintain 
and use its railway with single 6r double tracks, and with 
convenient and suitable turnouts, from a point on Coolidge 
Avenue in the town of Watertown, opposite the southerly 
entrance to Mount Auburn Cemetery over said avenue to 
Mount Auburn Street in the city of Cambridge, there to 
connect with the location heretofore granted to said cor- 
poration ; also from a point on Brookline Bridge at the 
dividing line between the cities of Cambridge and lioston 
over said bridge and Brookline Street to and across 
Brighton Avenue in the city of Boston, to and into Essex 
Street in the town of Brookline, to a point at or near 
Cottage F'arm station on the Boston and Albany Railroad ; 
and, subject to the proviso contained in section two in 
regard to crossing the Fitchburg Railroad at grade, upon 
and over such other highways in said cities of Boston, 
Cambridge and Somerville and the towns of Watertown and 
Brookline as locations thereon may hereafter from time to 
time be granted by the boards of aldermen of said cities or 
the selectmen of said towns. 

Section 4. The board of aldermen of the city of Bos- 
ton may from time to time, upon petition of said Charles 
River Street Railway Company, after due notice and hear- 
ing, grant to said corporation the right to enter upon and 
use the tracks of any other street railway corporation in 
said city, and compensation shall be made therefor as pro- 
vided by law ; and said Charles River Street Railway 
Company, or any other party interested, may appeal from 
any decision of said board of aldermen, made upon any 
such petition, to the board of railroad commissioners, and 
said board of lailroad commissioners may decide upon any 
such petition, and, in case it grants the same, may deter- 
mine the extent of use of tracks, and the number and routes 
of cars. 

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

Approved Ajml 19, 1S82. 



Chap. \14i An Act authorizing the appointment of additional pilots 

FOR PORTS OTHKR THAN THE PORT OF BOSTON. 

Be it enacted, etc., as follows : 

Section 1. The governor, by and with the advice and 
consent of the council, ma}', for the ports of Massachusetts 
other than the port of Boston, ap{ioint pilots in addition 
to those now authorized by law. No suih ajipointment 
shall bo made for a port where the recomnuMulation of any 



Additional 
pilotH may be 
appointed. 



1882. — Chapter 175. 



131 



society or persons is now required by law unless a certifi- 
cate of qualification from such society or persons is fur- 
nished : provided, that if such society or persons decline rroviso. 
or neglect for three months after application to them to 
certify either affirmatively or negatively as to the qualifica- 
tions of an applicant, the appointment may be made without 
such certificate. Such society or persons may also certify 
to the governor their judgment as to the need of additional 
appointments for the good of the service. Pilots appointed 
by virtue of this act shall be subject to all existing pro- 
visions of law not conflicting herewith. 

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

Approved April 19, 1882. 
An Act relating to the assessment of taxes upon mort- Chap. 175 

GAGED REAL ESTATE. 

Be it enacted, etc., as follows: 

Section 1, Any mortgagor or mortgagee of real estate Assessment of 
may bring in to the assessors of the town or city where mortgagedreai 
such real estate lies, within such time as shall be specified ^»^^^'^- 
for bringing in the lists as provided in section thirty-eight 
of chapter eleven of the Public Statutes, a statement, under 
oath, of the amount due on each separate lot or parcel of 
such real estate, and the name and residence of every 
holder of an interest therein as a mortgagee or mortgagfor. 
When such property is situated in two or more places, or 
when a recorded mortgage includes for one sum two or 
more estates or parts of an estate, an estimate of the 
amount of the mortgagee's interest in each estate or part 
of an estate shall be given in such statement. The assess- 
ors shall, from such statements or otherwise, ascertain the 
proportionate parts of such estates that are the interests of 
mortgagees and mortgagors respectively, and shall assess 
the same. Whenever, in any case of mortgaged real estate, 
a statement is not brought in as herein provided, no tax 
for the then current year on such real estate shall be inval- 
idated for the reason that a mortgagee's interest therein 
has not been assessed to him. 

Section 2. The provisions of the preceding section Notice to assess- 
shall be included in the notice to be given by the assessors ^^^' 
under the provisions of section thii-ty-eight of chapter 
eleven of the Public Statutes. 

Section 3. Section fourteen of said chapter eleven is Amendment to 
hereby amended by striking out the words "taxable real I'-^-i^'S^^- 
estate," in the first line of said section, and inserting in 



132 



1882. — Chapters 176, 177. 



Clerk to be 
appointed. 



place thereof the words " real estate not exempt from taxa- 
tion under the provisions of section five of this chapter." 
Section 4. This act shall take effect upon its passage. 

Approved April 21, 1S82. 

Chop. 176 An Act providing for a clerk for the police court of 

CHELSEA. 

Be it enacted, etc., as follows : 

Section 1. There shall be a clerk of the police court 
of Chelsea, who shall be appointed in accordance with the 
provisions of law relating to the appointment of clerks of 
police courts, and who shall enter upon the discharge of 
his duties on the first day of June in the year eighteen 
hundred and eighty-two. 

Section 2. Said clerk shall be subject to all the pro- 
visions of law applicable to clerks of police courts. 

Section 3. Said clerk shall receive from the county 
of Suffolk an annual salary of eight hundred dollars. 

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

Approved April 21, 1882. 

An Act to authorize the eastern railroad company to issue 
preferred stock in exchange for certificates of indebt- 
EDNESS. 

Be it enacted, etc., as follows: 

Section 1. The Eastern Railroad Company is author- 

preierred stock. -^^^^ ^^ iucreasc its Capital stock by issuing not more than 
five million dollars in shares of the par value of one hun- 
dred dollars each, which shall be designated as preferred 
stock. Upon the tender to said corporation of any portion 
of its certificates of indebtedness not exceeding five mil- 
lion dollars in amount, said corporation shall accept such 
certificates so tendered at their face value and issue such 
preferred stock in lieu thereof at its par value. After 
receiving the certificates so surrendered said corporation 
shall forthwith deliver the same to the trustees named in 
chapter two hundred and thirty-six of the acts of tiie year 
eighteen hundred and seventy-six, ai'id said trustees shall 
accept, cancel and discharge the certificates so delivered. 

Section 2. The holders of said preferred stock shall 
annually receive out of the net earningsi of said corporation 
not more than six dollars per share to be paid in semi- 
annual instalments in such sums as the directors of said 
corporation may detcrmiiu-. 

I'roviHionsof Section 3. Nothing in this act contained shall prevent 



Subject to pro- 
visions of law, 
etc. 

Salary. 



Chap. 177 



May Issue 



Dividends to 
holdcri* of 
preferred stock 



1882. — Chapter 178. 



133 



the full operation of all the provisions of chapter two hun- isve, 236, not to 
drecl and thirty-six of the acts of the year eighteen hundred ^'^ ^'^'^''''^ • 
and seventy-six, or shall defeat or in anj^ wise affect any 
of the terms and conditions of the certificates of indebted- 
ness issued and the mortgage made under and in pursuance 
of the provisions of said chapter, or shall authorize any 
payments from the earnings of said corporation except 
subject to all claims and charges upon said earnings cre- 
ated by said chapter and by the certificates issued and the 
mortgage made in pursuance thereof. 

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

Approved April 22, 1882. 

An Act relating to the compensation of the militia. Chap. 178 

Be it enacted, etc., as follows: 

Section 1. Section one hundred and thirty of chapter compensation 
fourteen of the Public Statutes is amended so as to read 
as follows : — " There shall be allowed and paid to officers 
and soldiers of the volunteer militia on rolls and accounts 
in such form as the commander-in-chief may prescribe, as 
follows, to wit : for the duty prescribed in sections one 
hundred, one hundred and one, one hundred and eight, 
one hundred and nine, one hundred and thirteen and one 
hundred and seventeen, commissioned oJSicers shall here- 
after be allowed and paid the same pay per day as is pre- 
scribed for officers of like grade in the United States army, 
viz.: brigadier-general, fifteen dollars and twenty-eight 
cents; colonel, nine dollars and seventy-three cents; lieu- 
tenant-colonel, eight dollars and thirty-three cents ; major, 
six dollars and ninety-five cents ; captain, mounted, five 
dollars and fifty-five cents ; captain, not mounted, five 
dollars; adjutant, quartermaster, assistant surgeon and 
paymaster, five dollars ; first lieutenant, mounted, four dol- 
lars and seventy-five cents; first lieutenant, not mounted, 
four dollars and seventeen cents; second lieutenant, 
mounted, four dollars and seventeen cents ; second lieu- 
tenant, not mounted, three dollars and eighty-nine cents ; 
chaplain, four dollars and seventeen cents ; non-commis- 
sioned staff officers, two dollars and fifty cents ; every 
member of a band, four dollars ; and every other enlisted 
man, two dollars. ■ There shall be allowed for each horse Allowances for 
actually employed by officers and soldiers authorized by forale.*"*^ 
law to be mounted, and for each draught horse employed 
in the artillery, the sum of four dollars per day, which 
shall be in full for all keeping and forage. For all other 



134 



1882. — Chapters 179, 180. 



Compensation 
for services not 
specially pro- 
vided for. 



duty under orders of the commander-in-chief, unless other- 
wise specially provided, or for attendance as a witness or 
defendant under summons, as provided in section one hun- 
dred and forty-three, there shall be allowed and paid per 
day to each general, field and staff officer, the sum of four 
dollars; to every other commissioned officer the sum of 
two dollars and fifty cents ; to ever}' member of a band 
the sum of four dollars, and to every other enlisted man 
the sum of two dollars. To each assistant adjutant-gen- 
eral of brigade there shall be allowed and paid the sum 
of twenty dollars per annum ; to each adjutant the sum of 
fifty dollars per annum ; and to each paymaster the sura 
of twelve dollars and fifty cents per annum for each com- 
pany in the command to which he is attached. There 
shall be allowed and paid to each officer detailed by com- 
petent authority to perform the duties of another the pay 
and allowances of the grade or office so filled : provided^ 
that no officer shall be paid for duty under two officers at 
the same time, nor two officers for the. same duty." 

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

Approved April 29, 1882. 



Chap. 179 An Act relative to parading with arms by associations 

COMPOSED OF SOLDIERS. 

Be it enacted, etc., as follows: 

Section 1. Section one hundred and twenty-seven of 
chapter fourteen of the Public Statutes, relative to the 
parading in public with arms by associations composed ot 
soldiers, is amended by inserting in the eighteenth lino 
after the word " soldiers," the words "or at the decoration 
of soldiers' graves." 

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

Approved April 29, 1S82. 



Parading with 
arms by associa- 
tions composed 
of soldiers. 



Chap. 180 An Act defining the powers of mayors of cities to vote 

AS PRESIDING OFFICERS. 

Be it enacted, etc., as follows : 

Section 1. Section seven of chapter twenty-eight of 
the Public Statutes is hereby amended by inserting in the 
second line after the word "vote," the words ''in meet- 
ings of the board of aldermen, or in conventions of the 
two branches of the city council." 

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

Approved April 20, 1882. 



Powers of 
mayors to vote 
as presiding 
officers. 



1882. — Chapter 181. 



135 



Infants to be 
provided for in 
a family until 
three years of 
age. 



Paupers 

between ages of 
three and six- 
teen years to be 
sent to state 
primary school. 



Children under 
fourteen years, 
growing up 
without educa- 
tion, etc., may 
be committed to 
care of state 
board, etc. 



An Act relating to indigent and neglected children. Chap. 181 
Be it enacted^ etc., as folloius : 

Section 1. Section forty-six of chapter eighty-six of 
the Public Statutes, relative to the age to which certain 
infants who are state paupers shall be provided for by the 
state board of health, lunacy and charity, is amended in 
the sixth line by striking out the word " two," and insert- 
ing in place thereof the word " three." 

Section 2. The state board of health, lunacy and char- 
ity shall make all necessary provision for the care and 
maintenance of all poor and indigent children in need of 
immediate, relief, between the ages of three and sixteen 
years, having no lawful settlement in this Commonwealth, 
at the state primary school or elsewhere, and for that pur- 
pose shall have the same authority to commit such chil- 
dren to the state primary school as overseers of the poor 
now have to commit them to the state almshouse. 

Section 3. Whenever it shall be made to appear to 
any court or magistrate that within his jurisdiction any 
child under fourteen years of age, by reason of orphanage, 
or of the neglect, crime, drunkenness or other vice of his 
parents, is growing up without education or salutary con- 
trol, and in circumstances exposing him to lead an idle 
and dissolute life, or is dependent upon public charity, 
such court or magistrate shall, after notice to the state 
board of health, lunacy and charity, commit such child, 
if he has no known settlement in this Commonwealth, to 
the custody of said board, and if he has a known settle- 
ment then to the overseers of the poor of the city or town 
in which he has such settlement, except in the cit}^ of 
Boston, and if he has a settlement in said city, then to 
the directors of public institutions of said city until he 
arrives at the age of twenty-one years, or for any less 
time ; and the said board, overseers and directors are 
authorized to make all needful arrangements for the care 
and maintenance of children so committed in some state, 
municipal or town institution, or in some respectable 
family, and to discharge such children from their custody 
whenever the object of their commitment has been accom- 
plished. 

Section 4. Whenever any of the class of children 
mentioned in section three are inmates of the state alms- 
house, application for their commitment, in the manner 
provided in said section, shall be made to the justice of 
the police court of Lowell. Approved April 29, 1882. 



To be committed 
to directors of 
public institu- 
tions in Boston. 



Commitment of 
children, in- 
mates of state 
almshouse. 



136 



1882. — Chapters 182, 183. 



Chap. 182 An Act in relation to vacancies in the office of mayor. 
Be it enacted, etc., as follows: 

Section 1. In case of the death, resignation or absence 
of the mayor of any city, or of his inability to perform the 
duties of his office, the same shall devolve upon the chair- 
man or presiding officer of the board of aldermen of such 
city, and if there is no such chairman or presiding officer 
the same shall devolve upon the president of the common 
council, until the mayor is able to attend to his duties, or 
the vacancy is filled as provided by the charter of such 
city. 

Section 2. The person on whom such duties shall 
devolve shall be styled " acting mayor," and shall possess 
the powers of mayor only in matters not admitting of de- 
lay, and shall have no power to make any permanent 
appointments. Approved April 29, 18S2. 



In absence of 
mayor, duties to 
be performed by 
chairman of al- 
dermen, or, if no 
chairman, by 
president of*^ 
council. 



To be styled 
" acting mayor." 



Water supply 
for llopkiulont 



Chap. 183 An Act to amend "an act to supply the town of hopkinton 

WITH WATER." 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter one hundred and 
twenty-two of the acts of the year eighteen hundred and 
seventy-seven is amended by inserting in the third line 
thereof after the word " brooks," the words " or other 
sources," and by striking out at the end of said section 
the words "selectmen of said town," and adding instead 
thereof the words "water board of said town hereinafter 
provided for." 

Section 2. Section four of said chapter is repealed, 
and the following substituted therefor : " For the purpose 
of paying all necessary expenses and liabilities incurred 
under the provisions of this act, said town shall have 
authority to issue notes, bonds, or scrip, from time to time, 
signed by the treasurer and countersigned b}^ the water 
board, to be denominated on the face thereof " Hopkinton 
Water Loan," to an amount not exceeding fifty thousand 
dollars, payable at periods not exceeding thirty years from 
the date thereof, with interest payable semi-annually, 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 purposes of 
this act, upon sucli terms and conditions as it may deem 
proper. Said town shall annually raise by taxation an 
amount sufficient, together with the net income and re- 
ceipts from rent for the use of said water, to pay the inter- 



" Hopkinton 
Water I^oan " 
not to exceed 
$50,000. 



1882. — Chapter 183. 137 

est on said loans as it accrues ; and shall also, within two sinking fund to 
years after the introduction of water into said town, ^'^^^^'•^ 
establish a sinking fund, and contribute thereto from year 
to year an amount raised annually by taxation, which, 
together with the net surplus income and receipts, after 
deducting all interest, expenses and charges of distribu- 
tion, if any remains, shall be sufficient with the accumula- 
tions 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 water board of 
said town shall be the trustee of said fund, and shall report 
the condition of the same, and render an account of its 
doings in relation thereto annually to the town." 

Section 3. Section six of said chapter is repealed, and water board to 
the following is substituted therefor : " The said town may, ^^*'^''*'*'^ • 
at any annual or special meeting called for the purpose, 
elect by ballot three persons to hold office, one until the 
expiration of three years, one until the expiration of two 
years, and one until the expiration of one year from the 
next succeeding annual town meeting, to constitute a 
water board ; and at each annual town meeting thereafter 
one member of said board shall be elected by ballot for 
the term of three years. Said board shall execute, superin- 
tend 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 oth- 
erwise specifically provided for herein, subject to the vote 
of said town ; and it shall be subject to such ordinances, 
rules and regulations in the execution of its trust as said 
town may from time to time ordain and establish, not in- 
consistent with the provisions of this act and the laws of 
the Commonwealth. The members of said board shall 
receive such salaries or compensation as said town by vote 
may prescribe, and a majority of said board shall be a 
quorum for the exercise of the powers and duties pre- 
scribed by this act. Any vacancy occurring in said board vacancies. 
from any cause may be filled for the remainder of the 
unexpired term at any town meeting duly called for the 
purpose." 

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

Approved April 29, 1882. 
18 



138 1882. — Chapter 184. 

Chap. 184 An Act to enable the commonwealth to secure certain 

AQUEDUCT EIGHTS IH TB% TOWN OF NORTH ADAMS. 

Be it enacted, etc., as follows: 

Water supply SECTION 1. Foi the piirpose of obtaining a supply 

Grienfiiid'Riiii- of Water foT the Ti'oy and Greenfield Railroad in the town 
Ad^ms.^""'' of North Adams, authority is hereby granted to the man- 
ager of the Troy and Greenfield Railroad and Hoosac Tun- 
nel, acting for the Commonwealth and with the approval 
of the governor and council, to enter upon the lands, 
public highways and streets hereinafter mentioned in said 
town, and to take possession of and appropriate to the use 
of the Commonwealth, all that certain line of aqueduct 
pipe already laid in and through said lands, highways and 
streets, and extending from the reservoir situate on lands 
of the Commonwealth near the western portal of Hoosac 
Tunnel to the Arnold Print Works in said town : that is 
to say, — the line of location of said aqueduct commences 
at the outlet of said reservoir, and thence runs in a north- 
westerly direction through lands of Charles A. Brown to 
the old highway from North Adams to Pittsfield ; thence 
in a westerly direction in and through said highway to 
Ashland Street ; thence in a northerly direction in and 
through Ashland Street to Summer Street ; thence in a 
westerly direction in and through Summer Street to State 
Street; thence in a north-easteiTy direction in and through 
State Street to Main Street; thence in a north-westerly 
direction in and through Main Street to Marshall Street ; 
thence in a north-easterly direction in and through Mar- 
shall Street to the Arnold Print Works. The Common- 
wealth and its assigns shall have full power and authority 
forever to maintain the said aqueduct in the position where 
I'roviso. it is located : provided, however, that the authority conferred 

b}^ this act shall not be full and effectual until the consent 
of the selectmen of said town of North Adams to the loca- 
tion and construction of said aqueduct through the high- 
wa3's and streets aforesaid shall have been first obtained, 
and a certificate tl.eieof filed with the town clerk of said 
town. 
Miiydi-up Skction 2. FuU power and authoritv is given to the 

said manager or other proper agents of the Common- 
wealth, at any and all times to enter upon and dig up the 
earth, the land of any private land owner, and in any of 
the highways and streets above mentioned for the purpose 
of repairing or reconstructing any portion of said aqueduct, 
j)rovi(led in so ik)ing no unnecessary interferciiLe or ob- 
sirucLiun bhuU be occasioned to the public travel. 



highways, etc. 



1882. — Chapter 185. 



139 



Estimation of 
damages. 



Mutual use of 
water by the 
Commonwealth 
and the Arnold 
Print Works. 



Section 3. Any person through whose lands said aque- 
duct and pipes are Laid, and with whom the manager of 
the Troy and Greenfield Railroad and Hoosac Tunnel is 
not able to agree as to the damages which shall be paid 
to said land holder for injury caused by the taking and use 
of said lands for aqueduct purposes, may, upon application 
to the county commissioners of Berkshire County, within 
three years after the filing of the location of said aque- 
duct in the office of the town clerk of North Adams, as 
above prescribed, have his damages estimated in the man- 
ner provided with reference to the laying out of highways; 
and said county commissioners shall, if requested by said 
land holder, require said manager to give security to their 
satisfaction for the payment of all damages which may be 
awarded by them or by a jury for the land or other property 
taken ; and said manager shall be re-imbursed for any 
damages and costs so paid by him, in so far as he is not 
otherwise re-imbursed, out of the unappropriated earnings 
of the Troy and Greenfield Railroad and Hoosac Tunnel. 

Section 4. The manager of the Troy and Greenfield 
Railroad and Hoosac Tunnel may, with the approval of 
the governor and council, make any contract with or mod- 
ify any existing contract with the Arnold Print Works, 
whereby there shall be prescribed the terms and conditions 
on which the Commonwealth and said Arnold Print Works 
may respectively and mutually use the said aqueduct and 
through the same take water from said reservoir, or in 
case of the suspension or discontinuance of the use of said 
aqueduct by either party what remuneration if any shall 
be made to that party for any disproportionate outlays or 
expenses. 

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

Approved April 29, 1882. 

An Act to authorize and require the county commissioners Chap. 185 

FOR ESSEX COUNTY TO RE-LOCATE AND RE-CONSTRUCT THE DRAW 
IN ROCKS BRIDGE OVER THE MERRIMACK RIVER. 

Be it enacted, etc., as follows : 

Section 1. The county commissioners for the county 
of Essex are authorized and required, within two years 
after the passage of this act, to re-locate and re-construct 
of a width of not less than fifty feet, subject to the ap- 
proval of the board of harbor and land commissioners, the 
draw in Rocks Bridge, which crosses the jMerrimack River 
between the city of Haverhill and the town of West New- 
bury, including suitable pier approaches thereto ; and the 



Rp-location and 
construction of 
draw in Rocks 
Bridge. 



140 



1882. — Chapters 186, 187. 



Chap. 186 

Corporators. 



Powers and 
duties. 



May construct 
bridge across 
Duxbury 
harbor. 



said county commissioners are authorized to hire such 
sums of money as may be necessary to comply with the 
provisions of this act. 

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

Approved April 29, 1882. 

An Act to incorporate the duxburt bridge company. 
Be it enacted, etc., as follows: 

Section 1. Oliver L. Briggs, C. C. Sanderson and 
Stephen N. Gifford, their associates and successors, are 
made a corporation by the name of the Duxbury Bridge 
Company, with all the powers and privileges and subject 
to all the duties, liabilities and restrictions set forth in all 
general laws which now are or hereafter ma}^ be in force 
relating to such corporations. 

Section 2. Said corporation is authorized to construct 
a pile bridge across the waters of the harbor of the town 
of Duxbury commencing at some point on Powder Point, 
so called, and extending easterly in a straight line to Sal- 
ter's Beach, so called ; and to purchase and hold such real 
and personal estate as may be necessary and convenient 
for that purpose. 

Section 8. The capital stock of said corporation shall 
not exceed twenty-five thousand dollars, divided into shares 
of one hundred dollars each. 

Section 4. The bridge hereby authorized to be con- 
structed shall be well built of suitable materials, shall be 
at least twenty feet wide, and lloored with planks, shall 
have sufficient railings on each side, and shall have a suita- 
ble draw, for the passage of vessels, at least twenty-four 
feet in width, with proper fender piers, and shall be kept 
in good repair at all times: provided, hotrever, that the 
structure so authorized shall be built subject to and in 
accordance with the provisions of section eight of chapter 
nineteen of the Public Statutes, 

Approved April 20, 1882. 

Chap, 187 An Act to authorize the city of brockton to make an addi- 
tional WATER LOAN. 

Be it enacted, etc., asfoUoivs: 

Section 1. The city of Brockton, for the purposes 
mentioned in section four of chapter one hundred and 
twenty-four of the acts of the year eighteen Imndred and 
seventy-eight, may issue notes, bonds or scrip from time 
to time, signed by the treasurer and countersigned by the 



Capital stock 
and shares. 



To be twenty 
feet wide, and 
have a suitable 
draw. 



Proviso. 



" Brockton 
Water Loan " 
not to exceed 
f2&0,UU0. 



1882. — Chapter 188. 



U\ 



mayor, to be denominated on the face thereof " Brockton 
Water Loan," to an amount not exceeding lifty thousand 
dollars, in addition to the amounts heretofore authorized 
by law to be issued by the town of Brockton for the same 
purposes ; said notes, bonds or scrip to be issued upon the 
same terms and conditions, and with the same powers as 
are provided in said act for the issue of the " Brockton 
Water Loan " by the town of Brockton : 2J^ovided, that 
the whole amount of such notes, bonds or scrip issued by 
said city, together with those issued by said town for the 
same purposes, shall not in any event exceed the amount 
of two hundred and twenty thousand dollars. 

Section 2. This act shall take effect upon its accept- 
ance by a vote of two-thirds of all the members of each 
branch of the city council of said city of Brockton. 

Approved April 29, 1882. 

An Act to authorize the milford water company to take 

certain real estate in the town of hopkinton. 
Be it enacted, etc., asfoUoivs: 

Section 1. The Milford Water Company may take 
and hold any real estate situated south of Granite Street 
in the town of Hopkinton, necessary and pro]ier for the 
purpose of supplying the town of Milford witli water, as 
provided by chapter seventy-seven of the acts of the year 
eighteen hundred and eighty-one, and for the preservation 
and purification of such water and for forming any dams 
or reservoirs to hold the same. 

Section 2. Said corporation shall, within sixty days 
after the taking of any land under the provisions of this 
act, file and cause to be recorded in the registry of deeds 
for the southern district of the county of Middlesex a 
description of the land so taken, sufficiently accurate for 
identification, and stating the purposes for w^hich it is 
taken ; and the title of the land so taken shall vest in 
said corporation. Any person whose property is injured 
in any way by any act of said corporation, and who fails 
to agree with said corporation as to the amount of damages, 
may have the same assessed and determined in the man- 
ner provided when land is taken for a highway. Any 
person whose land is thus taken or affected may apply as 
aforesaid within three years from the time the land is actu- 
ally taken, and not thereafter ; and no suit for injury done 
under this act shall be brought after three years from the 
date of the alleged injury. 

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

Approved April 29, 1882. 



Proviso. 



Subject to ac- 
ceptance. 



Chap. 188 



May take real 
estate in Hop- 
kinton. 



To have 
recorded in the 
registry of deeds 
a description of 
the land taken. 



Damages. 



142 



1882. — Chapter 189. 



Chap. 189 An Act to regulate the herring and shad fishery in 
cole's river and its tributaries, and in milford pond, 

IN the county of BRISTOL. 



Town may regu- 
late ftsbeiies in 
Cole's Kiver and 
tributaries. 



May sell 
privilej<e to take 
herring and 
Bbad. 



To choose fish 
■wardens. 



Be it enacted, etc., as follows: 

Section 1. The town of Swanzey is authorized to cre- 
ate herriug and shad fisheries in Cole's River and its tribu- 
taries, and in Milford Pond, so called, in tlie county of 
Bristol ; and the right to take herring or shad from said 
river or its tributaries, or from said pond, is suspended 
for the period of three years next ensuing after the pas- 
sage of this act ; and no net, seine or weir shall be set 
therein during said period except as hereinafter provided. 
The fish wardens chosen as provided by section three of 
this act may, however, take or cause to be taken from 
said river or its tributaries, or from said pond, at any time 
after the passage of this act, such herring or shad as may 
be required for the purpose of stocking said pond or any 
of the tributaries of said river. 

Section 2. The town of Swanzey may sell at public 
auction, at a legal town meeting to be held in March in 
the year eighteen hundred and eighty-five, two privileges 
to take herring and shad from Cole's River from the first 
day of April to the first day of July in each year, for a 
period not exceeding five years, as hereinafter provided, 
at such places on said river as shall be designated by such 
fish wardens. The purchaser or purchasers of such privi- 
leges may take herring and shad with one seine, at the 
places so designated, from sunrise on Mondaj' until sun- 
set on Wednesday in each week during such period ; but 
no herring or shad shall be taken in any manner from said 
waters after the first day of July in each year. 

Section 3. The town of Swanzey, at its annual meet- 
ing in March in each year, may choose two or more suita- 
ble persons as fish wardens, who shall be sworn to tlie 
faithful discharge of their duties, and shall cause this act 
to be enforced and shall prosecute all violations of its 
terms. Tlie fish wardens so chosen shall prevent and 
remove all unlawful obstructions in the course of said 
river or its tributaries to the passing up and down of the 
said fish from the first day of April to the first day of July 
in each year ; and may, for the purposes of this act, go 
upon and pass over the land of any person through or b}'' 
which said river or any tributary thereof runs, or wliich 
borders upon said pond, without being considered tres- 
passers: provided, that any person sustaining damage in 



1882. — Chapter 190. 



143 



molesting flsh 
wardens. 



his property may have the same assessed in the manner 
provided when land is taken for highways. Wlioever Penalty for 
wilfully hinders or molests any such fish warden, or any 
person authorized by such fish wardens, in the necessary 
clearing: of said river or its tributaries, and in the neces- 
sary and proper use of lands on said river or its tributaries, 
or said pond, for creating and protecting the said fishery, 
shall forfeit and pay a sum not exceeding twenty dollars 
for each offence, to be recovered in the manner provided 
in section four of this act. 

Section 4. If any person other than those who have 
purchased such privilege as aforesaid fishes with a seine 
or net at any time or in any manner, or sets any net, seine, 
weir, or other obstructions in any part of said river or its 
tributaries, or of said pond, with intent to take or destroy 
any shad or herring, he shall forfeit and pay twenty dol- 
lars for each offence, to be recovered on complaint, one- 
half to the use of said town of Swanzey and one-half to 
the use of the person who shall give information leading 
to the prosecution and conviction of such offender ; and 
all seines, nets or weirs so used or set shall be forfeited to 
the person who shall give such information. 

Section 5. All laws relating to fishing in Cole's River 
are repealed. Approved April 29, 1882. 



Penalty for 
fishing witiiout 
purchasing 
privilege. 



An Act to authorize the city of salem to take certain Chao.X^^ 

LANDS AND FLATS IN THE SOUTH MILL POND. 

Beit enacted, etc., as foUotvs : 

Section 1. For the purpose of abating the nuisance May take land 
in the South Mill Pond, so called, in the city of Salem, south Mm 
the said city may from time to time purchase or otherwise ^°"'^' 
take any or all of the lands or flats in or under said South 
Mill Pond, or along the margin thereof, and fill and raise 
the same to such grade as may be deemed necessary or 
expedient, or it maj^ dredge the same : provided, however, ProviaoB. 
that nothing in this act shall authorize the taking of, or 
interference with, land lying within the location of the 
Eastern Railroad Company, or now actually occupied by 
said corporation for railroad purposes; and provided, fur- 
ther, that no land in said South Mill Pond lying east of 
a line beginning at or near the south-westerly corner of 
Summer Street, and running southerly parallel with the 
westerly main track of said Eastern Railroad, and three 
hundred and ten feet distant therefrom, shall be taken 
for the purposes of dredging. 



144 



1882. — Chapter 190. 



To have re- 
corded in regis, 
try of deeds a 
deseription of 
land or flats 
taken. 



Lands to be re- 
conveyed upon 
payment of cost 
of filling. 



Assessment of 
damages in case 
of disagree- 
ment. 



IJiibillty for 
coats. 



Power to lay 
out blreels not 
rcHtricted. 



Section 2. Said city shall, within sixty clays from the 
time of taking said lands or flats, file and cause to be 
recorded in tlie office of the registry of deeds for the 
southern district of the county of Essex a description of 
the lands or flats so taken, as certain as is required in a 
common conveyance of lands, and a statement that the 
same are taken pursuant to the provisions of this act, 
which said description and statement shall be signed by 
the mayor of said city ; and the title of all lands or flats 
so taken shall vest in the cit}^ of Salem in fee simple, and 
the same may be sold and conveyed by said city in such 
manner as the city council may determine. 

Section 3. Any partj^ whose lands or flats are taken 
and filled shall be entitled to a re-conveyance of the same 
from said city upon re-imbursing it for its reasonable costs 
of such filling, and upon demand made for such re-convey- 
ance within ninety days from the time when such filling 
is completed. 

Section 4. Any ower of lands or flats so taken or 
filled, who cannot agree with the said city as to the dam- 
age done to him by said taking or filling, may at an}' time 
within three years from the time of such taking or filling 
have the "said damage assessed by the county commission- 
ers ; 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 thereon, 
and the proceedings upon application to the county com- 
missioners, shall be the same as ])rovided for the assess- 
ment 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 dispo- 
sition of the damages awarded or agreed 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 highways. 

Section o. If any party shall apply for and obtain a 
trial by jury he shall recover his legal costs after such 
application if he shall recover a greater amount than the 
award of the count}'' commissioners, with the accrued in- 
terest thereon, otherwise he shall be liable ft)r the legal 
costs of the city of Salem. If said city shall make such 
application, and the verdict of the jury shall be less than 
the amoLint awarded by the county commissioners, it shall 
recover its legal costs, otherwise it shall be liable for the 
legal costs of the other jiarty. 

Section 6. Nothing in this act shall restrict the power 
of the city council of the city of Salem to lay out, in 



1882. — Chapters 191, 192. 145 

the manner provided by the charter of said city, any 
street or way over any of the lands or flats referred to 
in this act. 

Section 7. This act shall take effect upon its accept- 
ance by the city conncil of the city of Salem. 

Ap2)roved April 29, 1882. ■ 

An Act to change the name of the " salem old men's Chap. I'd! 

HOME," 

Be it enacted^ etc. , as follows : 

Sectiox 1. The name of the "Salem Old Men's Name changed. 
Home," incorporated nnder the general laws of the Com- 
monwealth, is changed to the " Bertram Home for Aged 
Men." 

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

Approved Apjril 29, 1882. 



An Act to supply the town of northborough with water. Chap. 192 

Be it enacted, etc., as follows: 

Section 1. The town of Northborough may supply water supply 
itself and its inliabitants with water to extinguish tires, borough." 
and to generate steam, and for domestic and other uses ; 
may establish fountains and hydrants, regulate their use, 
and relocate or discontinue the same ; and may fix and 
collect rents for the use of such water. 

Section 2. Said town for the purposes aforesaid may May take water 
take and hold the water, or so much thereof as may be ifrook!^"'"^'" 
necessar3% with the water rights connected therewith, of 
Cold Harbor Brook, at any point or points on its water- 
shed, in the towns of Northborough, Shrewsbury and 
Boylston, and of any springs, natural ponds, brooks and 
other water sources, within the said town of North- 
borough ; and may also take and hold all lands neces- 
sary for raising, holding and preserving such water and 
conveying the same to any and all parts of the town of 
Nortliborough ; and may erect on the land thus taken or 
held proper dams, buildings, fixtures and other struc- 
tures, and may make excavations, and procure and run 
machinerj^ therefor, with such other means and appli- 
ances as may be necessary for complete and effective water 
works; and for that purpose may construct and lay down May lay down 
conduits, pipes and other works under or over any etc", ""'^•^'p^*' 
lands, water courses or roads, and along any street, high- 
way or other way, in such manner as when completed 
shall not unnecessarily obstruct the same ; and for the 

19 



146 



1882. — Chapter 192. 



Liability foi' 
damai'es. 



purpose of constructing, laying down, maintaining and 
repairing such conduits, pipes and other works, and for 
all other proper purposes of this act, said town may dig 
up, raise and embank any such lands, highways or other 
ways, in such manner as to cause the least liindrance to 
public travel on such highways and other ways. Said 
To file in the towu of Nortliborougli shall within ninety days after 
rietcHptioiTof the taking of any lands, water sources or water rights as 
the laud taken, aforcsaid, Otherwise than by purchase, file in the regis- 
try of deeds for the county of Worcester a description 
thereof sufficiently accurate for identification, with a state- 
ment of the purpose for which the same is taken, signed 
by the water commissioners hereinafter provided for. 

SECTioisr 3. The said town of Northborough shall be 
liable to pay all damages sustained by any person or 
corporation in property by the taking of any land, water 
source or water right, or by the construction of any 
aqueduct, reservoir or other works for the purposes afore- 
said. Any person or corporation injured in property 
under this act, and failing to agree with said town as 
to the amount of damage sustained, may have the same 
assessed and determined in the same manner as is pro- 
vided when land is taken for a highway, the application 
therefor to be made in writing within one year after the 
taking of such land, water source or water right, or other 
injury done as aforesaid, but not thereafter. No assess- 
ment for damage shall be made for the taking of any 
water right, or for any injury thereto, until tlie water is 
actually withdrawn or diverted by said town under the 
authority of this act. 

Section 4. P^'or the purposes of paying all necessary 
expenses and liabilities incurred under the provisions of 
this act, said town of Northborough may issue bonds, 
notes or scrip, from time to time, signed by its treas- 
urer and countersigned by the water commissioners here- 
inafter provided for, to be denominated on the face 
thereof " Northborough Water Loan," to an amount not 
exceeding fifty thousand dollars, payable at periods not 
exceeding thirty years from the date of issue, with interest 
payable semi-annually at a rate not exceeding six per 
centum per annum. Said town may sell such securities 
iit public or i)rivate sale, or pledge the same for money 
borrowed for the purposes of this act, upon such terms 
and conditions as it may deem proper. Said town shall 
pay the interest on said loan as it accrues, and shall 
provide for the payment of the principal at maturity 



" Northborough 
Water Loan " 
Tiot to exceed 
$60,OOU. 



1882.— Chapter 192. 



147 



either by establishing at the time of contracting said debt 
a sinking fund, or by paying the same from year to year 
by regular instalments. In case said town shall decide 
to establish a sinking fund, it shall contribute to such 
fund annually a sum sufficient, with the accumulations 
thereof, to pay the principal of said loan at maturity, and 
said sinking fund shall remain inviolate and pledged to 
the payment of said debt, and shall be used for no other 
purpose. If said town shall decide to pay the principal 
of said loan by instalments it shall issue coupon bonds 
bearing, in addition to the regular rate of interest as 
provided above, interest at a rate not exceeding three per 
centum per annum on the principal, which additional 
interest shall be applied annually and directly to the pay- 
ment of said loan. 

Section 5. Said town shall raise annually by taxa- 
tion a sum which, with the income derived from the sale 
of water, shall be sufficient to pay the current annual 
expenses of operating its water works, and the interest 
accruing on the bonds issued by said town, and to make 
such payment on the principal as may be required under 
the provisions of this act. 

Section 6. Whoever wilfully or wantonly corrupts, 
pollutes or diverts any of the waters taken under this act, 
or injures any clam, reservoir, aqueduct, conduit, pipe or 
other property owned or used by said town for the pur- 
poses of this act, shall forfeit 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 by a fine not 
exceeding one hundred dollars, or by imprisonment not 
exceeding six months. 

. Section 7. Said town of Northborough shall, after its 
acceptance of this act, at a legal meeting called for the 
purpose, elect by ballot three persons to hold office, one 
until the expiration of three years, one until the expiration 
of two years, and one until the expiration of one year 
from the next succeeding annual town meeting, to con- 
stitute a board of water commissioners ; and at each an- 
nual town meeting thereafter one such commissioner shall 
be elected by ballot for the term of three years. All the 
authority granted to the said town by this act and not 
otherwise specifically p'rovided for shall be vested in said 
board of water commissioners, who sliall be subject how- 
ever to such instructions, rules and reguhitions as said 
town may impose by its vote ; and a majority of said board 



Sinking fund to 
be established. 



To raise by 
taxation 

suflicient to pay 
expenses and 
interest. 



Penalty for pol- 
luting' or divert- 
ing water. 



Water comrais- 
sioners to be 
elected. 



14« 



1882. — Chapters 193,194. 



Vacancies. 



Subject to 
acceptance by a 
two-tliiidsvote. 



shall constitute a quorum for the transaction of business 
relative both to the water works and to the sinking fund. 
Any vacancy occurring in said board from any cause may 
be filled for the remainder of the unexpired term by said 
town at any legal town meeting. 

Section 8. This act shall take effect upon its accept- 
ance by a two-thirds vote of the voters of said town pres- 
ent and voting thereon at a legal town meeting called for 
the purpose within five years from its passage. 

Approved April 29, 1882. 

Chap, 193 An Act to fix the tenure of office of police officers in 

THE CITY OF FALL RIVER. 

Be it enacted, etc., as follows : 

Section 1. All police officers hereafter appointed by 
the mayor and aldermen of the city of Fall Kiver shall 
hold office until they resign therefrom or are removed for 
cause by the mayor Avith the consent of the board of alder- 
men. The mayor shall have the power, however, to sus- 
pend any such officer for cause for a period not to exceed 
thirty days. 

Section 2. All provisions of chapter two hundred 
and fifty-seven of the acts of the year eighteen hundred 
and fifty-four and of acts in amendment thereof inconsist- 
ent herewith are repealed. Ajjproved April 29, 1882. 

An Act concerning statistics of divorce. 

Be it enacted, etc., as foUoios : 

Section 1. The clerks of courts for the several coun- 
ties, and of the supreme judicial court for the county 
of Suffolk, shall, annually, during the month of Februarv, 
make returns to the secretaiy of the Commonwealth in 
relation to libels for divorce in their respective counties 
for the calendar year next preceding. Such returns shall 
specify the following details: the number of libels pending 
at the beginning of the year; the number of libels hied 
within the year ; the number of divorces granted : the 
number of divorces refused; the number of libels con- 
tested; the number of libels uncontested; the alleged 
cause for divorce in each case ; the sex of the libeliant 
and the length of time the parties have been niarriod ; and 
the number of cases in which notice has been given to the 
district-attorney for prosecution under section fort3'-four 
of chapter one hundred and forty-six of the Pni)lic Stat- 
utes, and the criminal offence lor wliich divorce has been 
granted in such cases. 



Police olHcers 
to hold office 
until they re- 
sign, or are re- 
moved for 
cause. 



Repeal of 1854, 
•257. 



C//^^.194 



Clerks of courts 
to make returns 
to the secretary 
concerning 
libels for 
divorce. 



1882. — Chapter 195. 149 

Section- 2. The secretary shall furnish the said clerks secretary to 
of courts with suitable blank forms for the returns pro- forms. 
vided for in the preceding section. 

Section" 8. The secretary shall annually prepare from to publish 
said returns full and complete abstracts and tabular state- Tn le^'stration 
ments of the facts relating to divorces for each county, report. 
and embody such abstracts and statements, with necessary 
analyses, in the annual reports to the legislature relating 
to the registry of births, deaths and marriages. 

Section 4. The first return to be made under this act First return to 

11, .,1,1 1,., • n ^ • L- r include details 

shall include the detaus specihed in section one, so lar as of the years 
practicable, for the years eighteen hundred and seventy- i^'^-iss'^- 
nine, eighteen hundred and eighty, eighteen hundred and 
eighty-one, and eighteen hundred and eighty-two. 

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

Approved May i, 1882. 

An Act enlarging the towers and duties of associations Chap. 195 

FOR CHARITABLE AND OTHER PURPOSES. 

Be it enacted^ etc., as follows : 

Section 1. A corporation organized for any purpose Powers and 
mentioned in chapter one hundred and fifteen of the Pub- '^^''^^ en arge 
lie Statutes may make to any member thereof who is dis- 
abled by accident or sickness, or to the wife, children or 
other relatives of, or any other persons dependent upon, 
such member, weekly or other payments during a period of 
disability of such member not exceeding six months at any 
one time, and may provide in its by-laws for the payment, 
from time to time by each member, of a fixed sum to be 
held by the corporation, association or society for such 
purpose. The fund so held shall not exceed the amount 
provided in section nine of said chapter and shall not be 
liable to attachment by trustee or other process. 

Section 2. Section eight of said chapter is amended Amendment to 
so as to read as follows : "• A corporation organized for any ^" ^' ^^^' ^ ^' 
purpose mentioned in section two may, for the purpose of 
assisting the widows, orphans or other relatives of deceased 
members, or any persons dependent upon deceased mem- 
bers, provide in its by-laws for the payment by each mem- 
ber of a fixed sum, to be held by such association until 
the death of a member occurs, and then to be forthwith 
paid to the person or persons entitled thereto, and such 
fund so held shall not be liable to attachment by trustee 
or other process; and associations maybe formed under 
this chapter for the purpose of rendering assistance to such 
persons in tlie manner herein specified." 



150 



1882. — Chapter 196. 



Amenflmont to 
r. S. 115, §n. 



Not to roinsure, 
etc., with 
organization 
not autliorized 
to do businc'sa 
in Massachu- 
setts. 



ChapA96 



Annual appro- 
priation for 
purcliase of 
boolis, etc. 



Repeal. 



Section 3. Section eleven of said chapter is amended 
so as to read as follows : " Every corporation, association 
or society within this Commonwealth which issues a cer- 
tificate to or makes a promise or agreement with its mem- 
bers, whereby any sum of money or other benefit is to 
become due or payable upon the disability or decease of a 
member, shall annually on or before the first day of April 
in each year report to the insurance commissioner the 
location of its principal office in this Commonwealth and 
the names and addresses of its president, secretar}^ and 
treasurer, or other officers answering thereto, and shall 
make such further statements of its membership and finan- 
cial transactions for the year ending on the preceding 
thirty-first day of December, with other information re- 
lating thereto, as said commissioner may deem necessary to 
a proper exhibit of its business and standing. Said com- 
missioner may for good cause shown in any case extend 
the. terra above prescribed for filing such report and state- 
ment, but not beyond the fifteenth day of such month of 
April ; and he may at other times require any further 
statement he may deem necessary to be made relating to 
any snch corporation, association or society." 

Section 4. No such corporation, association or society 
as is mentioned in said section eleven, hereafter beginning 
business in this Commonwealth, shall re-insure with or 
transfer its policies or membership certificates or funds to 
any organization not authorized to do business in this 
Commonwealth. 

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

Approved May i, 1SS2. 

An Act coxcerning the state library. 
Be it enacted, etc., as foUoics : 

Section 1. Thirty-three hundred dollars shall be 
annually appropriated for the state library and expended 
under the direction of the trustees and librarian thereof in 
purchasing or otherwise procuring such books, maps, 
charts and works as they deem most useful ; in binding 
and keeping in good condition the works in said library, 
and in purchasing furniture and other necessary conven- 
iences therefor. 

Section 2. Section twenty of chapter five of tlie Pub- 
lic Statutes is repealed. Approved Maj/ /, TSS2. 



1882. — Chapters 197,198, 199. 



151 



of breacli of 
coiiilitions of 
pardon. 



oner for escape 
when employed 
outside of place 
of confinement. 



An Act to amend the pdblic statutes in relation to cox- Chap. 197 

DITIONAL PARDONS. 

Be it enacted, etc. , as follows : 

Sectioist 1. Section fourteen of chapter two hundred Term of impris- 
and eighteen of the Public Statutes is amended by insert- °"™'^" 
ing in the sixth line, after the word " sentence," the fol- 
lowing words : "said confinement, in case the convict is 
under any other sentence of imprisonment, at the time of 
said order, to begin upon the expiration of such sentence." 

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

Approved May 1, 1882. 

An Act to punish prisoners escaping from custody when Chap. 198 

EMPLOYED outside OF THEIR PLACES OF CONFINEMENT. 

Be it enacted., etc., as follows : 

Section 1. Whoever being imprisoned in any place of Penalty on pris- 
confinement established by law in this Commonwealth, 
except the state prison at Concord, and being taken out- 
side of such place of confinement by any officer thereof 
for the purpose of performing labor on any public land or 
building belonging to the county, city or town wherein 
such jjlace of confinement is located, escapes or attempts 
to escape from the custody of such officer, shall be deemed 
to have escaped from such place of confinement, and shall 
upon conviction thereof be punished by imprisonment in 
the house of correction or jail for a term not exceeding six 
months. 

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

Approved May 1, 1882. 

An Act for the better protection of deer. Chap. 199 

Be it enacted, etc., as follows: 

Section 1. Section eight of chapter ninety-two of the Protection of 
Public Statutes is amended so as to read as follows: p!'s."92, §8. 
" Whoever at any time in the year except Tuesdays, 
Wednesdays, Thursdays and Fridays in the month of 
November, hunts, takes, wounds or kills a deer, except his 
own tame deer kept on his own grounds, and whoever on 
any Tuesday, Wednesday, Thursday or Friday in the 
month of November, hunts, takes, wounds or kills in any 
pond or river or within two hundred yards thereof, a deer, 
except his own tame deer kept on his own grounds, shall 
be punished for each offence by a fine not less than twenty- 
five dollars and not more than one hundred dollars, or by 



152 1882. — Chapters 200, 201. 

Penalties. imprisonment in jail not less than one month nor more 

than three months, orb}' both such fine and imprisonment. 
Tlie owner or keeper of a dog found chasing or hunting 
deer at any time except in November shall be punished by 
a fine of twenty dollars ; and any person may kill a dog 
found chasing or hunting deer at any time except Tues- 
days, Wednesdays, Thursdays and Fridays in November, 
if the dog is used with the knowledge and consent of his 
owner or keeper for such purpose. The owner or keeper 
of such dog shall be punished by a fine of fifty dollars.'- 

Amendment to SECTION 2. Scction ten of Said chapter is amended by 

■ ■ "'^ ■ striking out in the second line the word ^ deer," and by 

inserting after the word "prohibited," in the fifth line 

thereof, the words "and the possession of a deer at any 

time except the month of November." 

Approved May 2, 1882. 
Chap. 200 An Act to extend the time within which savings banks 

AND institutions FOR SAVINGS MAT SELL CERTAIN REAL ES- 
TATE NOW HELD BY THEM. 

Be it enacted, etc., as follows: 

Time extended SECTION 1. Any savings bank or institution for savings 
estate acquired iucorporatcd uudcr the authority of this Commonwealth 
of monlagt-r ^^y ^^^^ ^"^ -"^^^^ estate now held by it, which has been 
«tc. ' acquired by the foreclosure of an}- mortgage owned by it, 

or b}'' purchase at sales made under the provisions of any 
such mortgage, or upon judgments for debts due it or in 
settlements effected to secure such debts, at any time be- 
fore the first day of Jul}^ in the 3'ear eighteen liundred 
and eighty-three, notwithstanding any limit provided by 
the eighth clause of section twenty of chapter one hun- 
dred and sixteen of the Public Statutes. 

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

Approved May 2, 1882. 

Chap. 201 An Act relating to the discharge of poor convicts. 

Be it enacted, etc., asfolloios: 

Discharceof SECTION 1. Scctiou Seventeen of chapter two hundred 

iThiUuBii'ce. ^ and twenty-two of the Public Statutes is hereby amended 
by inserting after the word " court,"' in the filth line the 
i'oJlowing words: "and in case there is no police or dis- 
trict court in the connt}^ then to any ti'ial justice in said 
county;" also by inserting after tlie word "ccuut," in the 
sixtli lino the words "or trial justice;" also by inserting 



1882. — Chapters '202, 203. 153 

after the word " court," in the eleventh Ihie the words "or 
trial justice." 

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

Approved May 4, 1882. 

An Act to authorize the city of haverhill to construct Chap. 202 

A WHARF AND A BRIDGE OVER LITTLE RIVER. 

Be it enacted., etc., as follows : 

Section 1. The city of Haverhill may construct a May construct 
wharf at the outlet of Little River, between Washington a bridge ovtr 
Square and the Merrimack Kiver in said city, and may Little River, 
extend the same southerly a distance not exceeding one 
hundred and ninety-six feet from the stone abutment on 
the southerly side of said square ; may construct a stone 
bridge over said Little River, for a part or the whole of 
said distance, and ma}'' close and discontinue any highways 
or landings thereon, except the highway, if any, on the 
westerly side of said Little River : provided, said city shall Public landing 
construct and maintain a slip or landing at the Merrimack [ained'!^'*"'" 
River, with access thereto from said VVashington Square, 
convenient for public use ; but all constructions and ex- 
tensions shall be sul)ject to the provisions of chapter nine- 
teen of the Public Statutes. 

Section 2. This act shall not authorize the erection of no further 
any structure on the premises mentioned in section one erectedrexcc^p^t 
except such as may be necessary in the construction of ^y a majority 
said wharf and slip or landings, until a majority; of the 
voters of said city, at a legal meeting called for the pur- 
pose, shall vote in favor thereof. 

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

Approved May 4, 1882. 

Ax Act in relation to the officers of the state prison Chap. 203 

AT concord. 

Be it enacted, etc., as follows : 

Section 1. The officers of the state prison at Concord officers of the 
shall consist of one warden, one deputy warden, one chap- ^'^^'^'^ p"®""- 
lain, one physician and surgeon, one clerk, four turnkeys, 
one engineer, twenty-three watchmen, and as many assist- 
ant watchmen, not exceeding twenty-three, as the warden 
may deem necessary. 

Section 2. Section eight of chapter two hundred and Amendment to 
twenty -one of the Public Statutes is amended by striking ^•'^■-^I'S^- 
out in the fourth line thereof the words "and commission- 
ers." 

20 



154 1882. — Chapter 204. 

Sajarieaof SECTION 3. The warcleii of the said prison shall receive 

a salary of thirty-five hundred dollars a year ; the chaplain 
a salary of two thousand dollars a year ; the physician and 
surgeon a salary of one thousand dollars a year. The 
officers appointed by the warden shall receive such sala- 
ries as may be fixed by him subject to tlie approval of the 
commissioners of prisons but within the limits herein re- 
spectively set forth as follows, namely : the deputy warden, 
not exceeding two thousand dollars a year ; the clerk, not 
exceeding two thousand dollars a 5'^ear ; each turnkey, not 
exceeding eleven hundred dollars a year; the engineer, 
not exceeding twelve hundred dollars a year ; each watch- 
man, not exceeding one thousand dollars a year ; each 
assistant watchman, not exceeding eight hundred dollars 
a year. No other perquisite, reward or emolument shall 
be allowed to or received by any of the said officers except 
that there shall be allowed to the warden and deputy 
warden sufficient house room with fuel and light for them- 
selves and families. 
Repeal of p. s. SECTioisr 4. Scctlous six and eleven of said chapter 
222, §§6, n. ^^^^ hundred and twenty-one are repealed. 

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

Ajjproved May 4, 18S2. 

Chap. 204 An Act to amend the charter of the city of boston in 

RELATION TO GENERAL MEETINGS. 

Be it enacted, etc., as follows: 
Genenii meet- Scctiou sixty of chapter four hundred and forty-eight of 

warn"a?etc., the acts of the year eighteen hundred and fifty-four is 
X?nonw(^"y- amended so as to read as follows: "General meetings of 
five voters of the citizcus Qualified to vote in city affairs may from time 

each ward. j. ,• iiiij i i "ij- 

to time be held to consult upon the common good, to give 
instructions to their representatives, and to take all lawful 
measures to obtain a redress of any grievances according 
to the right secured to the people by the constitution of 
this Commonwealth. Such meetings shall and may be 
duly warned by the board of aldermen upon the requisi- 
tion of twenty-five qualified voters of each ward of said 
city. If the board of aldermen refuses or neglects to call 
any such meeting, an}'- justice of the municipal court of 
said city may, upon a like requisition, by a warrant under 
liis hand in such form, and so served, executed and re- 
turned, as he shall determine, call such meeting at such 
time and in such manner as he may direct, and shall ap- 
point some one to preside therein until the same shall be 
duly organized by the choice of clerk and chairman." 

Approved May 5, 1882. 



1882. — Chapters 205,206. 



155 



tab- 



Repeal of P. S. 
152, § 28. 



An Act concerning the salaries of the justices of the Chap. 205 

SUPERIOR COURT. 

Be it enacted^ etc., as follows : 

Section 1. The chief justice of the superior court salaries of 
shall receive an annual salary of fifty-three hundred dol- ilshed* 
lars and each of the other justices of said court shall re- 
ceive an annual salary of five thousand dollars, the same 
to be paid from the treasury of the Commonwealth. 

Section 2. Section twenty-eight of chapter one hun 
dred and fifty-two of the Public Statutes is repealed. 

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

Approved May 9, 1882. 

An Act to require the eastern railroad company to re- Chap. 206 

CONSTRUCT the DRAW PIER OF ITS BRIDGE OYER THE MERRI- 
MACK RIVER. 

Be it enacted, etc., as folloivs : 

Section 1. The Eastern Railroad Company is required Draw pier of 
within six months after the passage of this act to recon- um-tm&c^ 
struct the draw pier of its bridge over the Merrimack ^"Jo^nslru^cled. 
River, and to make such changes in alignment of said 
draw pier as are necessary to make the same conform to 
the alignment of the draw pier of the highway bridge 
next below said railroad bridge. The new draw pier shall 
be constructed according to plans to be approved by the 
board of harbor and land commissioners ; and the mate- 
rials and foundations of the old pier shall be removed so 
far as said board shall direct. 

Section 2. The cost of reconstructing said draw pier Payment of 
as aforesaid shall be paid in the first instance by the East- straction. 
ern Railroad Company, and for the purpose of determining 
what part of said cost shall be paid by the city of New- 
buryport, if any, the supreme judicial court, or any justice 
thereof, sitting in any county in term time or vacation, 
upon the application of either of said parties and after 
notice to the other party, shall appoint three commission- 
ers, who shall view the premises before the commencement 
of the work, and after hearing the parties shall make a 
report. The report of said commissioners, or of a major 
part of them, being returned into and accepted by said 
court, shall be binding on both parties ; and the said court 
shall enter such orders and decrees as are necessary to 
carry said report into effect. Approved May 9, 1882. 



]56 



1882. — Chapters 207,208,209. 



Prisoners may 
be transferred 
to hospitals for 
surgical treat- 
ment. 



Chap. 201 An Act to provide fou the surgical treatment of cer- 
tain PRISONERS. 

Be it enacted^ etc.^ as follows : 

Section 1. The commissioners of prisons ma}^ upon 
the certificate of the physician of any prison, jail or house 
of correction, temporarily. place any convict under sentence 
of imprisonment therein, or any person held in any jail for 
trial or sentence, except for a capital crime, in such hospi- 
tal as they shall designate, for such surgical treatment or 
operation as cannot otherwise be safel}^ or properly under- 
taken, and they may at any time return such convict or 
person to the prison, jail or house of correction from which 
he was temporarily removed. 

Section 2. Any convict or person so placed shall, 
during his absence from such prison, jail or house of cor- 
rection, be deemed to be in the custody of the officer hav- 
ing charge thereof; and in computing the term of his 
confinement upon his sentence to imprisonment the time 
of his confinement in said hospital shall be considered as 
a part of such term. 

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

ApprovHd May 10, 1882. 

Chap. 208 



Time in hospital 
to be deemed 
part of term of 
sentence. 



Inspection of 

buildings. 

Klevators. 



An Act relating to the inspection of buildings. 
Be it enacted, etc., as follows: 

Section 1. Section fourteen of chapter one hundred 
and four of the Public Statutes is amended by inserting 
after the word " factory," in the second line, the words 
" or mercantile or public building ; " and by adding at the 
end of the section tlie following : " all elevator cabs or 
cars, whether used for freight or passengers, shall be pro- 
vided with some suitable mechanical device, to be approved 
by the said inspectors, whereb}- the cabs or cars will be 
securely held in the event of accident to the ship[)er rope, 
or hoisting machinery, or from any similar cause." 

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

Approved May 10, 1882. 

Chap 209 An Act to change the name of the rogers and spuru manu- 
facturing company. 
Be it enacted, etc., as follows : 
Name changed. SECTION 1. The iiaiue of thc " Rogcrs and Spurr Manu- 
facturing Company," a corporation established under the 
general laws, in the town of Greenfield, is fhanged to the 
""Spurr Manufacturing Coin])any." 

Section 2. Tiiis act shall take elfcct upon its passage. 

Aj^proved May 10, 1882. 



1882. — Chapter 210. 



157 



An Act to revise tue charter of the city of newton. 
Be it enacted^ etc., as foUoivs : 

Section 1. The inhalntaiits of the city of Newton, for 
all purposes for which towns and cities are by law incor- 
porated in this Commonwealth, shall continue to be a body 
politic and corporate under the name of the " City of 
Newton," and as such shall have, exercise and enjoy all 
the rights, immunities, powers and privileges and be sul)- 
ject to all the duties and obligations provided for herein, 
or otherwise appertaining to said city. The territory of 
said city shall be divitled into seven wards, containing in 
each ward, as nearly as may be consistent with well-defined 
limits to each ward, an equal number of voters. 

Section 2. The adnunistration of the fiscal, pruden- 
tial and municipal affairs of said city, with the government 
thereof, shall be vested in a mayor and a city council, 
which shall consist of a board of aldermen of seven mem- 
bers, and a common council of fourteen members. 

Section 3. Elections shall be held in the several wards. 
At the annual mnnicii)al election, which shall be held upon 
the first Tuesdaj^ of December, there shall be elected by 
ballot, from the inhabitants of the city, the following offi- 
cers by the voters at large : — A maj'or, one alderman from 
each ward and as many members of the school committee 
as may be required to fill the places of those whose terms 
expire, and to fill such vacancies as occur at the end of 
such municipal year. And the following officers shall be 
elected by and from the voters of each ward: — Two com- 
mon councilmen, a warden and three inspectors of elections. 
The municipal year and terms of office not herein other- 
wise fixed shall begin upon the first Monday of January 
following the election. The mayor and ward officers 
named in this section shall hold ofiice until their respective 
successors are chosen and qualified, and the members of 
each branch of the city council until a majorit}^ of a suc- 
ceeding board is qualified. 

Section 4. All ward ofiicers shall be sworn to a faith- 
ful discharge of their duties ; and the oath of office shall 
be administered by the clerk to the warden, by the war- 
den to the clerk and the inspectors, or to any of said 
officers by a justice of the peace. Certificates of such 
oaths shall be made by the ward clerks upon their respec- 
tive records. The warden shall preside at all ward meet- 
ings with the power of moderators at town meetings, and 
shall receive, asso; t, count and declare in open ward meet- 



C hap. 210 



Charter 
revised. 



Government 
vested in mayor 
and city council. 



Annual election 
of otHctrs. 



Ward ofBoern to 
be sworn. 



Warden to 
prehide at ward 
meetings. 



158 



1882. — Chafier 210. 



Clerk to record 
proceedings. 



Inspectors to 
assist warden. 



Election of 
ward otRcer 
pro tempore. 



Mayor and 
meinbers of city 
council to be 
sworn. 



Organization of 
common coun- 
cil. 



ings all ballots given in at such meetings. The clerk shall 
record all proceedings, and certify the ballots given in at 
any election, and shall enter upon the ward records in 
open ward meeting the names of all persons receiving 
votes, the number of votes cast for each peison, and the 
title of the office for which he received such votes. The 
clerk shall forthwith deliver certified copies of such records 
to the cit}^ clerk, who shall forthwith enter the same in 
the city records. The inspectors of elections shall assist 
the warden in receiving, sorting and counting the ballots 
given in at any election. If at any meeting the warden is 
not present, the clerk shall preside until a warden -pro tem- 
pore is elected ; if both the warden and clerk are absent, 
the senior in age of the inspectors present shall preside 
until a warden pro tempore is elected. When any ward 
officer is absent or neglects to perform his duty, his office 
shall be filled pro tempore by hand vote. 

Section 5. The mayor and members of the city coun- 
cil shall be sworn to the faithful discharge of their duties. 
The oath of office may be administered to the mayor by 
the city clerk, or by any justice of the peace. Each branch 
of the city council shall be the judge of the election of its 
own members, and a majority of each branch shall consti- 
tute a quorum for the transaction of business. No mem- 
ber of either branch shall receive any compensation for 
his services, nor be eligible to any salaried office of the 
city. The aldermen and common councilmen elect shall 
on the first Monday of January in each year, at three 
o'clock in the afternoon, meet in convention, and be sworn 
by the mayor if present ; otherwise, by any justice of the 
peace. A record of the oath administered shall be made 
in each branch. The oath may be administered afterwards 
to any member of either branch by tiie city clerk, or by 
the presiding officer of either branch when in session. 
After the oath has been administered the two branches 
shall separate. The mayor shall be the presiding officer 
of the board of aldermen and of the city council when in 
convention. The city clerk shall be the clerk of the board 
of aldermen. He shall be sworn to the faithful discharge 
of his duties. The common council shall organize by choos- 
ing a president and clerk, who shall hold their offices re- 
spectively daring the pleasure of the common council. 
The clerk shall be sworn to the faithful discharge of his 
duties. The sessions of both branches of the city council 
shall be public, except when action is taken upon appoint- 
ments or removals. 



1882. — Chapter 210. 



159 



Section 6. The city council shall annually in January Election of cuy 
elect by ballot in convention a treasurer, who shall be ^{'^^'^> '•"easiuev. 
collector of taxes, an auditor, a city clerk, one assessor 
for the term of three years, and from each ward an assist- 
ant assessor and an overseer of the poor, and may at any 
time remove any of said officers, except an assessor, by 
concurrent vote. The terms of office of said officers shall 
begin upon the first Monday of February following, and 
shall continue until their respective successors are chosen 
and qualified. The mayor and aldermen shall appoint 
ward clerks, constables, a city marshal with the powers 
and duties of a constable, and all other officers required 
by the laws of the Commonwealth or by the ordinances of 
the city, whose selection is not herein before provided for, 
to hold office until they resign or are removed by the 
maj^or with the consent of the aldermen ; but no member 
of the city council shall continue in an appointed office 
after the term for which he was elected. Vacancies shall vacancies. 
be filled in the manner of the original election or appoint- 
ment, unless herein otherwise provided. In case of a 
vacancy in the office of mayor, or of his inability to act, 
the president of the board of aldermen shall act as mayor 
until the inability ceases or the vacancy is filled. The 
removal of a person holding office from one ward to 
another shall not create a vacancy in such office. Every 
person who is elected or appointed to an office shall receive 
a certificate of such election or appointment from the city 
clerk. Every officer of the city, except the mayor, shall 
at the request of either branch of the city council, appear 
before such branch and give such information as it may 
require, and answer such questions as may be asked, in 
relation to any matter, act or thing connected with his 
office or the discharge of the duties thereof. 

Section 7. The city council shall, in November of 
each year, appropriate the amount necessary to meet the 
expenditures of the following year; and such appropria- 
tions shall not be increased or exceeded except by a vote 
of two-thirds of all the members of each branch, voting by 
yeas and nays. No money shall be expended and no lia- 
Ijility of the city shall be incurred by any member of the 
city council, or any board or officer of the city elected by 
the city council or appointed by the mayor and aldermen, 
except in pursuance of an order of the city council. The 
city council shall have power : — To make a new division New division of 
of wards in each year of the state or national census ; to 
control and have the custody of all city property ; to re- 



Appropriatious. 



wards. 



160 



1882. — Chapter 210. 



Fire depart- 
ment. 



Water supply. 



Draiuage. 



Number of 
wards, etc., 
may be lixed by 
ordinance. 



Warrants for 
nieutinii^s. 



" Kenriclt 
Fund." 



quire a bond with sufficient sureties of an}' officer elected 
by the city council or appointed by the mayor and alder- 
men ; to establish by ordinance such offices as may be 
necessary for any municipal purposes; to establish a fire 
department with such officers and men, apparatus, and 
regulations for the government thereof, as said city council 
may by ordinance prescribe ; to make ordinances and affix 
penalties thereto, as provided herein and by general law, 
without the sanction of any court or justice thereof; to 
act upon all matters in which authority is now given to 
said city of Newton under any acts to supply said city and 
the .town of Newton with water ; to lay out, alter, discon- 
tinue, locate anew, fix the grade of, or oicler specific re- 
pairs in, any highway, street or town way, and to estimate 
and assess the damages any person may sustain thereby, 
and the powers of the city council shall be exclusive there- 
•iii ; but action upon all said matters shall first be taken by 
the mayor and aldermen, and persons sustaining damage 
in their property shall have the remedies which are pro- 
vided in the case of taking land for ways in said city of 
Newton ; but there shall be no appeal from a decision not 
to lay out a way ; to act upon all matters in which au- 
thority is given to said city council and the board of alder- 
men and the mayor and aldermen in acts relating to 
"Cheese Cake Brook," to laying and maintaining drains 
and sewers in said city and in the city of Boston and the 
town of Watertown, lo establishing grades for drainage 
and sewerage in said cit}' of Newton, and in general laws 
relating to streets, sidewalks, drains and sewers, and the 
taking of lands from which may be taken earth and gravel ; 
but action upon all said matters shall first be taken l)y the 
mayor and aldermen ; and generally to exercise all the 
powers of towns under general laws. 

Section 8. Provision may be made from time to time 
by the city council by ordinance ratified by the legal 
voters at an annual municipal election as follows : — Fix- 
ing the number of wards, but only in a year preceding 
that of the state or national census; fixing the number of 
members of the common council, provided that wards shall 
be equally represented ; fixing the number of aldermen, 
provided that wards shall be equally represenletl. 

Section 9. The mayor and aldermen shall issue war- 
rants for meetings of citizens for municipal purpt)ses. The 
mayor and aldermen shall luive power to act in all matters 
in which authority is given to the city and said board 
relating to the " Kenrick Fund;"* and shall have all the 



1882. — Chapter 210. 



161 



powers of selectmen and of boards of aldermen and of a 
mayor and aldermen under general laws, excepting as is 
otherwise provided in the preceding section. 

Section 10. The mayor shall be the chief executive 
officer of the city. He shall see that the laws and the 
ordinances, orders and regulations of the city are duly 
executed and enforced, and shall exercise a general super- 
vision over the official acts and conduct of all subordinate 
officers. He may suspend any officer, and may suspend 
any work or payment, whether under a contract, or other- 
wise, for a period not exceeding ten days ; but in such 
case he shall report his action, with his reasons therefor, 
to the city council, which shall take immediate action 
thereon. He may except from his approval of any ordi- 
nance, order, resolution or vote, in which he has the 
power of veto by general law, any portion involving a, 
distinct item of expenditure ; in such case, instead of 
returning the original, he shall transmit a copy of such 
portion not approved. He shall be, ex officio, a member 
and chairman of the school committee, and of the over- 
seers of the poor. In the school committee he shall have 
only a casting vote. He may call special meetings of the 
city council, or of either branch thereof, by causing notices 
to be left at the usual place of residence of each member 
of the city council or of the branch to be convened. He 
shall at all times have the control and direction of the 
police force, subject only to the ordinances of the city. 
His salary shall not be changed during his term of office. 

Section 11. The school committee shall continue as 
at present constituted, and shall consist of the mayor, and 
president of the common council, ex officio, and two mem- 
bers from each ward elected for the term of three years. 
They may elect from their own number a chairman, who 
shall preside in the absence of the mayor. They shall 
serve without compensation. No member shall be the 
superintendent of schools. They shall forthwith notify 
the mayor and aldermen of any vacancy in their board, 
and may fill such vacancy until the end of the municipal 
year in which the warrant for the next municipal election 
is issued. At such election the vacancy shall be filled for 
the unexpired term. No money shall be expended by the 
school committee except by a two-thirds vote of members 
present and voting. 

Section 12. All acts and parts of acts inconsistent 
herewith are repealed : provided, that tliis repeal shall not 
revive any act heretofore repealed, nor affect any right 

21 



Mayor to be 
chief executive 
officer of tlie 
city. 



Chairman of 
the school com- 
mittee and of 
the overseers of 
the poor. 



School com- 
mittee. 



Repeal not to 
revive act liere 
tofore repealed 
etc. 



162 



1882. — Chapter 211, 



When to take 
efltct. 



Charter revised. 



accruing or accrued, or any offence committed, or penalty 
or forfeiture incurred at the time when this act takes effect, 
or any suit or prosecution or other proceeding then pend- 
ing, nor abridge the term of any office then filled, nor 
affect any ordinance then in force and not inconsistent 
with this act. 

Section 13. This act shall take effect for the election 
of municipal officers at the annual municipal election on 
the first Tuesday of December in the year eighteen hun- 
dred and eighty-two, and for all other purposes at the 
beginning of the municipal year in the following January : 
provided^ that it shall be accepted by a majority of the 
legal voters of said city of Newton voting thereon by bal- 
lot at the annual state election in the year eighteen hun- 
dred and eighty-two, notice thereof having been duly given. 

Approved May 10, 1882. 

C hap. 2\1 An Act to revise the charter of the city of taunton. 
Be it enacted, etc., asfolloios: 

Section 1. The inhabitants of the city of Taunton, 
for all purposes for which towns and cities are by law 
incorporated in this Commonwealth, shall continue to be 
a body politic and corporate under the name and style of 
the City of Taunton, 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 in- 
cumbent upon and appertaining to said city as a municipal 
corporation. 

Section 2. The administration of all the fiscal, pru- 
dential and municipal affairs of said city, with the govern- 
ment thereof, shall be vested in a mayor, one council of 
eight to be called the board of aldermen, and one council 
of twenty-four to be called the common council; which 
boards, in their joint capacity, shall be called the city 
council; and the members thereof shall be sworn to the 
faithful discharge of their duties. A majority of each 
board shall constitute a quorum for business. 

Section 3. The city of Taunton shall continue to be 
divided as heretofore into eight wards. The v\ty council 
ina}^ at any time before the year eighteen hundred and 
eighty-five, and not oftener than once in five years tliere- 
after, alter, if needful, the boundaries of the wards so as 
to preserve, as nearly as may be consistent with well de- 
fined limits to each ward, an equal number of voters in 
each ward ; and until such alteration shall be made the 



Oovernment 
vested ill mayor 
and city council. 



To bo divided 
i nto eight wardM. 



1882. — Chapter 211. 



163 



boundary lines of the wards of said city shall remain as 
now established. 

Section 4. On Tuesday after the first Monday in 
December in each year, 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 are chosen and qualified in their stead. Said war- 
dens 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 war- 
den pro tempore is chosen by ballot ; if both the warden and 
clerk are absent, the senior in age of the inspectors pres- 
ent shall preside until a warden pro tempore is thus chosen ; 
and if all said officers are absent, any legal voter in said 
ward may preside until a warden pi'o tempore is so chosen. 
When any ward officer is absent, or neglects to perform 
his duty, his office shall be filled pro tempore, by the voters 
present. The clerk shall record all the proceedings of 
such meetings and certify the votes cast and deliver to 
his successor in office all records, journals, documents and 
papers held by him in his official capacity. The inspectors 
shall assist the warden in receiving, assorting and count- 
ing the votes. All said officers shall be sworn to the faith- 
ful discharge of their duties. The oath of office shall be 
administered by the clerk to the warden, and by the war- 
den to the clerk and to the inspectors, or to either of said 
officers by any justice of the peace ; certificate of such 
oaths shall be made by the clerk upon the ward records. 
The election of municipal officers shall take place on 
Tuesday next after the first Monday of December annu- 
ally, and the municipal year shall begin on the first Mon- 
day of January following. All warrants for meetings of 
the citizens for municipal purposes, to be held either in 
wards or in general meeting 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 by ordinance direct. 

Section 5. The mayor shall be elected by the qualified 
voters of the city at large, voting in their respective 
wards. He shall be a qualified voter of the city, and shall 
hold his office for the municipal year next following his 
election, and until another shall have been elected and 
qualified in his place. One alderman and three common 
eouncilmen shall be elected by and from the voters of each 
ward, and shall at the time of their election be residents 



Election of 
ward olficers. 



Ward officers to 
■be sworn. 



M'^arrants for 

niet'tings, etc. 



Mayor to be 
elected at large. 



One alderman 
and three 
eouncilmen 
from each ward. 



164 



1882. — Chapter 211. 



School com' 
tnittee. 



Vacancies. 



Annual election 
of ollicerB. 



Certiflcatea of 
election. 



of the wards respectively in which they are elected ; they 
shall hold their offices for the municipal year next follow- 
ing their election and until a majority of the new boards 
respectively shall be elected and qualified in their places. 
The board of school committee shall consist of eleven per- 
sons; three members shall be chosen at each annual elec- 
tion, in the manner provided for the election of mayor, for 
the term of three years. The mayor and president of the 
common council shall be ex officiis members of the board 
of school committee, with the same powers and duties as 
if severally elected thereto ; and the mayor shall be chair- 
man of said board. The persons heretofore elected as 
members of said board shall continue in office according 
to the tenure thereof. The board of school committee shall 
be the final judge of the qualification and election of its 
own members, and shall have all the powers vested in 
school committees by the laws of the Commonwealth. A 
majority of the members of said board shall constitute a 
quorum for the transaction of business. Any vacancy 
occurring in said board may be filled, for the remainder of 
the municipal year, by the joint ballot of the aldermen 
and school committee, and for the unexpired term there- 
after shall be filled at the first municipal election after 
such vacancy occurs. 

Section 6. On Tuesday after the first Monday of 
December in each year when the qualified voters in each 
ward shall give in their votes for mayor, aldermen, com- 
mon councilmen, school committee and ward officers, as 
herein before provided, all the votes so given in shall be 
assorted, counted, declared and registered in open ward 
meeting, and the name of each person voted for and the 
number of votes given for each person shall be recorded 
in words at length. The clerk of the ward, within twen- 
ty-four hours after such election shall cause to be delivered 
to each person elected as alderman and common council- 
man a certificate of his election, signed by the warden and 
clerk and a majority of the inspectors, and shall deliver 
to the city clerk a copy of the record of such elections 
certified in like manner: provided^ that in all cases the 
persons receiving the greatest number of votes for their 
respective offices shall be declared to be elected. If two 
or more persons have received the same number of votes 
for any of said offices, the meeting may be adjourned from 
time to time until some person is elected. The board of 
aldermen shall, as soon as may be antl in the manner pro- 
vided by law, examine the copies of the records of the 



1882. — Chapter 211. 



165 



several wards, certified as aforesaid, and shall cause the 
person who has received the greatest number of votes for 
mayor, and the persons who have received the greatest 
number of votes for school committee, respectively, to be 
notified in writing of their election ; but if there shall 
appear to be a failure so to elect in an}'^ case, or if a per- 
son so elected shall refuse to accept his office, the board 
of aldermen shall issue their warrants for a new election, 
and the same proceedings as herein before provided shall 
thereupon be had and repeated until such officers 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 board of aldermen and the common council 
shall respectively, by vote, declare that a vacancy exists, 
and the cause thereof; whereupon the two boards shall 
meet in convention and elect a mayor to fill such vacancy ; 
and the mayor thus elected shall hold the office until the 
inability aforesaid is removed, or until a new election, 
which may be ordered by the board of aldermen. The 
oath of office shall be administered to the mayor by the 
city clerk or any justice of the peace. The aldermen and 
common councilmen elect shall, on the first Monday of 
January in each year at ten o'clock in the forenoon, meet 
in convention, when the oath shall be administered to them 
by the mayor or city clerk, a certificate whereof shall be 
entered on the journals of said boards by their respective 
clerks. The boards shall then separate and the common 
council shall be organized by the choice of one of their 
number as president, and also of a clerk, not one of their 
number, both of whom shall be sworn to the faithful dis- 
charge of their duties. 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 govern- 
ment shall be organized m the manner herein before pro- 
vided, and may proceed to business in the same manner as 
if the mayor was present ; and the oath of office, at any 
time thereafter in convention of the two branches, may 
be administered to the mayor and any member of the city 
council who may liave been absent at the organization. 
The board of aldermen shall elect one of their number to 
preside at all meetings of the board when the mayor does 
not preside, who shall be called the chairman of the board elected 
of aldermen, and who shall hold office during the muni- 
cipal year for which he is elected. In the absence of both 
the mayor and chairman of the board of aldermen, the 
aldermen shall elect one of their members as chairman for 



Vacancy in the 
office of mayor. 



Organization of 
the government. 



Ciiairraan of the 
board of alder- 
men to be 



166 



1882. — Chapter 211, 



Each board to 
keep record of 
its own pro- 
ceedings. 



Mayor to be 
chief executive 
officer. 



Mayor to nomi- 
nate, subject to 
confirmation, 
etc., by alder- 
men. 



Executive 
power vested in 
mayor and 
aldermen. 



Election of city 
clerk, treaeurer, 
etc. 



the time being. In the absence of the mayor, the chair- 
man of the board af aldermen shall preside at all conven- 
tions of the city council. Each board shall keep a record 
ol its own proceedings, and judge of the election of its 
own members ; but in case of the failure of an election, or 
in case of any vacancy declared by either board, the mayor 
and aldermen shall order a new election. 

Section 7. The mayor shall be the chief executive 
officer of the city ; he shall be vigilant in causing the laws 
and regulations of the city to be enforced ; he shall exer- 
cise a general supervision over the conduct of all subordi- 
nate officers, and shall 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 he 
deems it necessary, by causing written notices thereof to 
be left at the places of residence of the several members. 
He shall from time to time communicate such information 
and recommend such measures as in his opinion the inter- 
ests of the city may require. He shall preside in the board 
of aldermen, and in convention of the two boards. 

Section 8. In all cases in which appointments are di- 
rected to be made by the mayor and aldermen, the mayor 
shall have exclusive power of nomination, being subject 
however to confirmation or rejection by the board of alder- 
men ; but if a person so nominated shall fail of confirma- 
tion it shall be the duty of the mayor to make another 
nomination within one month from the time of such rejec- 
tion or failure to confirm. 

Section 9. The executive power of said city generally, 
and the administration of the police, with all the powers 
formerly vested in the selectmen of the town of Taunton, 
and heretofore vested in the mayor and aldermen of the 
city of Taunton, shall continue to be vested in and exer- 
cised by the mayor and aldermen of said city, as fully as 
if the same were herein specially enumerated. The mayor 
and aldermen shall have full exclusive power to appoint 
constables, and a city marshal or chief of police and assist- 
ants, with the powers and duties of constables, and all 
other police officers, and to remove the same when cause 
exists therefor. All other powers now vested in the in- 
habitants of said city, and all powers granted to them by 
this act, shall be vested in the mayor and aldermen and 
common council, except so far as different j)rovisions are 
herein made, to be exercised by concurrent vote, each board 
to have a negative upon the other. The city couiu'il shall 
q,nnually, as soon as may be after organization, elect by 



1882. — Chapter 211. 



167 



joint ballot a city treasurer, collector of taxes, city clerk, 
city solicitor, superintendent of streets, and city physician 
for tlie ensuing year, who shall hold their respective offices 
until others are elected and qualified in their stead, and 
the city council shall, in such manner as may be determined 
by ordinance, appoint or elect all other subordinate officers 
not herein otherwise provided for, define their duties and 
fix the compensation of all officers and subordinate officers 
so far as the same are not determined by the laws of the 
Commonwealth. The city council may fill a vacancy ex- 
isting in any such office, and may remove any of said offi- 
cers for cause. The sessions of the boards aforesaid shall 
be public when they are not engaged in executive business. 
The city council shall see that no money is paid from the 
city treasury unless granted or appropriated ; they shall 
secure a just and prompt accountability by requiring bonds, 
with sufficient penalties and sureties, from all persons in- 
trusted with the receipt, custody or disbursement of money, 
and from such other officers as they may think necessary ; 
tliey shall have the care and superintendence of the city 
buildings, and the control and management of all city prop- 
erty, with power to let or sell what may be legally let or 
sold : and to purchase property, real and personal, in the 
name and for the use of the city, whenever in the judgment 
of the city council it may be deemed expedient. The city 
council shall publish annually a particular account of the 
receipts and expenditures of the city, and a schedule of 
the property and debts of the same. The city council 
shall also fix the annual salary of the mayor. 

Section 10. No alderman or common councilman shall 
be appointed or elected by the city council, or either branch 
thereof, to any office the salary of which is paid by the 
city. 

Section 11. The city clerk before entering upon the 
duties of his office shall be sworn to the faithful perform- 
ance thereof. He shall be clerk of the board of aldermen, 
shall attend said board when the same is in session, 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 reasonably be required of 
him ; he 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 aforesaid, or whenever he 
may be thereto required by the board of aldermen. He 
shall also be clerk of the cjty council when in convention. 



Vacancies and 
removals. 



Annual state, 
ment of receipts 
and expendi- 
tures to be pub- 
lished. 



Members of city 
council not to 
hold salaried 
office. 



City clerk to 
be clerk of the 
board of alder- 
men, and clerk 
of the city coun- 
cil when in 
convention. 



168 



1882. — Chapter 211. 



Aegessors and 

assistant 

aeeeesors. 



Overseers of the 
poor. 



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 belonging to the city clerk of 
the city of Taunton, as fully as if the same were particu- 
larly enumerated. 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 tempore^ 
with all the powers, duties and obligations of the city 
clerk, until the city clerk resumes his duties, or his suc- 
cessor is elected ; and said officer shall be sworn in the 
manner provided in the case of the cit}^ clerk. 

Section 12. The persons heretofore elected by the 
city council as members of the board of assessors shall 
continue in office according to the terms heretofore estab- 
lished, and as soon after the first Monday in January an- 
nually hereafter as conveniently may be, the city council 
shall by concurrent vote elect one person, a resident of 
said city, to serve as a member of said board for three 
years from said first Monday, and until his successor is 
chosen and qualified. The city council may in like man- 
ner fill any vacancy in said board ; ma}'- elect such assist- 
ants and provide such clerical aid as it deems necessary, 
and define the duties and fix the compensation of all of 
said officers. The assessors chosen as aforesaid shall exer- 
cise the same powers and be subject to the same duties and 
liabilities as town assessors under the laws of the Com- 
monwealth. They shall be sworn to the faithful discharge 
of their duties. All taxes shall be apportioned and col- 
lected in the manner prescribed by the laws of this Com- 
monwealth : provided^ hoivever, that the city council may 
establish further or additional provisions for the collection 
thereof. 

Section 13. As soon after the acceptance of this act 
as may be convenient, the city council shall by concurrent 
vote choose three 2:)ersons to be overseers of the poor, — 
one for three years, one for two years, and one for one 
year, from the first Monday of January preceding said 
election, and until others shall be elected in their stead ; 
and thereafter in the month of January annually said city 
council shall in like manner choose one person who shall 
hold his office for the term of three years next ensuing, 
and until another sliall be chosen and qualified in his stead. 
The city council may, for cause, remove any member of 
said board, and shall fill any vacancy therein for the unex- 
pired terra, by election in the manner herein before pro- 
vided, as soon as may be after the occurrence of such 



1882. — Chapter 211, 



169 



Fire depart- 
ment. 



vacancy. Annually in the month of January said board 
shall organize by the choice from their own number of a 
chairman and a secretary, who shall also act as agent of 
said board. The city council shall fix the compensation of 
said overseers of the poor. 

Section 14. There shall be a board of health consist- Board of health, 
ing of the city physician and two other persons, who shall 
be forthwith appointed in the manner provided in sections 
eight and fifteen of chapter eighty of the Public Statutes ; 
and said board shall have all the powers and privileges and 
be subject to all the duties and provisions relating to 
boards of health so appointed, set forth in said chapter, 
and all the power and authority now vested in the board 
of health of said city shall be transferred to and be vested 
in the board of health appointed as above provided. 

Section 15. The city council shall establish a fire de- 
partment for said city, and shall by ordinance determine 
of what officers and members said department shall con- 
sist, prescribe the time and mode of their appointment and 
removal, define their powers, duties and periods of service, 
fix their compensation and make such other regulations 
regarding their conduct and government as they deem 
expedient. The engineers or other officers of the depart- 
ment, appointed as aforesaid, shall have all the powers 
and authority conferred upon fire wards by the Public 
Statutes. The city council of said city may by ordinance 
make regulations concerning the management of fires, the 
conduct of all persons present at the same, the removal 
and protection of property, the examination of any build- 
ing or place where combustible materials or substances are 
supposed to be kept or deposited, the removal of such 
materials and substances, and the adoption of other suita- 
ble safeguards against fires and the loss or destruction of 
property by reason of the same. Said city may procure 
and hold such land, buildings, furniture, engines and other 
apparatus as may be necessary for the purposes of the fire 
department ; and the city council may by ordinance make 
regulations regarding the use, control and preservation 
thereof. The powers and duties mentioned in the preced- 
ing sections, or any of them, may be exercised and carried 
into eifect by the said city council in any manner in which 
it may prescribe, and through the agency of any persons 
or any board or boards to whom it may delegate the same. 
Suitable penalties may be affixed to the violation of the 
regulations made under the authority of this act, not 
exceeding twenty dollars for any breach thereof. Said 

22 



Powers may 
be exercised in 
manner pre- 
scribed by the 
city council. 



170 



1882. — Chapter 211, 



Maj'or and 
aldermen, with 
concurrence of 
common coun- 
cil, may lay out 
streets, etc. 



Drains and 
common sewers. 



Election of rep- 
resentatives to 
tlie general 



Election of 
national, state 
and county 
otticers. 



city is authorized to expend a sum not exceeding five hun- 
dred dollars annually, under the direction of the city coun- 
cil, for the relief of such firemen as are disabled in the 
service of said city, and for the relief of the famDies of 
such firemen as are killed in the performance of their 
duties. 

Section 16. The mayor and aldermen, with the con- 
current vote of the common council, may lay out, alter 
or discontinue streets and town ways, fix the grades there- 
of and estimate the damages sustained by parties thereby ; 
but all parties aggrieved b}^ such action shall have the 
same right of application and complaint to the county 
commissioners that they now have when dissatisfied with 
the action of selectmen of towns. 

Section 17. The mayor and aldermen, with the con- 
currence of the common council, may lay drains and com- 
mon sewers through streets or private lands, paying the 
owners such damages as they sustain thereby. They may 
require any person opening a drain into such common 
drain or sewer to pay a reasonable sum for that privilege. 

Section 18. The mayor and aldermen shall in each 
year issue their warrants for calling meetings for the 
election of the whole number of representatives to the 
general court, to which the said city is b}* law entitled, 
such number to be specified in such warrants. 

Section 19. All elections of county, state and United 
States officers, who are chosen by the people, shall be held 
at meetings of citizens qualified to vote in such elections 
in their respective wards at the times prescribed by law ; 
the votes given for such officers shall be received, assorted, 
counted, declared and registered in open ward meetings, 
as is herein provided in reference to city officers. The 
ward clerks shall forthwith deliver to the city clerk certi- 
fied copies of the records so made ; 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 election, to be signed by the mayor and a majority of 
the aldermen, and also by the city clerk, wliich certificate 
shall be transmitted, delivered and returned as by law 
required. If the whole number of rejjresentatives to the 
general court are not elected, the mayor and aldermen 
shall issue their warrants for a new election, conformably 
to the constitution and htws. 



1882. — Chapter 211, 



171 



Section 20. Lists of voters in each ward shall be pre- 
pared by the mayor and aldermen in the manner provided 
by the laws of the Commonwealth, and for that purpose 
they shall have access to the assessors' books and lists, and 
be entitled to the assistance of all the city officers ; and 
said lists, so prepared, the}' shall deliver to the clerks of 
the wards, to be used at such elections, and shall cause 
copies thereof to be posted in three public places in each 
ward the length of time required by law prior to such elec- 
tions ; and no person shall be entitled to vote in a ward 
whose name is not borne on such a list: provided^ that any 
person whose name shall not be borne on the list of the 
ward in which he is entitled to vote when it shall be placed 
in the hands of the clerk of said ward shall have the right 
to have his name entered thereon at such time thereafter 
as is provided in like cases by the laws of this Common- 
wealth. 

Section 21. General meetings of the citizens qualified 
to vote may be held according to the right secured to the 
people by the constitution of the Commonwealth. Such 
meetings shall be called by the mayor and aldermen on the 
petition of fifty qualified voters. 

Section 22. The city council shall make by-laws or 
ordinances, with suitable penalties, for the inspection, 
survey, measurement, weighing and sale of lumber, wood, 
coal and bark brought into or exposed in the city for sale, 
and all such other by-laws as towns may make and estab- 
lish ; but no penalty for a breach thereof shall exceed 
twenty dollars. Such by-laws shall be presented to the 
mayor for his approval ; if he approve, he shall sign them ; 
if not, he shall return them to either branch of the city 
council, with his objections ; if they are again passed by 
two-thirds of the members of each board present and voting 
thereon, the same shall become a law, otherwise not. All 
fines and forfeitures for the breach of any by-law or ordi- 
nance shall be paid into the city treasury. 

Section 23. All fines, forfeitures and penalties accru- 
ing for the breach of any by-law of said city, or of the 
ordinances of the city council, or of any of the orders of 
the mayor and aldermen, may be prosecuted for and recov- 
ered before the first district court of Bristol in the man- 
ner in which fines, forfeitures and penalties have heretofore 
been by law prosecuted for and recovered ; reserving how- 
ever to the party prosecuted the right of appeal to the 
superior court. If any person refuses to pay such a fine 
imposed upon him, or refuses to recognize with sureties to 



Lists of voters. 



Oeneral meet- 
ings of citizens. 



Inspection of 
lumber, bark, 
etc. 



Fines and for- 
feitures may be 
prosecuted for, 
before tlie first 
district court 
of Bristol. 



172 



1882. — Chapter 212. 



Void, iinlegg 
accepted within 
three months. 



prosecute his appeal, the same proceedings shall be had as 
in an}^ criminal prosecution. 

Section 24. This act shall be void unless accepted by 
the city council of Taunton within three months from its 
passage. Approved May 11, 1882. 



Chap. 212 



Experiment 
station estab- 
lished. 



Management 
vested in board 
of control. 



Board to make 
report to tlie 
legislature. 



Two members 
of board to 
retire each year. 



Board to ap- 
point otiicers, 
and provide 
apparatUK for 
experiments. 



An Act to establish an agricdltdral experiment station. 
Be it enacted, etc. , as follows : 

Section 1. An agricultural experiment station shall 
be established and maintained at the Massachusetts agri- 
cultural college in the town of Amherst. 

Section 2. The management of said station shall be 
vested in a board of control of seven persons of which 
board the governor shall be president ex officio, and of which 
two members shall be elected from the state board of agri- 
culture, by said board of agriculture ; two from the trustees 
of the Massachusetts agricultural college, by said trustees ; 
one from the Massachusetts societ}'^ for promoting agricul- 
ture, by said society ; and the remaining member shall be 
the president of the Massachusetts agricultural college. 
The said board shall choose a secretary and treasurer. 

Section 3. The said board of control shall hold an 
annual meeting in the month of January, at which time it 
shall make to the legislature a detailed report of all moneys 
expended by its order, and of the results of the experiments 
and investigations conducted at said station, with the name 
of each experimenter attached to the report of his own 
work, which detailed report shall be printed in the annual 
report of the secretary of tlie state board of agriculture. 

Section 4. The said board of control shall at its first 
meeting arrange for the retiring of two members each year, 
and the successors of such retiring members shall be elect- 
ed by the bodies respectively which such retiring members 
represent : provided, that in the years in which under such 
arrangement the president of the Massachusetts agricul- 
tural college would be retired, the said president shall 
remain and one member only shall be retired. 

Section 5. Tlie said board of control shall appoint a 
director, a chemist, and all necessary assistants, aiul shall 
ju-ovide suitable and necessary a{)paratus and ap|)liances 
for the purpose of conducting experiments and investiga- 
tions in the following subjects: — i^<rs^ The causes, pre- 
vention and remedies of the diseases of domestic animals, 
])lants and trees ; Second, 'J'he history and habits of insects 
destructive to vegetation, and the means of abating them ; 



1882. — Chapter 213. 



173 



Thirds The manufacture and composition of both foreign 
and domestic fertilizers, their several values and their 
adaptability to different crops and soils ; Fourth^ The values, 
under all conditions, as food for all farm animals, for vari- 
ous purposes, of the several forage, grain and root crops ; 
Fifths The comparative value of green and dry forage, and 
the cost of producing and preserving it in the best condi- 
tion; Sixths The adulteration of any article of food intended 
for the use of men or animals ; and in any other subjects 
which may be deemed advantageous to the agriculture and 
horticulture of the Commonwealth. It may from time to May furnish 
time distribute any or all of the results of any experiment wuif ^efuhs of 
or investigation to such newspapers as may desire to pub- experiments. 
lish the same. 

Section 6. There shall be paid from the treasury of Allowance for 
the Commonwealth to the treasurer of said board of con- maint™nance°of 
trol before the first day of July in the year eighteen hun- «*'*"o"- 
dred and eighty-two the sum of three thousand dollars, to 
establish, prepare and equip said station; and for the main- 
tenance of said station hereafter there shall also be paid to 
said treasurer the sum of five thousand dollars annually, 
in regular quarterly instalments, on the first days of Janu- 
ary, April, July and October of each year, beginning on 
the first day of July in the year eighteen hundred and 
eighty-two. Approved May 12, 1882. 

An Act to provide a burial place for prisoners dying in Chap.2\^ 

THE reformatory PRISON FOR WOMEN. 

Be it enacted, etc., as follows: 

Section 1. The commissioners of prisons may pur- 
chase and hold, in behalf of the Commonwealth, such land 
not exceeding one acre in extent, within the town of Sher- 
born, as they may deem necessary for the burial of prison- 
ers who die in the reformatory prison for women ; and 
they may use such land for the purpose aforesaid : pro- 
vided, that they shall not expend for the purchase thereof 
a sum exceeding one hundred and fifty dollars. Said com- 
missioners may expend for fencing such land and preparing 
it for use as aforesaid a sum not exceeding five hundred 
dollars. 

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

Approved May 12, 1882. 



Burial place to 
be provided for 
prisoners. 



174 



1882. — Chapters 214, 215, 216. 



Double track for 
railruad and 
tuuuoi. 



Chap. 2X4 An Act making appropriations for the double tracking 

AND IMPROVEMENT OF THE TEOY AND GREENFIELD RAILROAD 
AND IIOOSAC TUNNEL. 

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, to be expended under the direction of the gov- 
ernor and council, for continuing the double tracking of 
the Troy and Greenfield Railroad and Hoosac Tunnel, to 
wit: F'or continuing the double tracking of the Troy and 
Greenfield Railroad, east of the eastern portal of the 
Hoosac Tunnel, a sum not exceeding two hundred and 
fifty thousand dollars. 

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

Approved May 12, 1882. 



Fees of officers 
for summoning 
witnesses in 
criminal cases. 



Chap.2\o An Act fixing fees of officers for summoning witnesses 

IN CRIMINAL CASES. 

Be it enacted, etc., as follows : 

Section 1. There shall be taxed and allowed to 
deputy sheriffs, constables and other oflBcers in criminal 
cases, for summoning witnesses ten cents each, and for 
travel ten cents a mile each way, for any distance not 
exceeding twenty miles, and for any excess of distance 
over twenty miles five cents a mile to be computed each 
way, and no more; the distance to be computed from the 
most remote place of service to the place of return ; but 
upon a subpo'na the court to which the same is returnable 
shall reduce the fee for travel to a reasonable amount for 
the service performed whenever the travel charged has 
not been actually performed by the officer who has made 
the service. 

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

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

Approved May 12, 1882. 



Ch(q).2\(\ 



AsBistant )i»r- 
bor masters may 
be api)ointeil. 



An Act in relation to assistant haup.ok masters. 
Be it enacted, etc. , as follows : 

Section 1. Assistant harbor masters 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 situated. Such mayor and aldermen 
or selectmen shall lix the compensation t)f such assistants, 
to be paid by their respective city or town, and the assist- 



1882. — Chapter 217. 



175 



Notice by assesB- 
ors to require 
returns to be 
made within a 
specified time. 



ants so appointed shall continue in office until the appoint- 
ment of their successors or until their appointments shall 
have been revoked. 

Section 2. Such assistants shall be subject to the to be under 
direction and control of the liarbor master of their respec- harbm^master.'' 
tive city or town, and shall have all the powers and be 
subject to all the duties of said harbor master whether 
given by general or special acts. 

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

Approved May 12, 1882. 
An Act providing for returns of property held for lit- Chap. 2X1 

ERARY, benevolent, CHARITABLE OR SCIENTIFIC PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The notice to be given by assessors under 
the provisions of section thirty-eight of chapter eleven of 
the Public Statutes shall require all persons and corpora- 
tions to bring in to the assessors, within a time therein 
specified, not later than the first day of July in the then 
current year, true lists of all real and personal estate held 
by such persons and corporations respectively for literary, 
benevolent, charitable or scientific purposes on the first 
day of May in said yecir, together with statements of the 
amounts of all receipts and expenditures by such persons 
or corporations for said purposes during the year next 
preceding said first day of May ; such lists and statements 
to be in such detail as may be required by the tax com- 
missioner : provided, that the assessors may accept any 
such list and statement after the time so specified if they 
shall be satisfied that there was good cause for the delay ; 
but no list or statement shall be received after the first 
day of August in the then current year. 

Section 2. If any person or corporation wilfully 
omits to bring in the list and statement of real and per- 
sonal estate as herein required, the estate so held shall not 
be exempt from taxation in the then current year under 
the provisions of the third clause of section five of said 
chapter. 

Section 3. The tax commissioner shall cause to be 
printed and distributed to assessors suitable printed forms 
for such lists and statements, and assessors shall forward 
to the tax commissioner all such lists and statements re- 
ceived by them with the statements required by section 
ninety of said chapter; and the tax commissioner shall 
cause to be prepared and submitted with his annual report 



Not exempt 
from taxation 
unless return is 
made as re- 
quired. 



Printed forms to 
be furnished to 
asBes-»or8. 



returns to insur 
ance conimis- 
siolier under 
P. S. 115, § 11 



176 - 1882. — Chapters 218, 219, 220. 

to the general court such an abstract of the particulars 
contained in such lists and statements as he shall deem 
for the public interest. 
Not to apply to SECTION 4. This act shall not apply to corporations 
making returns to the insurance commissioner under the 
provisions of section eleven of chapter one hundred fifteen 
of the Public Statutes. 

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

Approved May 12, 1S82. 

Chap. 218 An Act fixing the payment of costs in appeals for abate- 
ment OF TAXES. 

Be it enacted, etc., as follows: 
coBts in appeals Scctiou scvcnty-onc of chaptcT eleven of the Public 
for abatement of g^^tutcs is amended by adding at the end thereof the 
following words : " and may make such order relating to 
the payment of costs as justice may seem to require : pro- 
vided, that taxable costs shall not be allowed to a party 
who has failed to file a list of his estate as required by 
law." Apiiroved May 12, 1882. 

Chap. 219 An Act to abolish the school district system. 

Be it enacted, etc., as follows: 
School district Section 1. The school district* system in this Com- 
iJhod"^ ''^°^" monwealth is hereby abolished. 

Provisions of SECTION 2. The provisioHs of chapter forty-five of the 

appiy-^ ^^ Public Statutes, so far as the same apply to towns in which 

the school district system is abolished by vote, shall apply 

to all towns in which the school district system is abolished 

by this act. 
To take effect SECTION 3. This act shall take effect on the first day 

Jan. 1.1883. ^£ j^^i^u^ry in the year eighteen hundred and eighty-three. 

Approved May 12, 1882. 

Chap. 220 An Act to prohibit the granting of licenses for the sale 
OF intoxicating liquors on premises within a certain 
distance of public schools. 
Be it enacted, etc., as follows: 
Licenses not to SECTION 1. No Hccnse of tlic first, second or third 
buiknuKiuar class, uudcr the provisions of chapter one hundred of tlie 
public school. Public Statutes, shall be granted for the sale of intoxicat- 
ing li(juors in any building or place on the same street 
within four liundred feet of any building occupied in whole 
or in part by a public school. 

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

Approved May 12, 1882. 



1882. —Chapter 221. 



177 



An Act to regulate the inspection and analysis of intoxi- Chap. 221 

CATING LIQUORS. 

Be it enacted, etc., as follows: 

Section 1. The inspector and assayer of liquors, re- inspection and 
quired by chapter one hundred of the Public Statutes to Hquors!" 
inspect and analyze liquors sent to him as provided in said 
chapter, shall analyze such liquors as may be sent to him 
by police officers and other officers authorized by law to 
make seizures of liquors, and return a certificate, signed 
by him, to the officer sending the same, stating the per- 
centage of alcohol, by volume, at sixty degrees Fahrenheit, 
which such samples of liquors contain. 

Section 2. A certificate shall accompany each and certificate to 

, f. , . . 1 nr. J. • 1 • J. accompany each 

every sample of liquor sent by an officer to said inspector sample. 
and assayer for analysis stating by whom the liquor was 
seized, the date of the seizure and the name and residence 
of the officer who seized said liquor. The said inspector 
and assayer shall note the date of the receipt and the 
analysis of said liquors upon said certificate, with the per- 
centage of the alcohol, as required by section one of this 
act. Said certificate may be in the following form : — 



City of 



(ok Town of) 



188 



To the Inspector and Assayer of Liquors for the Commonwealth of Massa- 
chusetts. 

Sir, I send you herewith a sample of taken from liquors 

seized by me. (Date) 188 . 

Ascertain the percentage of alcohol it contains, by volume, at sixty 
degrees Fahrenheit, and return to me a certificate herewith upon the 
annexed form. 

Constable of 
Police officer of 

Commonwealth of Massachusetts. 

Office of the Inspector and Assayer of Liquors, 
Boston, 188 . 



This is to certify that the 
above statement contains 
sixty degrees Fahrenheit. 
Received 188 

Analysis made 188 

Seal. 



Form of cer. 
tificate. 



received by me with the 
per cent, of alcohol, by volume, at 



Inspector and Assayer of Liquors 
for the Commonwealth. 



Section 3. The secretary of the Commonwealth shall secretary to 
cause to be provided and shall supply a suitable number P'^ovide forip«, 
of the forms prescribed in section two of this act. The 



23 



178 



1882. — Chapters 222, 223. 



Certificates to 
be admitted as 
evidence. 



Penalty for 
tampering with 
samples, etc. 



Court may 
order analysis 
by other than 
the inspector. 



certificate of said inspector and assayer, given under his 
hand and seal substantially in the form herein before set 
forth, shall be admitted as evidence on trials for the for- 
feiture of intoxicating liquors as to the composition and 
quality of the liquors to which it relates. 

Section 4. Any person who shall tamper with samples 
of liquor taken as herein provided, or shall alter the state- 
ments made upon the forms or certificates aforesaid, shall 
be liable to tiie penalties provided in section eighteen of 
chapter one hundred of the Public Statutes. 

Section 5. Any court or trial justice may cause liquors 
seized under the provisions of said chapter to be analyzed 
by a competent chemist other than said inspector and as- 
sayer of liquors, and the reasonable expense thereof, in- 
cluding a fee not exceeding five dollars for each analysis, 
shall be taxed, allowed and paid like other costs in crimi- 
nal cases. 

Section 6. This act shall take effect upon its passage. 

Approved May 12, 1882. 

Chap. 222 An Act in relation to advertising applications for liquor 

LICENSES IN THE CITY OF BOSTON. 

Be it enacted, etc., asfolloios: 

Section 1. Section six of chapter one hundred of the 
Public Statutes is amended by inserting after the words 
"printed therein," in the fourth line thereof, the words 
"and in the Charlestown, East Boston, South Boston, Rox- 
bury. West Roxbury, Dorchester and Brighton Districts 
respectively in said city, in at least one weekly newspa| er 
published in the district where the premises for which the 
license is asked are located, if there be any so published." 

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

Approved May 12, 1882. 

Chap. 223 An Act relating to the making and entering of decrees 

OF divorce. 

Be it enacted, etc., as follows : 

Section 1. Section nineteen of chapter one hundred 
and forty-six of the Public Statutes is amended so as to 
read as follows : " Section 19. All decrees of divorce shall 
in the first instance be decrees nisi, to become absolute 
after the expiration of six months from the entry thereof, 
without further notice theroiif by publication or otherwise, 
on application of either party to the court, or any justice 
thereof, in term time or vacation ; and on such application 



Advertising 
applications for 
liquor licenses. 



Decrees of di- 
vorce to be first 
made iiiHi, to 
become abso- 
lute after nix 
months, without 
further notice. 



1882. — Chapters 224, 225, 226. 179 

the court or justice shall make a final decree, unless the 
court has for sufficient cause, on application of any party 
interested, otherwise ordered." 

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

Approved May 15, 1882. 

An Act to limit the investments of savings banks and Chap. 224 

INSTITUTIONS EOR SAVINGS IN THE STOCK OF BANKS AND BANK- 
ING associations. 

Be it enacted., etc., as follows: 

No savings bank or institution for savings shall here- investments in 
after invest or hold as collateral security more than three banklTimi'fed. 
per cent, of its deposits in the stock of any one bank or 
banking association such as are described in the fourth 
clause of section twent}^ of chapter one hundred and six- 
teen of the Public Statutes. Any such savings bank or 
institution for savings which now has more than three per 
cent, of its deposits invested as aforesaid, shall reduce its 
investments therein to said limit, on or betore the first day 
of July in the year eighteen hundred and eighty-three. 

Approved May 15, 1882. 



An Act to amend "an act to prevent discrimination in Chap. 225 

FREIGHT RATES BY RAILROAD CORPORATIONS." 

Be it enacted, etc. , as follows : 

Section 1. Chapter ninety-four of the acts of the year no discrimina- 
eighteen hundred and eighty-two is amended by striking ll^frdght i^L^s! 
out the first and second sections thereof and inserting 
instead the following words : " No railroad company shall 
in its charges for the transportation of freight or in doing 
its freight business make or give any undue or unreasona- 
ble preference or advantage to or in favor of any person, 
firm or corporation, nor subject any person, firm or cor- 
poration to any undue or unreasonable prejudice or dis- 
advantage." 

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

Approved May 16, 1882. 

An Act in relation to blanks for certain court returns, Chap. 226 

AND to reports OF ARRESTS. 

Be it enacted, etc., as follows: 

Section 1. Tiie blank forms of the returns required Blank forms of 

by sections thirty-four and thirty -five of chapter two hun- fifrniThVd by 

dred and nineteen of the Public Statutes shall be fur- commissioners 

pt prisons. 



180 



1882. — Chapter 227. 



Monthly reports 
of arrests to be 
made to com- 
miesioners. 



Repeal of P. S. 
15, § 15; 219, 
§36. 



nished by the commissioners of prisons, and shall be in 
such form as said commissioners shall prescribe. 

Section 2. The police commissioners of the city of 
Boston, the city marshals or chiefs of police of other cities 
and of towns, and every officer making an arrest in a city 
or town not having a chief of police, shall make monthly 
reports to the commissioners of prisons, showing the num- 
ber of persons of each sex arrested in their several cities 
and towns ; such returns to be classified according to 
offences. Said commissioners may in their annual report 
present such statistics compiled from said reports as they 
shall deem expedient. 

Section 3. Section fifteen of chapter fifteen of the 
Public Statutes and section thirty-six of chapter two hun- 
dred and nineteen of the Public Statutes are repealed. 

Approved May 16, 1882. 



Chap. 227 An Act to establish the district court of Hampshire. 



District court of 
Hampebire. 



Justices. 
Salaries. 



tiessioDs of tbe 
court. 



Writ may run 
Into any county 
when one of 
dofendunts 
resides iu the 
district. 



Be it enacted, etc., as follows: 

Section 1. The several towns in the county of Hamp- 
shire shall constitute a judicial district under the jurisdic- 
tion of a court to be called the District Court of Hamp- 
shire. 

Section 2. There shall be one justice and two special 
justices of said court ; and the justice thereof shall receive 
from said county a salary of twenty-eight hundred dollars 
a year. 

Section 3. Said court shall be held on Monday and 
Tuesday of each week in the town of Northampton ; on 
the first and third Wednesdays of each month in the town 
of Amherst; on the second Wednesday of each month 
in the town of Cummington ; on the first and third Thurs- 
days of each month in the town of Belchertowu ; on the 
second and fourth Thursdays of each month in the town 
of Huntington ; on the first, second and third Fridays of 
each month in the town of Ware, and on the second and 
fourth Saturdays of each month in the town of Easthamp- 
ton. Other times and places for holding said court for 
either civil or criminal business may be fixed by the jus- 
tice thereof by general rule. 

Section 4. When one of several defendants resides 
within said district the writ issued by said court may run 
into any county and be served on the other defendant or 
defendiints fourteen days at least before its return day, in 
like manner as if issued by the superior court. Except as 



1882. — Chapters 228, 229, 230. 



181 



First sesBion of 
court. 



herein otherwise provided ail the provisions of law appli- 
cable in common to police and district courts shall be 
applicable to said court. 

Section 5. The first session of said court shall be held 
on the first Monday in July in the year eighteen hundred 
and eighty-two ; but nothing herein shall affect any suit 
or other proceeding begun prior to said first Monday in 
July. 

Section 6. This act shall take effect upon its passage. 

Approved May 16, 1882. 

An Act to authorize the salem seaman's orphan and Chap. 228 
children's friend societt to hold additional real and 

PERSONAL estate. 

Be it enacted^ etc., as follows: 

Section 1. The Salem Seaman's Orphan and Chil- Mayhoidaddi- 
dren's Friend Society, originally incorporated by chapter pewonaTesufe. 
eighty-one of the acts of the year eighteen hundred and 
forty-one, may hold real and personal estate to an amount 
not exceeding one hundred and fifty thousand dollars. 

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

Approved May 16, 1882. 

An Act to confirm and make valid certain proceedings Chap. 229 

OF the first parish in BRIGHTON. 

Beit enacted, etc., as follows : 

Section 1. The omission by the first parish in Brigh- proceedings 
ton to require the consent in writing of persons wishing ™^<is^*'»d- 
to become members of said parish shall not invalidate its 
organization or the proceedings in the business meetings 
of said parish. 

Section 2. The votes heretofore passed at the busi- 
ness meetings of said parish shall not be held to be invalid 
for the want of legal record evidence that the clerks there- 
of have been properly sworn. 

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

Approved May 16, 1882. 



Certain votes 
not invalid. 



An Act to change the name of the a. f. towle and son Chap. 230 
manufacturing company of newburyport. 

Be it enacted, etc., as follows: 

Section 1. The name of the " A. F. Towle and Son Name changed. 
Manufacturing Company," incorporated under the general 
laws of the Commonwealth and located in the city of New- 



182 



1882. — Chapters 231, 232. 



May make cer- 
tain additional 
invegtraents. 



buryport, is changed to the "Towle Manufacturing Com- 
pany." 

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

Approved May 16, 1882. 

Chap.2S\ An Act to allow savings banks and institutions for sav- 
ings ,TO MAKE additional INVESTMENTS. 

Be it enacted, etc., as follows: 

In addition to the investments authorized by section 
twenty of chapter one hundred and sixteen of the Public 
Statutes, savings banks and institutions for savings may 
invest their deposits and the income derived therefrom in 
the legally authorized bonds of the states of Pennsylvania, 
Ohio, Michigan, Indiana, Illinois, Wisconsin and Iowa, and 
of the District of Columbia, and in the legally authorized 
bonds, for municipal purposes, of any city in the aforesaid 
states and in the state of New York, which has at the date 
of such investment more than fifty thousand inhabitants 
and whose net indebtedness does not exceed five per cent, 
of the valuation of the taxable property therein, to be 
ascertained by the last preceding valuation of property 
therein, for the assessment of taxes ; and in the note or 
notes of any citizen of this Commonwealth, with a pledge 
as collateral of any of the aforesaid securities, the amount 
invested in such note or notes not to exceed in any case 
eighty per cent, of the market value of the securities 
pledged. Approved May 17, 1882. 

Chap. 232 An Act relating to the officers in attendance upon the 

SUPREME JUDICIAL COURT IN THE COUNTY OF SUFFOLK. 

Be it enacted, etc. , as follows : 

Section 1. The officers in attendance upon the su- 
preme judicial court, in the county of Suffolk, not exceed- 
ing four in number including the messenger of the justices 
of the supreme judicial court in said county, shall each 
receive in full for all services performed by them an annu- 
al salary of fourteen hundred dollars, of which one thou- 
sand dollars shall be paid by the said county and four 
hundred dollars by the Commonwealth. 

Section 2. Any additional officers whose attendance 
may be hereafter required by the supreme judicial court in 
the county of Suffolk, shall be paid for travel and for ser- 
vices actually performed, as pri)vided in section sixty-eight 
of chapter one hundred and fifty-nine of the Public Stat- 
utes, 

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

Approved May 18, 1882. 



Salaries of 
nfflrers in 
attendance 



Compensation 
of additional 
officers. 



1882. — Chapter 233. 



183 



An Act to establish the third and fourth district courts Chap. 233 

OF EASTERN MIDDLESEX AND THE POLICE COURTS OF MARL- 
BOROUGH AND BROOKLINE. 



Be it enacted^ etc., as follows: 

Section 1. The city of Cambridge and the towns of 
Arlington and Belmont shall constitute a judicial district 
under the jurisdiction of a court to be called the Third 
District Court of Eastern Middlesex. Said court shall be 
held in the city of Cambridge, and shall have a clerk. 

Section 2. The towns of Woburn, Winchester and 
Burlington shall constitute a judicial district, to be called 
the Fourth District Court of Eastern Middlesex. Said 
court shall be held in the town of Woburn, and shall have 
a clerk. 

Section 3. The town of Marlborough shall constitute 
a judicial district under the jurisdiction of a court to be 
called the Police Court of Marlborough ; and said court 
shall have a clerk. 

Section 4. The town of Brookline shall constitute a 
judicial district under the jurisdiction of a court to be 
called the Police Court of Brookline. 

Section 5. There shall be one justice and two special 
justices of each of said courts, and the said justices and 
the clerks herein provided for shall be appointed in the 
manner and with the tenure of office respectively provided 
in the case of justices and clerks of other police and dis- 
trict courts. All the provisions of law applicable in com- 
mon to police and district courts shall be applicable to said 
courts. 

Section 6. The justice of the third district court of 
Eastern Middlesex shall receive from the county of Middle- 
sex an annual salary of twenty-two hundred dollars, and 
the clerk thereof an annual salary of twelve hundred dol- 
lars ; the justice of the fourth district court of Eastern 
Middlesex shall receive from said county an annual salary 
of twelve hundred dollars, and the clerk thereof an annual 
salary of six hundred dollars ; the justice of the police 
court of Marlborough shall receive from said county an 
annual salary of one thousand dollars, and the clerk there- 
of an annual salary of four hundred dollars; and the jus- 
tice of the police court of Brookline shall receive from the 
county of Norfolk an annual salary of eight hundred dol- 
lars. 

Section 7. The first session of each of said courts shall 
be held on the first Monday in July in the year eighteen 
hundred and eighty-two. 



Third District 
Court of East- 
ern Middlesex. 



Fourth District 
Court of East- 
ern Middlesex. 



Police court of 
Marlborough. 



Police court of 
Brookline. 



Justices and 
clerks. 



Salaries of 
justices and 
clerks. 



First sessions of 
courts. 



184 



1882. — Chapters 234, 235. 



Provisions of 
P. 8. 82, § 16, 
not to apply. 



Police court of Section 8. All proceedings which may be pending 
ab^isheF before the police court of Cambridge on said first Monday 
in July shall be transferred to and be determined by the 
said third distiict court of Eastern Middlesex ; and said 
police court of Cambridge shall be abolished from that 
date, and thereafter all provisions of law relating to said 
police court shall cease to have effect. Except as above 
provided, nothing in this act shall affect any suit or other 
proceeding begun prior to said first Monday in July. 
Section 9. This act shall take effect upon its passage. 

Aj^proved May 18, 1882. 

Chap. 234 An Act concerning memorial cemetery in the town of 

WESTBOROUGH. 

Be it enacted., etc., as follows: 

Section 1. The provisions of section sixteen of chap- 
ter eighty-two of the Public Statutes shall not apply to 
that part of memorial cemetery in the town of Westbor- 
ough which is bounded as follows, to wit : — south-easterly 
on Main Street, twelve feet ; south-westerly on land of 
Christopher Whitney, forty-three feet ; and north-easterly 
on the remaining portion of said cemetery, forty-one feet. 

Section 2. This act shall take effect upon its accept- 
ance by a majority of the legal voters of said town present 
and voting thereon at a legal meeting called for the purpose. 

Approved May IS, 1882. 

Chap. 235 An Act in relation to appeals from taxation of costs in 

CIVIL actions. 

Be it enacted, etc., as follows: 

Chapter one hundred and ninety-eight of the Pul)lic 
Statutes is amended by stiiking out section twenty-five 
and substituting therefor the following : " Section 25. The 
appeal shall be heard and determined at .the next term or 
session unless the party who recovers costs elects to have 
it determined by one of the justices in vacation and gives 
reasonable notice thereof to the adverse party ; in which 
ease it shall be so determined. If however in any case 
co.sts are taxed before the expiration of any term the ap- 
peal shall be heard before the final adjournment thereof by 
the justice holding said term after reasonable notice to the 
adverse party ; and the judgment shall be considered as 
rendered when costs are finally taxed and alU)wed except 
as is provided in the following section." 

Approved May 18, 1882. 



Subject to 
acceptance by 
tbe town. 



Appeals from 
taxation of costs 
in civil action. 



1882. — Chapters 236, 237. 



185 



An Act relating to the illegal taking and using of horses Chap. 236 

AND carriages. 

Be it enacted, etc., as folloios: 

Whoever at any time hires a horse or carriage, and, with Penalty for 
intent to cheat and defraud the owner thereof, makes to hJilesand" 
the owner or his agent at the time of such hiring a false «'»"'*^«*- 
statement of the distance which he proposes to travel with 
such horse or carriage ; or with such intent to cheat or 
defraud makes to the owner or his agent, after the use of 
a horse or carriage, a false statement of the distance which 
he has actually travelled with such horse or carriage ; 
and whoever, with intent to cheat and defraud the owner 
thereof, refuses to pay for the use of any horse or carriage 
the lawful hack or carriage fare established therefor by 
any city or town, shall be punished for each offence by a 
fine not exceeding twenty dollars, or by imprisonment in 
the jail not exceeding two months, or by both such fine 
and imprisonment. Approved May 18, 1882. 

An Act relating to the settlement of titles to real estate. Chap. 237 
Be it enacted, etc., as follows: 

When the record title of real estate is encumbered by 
an undischarged mortgage, and the mortgagor and those 
having his estate in the premises have been m uninter- 
rupted possession of such real estate for twenty years after 
the expiration of the time limited in the mortgage for the 
full performance of the conditions thereof, he or they may 
apply to the supreme judicial court by petition, setting 
foith the facts, and asking for a decree as hereinafter pro- 
vided ; and if after notice to all persons interested, by 
publication or otherwise as the court may order, no evi- 
dence is offered of any payment on account of the debt 
secured by said mortgage within said twenty years, or of 
any other act within said time in recognition of its exist- 
ence as a valid mortgage, the court may enter a decree 
setting forth such facts and its findings in relation thereto, 
which decree shall, within thirty days, be recorded in the 
proper registry of deeds, and thereafter no action shall be 
brought by any person to enforce a title under said mort- 
gage. Approved May 18, 1882. 



After posses- 
sion of estate 
for twenty years 
by mortgaijror, 
action to 
enforce title 
barred, upon 
entry of a decree 
by the court. 



24 



186 



1882. — Chapters 238, 239. 



Table of 
changes in gen- 
eral statutes to 
be annually pre. 
pared. 



Chap. 238 An Act to provide for the preparation of tables and 

INDEXES RELATING TO THE STATUTES OF THE PRESENT TEAR 
AND SUBSEQUENT YEARS. 

Be. it enacted^ etc., as follows: 

Section 1. The governor shall each year cause to be 
prepared, by such skilled person as he may appoint, tables 
showing what general statutes have been affected by sub- 
sequent legislation in such manner as to furnish ready 
reference to all changes in such statutes; and he shall also 
cause to be prepared suitable indexes to the legislation of 
the year. The compensation for the services herein pro- 
vided for shall be fixed by the governor and council. 

Section 2. The tables and indexes prepared as afore- 
said shall be printed in such editions of the laws hereafter 
published by the Commonwealth as the governor may 
diiect. 

Section 3. Chapter eighteen of the resolves of the year 
eighteen hundred and sixty-seven, and so much of section 
one of chapter four hundred and six of the acts of the year 
eighteen hundred and seventy-four as relates to the supple- 
ment to the general statutes, are hereby repealed. 

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

Approved May 18, 1882. 



Tables and 
index to be 
printed with the 
laws. 



Repeal. 



Chap. 239 An Act concerning the establishment of exceptions by the 

SUPREME JUDICIAL COURT. 

Be it enacted, etc., as follows: 

Section 1. Section thirteen of chapter one hundred 
and fifty-three of the Public Statutes shall apply to any 
case in which a justice of the supreme judicial or superior 
court from physical or mental disability or death has failed 
to sign and return exceptions as therein provided. 

Section 2. In any case in which exceptions have been 
taken, but the justice has failed to sign or return the same 
by reason of physical or mental disability or death, the 
party taking the exceptions ma}"^ ''^PP^J to the supreme judi- 
cial court at the law term holden for the county in which 
the case is pending, next after knowledge of such disability 
or death shall have come to the excepting party, for leave 
to establish said exceptions ; and said court may entertain 
such application, and hear the exceptions when established 
as in cases already provided for by existing statutes and 
by the rules of the supreme judicial court. 
Court may SECTION 3. The supreuic judicial court may adapt its 



Eetabliehrnent 
of exceptions by 
8. J. C. 



Exceptions may 
be established 
if judire from 
dii^ability fails 
to sign and re- 
turn the same. 



1882. — Chapter 240. 



ISt 



rules for establishing^ exceptions to cases ansinsr under adapt us rules. 

,• r J.1 • ^ etc. 

section one or this act. 

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

Approved May 18, 1882. 



Treasurer may 
sell or exchange 
shares in capital 
stock with the 
approval of the 
governor and 
council. 



An Act to provide for the sale or exchange of the shares Chap, 240 

OF THE COMMONWEALTH IN THE STOCK OF THE NEW YORK AND 
NEW ENGLAND RAILROAD COMPANY. 

Be it enacted, etc., as follows : 

Section 1. The treasurer of the Commonwealth may 
at any time, subject to the approval of the governor and 
council, sell the whole of the shares in the capital stock of 
the New York and New England Railroad Company held 
by the Commonwealth, or may, subject to such approval, 
sell from time to time any portion of said shares ; or he 
may, subject to such approval, at any time assign and 
transfer said shares to the New York and New England 
Railroad Company in exchange for bonds secured by mort- 
gage, such as are hereinafter described ; and upon such 
assignment and transfer to said corporation the shares so 
assigned and transferred shall be held by it and may be 
disposed of as its absolute property free from any lien or 
trust. 

Section 2. The treasurer of the Commonwealth shall 
forthwith, upon the passage of this act, and before selling 
or offering to sell said shares to any other party, offer to 
the New York and New England Railroad Company to 
a.ssign and transfer the same to said corporation in ex- 
change for bonds such as are hereinafter authorized, at 
the rate of fifty dollars in bonds, at their face value, for 
each share of stock; and if said corporation shall, by a 
majority of votes cast at a meeting of the stockholders 
duly called for the purpose, decide to purchase said shares 
on said terms, and shall authorize the issue of bonds and 
the making of a mortgage to secure the same as herein- 
after provided, and if bonds to the required amount, duly 
secured by a valid mortgage, shall be made and tendered 
to the treasurer of the Commonwealth at any lime within 
three months after the making of such offer, then said 
shares shall thereu[)on be assigned and transferred to said 
corporation, and shall thereafter be held by said corpora- 
tion, and may be disposed of by it as its absolute property, 
free from any lien or trust. At such meeting the stock 
now owned by the Commonwealth shall not be voted 
upon. 



To oft'er to 
transfer stock to 
the company in 
exchange for 
bonds, before 
selling. 



188 



1882. — Chapter 240. 



Company may 
)B6ue bonds, and 
secure the same 
by mortgage. 



Bonds In the 
whole not to ex- 
ceed $.5,000,000. 



Proceeds of 
sale, etc., to be 
nald into tlu- 
Boston, Hart- 
ford and Krii' 
Kallroad loan 
sinking fund. 



Section 3. For the purpose of making the exchange as 
above provided, the New York and New England Railroad 
Company may issue coupon or registered bonds for one 
thousand dollars each, in pieces of one thousand dollars, or 
of such multiples thereof as the treasurer of the Common- 
wealtli may lequest, payable twenty years from the date 
thereof, with interest semi-annually at the rate of six per 
centum per annum, to an amount sufficient to pay for said 
shares, and shall secure the said bonds by a mortgage of 
its road, franchise, equipment and other property which 
shall be approved by the governor and council, and made 
to three trustees, who shall be so approved, and of whom 
two at least shall at all times be residents of the Common- 
wealth. Such mortgage shall be made expressly subject 
to the incumbrance of any legally authorized mortgage 
already existing ; and there shall be issued to the said 
trustees bonds of an amount equal to the amount of the 
outstanding unsecured debts of said corporation to be 
reserved in the keeping of said trustees for the security of 
the holders of such debts until their discharge, or to be 
turned over to such holders in discharge thereof; and if 
suitable provisions to secure such reservation and disposi- 
tion of such bonds shall be embraced in such mortgage, it 
shall be deemed a sufficient compliance with section sixty- 
four of chapter one hundred and twelve of the Public 
Statutes. Such mortgage shall also contain suitable pro- 
visions to secure the application of the proceeds of said 
bonds for the purposes set forth in this act, and for no 
other purposes. If an assignment and transfer shall be 
made to said corporation under the provisions of the pre- 
ceding section, settlement for the shares so assigned and 
transferred shall be made as of the first day of August in 
the year eighteen hundred and eighty-two, and the bonds 
issued therefor shall bear that date. 

Section 4. After the sale or assignment of said shares 
as herein before provided, said corporation may from time 
to time, for the purpose of procuring equipment, increas- 
ing its terminal facilities, laving a second track and pro- 
viding for its outstanding unsecured liabilities, issue like 
bonds, secured by such mortgage, to an amount which, 
together with those issued by authority of the preceding 
section, shall not exceed five million dollars. 

Section 5. Upon the sale or exchange of such shares 
the procee<ls arising therefrom shall be paid into the Bos- 
ton, Hartford and Erie Railroad loan sinking fund, estab- 
lished under the provisions of section ft)ur of chapter four 



1882. — Chapters 241, 242. 



189 



hundred and fifty of the acts of the year eighteen hundred 
and sixty-nine ; and when said fund, with its accumula- 
tions, amounts to a sum sufficient to pay the bonds issued 
under the provisions of said chapter and of chapter two 
hundred and eighty-four of the acts of the year eighteen 
hundred and sixty-seven, the surplus and income thereof 
shall from time to time thereafter be paid into the Troy 
and Greenfield Railroad loan sinking fund, established 
under the provisions of chapter two hundred and twenty- 
six of the acts of the year eighteen hundred and fifty-four 
and of chapter one hundred and seventeen of the acts of 
the year eighteen hundred and fifty-nine. 

Section 6. This act shall take effect upon its passage. 

Approved May 19, 1882. 

An Act in relation to transfers and sentences of prisoners. Chap. 241 
Be it enacted, etc., as follows: 

Section 1. Whoever is convicted of an offence pun- 
ishable by imprisonment in a house of correction may be 
sentenced to suffer such imprisonment in a jail, instead of 
a house of correction. 

Section 2. Any prisoner confined in a jail upon a sen- 
tence of imprisonment may be removed to a house of cor- 
rection, and any prisoner confined in a house of correction 
upon a sentence of imprisonment may be removed to a jail, 
in the manner now provided by law for the removal of 
prisoners from one house of correction to another, and a 
prisoner so removed shall serve in the jail or house of 
correction to which he shall be removed, the remainder of 
his term of sentence. 

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

Approved May 19, 1882. 

An Act to fix the hours of closing premises occupied by Chap. 242 

COMMON victuallers. 

Be it enacted, etc., as follows : 

Section 1. Every common victualler holding a license Tokeppprem- 
under the provisions of chapter one hundred of the Public Iween'hourstf 
Statutes, shall keep the premises described in such license twelve at night 
closed between the hours oi twelve at night and five in morning, 
the morning. 

Section 2. Whoever violates the provisions of this Penalty, 
act shall be liable to the penalties provided in section 
eighteen of chapter one hundred of the Public Statutes. 

Ajpproved May 19, 1882. 



Convict punish- 
able in house of 
correction may 
be sentenced to 
jail. 



Prisoners in 
jail and house 
of correction 
may be removed 
from each to the 
other. 



190 



1882. — Chapter 243. 



Chap. 243 An Act concerning the redemption of estates sold for 

TAXES AND OTHER ASSESSMENTS. 



Holder of title, 
if a resident, to 
file with treas- 
urer, etc., a 
statement show- 
ing his residence 
and place of 
business. 



Non-resident 
holders to have 
a resident agent 
or attorney 
authorized to 
execute a 
release. 



Service of pro- 
cess upon agent 
deemed to be 
sufficient ser- 
vice upon 
holder. 



Liability of 
city, town, etc. 



Be it enacted, etc., as follows: 

Section 1. Every person acquiring or holding title to 
real estate under a sale for the non-payment of any tax 
or other assessment, who is a resident of the city or town 
wherein such real estate is situated, shall file with the 
treasurer of the city or town, and with the register of 
deeds of the county wherein such real estate is situated, a 
brief statement showing his place of residence and of busi- 
ness, specifying in each case, if practicable, the street and 
the number in the street. Every person acquiring or hold- 
ing title to real estate as above who is not a resident of 
the city or town wherein such real estate is situated, or 
who removes from such city or town, shall appoint and 
have some suitable agent or attorney residing therein or 
in the city or town wherein the deed of such real estate is 
recorded, duly authorized to release such real estate in 
accordance with the provisions of law providing for such 
cases, and shall file with the treasurer of such city or town 
and with such register of deeds such original and addi- 
tional statements containing the name of any such agent 
or attorney and his place of residence and of business, as is 
herein required in the case of resident purchasers or hold- 
ers; and whenever such person changes his place of resi- 
dence or business, or his attorney, a new certificate as 
above shall be filed. 

Section 2. Any lawful tender of payment to and ser- 
vice of process upon such agent or attorney shall be deemed 
sufficient tender to or service upon the purchaser or holder 
of such real estate ; and if upon reasonable search such 
purchaser, holder, agent or attorney cannot be found at 
the place described as herein before provided, or being 
found neglects or refuses to release such estate upon the 
terms and in the manner provided by law, or if such holder 
or purchaser neglects to file a certificate as required by 
the preceding section, such real estate may be redeemed 
in the manner provided in sections fifty and fifty-one of 
chapter twelve of the Public Statutes. 

Section 3. Mo city or town and no collector or treas- 
urer of a city or town shall, under tlie provisions of sec- 
tion thirty-nine of chapter twelve of the Public Statutes, 
pay or be liable for the amount due upon any deed therein 
referred to or for any part thereof unless the offer of the 
holder of such deed contains a specific statement of the 



1882. — Chapter 244. 



191 



Relief societies 
may be formed 
by employes of 
railroad and 
steamboat cor- 
porations. 



reason why such holder has no claim on the estate sold, 
with the evidence on which he relies ; and if such evi- 
dence is based upon any public record or upon facts shown 
in any such record, the statement above required shall con- 
tain a specific reference to the particular instrument relied 
upon. All existing deeds may under the provisions of this 
section be offered for surrender and discharge, assignment 
or transfer, for one year from the passage of this act but 
not afterwards. Approved May 19, 1882. 

Ax Act to authorize the formation of relief societies by Chap. 244 

THE EMPLOYES OF RAILROAD AND STEAMBOAT CORPORATIONS. 

Be it enacted, etc^ as follows : 

Section 1. Seven or more persons within this Com- 
monwealth, employes of any railroad or steamboat corpo- 
ration existing under the laws of this Commonwealth, who 
associate themselves together by such an agreement in 
writing as is described in section three of chapter one hun- 
dred and fifteen of the Public Statutes, with the intention 
of forming a corporation for the purpose of receiving, 
managing and applying such property and funds as it may 
receive by contribution, assessment or otherwise, for the 
improvement and benefit of its members and for tlie relief 
of its members and their families in case of sickness, injury, 
inability to labor or other cases of need, and upon comply- 
ing with the provisions of section four of said chapter 
shall be and remain a corporation with all the rights, 
powers, privileges and immunities, and subject to all the 
duties, liabilities and restrictions of corporations organized 
under said chapter. 

Section 2. The by-laws of any such corporation shall 
be approved by the board of railroad commissioners and 
shall prescribe the manner in which and the officers and 
agents by whom the purpose of its incorporation may be 
carried out, and also the manner in which its property 
may be invested. Such corporation shall make to the 
board of railroad commissioners annually and as often as 
required by said board such statements of its membership 
and financial transactions with other information relating 
thereto as the said board may deem necessary to a proper 
exhibit of its business and standing. 

Section 3. The board of railroad commissioners may 
verify such statement by an examination of the books and 
papers of the corporation ; and whoever having charge or 
custody of such books and papers neglects to comply with 
the provisions of this section and the preceding section 



By-laws to be 
approved by 
the railroad 
commissioners. 



Books and 
papers may be 
examined by the 
commissioners. 



192 1882. — Chapter 245. 

shall be punished by a fine not exceeding five hundred 
dollars. 

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

Approved May 19, 1882. 
Chap. 245 An Act relating to the salaries of certain justices and 

COURT officers. 

Be it enacted^ etc., as follows: 

Salaries of cer- SECTION 1. Scctiou sixtv-foui of chaptcT onc hundred 
couri^officers'!"'^ and fifty-fouT of the Public Statutes is amended so that the 
salaries of the justices, clerks, assistant clerk and consta- 
bles hereinafter named shall be respectively as follows : 
Of the police court of Fitchburg, the salary of the justice 
shall be twelve hundred dollars a year, and of the clerk 
seven hundred dollars a year ; of the police court of Haver- 
hill, the salary of the justice shall be eighteen hundred 
dollars a year, and of the clerk eight hundred dollars a 
year; of the police court of Newburyport, the salary of 
the justice shall be twelve hundred dollars a year, and of 
the clerk seven hundred dollars a year ; of the police court 
of Somerville, the salary of the justice shall be fourteen 
hundred dollars a year, and the salary of the clerk shall be 
eight hundred dollars a year ; of the district court of Cen- 
tral Berkshire, the salary of the clerk shall be eight hun- 
dred dollars a year ; of the first district court of Essex, the 
salary of the justice shall be eighteen hundred dollars a 
year, and of the clerk thirteen hundred dollars a year ; of 
the first district court of Eastern Middlesex, the salary of 
the justice shall be fifteen hundred dollars a year; of the 
central district court of Worcester, the salary of the assist- 
ant clerk shall be one thousand dollars a year ; of the sec- 
ond district court of Eastern Worcester, the salary of the 
justice shall be one thousand dollars a year, and of the 
clerk five hundred dollars a year ; of the third district 
court of Southern Worcester, the salary of the justice 
shall be sixteen hundred dollars a year; of the municipal 
court of the city of Boston, the salary of the clerk of the 
court for civil business shall be three thousand dollars a 
year, the salaries of the two constables in the civil sessions 
shall be eleven hundred dollars each a year, and of the six 
constables in the criminal sessions thirteen hundred dollars 
each a year ; of the municipal court of the East Boston 
district, the salary of the justice shall be fifteen huudred 
dollars, and that of the clerk shall be eleven hundred dol- 
lars a year, and of the constable eleven hundred dollars a 



1882. — Chapters 246, 247. 



193 



Salaries of offi- 
cers in attend- 
ance upon supe- 
rior court in 
Suflblk. 



year; of the municipal court of the South Boston district, 
the salary of the justice shall be two thousand dollars a 
year, of the clerk fourteen hundred dollars a year, and the 
salaries of the constables shall be eleven hundred dollars 
each a year ; of the municipal court of the Roxbury dis- 
trict, the salaries of the constables shall be eleven hundred 
dollars each a year. 

Section 2. Section fifteen of chapter seventeen of the salaries of first 
Public Statutes is amended so that the salaries of the first asBistan't'di.strici 
and second assistant district-attorneys for the Suffolk dis- luXmy* ^"' 
trict shall be twenty-five hundred dollars each a year. 

Section 3. Section sixty-nine of chapter one hundred 
and fifty-nine of the Public Statutes is amended so that 
the officers in attendance upon the sessions of the superior 
court for civil and criminal business in the county of Suf- 
folk shall each receive an annual salary of fifteen hundred 
dollars in full for all services performed by them. 

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

Approved May 19, 1882. 

An Act in relation to law library associations. Chap- 246 

Be it enacted, etc., as foUoius: 

Section 1. Section six of chapter forty of the Public Annual pay- 
Statutes, providing for annual payments to the law library "ealur/rs'^to"^^ 
associations of the several counties, is amended by striking aTsociaUons. 
out in the fourth line thereof the words " fifteen hundred 
dollars," and inserting in place thereof the words " two 
thousand dollars." This act shall apply to all sums paid 
into the county treasuries by the clerks of the courts on 
and after the first day of January in the year eighteen 
hundred and eighty-two. 

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

Approved May 19, 1882. 

An Act relating to the correction of names upon tax Chap. 247 

BILLS, AND TO THE REGISTRATION OP VOTERS IN CITIES. 

Be it enacted, etc., as folloios: 

Section 1. In the several cities of this Commonwealth, 
except the city of Boston, all errors in names upon tax 
bills of persons assessed shall be corrected by the board of 
assessors or the board acting as registrars of voters on said 
tax bills, and also on forms of certificates specially pre- 
pared for the purpose ; and every tax bill so changed, to- 
gether with the certificate, shall be stamped with an official 
stamp of the board making such change before the person 

25 



Correction of 
errors in names 
upon tax bills. 



194 



1882. — Chapter 248. 



Not to apply to 
tlie city of 
Boston. 



whose tax bill is so changed shall be allowed to register as 
a voter. All certificates of names so changed shall be 
sent to the collector of taxes, who shall, as soon as may be 
after the first day of January in each year, make corre- 
sponding changes or corrections on the list of assessed 
polls committed to him by the board of assessors. The 
collector shall also transmit said certificates to the board 
of assessors, who shall, before the first day of March in 
each year, make corresponding changes or corrections on 
the proper books in their department : provided, however^ 
that nothing herein shall be construed as repealing or in 
any way modifying the laws relative to the correction of 
assessed names and registration in the city of Boston. 
Section 2. This act shall take effect upon its passage. 

Approved May 23, 1882. 



Corporators. 



Chap. 248 An Act to incorporate the longfellow memorial associa- 
tion. 

Be it enacted, etc., as follows: 

Section" 1. James Russell Lowell, Oliver Wendell 
Holmes, John G. Whittier, Charles W. Eliot, William D. 
Howells, Charles E. Norton, Charles Deane, John C. Dodge, 
(^/harles F. Choate, Charles Theodore Russell, Morrill 
Wyman, Thomas W. Higginson, James A. Fox, Arthur 
Oilman, Asa Gray, Alexander Mackenzie, James B. 
Thayer, Israel M. Spelman, Chauncy Smith, Henry Van 
Brunt, Francis J. Child, John Bartlett, their associates 
and successors, are incorporated by the name of the Long- 
fellow Memorial Association, for the purpose of providing 
suitable memorials to the late Henry W. Longfellow and 
of arranging for their care and preservation, with the 
powers and privileges and subject to the duties set forth 
in all general laws which now are or hereafter may be in 
force relating to like corporations. 

Section 2. The said corporation may take and hold 
by gift, grant or devise such real estate and personal 
property as may be necessary or convenient to promote 
the objects of the corporation. 

Section 3. The property to be held by said corpora- 
tion shall be exempt from taxation in the same manner 
and to the same extent as the property of literary, benevo- 
lent, charitable and scientific institutions incorporated 
within this Commonwealth is now exempt by law. 

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

Approved May 23, ISS2. 



Name and pur- 
poHe. 



Powers and 
dutiut). 



May hold real 
ami pergonal 
CHtate. 



Property to be 
exempt from 
taxation. 



1882. — Chapters 249, 250, 251. 195 

An Act relative to the staying or superseding of execu- Chap. 249 

TIONS BY WRITS OF REVIEW. 

Be it enacted, etc., as folloios: 

Section 1. Section thirty-nine of chapter one hun- stayofexecu- 
dred and eighty-seven of the Public Statutes, relative to security, when 
the staying or superseding of executions by writs of re- nr/knowiedge 
view, is amended by inserting after the word "entered " of action before 

11 iTi f 1 pn • 1 "T"! judgment was 

m the eleventh line thereoi, the following words : " ihe entered, 
court or justice may also order a stay or supersedeas with- 
out security when the defendant has had no actual knowl- 
edge, before judgment was entered, of the pendency of 
the action against him." 

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

Approved May 23, 1882. 

An Act relating to the inspection and sale of certain Chap. 250 

OILS. 

Be it enacted, etc., as follows: 

Section seven of chapter fifty-nine of the Public Stat- Kerosene, etc., 
utes is amended so that the same shall read as follows : "etuiruniees 
"No person shall sell or keep for sale at retail, for illumi- in^^pected. 
nating purposes, any kerosene, refined petroleum, or any 
product of petroleum, unless the same has been inspected 
and approved by an inspector duly authorized by some 
city or town in this Commonwealth ; but the city council of inspection may 

•, 1 , ii_iTl,l be regulated by 

any city and any town may adopt such ordinances, by-laws cities and towns. 
and regulations in relation to the inspection thereof, with- 
in the corporate limits of such city or town, as they may 
deem reasonable, not inconsistent with the provisions of 
chapter one hundred and two of the Public Statutes. Any 
person violating the provisions of this section shall be 
subject to fine and imprisonment in the manner provided 
in the preceding section." Approved May 25, 1882. 

An Act relating to co-operative saving fund and loan Chap. 25 1 
associations. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and seventeen of the cooperative 
Public Statutes is amended as follows: — By striking out ^oa'n"Slocii^"'^ 
section eight and inserting in place thereof the follow- ^'o^s- 
ing words: "Shares may be withdrawn after one month's 
notice of such intention written in a book held and pro- 
vided by the corporation for the purpose. Upon such 
withdrawal, the shareholder's account shall be settled as 
follows: from the amount then standing to the credit of 



196 1882. — Chapter 252. 

the shares to be withdrawn there shall be deducted all 
fines, a proportionate part of any unadjusted loss, together 
Avith such proportion of the profits previously credited to 
the shares as the by-laws may provide, and such shareholder 
ProviBOB. shall be paid the balance : provided, that at no time shall 

more than one-half of the funds in the treasury be appli- 
cable to the demands of withdrawing members, without 
the consent of the directors. The directors may at their 
discretion, under rules made by them, retire the unpledged 
shares of any series, at any time after four years from the 
date of their issue, by enforcing the withdrawal of the 
same : provided, that the shareliolders whose shares are to 
be retired shall be determined b}^ lot, and that they shall 
be paid the full value of their shares, less all fines and a 
proportionate part of any unadjusted loss : " By adding to 
section nine the following words: "And that before paying 
matured shares all arrears and fines shall be deducted:" 
By striking out section sixteen and inserting in place 
thereof the following words: "If a borrowing member is 
in arrears for dues, interest, premium or fines for more than 
six months, the directors may, at their discretion, declare 
the shares forfeited after one month's notice, if the arrears 
continue unpaid. The account of such borrowing member 
shall then be debited with the arrears of interest and fines 
to date of forfeiture, and the shares shall be credited uj^on 
the loan at their withdrawing value. The balance of the 
account may and after six months shall be enforced against 
the security, and be recovered as secured debts are recov- 
ered at law." 
Interest may be SECTION 2. Auy corporatlon organized under said chap- 
inni'laa iTpi*e- ^^r ouc huudrcd and seventeen may provide in its by-laws 
miuniB. that the bid for loans at its stated monthly meetings shall, 

instead of a premium, be a rate of annual interest upon 
the sum desired payable in monthly instalments. Such 
bids shall include the whole interest to be paid, and may 
be at any rate not less than five per centum per annum. 
Section 3. This act shall take effect upon its passage. 

Approved May 25, 1SS2. 
Chap. 252 -A-N Act relating to the constudction, use and inspection 

OF BUILDINGS IN TUK CITY OF UOSTON. 

Be it enacted, etc., as follows : 

Huiidintt, etc.. SECTION 1. The City of Bostoii may by oidiuaucc rcgu- 

Mmy'i>e'n-|fu'- latc the building, management and inspection of elevators, 
laiediM i!o.ioM. iiojgtways uiul elevator shafts in said city. 



1882. — Chapter 252. 



197 



Section 2. The said city may by ordinance require 
the registration of all persons carrying on the business of 
plumbing in said city, and prescribe rules and regulations 
for the materials, construction, alteration and inspection 
of all pipes, tanks, faucets, valves and other fixtures by 
and through which water and sewage is used and carried, 
and provide that no such pipes, tanks, faucets, valves or 
other fixtures shall be placed in any building in said city 
except in accordance with plans which shall be approved 
by the inspector of buildings of said city. 

Section 3. No person shall erect, place, construct or 
cause to be erected, placed or constructed, or begin to 
erect, place or construct any window or other projection 
into or over any public highway, street, bridge or square 
in said city, except that the board of aldermen, after due 
notice and hearing before said board or a committee there- 
of, may permit the building of a window or other projec- 
tion as aforesaid in such manner as shall be approved by 
the inspector of buildings : provided., that such window or 
other projection shall not affect the vested right of any 
person. 

Section 4. In the erection of any building in said city 
within the building limits, so called, established by the 
city council, if the material of which the external wall is 
composed is other than brick or stone, the thickness and 
method of construction shall be such as the inspector of 
buildings shall determine. 

Section 5. The facts and returns relative to steam 
boilers required to be ascertained and made to the tax 
commissioner by section ninety-two of chapter eleven of 
the Public Statutes shall be ascertained and made in the 
city of Boston by the inspector of buildings and not by 
the assessors. 

Section 6. The said city may impose penalties not 
exceeding fifty dollars for each offence for any violation of 
the provisions contained in sections one and two of this 
act. 

Section 7. Any person who shall violate the provisions 
of section three of this act shall upon the application of 
the inspector of buildings of said city be liable to the pro- 
cesses of law and equity set forth in section twenty-three 
of chapter three hundred and seventy-one of the acts of 
the year eighteen hundred and seventy-two. 

Section 8. Chapter one hundred and seventeen of the 
acts of the year eigteen hundred and eighty-one is repealed. 

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

Approved May 25, 1882. 



Registration of 
plumbers. 



Windows, etc., 
not to be built 
into or over 
streets, except 
by permission 
of board of 
aldermen. 



Thickness of 
external walls 
other than of 
brick or stone. 



Returns relative 
to steam boilers 
to be made by 
inspector of 
buildings. 



Penalties. 



Liability for 
violation of pro- 
visions of sec- 
tion three. 



Repeal. 



198 



1882. — Chafter 253. 



Chaj). 25 '3 Ax Act to divide the commonwealth into districts for the 

CHOICE OF REPRESENTATIVES IN THE CONGRESS UF THE UNITED 
STATES. 



Twelve districts 
for rlioice of 
represi'ntatives 
in cougresB. 



District No. 
One. 



District No. 
Two. 



District No. 
Three. 



District No. 
Four. 



District No. 
Five. 



Be it enacted.) etc., as follows: 

Section 1. For the purpose of electing representatives ' 
in the forty-eighth congress of the United States, and in 
each subsequent congress until otherwise provided by law, 
the Commonwealth shall be divided into twelve districts, 
each of which shall elect one representative. 

Section 2. The said twelve districts shall be as fol- 
lows, to wit: — Number One. The several towns in the 
counties of Barnstable, Dukes and Nantucket, and the 
towns of Acushnet, Dartmouth, Dighton, Fairhaven, Free- 
town, Rehoboth, Seekonk, Somerset, Swanzey and West- 
port, and the cities of Fall River and New Bedford, in the 
county of Bristol, and the towns of Lakeville, Marion, 
Mattapoisett, Middleborough, Rochester and Wareham, in 
the county of Plymouth, shall form one district, to be 
called district number one. Number Two. The towns of 
Attleborough, Berkley, Easton, Mansfield, Norton and 
Raynham, and the city of Taunton, in the county of Bris- 
tol, the towns of Braintree, Canton, Cohasset, Holbrook, 
Quincy, Randolph, Sharon, Stoughton and Weymouth, in 
the county of Norfolk, and the city of Brockton, and the 
towns of Abington, Bridgewater, Carver, Duxbury, East 
Bridgewater, Halifax, Hanover, Hanson, Hingham, Hull, 
Kingston, Marshfield, Pembroke, Plymouth, Plympton, 
Rockland, Scituate, South Abington, South Scituate and 
West Bridgewater, in the county of Plymouth, shall form 
one district, to be called district number two. JVumhir 
Three. The wards numbered eleven, seventeen, eighteen, 
nineteen, twenty, twenty-one, twenty-two, twenty-three, 
twenty-four, and precincts three and four of ward lifteen, 
in the city of Boston, in the county of Suffolk, and the 
town of Milton, in the county of Norfolk, shall form one 
district, to be called district number three. Number Four. 
The wards numbered one, two, six, seven, twelve, thir- 
teen, fourteen and sixteen, and precincts two, three and 
four of ward eight, and precincts one and two of Avard 
fifteen, in the city of Boston, in the county of Suffolk, 
shall form one district, to be called district number four. 
Number Five. The wards nund)cred nine, ten and twenty- 
five, and })recinct one of ward eight, in the city of Boston, 
in the county of Suffolk, and the cities of Sonierville and 
Cambridge, and the towns vi' Waicrtown, Hclmont, Wal- 



1882. — Chapter 253. 199 

tham, Arlington, Lexington, Burlington and Woburn, in 
the county of Middlesex, shall form one district, to be 
called district number five. Number Six. The wards D^uictNo. 
numbered three, four and five, in the city of Boston, 
and the city of Chelsea, and the towns of Revere and 
Winthrop, in the county of Suffolk, the city of Maiden, 
and the towns of Everett, Med ford, Winchester, Stone- 
ham, Melrose, Wakefield and Reading, in the county of 
Middlesex, and the towns of Nahant, Saugus and Swamp- 
scott, and the city of Lynn, in the county of Essex, shall 
form one district, to be called district number six. Num- District No. 
her Seven. The cities of Gloucester, Haverhill, Newbury- 
port and Salem, and the towns of Amesbury, Beverly, 
Boxford, Bradford, Danvers, Essex, Georgetown, Grove- 
land, Hamilton, Ipswich, Lynnfield, Manchester, Marble- 
head, Merrimac, Middleton, Newbury, Peabody, Rockport, 
Rowley, Salisbury, Topsfield, Wenham and West New- 
bury, in the county of Essex, shall form one district, to 
be called district number seven. Number Eight. The Distinct No. 
city of Lawrence, and the towns of Methuen, North '^ '' 
Andover and Andover, in the county of Essex, the city of 
Lowell, and the towns of Acton, Ashby, Ayer, Bedford, 
Billerica, Boxborough, Carlisle, Chelmsford, Concord, 
Dracut, Dunstable, Groton, Littleton, North Reading, 
Pepperell, Shirley, Stow, Tewksbury, Townsend, Tyngs- 
borough, Westford and Wilmington, in the county of 
Middlesex, and the towns of Bolton, Harvard, Lancaster 
and Lunenburg, in the county of Worcester, shall form 
one district, to be called district number eight. Number District No. 
Nine. The towns of Blackstone, Mendon, Milford, West- ^"'•'• 
borough, Southborough, Northborough, Berlin and Clinton, 
in the county of Worcester, and the towns of Brookline, 
Dedham, Dover, Franklin, Medfield, Medway, Needham, 
Norwood, Welles] ey, Walpole, Norfolk, Foxborough, 
Wrentham, Bellingham and Hyde Park, in the county of 
Norfolk, and the towns of Ashland, PVamingham, Hollis- 
ton, Hopkinton, Natick, Sherborn, Wayland, Weston, 
Hudson, Marlborough, Sudbury, Maynard and Lincoln, 
and the city of Newton, in the county of Middlesex, shall 
form one district, to be called district number nine. Num- District No. 
her Ten. The towns of Auburn, Barre, Boylston, Brook- ^''''• 
field, Charlton, Douglas, Dudley, Grafton, Hardvvick, 
Holden, Leicester, Millbury, New Braintree, Northbridge, 
North Brookfield, Oakham, Oxford, Paxton, Princeton, 
Rutland, Shrewsbury, Southbridge, Spencer, Sterling, 
Sturbridge, Sutton, Upton, Uxbridge, Warren, Webster, 



200 



1882. — Chapters 254, 255. 



District No. 
Eleven. 



District No. 
Twelve. 



West Boylston, West Brookfield, and the city of Worces- 
ter, ill the county of Worcester, and the towns of Brim- 
field, Holland and Wales, in the county of Hampden, 
shall form one district, to be called district number ten. 
Numler Eleven All the towns in the county of Frank- 
lin, all the towns in the county of Hampshire, the city of 
Holyoke, in the county of Hampden, the towns of Ash- 
burnham, Athol, Dana, Gardner, Hubbardston, Leomin- 
ster, Petersham, Phillipston, Royalston, Templeton, West- 
minster, Winchendon, and the city of Fitchburg, in the 
county of Worcester, shall form one district, to be called 
district number eleven. Number Twelve. All the towns 
in the county of Berkshire, the towns of Agawam, Bland- 
ford, Chester, Chicopee, Granville, Hampden, Long- 
meadow, Ludlow, Monson, Montgomery, Palmer, Russell, 
Southwick, Tolland, Westfield, West Springfield, Wilbra- 
ham, and the city of Springfield, in the county of Hamp- 
den, shall form one "district, to be called district number 
twelve. 
Repeal. Section 3. All acts inconsistent herewith are repealed. 

This act shall take effect upon its passage. 

Approved May 25^ 1882. 

Chap. 254 An Act to confirm the proceedings of the town meeting 

OF THE TOWN OF HUPKINTON. 

Be it enacted, etc., as follows: 

Section 1. The proceedings of the town meeting of 
the town of Hopkinton, held on the twenty-fourth day of 
April in the year eighteen hundred and eighty-two, shall 
not be invalid by reason of failure to notif}- and hold said 
meeting in accordance with the by-laws of said town. 

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

Airproved May 25, 1882. 

Chop. 255 An Act authorizino towns and cities to provide for the 

PRESERVATION AND REPRODUCTION OF FORESTS. 

Be it enacted, etc., asfolloivs: 

Section 1. The voters of any town, at a meeting 
legally called for the purpose, and tlie cit}' council of any 
city, may, for the purpose of devoting a portion of the 
territory of such town or city to the preservation, repro- 
duction and culture of forest trees for the sake of the 
wood and timber tliereon, or for the preservation of the 
water supply of such town or city, take or purchase any 
hind within the liinils oi' such town ov city, may make 



Proceedings of 
town meeting 
contirmed. 



Preservation 
and ciillurc of 
forenl trees 
by cities iind 

lOWIIB. 



1882. — Chapter 255. 



201 



appropriations of money for such taking or purchase, may 
receive donations of money or land for the said purposes, 
and may make a public domain of the land so devoted, 
subject to the regulations hereinafter prescribed. The 
title of all lands so taken, purchased or received shall vest 
in the Commonwealth, and shall be held in perpetuity for 
the benefit of the town or city in which such land is 
situated. 

Section 2. A town or city taking land under this act 
shall, within sixty days after such taking, file and cause to 
be recorded in the registry of deeds for the county or dis- 
trict in which the land is situated a description thereof 
sufficiently accurate for identifying the same. In case 
such town or city and the owner of such land do not agree 
upon the damage occasioned by such taking, such damage 
shall be ascertained and determined in the manner pro- 
vided in case of the taking of land for a highway in such 
town or city, and such town or city shall thereupon pay 
such sums as may finally be determined to be due. 

Section 3. The state board of agriculture shall act as 
a board of forestr}^, without pay, except for necessary 
travelling expenses, and shall have the supervision and 
management of all such public domains, and shall make 
all necessary regulations for their care and use and for the 
increase and preservation of the timber, wood and under- 
growth theieon, and for the planting and cultivating of 
trees therein. The said board shall appoint one or more 
persons, to be called keepers, to have charge, subject to 
its direction, of each such public domain, enforce its regu- 
lations and perform such labor thereon as said board shall 
require ; and said keepers shall have the same power to 
protect such domain from injury and trespass, and to keep 
the peace therein as constables and police officers in towns. 

Section 4. Said board may lease any building that may 
be on any such public domain on such terms as it shall 
deem expedient. All sums which may be derived from 
rents and from the sale of the products of any such do- 
main shall be paid to said board and shall be applied by 
it, so far as necessary, to the management, care, cultivation 
and improvement of such domain ; and any surplus re- 
maining in any year shall be paid over to the city or town 
in which such domain is situated. Said board shall not, 
however, expend upon or on account of any such public 
domain in any year a greater amount than it receives as 
aforesaid. 

Section 5. A city or town in which any such public 

26 



Pescription of 
till' land taken 
to l)e recorded 
in the registry 
of deeds. 



Board of for- 
estry to serve 
without pay; 
to appoint 
keepers. 



May lease build- 
ings on land. 

Proceeds of 
sale of products 
to be paid to 
board. 



Buildings for 



202 



1882. — Chapter 256. 



instruction and 
recreation may 
be built. 



No land to be 
tiiken, etc., until 
appioijrialion 
is made. 



Bonds may be 
issued for ex- 
penses incurred. 



domain is situated may erect thereon any building for pub- 
lic instruction or recreation, provided that such use thereof 
is not in the judgment of said board inconsistent with the 
purposes expressed in section one. 

Section 6. No land shall be taken or purchased, no 
building shall be erected on any such domain, and no ex- 
penditures shall be authorized or made, or liability be in- 
curred under this act by any city or town until an appro- 
priation sufficient to cover the estimated expense thereof 
shall in a town have been made by a vote of two-thirds of 
the legal voters of such town present and voting in a legal 
town meeting called for the purpose, or in a city by a vote 
of two-thirds of each branch of the city council of such 
city ; such expenditures shall in no case exceed the appro- 
priations made therefor, and all contracts made for expen- 
ditures beyond the amount of such appropriations shall be 
void ; and all expenditures under this act shall be subject 
to the laws of this Commonwealth limiting municipal in- 
debtedness. 

Section 7. For the purpose of defraying the expenses 
incurred under the provisions of this act, any town or the 
city council of any city may issue from time to time, and 
to an amount not exceeding the sum actually expended 
for the taking or purchase of lands for such public domain, 
bonds or certificates of debt, to be denominated on the 
face thereof the "Public Domain Loan," and to bear in- 
terest at such rates and to be payable at such times as 
such town or city council may determine ; and for the re- 
demption of such loan such town or city council shall 
establish a sinking fund, sufficient, with the accumulating 
interest, to provide for the payment of such loan at ma- 
turity. All amounts received on account of such public 
domain shall be paid into such sinking fund until such 
fund shall amount to a sum sufficient, with its accumula- 
tions, to i)ay at maturity the bonds for the security of 
which the fund was established. 

Section 8. This act shall take effect upon its passage. 

^Approved May 25, 1SS2. 
Chap. 206 An Act for the prfskrvation of boston harbor and of the 

PUBLIC JIEALTII IN THE CITY OF BOSTON. 

Be it enacted, etc., asfolloios: 

s.wayi not to Section 1. No part of the contents of the main sewer 

maVn.ii'raH- uow OT hercaftcr to be construt-ted running souih-eastcrly 
eheHie'r HBy. fioui tlic dircctioH of Chai'lcs River in the city of Hoslon 



Sinking fund. 



1882. — Chapters 257, 258. 208 

shall be discharged at or near the shore of the Calf Pas- 
ture, so called, in Dorchester Bay, or at any place in Bos- 
ton Harbor or vicinity except at Moon Island. The 
supreme judicial court or any justice thereof upon the 
petition of not less than ten taxable inhabitants of the city 
of Boston may restrain by injunction or otherwise any 
violation of the provisions of this act. 

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

Approved May 26, 1882. 

An Act to fix the compensation of the assistant clerks, Chap. 251 

DOORKEEPERS, ASSISTANT DOORKEEPERS, POSTMASTER, MESSEN- 
GERS AND PAGES OF THE SENATE AND HOUSE OF REPRESEN- 
TATIVES. 

Be it enacted, etc., as follows: 

Section 1. The assistant clerks of the senate and salaries of 

1 n ,j'in • 11 c assistant clerks 

house ot representatives shall receive an annual salary oi of senate and 
twelve hundred dollars each from and after the first day ^'^"'*'''- 
of January in the year eighteen hundred and eighty-two. 

Section 2. The compensation of the messengers of compensation 
the senate and house of representatives shall be five °^^™''«'"'"s^''*' 
dollars for each day's service, excluding Sundays ; and the 
doorkeepers, assistant doorkeepei's and postmaster shall 
receive the same compensation as the messengers, and one 
hundred dollars each in addition for the regular annual 
session of the legislature. 

Section 8. The compensation of the pages of the compensation 
senate and house of representatives shall be three dollars " ^^'*^"*' 
for each day's service, excluding Sundays. 

Section 4. Section twenty-seven of chapter two of Doorkeepers, 
the Public Statutes, fixing the number of doorkeepers, etcrnoc'to*''x- 
assistant doorkeepers, messengers and pages of the senate l'n'ifumb''er."*'"'*' 
and house of representatives is hereby amended by strik- 
ing out the word "twenty-five," and inserting in the place 
thereof the word " thirty-two." 

Section 5. This act shall apply to the current annual 
session, and shall take effect upon its passage. 

Approved May 26, 1882. 

An Act relating to the fej:s for licenses of keepers of Chap. 258 

INTELLIGENCE OFFICES, DEALERS IN VARIOUS ARTICLES, AND 
KEEPERS OF BILLIARD, POOL, AND SIPPIO ROOMS AND BOWLING- 
ALLEYS. 

Be it enacted, etc., as follows : 

Section 1. Section one hundred and twenty-four of Fees for licenses 
chapter one hundred and two of the Public Statutes relat- 



in cities and 
towns. 



204 



1882. — Chapters 259, 260. 



Fees in the city 
of Boston. 



ing to licenses granted to keepers of intelligence offices, 
dealers in junk, old metals, and second-hand articles, pawn- 
brokers, and keepers of billiard saloons, pool or sippio tables 
or rooms, and bowling-alleys, is amended by striking out 
the last sentence of said section, beginning witli the words 
" The clerk," and substituting therefor the following words: 
" The board issuing such a license shall receive for the use 
of the city or town for each license such sum not less than 
two dollars, and in the city of Boston for a pawnbroker's 
license such sum not less than ten dollars, as the board 
shall deem reasonable." 

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

Approved May 26, 1882. 

Chap. 259 An Act relative to obstructing the view of premises li- 
censed FOR THE SALE OF INTOXICATING LIQUORS, AND THE 
STATEMENTS OF SURETIES ON BONDS. 

Be it enacted, etc., as follows: 

Section 1. Section twelve of chapter one hundred of 
the Public Statutes is amended by adding at the end there- 
of the following words : " or with a view of the interior of 
said premises; and the placing or maintaining of any of 
said obstructions shall of itself make the license void." 

Section 2. Section thirteen of said chapter is hereby 
amended by adding after the word "evidence," in the thir- 
teenth line, the following words : " No bond given under 
the provisions of said chapter shall be accepted or approved 
until each surety has made and subscribed a sworn state- 
ment that he is worth not less than two thousand dollars 
over and above all liabilities and indebtedness, and the 
statement so made shall designate suflicient property, real 
or personal, to cover the requirement of the bond, and shall 
be kept on file with the bond in connection with which said 
statement is made." 

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

Approved May 26, 1882. 

Chap. 260 An Act to prevent the counting of detached ** stickers," 

so called, as ballots. 

Be it enacted, etc., as follows: 

Whenever at any election in this Commonwt>altli the 
inspectors of election or other officers, appointed by law 
to receive, count and make return of votes, shall iind among 
tlie ballots cast at such election any separate strip or piece 
of paper luiving a surface of less than six stiuare inches, 



License void, 
if view of 
premises is 
obstrucled. 



Statements of 
sureties on 
bonds. 



" Stlclters," 80 
called, Mul to 
be counted as 
bullolH. 



1882. — Chapters 261,262. 



205 



Proceedings at 
town meeting 
continued. 



and bearing upon one side the printed name or names of 
a candidate or candidates for office, and bearing upon the 
other side any adhesive substance, or other indication that 
such strip or piece of paper was designed to be superim- 
posed upon a ballot as a " sticker," so called, such separate 
strip or piece of paper shall not be counted as a ballot; 
but all such strips or pieces of paper shall be placed in a 
separate sealed envelope and preserved in the manner by 
lavs^ provided for the preservation of ballots. 

A^^proved May 26, 1S82. 

An Act to confirm the proceedings of the annual town Chap. 261 

MEETING OF THE TOWN OF TYRINGHAM. 

Be it enacted, etc. , as follows : 

Section 1. The proceedings of the annual town meet- 
ing of the town of Tyringham, held on the first Monday 
in April in the year eighteen hundred and eighty-two, shall 
not be invalid for the reason that the check list was not 
used at said meeting in the election of moderator and town 
officers, and said election of town officers is ratified and 
confirmed. 

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

Approved May 26, 1882. 

An Act to provide accommodations for the various depart- 
ments OF THE commonwealth. 

Be it enacted, etc., as follows: 

Section 1. In order to provide accommodations for 
the various departments of the Commonwealth, the gov- 
ernor with the advice and consent of the council may pur- 
chase or take in fee simple, in behalf of the Commonwealth, 
the estate in the city of Boston bounded by Mount Vernon 
and Bowdoin Streets and Beacon Hill Place, known as the 
Way estate, or such other estate or estates as the governor 
and council may deem best. 

Section 2. If any estate is taken under the provisions 
of this act, the damages sustained by any persons in their 
property by reason of such taking shall be estimated by 
the governor with the advice and consent of the council, 
and a certificate of the taking, giving a description of the 
property sufficiently accurate for identification, and of the 
share of damages sustained by each person, shall within 
thirty days from such taking be posted on the premises so 
taken, and shall also be recorded in the registry of deeds 
for the county of Suffolk. At any time within one year 



Chap. 262 



Estate in Boston 
maj- be taken to 
provide accom- 
modations for 
the departments 
of the Common- 
wealth. 



Damages to he 
estimated by 
the governor 
and council. 



206 



1882. — Chapter 263. 



Party aggrieved 
may apply for a 
jury. 



Estate may be 
leased. 



from the time when the certificate is recorded as aforesaid 
any party aggrieved by the doings of the governor and 
council in the estimation of damages, may by petition to 
the superior court apply for a jury to determine the matter 
of his complaint, and the proceedings thereon shall be 
governed by the provisions of chapter forty-nine of the 
Public Statutes. The amount which shall be found due 
under such purchase or taking shall be paid from the 
treasury of the Commonwealth. 

Section 3. If the governor by the advice and consent 
of the council finds that the purchase or taking of any 
estate is inexpedient, he may by lease for a term not ex- 
ceeding five years secure such accommodations for the vari- 
ous departments of the Commonwealth as may be deemed 
necessary and proper. Approved May 26, 1882. 

Chap. 263 An Act relating to the adulteration of food and drugs. 
Be it enacted, etc., as follows: 

Section 1. No person shall, within this Commonwealth, 
manufacture for sale, offer for sale or sell any drug or arti- 
cle of food which is adulterated within the meaning of 
this act. 

Section 2. The term "drug" as used in this act shall 
include all medicines for internal or external use, antisep- 
tics, disinfectants and cosmetics. The term " food " as 
used herein shall include all articles used for food or drink 
by man. 

Section 3. An article shall be deemed to be adulter- 
ated within the meaning of this act, — 

(a.) In the case of drugs, — (1.) If, when sold under or 
by a name recognized in the United States pharmacopoeia, 
it differs from the standard of strength, qualit}' or purity 
laid down therein ; (2.) If, when sold under or by a name 
not recognized in the United States pharmacopoeia but 
which is found in some other pharmacopoeia, or other stand- 
ard work on materia mediea, it differs materially from the 
standard of strength, quality or purity laid down in such 
work; (3.) If its strength or purity falls below the pro- 
fessed standard under which it is sold : 

(6.) In the case of food, — (1.) If any substance or sub- 
stances have been mixed with it so as to reduce, or lower, 
or injuriously affect its quality or strength; (2.) If any 
inferior or chciiper substance or substances have been sub- 
stituted wholly or in part for it; (3.) If any valuable con- 
stituent has been wholly or in part abstracted from it; (4.) 
If it is an imitation of, or is sold under the name of, an- 



Adiiltenited 
food mid drugs 
not to be sold, 
etc. 



CoriBtruction 
of the terms 
"drug" and 
"food." 



What shall be 
deemed to be an 
adulteration. 



1882. — Chapter 263. 



207 



other article ; (5.) If it consists wholly or in part of a dis- 
eased, decomposed, putrid, or rotten animal or vegetable 
substance, whether manufactured or not ; or, in the case of 
milk, if it is the produce of a diseased animal ; (6.) If it is 
colored, coated, polished, or powdered, whereby damage is 
concealed, or if it is made to appear better or of greater 
value than it really is ; (7.) If it contains any added poison- 
ous ingredient, or any ingredient which may render it 
injurious to the health of a person consuming it. 

The state board of health, lunacy and charity may from 
time to time declare certain articles or preparations to be 
exempt from the provisions of this act ; and the provisions 
hereof shall not apply to mixtures or compounds recog- 
nized as ordinary articles of food, provided that the same 
are not injurious to health, and are distinctly labelled as 
mixtures or compounds. 

Section 4. The state board of health, lunacy and 
charity shall prepare and publish from time to time lists 
of the articles, mixtures or compounds declared to be 
exempt from the provisions of this act, in accordance with 
the preceding section. The said board shall also from 
time to time fix the limits of variability permissible in any 
article of food, or any drug, or compound, the standard of 
which is not established by any national pharmacopoeia. 

Section 5. The state board of health, lunacy and 
charity shall take cognizance of the interests of the public 
health relating to the sale of drugs and food and the adul- 
teration of the same, and shall make all necessary investi- 
gations and inquiries in reference thereto, and for these 
purposes may appoint inspectors, analysts and chemists, 
who shall be subject to its supervision and removal. 

Within thirty days after the passage of this act the said 
board shall adopt such measures as it may deem necessary 
to facilitate the enforcement hereof, and shall prepare rules 
and regulations with regard to the proper methods of col- 
lecting and examining drugs and articles of food. Said 
board may expend annually an amount not exceeding three 
thousand dollars for the purpose of carrying out the pro- 
visions of this act. 

Section 6. Every person offering or exposing for sale, 
or delivering to a purchaser, any drug or article of food 
included in the provisions of this act, shall furnish to any 
analyst or other officer or agent appointed hereunder, who 
shall apply to him for the purpose and shall tender him 
the value of the same, a sample sufficient for the purpose 
of the analysis of any such drug or article of food which is 
in his possession. 



State board of 
health, etc., may 
dechvre certain 
articles to be 
exempt. 



To publish lists 
of articU'S, etc., 
exempted. 



May appoint 
analysis, etc , 
to make investi- 
gations. 



To prepare 
rules, etc., for 
examining 
drugs, etc. 



Samples to be 
furnished to 
analyst upon 
tender of value. 



208 



1882. — Chaptebs 264,265. 



Penalties. 



When to take 

eftect. 



Chap. 264 



Term fees in 
civil actions. 



Court may 
deniiitiiite the 
sbirc town in 
which action 
may be tried. 



Section 7. Whoever hinders, obstructs, or in any way 
interferes with any inspector, analyst, or other officer 
appointed hereunder in the performance of his duty, and 
whoever violates any of the provisions of tliis act, shall be 
punished by a fine not exceeding fifty dolhars for the first 
offence and not exceeding one hundred dollars for each 
subsequent offence. 

Section 8. This act shall take effect at the expiration 
of ninety days after its passage. 

J Approved May 26, 1882. 

An Act relating to costs in civil actions. 
Be it enacted, etc., us follows : 

Section 1. Parties recovering costs in civil actions in 
the supreme judicial court or in the superior court, shall 
be allowed but three term fees in any action unless allowed 
by order of the court; but if the action or any question 
therein is carried to the full bench of the supreme judicial 
court, two additional term fees may be allowed. 

Section 2. When an action is brought in any county 
containing two or more shire towns, the court may at the 
term of entry designate the shire town in which the same 
shall be tried ; and it shall not then be put on the trial 
list, nor shall costs be allowed for terms held in any other 
town than the one so designated, unless the action is actu- 
ally tried in such other town by agreement between the 
parties to the suit. 

Section 3. This act shall take effect on the first day 
of July in the year eighteen hundred and eighty-two. 

Approved May 26, 1882. 

Chcq). 265 An Act relative to the establishment of railroad cor- 
porations. 

Be it enacted, etc., as follows : 

Section 1. When articles of association have been 
entered into under section thirty-four of chapter one hun- 
dred and twelve of the Public Statutes, with the intention 
of forming a railroad corporation, and proceedings have 
been had under sections thirty-four, thirty-five, thirty-six, 
thirty-seven and thirty-eight of said cluqiter, the directors 
named in such articles of association shall, within thirty 
days after the first publication thereof in accordance with 
section thirty-seven of said chapter, aj)ply to the board of 
railroad commissioners for a certificate that public conven- 
ience and necessity require the construction of a railroad 



To take effect 
July 1, 3882. 



Proceedincs to 
be HUwpended 
iinlen8 coinniis- 
(•ionerH certify 
that neccHKity, 
etc., rcquircM 
the road to be 
built. 



1882. — Chapter 265. 



209 



as proposed in such articles of association. If a certificate 
is granted by said board, proceedings may be continued as 
now provided by law ; if a certificate is refused, no further 
proceedings shall be had, but the application may be re- 
newed after one year from the date of such refusal. 

Section 2. The articles of association for the purpose 
of forming a railroad corporation, and all proceedings 
thereunder, including the fixing of the route, shall be null 
and void unless the certificate of incorporation is issued 
within one year from the time the route is fixed, as pro- 
vided by law. 

Section 3. The provisions of this act shall not apply 
to any railroad corporation acting under the authority of 
a sjjecial act of the legislature, nor to any proceedings 
under chapter two hundred and fifty-two of the acts of 
the year eighteen hundred and eighty ; but the provisions 
hereof shall apply to any railroad corporation acting under 
section one hundred and thirty-nine of chapter one hun- 
dred and twelve of the Public Statutes. Nothing herein- 
before contained shall invalidate any proceedings already 
had under sections thirtj^-four to forty, inclusive, of chap- 
ter one hundred and twelve of the Public Statutes, or 
shall prevent persons already associated and acting under 
such sections from exercising the same rights and powers 
as if this act had not been passed ; but all articles of asso- 
ciation heretofore entered into under the provisions of sec- 
tions thirty-four to thirty-seven, inclusive, of said chapter 
one hundred and twelve, but under which no certificate of 
incorporation has yet been issued, in accordance with sec- 
tion forty-four of said chapter, shall be filed with the board 
of railroad commissioners within thirty days after the 
passage of this act. 

Section 4. No railroad operated by steam power, and 
no part of such a railroad, shall hereafter be located or 
constructed within three miles from the state house with- 
out the consent in writing of the board of railroad com- 
missioners and also of the mayor and aldermen of any 
city and of the selectmen of any town in which a location 
is sought being first obtained : provided, hoivever, that 
nothing herein shall affect any existing provisions of law 
regarding the location and construction of branch rail- 
roads. 

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

Approved May 26, 1882, 



Proceedings 
void, unless 
incorporated 
within one year 
from time route 
is fixed. 



Provisions to 
apply to corpo- 
rations acting 
under P. S. 
112, § 129. 



Steam railroads 
not to be located 
within three 
miles from 
state house 
without consent 
of commission, 
ers, etc. 



27 



210 



1882. — Chapter 266. 



Chaj). 266 An Act relating to fire escapes, and to the construction 

AND INSPECTION OF FACTORIES, PUBLIC BUILDINGS, AND TENE- 
MENT AND LODGING HOUSES. 



Fire escapes 
to be provided 
for factories, 
etc. 



Tenements and 
lodging hoUBCH. 



Penalties. 



Prosecution not 
to be in:iil<' until 
four \vcikn 
iil'ler iiDliic of 
chkiiges to bu 
niude. 



Be it enacted, etc. , as follows : 

Section 1. Section fifteen of chapter one hundred and 
four of the Public Statutes is amended so as to read as 
follows : " All factories and manufacturing establishments, 
three or more stories in height, in which forty or more 
persons are employed, unless supplied with a sufficient 
number of tower stairways, shall be provided with suf- 
ficient fire escapes properly constructed upon the outside 
thereof, and connected with the interior by doors or win- 
dows, with suitable landings at every story above the first, 
including the attic, if the same is occupied for workrooms. 
Such fire escapes shall be kept in good repair, and free 
from obstruction. Fire escapes existing on the first day 
of July in the year eighteen hundred and seventy-seven, 
need not be changed in consequence of the provisions of 
this section, unless such change is necessary for the pro- 
tection of life. Cities may by ordinance provide that the 
provisions of this section relating to fire escapes shall 
apply to all buildings three or more stories in height with- 
in their limits." 

Section 2. Section twenty of said chapter is amended 
by adding at the end thereof the following words : " Every 
building three or more stories in height, in whole or in 
part used, occupied, leased or rented, or designed to be 
used, occupied, leased or rented for a tenement to be occu- 
pied by more than four families, or a lodging house, shall 
be provided with a sufficient means of escape in case of 
fire, to be approved by the inspector of factories and pub- 
lic buildings." 

Section 3. Section twenty-two of said chapter is 
amended so as to read as follows : " Any person or corpo- 
ration being the owner, lessee or occupant of a maiiiit'ac- 
turing establishment, factory or workshop, or owning or 
controlling the use of any building or room mentionetl in 
section twenty, shall, for the violation of any provision of 
sections thirteen to twenty-one inclusive, be punished by a 
fine of not less than fifty nor more than five hundred dol- 
lars, and shall also be liable for all damages suffered by 
any employ(5 by reason of such violation ; l)ut no criminal 
prosecution shall be made for such violation until four 
Aveeks after notice in wi'iting by an inspector of factories 
and public buildings of any changes necessary to be made 



1882. — CHArTER 267. 



211 



to comply with the provisions of said sections has been 
sent by mail or delivered to such person or corporation, 
nor then, if in the mean time such changes have been 
made in accordance with such notification. Notice to one 
member of a firm, or to the clerk or treasurer of a corpora- 
tion owning, leasing, occupying or controlling, as afore- 
said, shall be deemed a sufficient notice under this section 
to all the members of such firm or to such corporation. 
Nothing in this section shall be so construed as to prohibit 
a person injured from bringing an action to recover dam- 
ages for his injuries," 

Section 4. Section twenty-three of said chapter is 
amended so as to read as follows : " The authority of said 
inspectors to enforce the provisions of sections thirteen to 
twenty-two inclusive shall not extend to the city of Bos- 
ton, or to any other city which, under its charter or any 
other special statute, has officers specially appointed for 
the enforcement of the same or similar provisions." 

Section 5. Section twenty-four of said chapter is 
amended so as to read as follows: "A district police offi- 
cer detailed to perform the duties required by sections 
thirteen to twenty-one inclusive who fails to perform such 
duties faithfully shall be immediately discharged from his 
office." 

Section 6. Section ten of chapter one hundred and 
three of the Public Statutes is hereby amended by striking 
out of the second line the words "thirteen to fifteen in- 
clusive, and nineteen to twenty-two inclusive," and insert- 
ing therefor the words " thirteen to twenty -two inclusive." 

Approved May 26, 1882. 

An Act in relation to the attendance of witnesses be- Chap.2Ql 

FOUE A board of POLICE COMMISSIONERS. 

Be it enacted, etc., as follows : 

Section 1. Section seven of chapter one hundred and 
sixty-nine of the Public Statutes is amended by inserting 
in the fourth line after the word "selectmen," the words 
"■ or a board of police commissioners ; " and by inserting in 
the tenth line of said section after the word •' selectmen," 
the words "or board of police commissioners." 

Section 2. Section eight of said chapter one hundred 
and sixty-nine is also amended by inserting after the word 
"selectmen," at the end of the tliird line the words "or 
chairman of the board of police commissioners." 

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

Ap2)roved May 26, 1882. 



Action for 

d;iiii!it;i'M not 
proliibiti'd. 



Not to extend to 
cities wliere 
oUicers are spe- 
cially appointed 
for enforcement, 
etc. 



District police 
otlicer, failing to 
perform duties, 
to be uis- 
cbarged. 



To enforce pro- 
visions of P. S. 
104, §§ V6~-Z->. 



Witnesses may 
be summoned 
befoi-e police 
commissioners. 



Failing to at- 
tend, warrant 
may be issued. 



212 



1882. — Chapters 268, 269. 



Chap. 268 An Act to provide fok thk courection of omissions in 

THE REGISTRATION OF VOTERS. 



Name on voting 
list the preced- 
ing year, if 
omitted by mis- 
talse the current 
year, may be 
placed on list 
by order of 
asseBsors. 



Certificate to be 
issued if appli- 
cation is made 
on the day of 
election. 



Be it enacted^ etc., as follows: 

If a qualified voter of any city or town whose name was 
on the voting list of such city or town for the preceding 
year, who has been assessed for a poll tax for the current 
year, and who has paid a state or county tax assessed 
upon him for the preceding or current year, finds after the 
close of registration that his name is not placed on the 
voting list of the current year by reason of the same being 
omitted by clerical error or mistake from the list of polls 
as assessed and transmitted by the board of assessors to 
the board charged with the preparation of the voting list, 
the board of assessors shall, upon the personal application 
of such voter, correct such omission or mistake, and give 
to him a certificate of such correction, to be presented by 
him in person to the board charged with the preparation 
of the voting list, who shall, on the receipt thereof, place 
the name of such voter on the voting list of the precinct, 
ward or town in Which he was entitled to be registered ; 
or if application is made on the day of election the said 
board last mentioned shall give to such voter a certificate, 
on presentation of which to the election officers of his 
precinct, ward or town he shall be allowed to vote therein ; 
and such certificate shall be returned and preserved in 
like manner as the ballots cast in such precinct, ward or 
town. Approved May 26, 1SS2. 

Chap. 269 An Act to provide for notice of the place of storage 

OF GUNPOWDER AND OTHER EXPLOSIVE COMPOUNDS. 

Be it enacted, etc., as follows: 

Section 1. Any person who shall hereafter store or 
keep for sale gunpowder or any other explosive compound 
above the quantity of one pound in any building in any 
city or town of this Commonwealth shall, immediately on 
the receipt of such gunpowder or other explosive com- 
pound, deliver to the chief engineer of the fire department 
of such city or town, except in Boston, and in Boston to 
the board of fire commissioners, a statement in writing of 
the amount of such gvinpowder or other explosive com- 
pound kept, or proposed to be kept, together with a de- 
scription of the building and part of the building in which 
the same is k('])t, or proposed to be ke[)t, siitliciently accu- 
rate for identification ; and no person shall liitore or keep 
fov sale gunpowder or any other explosive compound in 



Notice to be 
given to chief 
engineer of lire 
department, of 
place of storage 
of explosive 
compounds. 



Special provis- 
ion applicable 
to Boston. 



1882. — Chapter 270. 



213 



any other place : provided^ that in any town where there 
is no fire department such statement shall be delivered to 
one of the fire wards in such town. 

Section 2. Any person violating any of the provisions Penalty. 
of this act shall be punished by a fine not exceeding one 
hundred dollars. 

Section 8. This act shall take effect upon its passage. 

Approved May 26, 1882. 



An Act for the better protection of children. 
Be it enacted, etc., as follows : 

Section 1. Whoever, being the parent of a child less 
than two years old, abandons it within or without any 
building in this Commonwealth, or, having made a con- 
tract or provision for the board or maintenance of such 
child, absconds or fails to perform any such contract or 
provision, and for a period of four weeks after such ab- 
sconding or failure neither visits nor removes such child, 
nor during said period notifies the overseers of the poor of 
the city or town where such parent resides of his or her 
inability to support such child, shall be punished by im- 
prisonment, if a man, in the house of correction, and if a 
woman in the reformatory prison for women not exceeding 
two years, or, in case death shall result from such abandon- 
ment, not exceeding five years ; but this act shall not 
apply to cases in which the omission to visit, remove or 
support such child, or to give such notice, arises from 
physical or mental disability. 

Section 2. Every person who knowingly and with 
wrongful intent aids or abets the abandonment of any 
such child, as set forth in the preceding section, shall be 
punished by a fine not exceeding one hundred dollars or 
by imprisonment not exceeding two years in the house of 
correction. 

Section 3. Every person who receives for board a 
child under the age of one year, knowing or having reason 
to believe it to be illegitimate, shall forthwith notify the 
overseers of the poor of the city or town in which he 
resides of the fact of such reception, and, if requested by 
such overseers, shall alho so notify the state board of 
health, lunacy and charity. The parent or parents of 
such child shall, when called upon by said board, or such 
overseers, give to said board or such overseers satisfactory 
security for the maintenance of such child. The parents 
of such children shall, when called upon, give true answers 



Chap.210 



Penalty on par- 
ent for aban- 
donment of 
child less than 
two years old. 



Penalty for 
aiding or abet- 
ting. 



Person receiv- 
ing for board an 
Illegitimate 
child under age 
of one year to 
notify overseers 
of the poor. 



214 



1882. — Chapter 271. 



Penalty for not 
supporting 
minor child. 



to the said state board, or any of its officers, as to the resi- 
dence, parentage and place of settlement of such children, 
so far as their knowledge extends. Whoever violates any 
of the provisions of this section shall be punished by a fine 
not exceeding one hundred dollars or by imprisonment in 
the house of correction not exceeding one year. 

Section 4. Whoever unreasonably neglects to provide 
for the support of his minor child shall be punished by 
fine not exceeding twenty dollars, or by imprisonment in 
the house of correction not exceeding six months. 

Approved May 26, 1882. 

Chap. 211 -^N Act to apportion and assess a state tax of two 

MILLION dollars. 

Be it enacted, etc., as follows: 

Section 1. Each city and town in this Commonwealth 
shall be assessed and pay the several sums with which 
they stand respectively charged in the following schedule, 
that is to say : — 

BARNSTABLE COUNTY. 



State tax of 
$2,000,000. 



BarnBtable 
County. 



Barnstable . 
Brewster . 


Three thousand one hundred and 

twenty dollars .... 

Eight hundred and twenty dollars . 


$3,120 00 
820 00 


Chatham . 


One thousand dollars 


1,000 00 


Dennis 


Eighteen hundred and forty dollars, 


1,840 00 


Eastham . 


Two hundred and sixty dollars 


260 00 


Falmouth . 
Harwich . 


Twenty-seven hundred and forty dol- 
lars ...... 

Thirteen hundred dollars 


2,740 00 
1,300 00 


Mashpee . 


One hundred and twenty dollars 


120 00 


Orleans 


Six hundred dollars 


600 00 


Provincetown . 


Twenty-two hundred dollars . 


2,200 00 


Sandwich . 


Sixteen hundred and twenty dollars, 


1,620 00 


Truro 


Three hundred and sixty dollars 


360 00 


Wellfleet . 


Ten liundred and eighty dollars 


1,080 00 


Yarmouth . 


Sixteen hundred and eighty dollars, 


1,6S0 00 




$18,740 00 



1882. — Chapter 271. 

BERKSHIRE COUNTY. 



215 



Berkshire 
County. 



Adams 

Alford 

Becket 

Cheshire . 

Clarksburg 

Dalton 

Egremont . 

Florida 

Great Barrington, 

Hancock . 

Hinsdale . 

Lanesborough . 

Lee . 

Lenox 

Monterey . 

Mt. Washington, 

New Ashford 

New Marlborough 

North Adams 

Otis . 

Peru • 

Pittsfield . 

Richmond . 

Sandisfield 

Savoy 

Sheffield . 

Stockbridge 



Twenty-five hundred and twenty dol- 
lars 

Three hundred and twenty dollars . 

Five hundred and sixty dollars 

Twelve hundred and twenty dollars, 

Three hundred dollars 

Fourteen hundred and sixty dollars, 

Six hundred and eighty dollars 

Two hundred and forty dollars 

Thirty-eight hundred and twenty 

dollars ..... 
Five hundred dollars 

Nine hundred and sixty dollars 

Eight hundred and eighty dollars 

Twenty- two hundred and forty doL 

lavs 

Sixteen hundred dollars . 

Three hundred and twenty dollars 

One hundred dollars 

One hundred dollars 

Nine hundred and sixty dollars 

Forty-eight hundred and sixty del 

lars ..... 
Three hundred and twenty dollars 

One hundred and eighty dollars 

Ten thousand one hundred andtwen 

ty dollars .... 
Six hundred and sixty dollars . 

Five hundred dollars 

Two hundred and sixty dollars 

Thirteen hundred and forty dollars 

Thirty-one hundred and forty dol 
lars 



$2,520 00 
320 00 

560 00 
1,220 00 

800 00 
1,460 00 

680 00 

240 00 

3,820 00 
500 00 

960 00 

880 00 

2,240 00 
1,600 00 

320 00 

100 00 

100 00 

960 00 



4,860 00 
320 00 

180 00 



10,120 00 
660 00 

500 00 

260 00 

1,340 00 

3,140 00 



216 



1882. — Chapter 271, 



Berkshire 
County. 



Bristol County. 



BERKSHIRE C UN T Y— C o nc l u d e d. 


Tyringham 


Three hundred dollars 


$300 00 


Washington 


Two hundred and eighty dollars 


280 00 


W. Stockbridge . 


One thousand dollars 


1,000 00 


Williamstown . 


Two thousand and eighty dollars . 


2,080 00 


Windsor . 


Two hundred and sixty dollars 


260 00 




$44,080 00 



Acushnet . 
Attleborough 
Berkley 
Dartmouth 
Dighton 
Easton 
Fairhaven . 
Fall River . 
Freetown . 
Mansfield . 
New Bedford 
Norton 
Raynham . 
Rehoboth . 
Seekonk 
Somerset . 
Swanzey 
Taunton . 
Westport . 



BRISTOL COUNTY. 



Six hundred and eighty dollars 

Fifty-one hundred and eighty dol- 
lars 

Three hundred and sixty dollars 

Twenty-one hundred dollars . 

Nine hundred and forty dollars 

Thirty-three hundred and twenty 
dollars 

Seventeen hundred and eighty dol- 
lars 

Fifty-three thousand four hundred 
and twenty dollars 

Eight hundred and forty dollars 

Thirteen hundred and forty dollars 

Twenty-nine thousand one hundred 

and sixty dollars . 
Nine hundred and eighty dollars 

Fourteen hundred dollars 

Nine hvmdred and twenty dollars 

Seven hundred dollars 

Twelve hundred dollars . 

Seven hundred and eighty dollars 

Nineteen thousand one hundred and 

forty dollars 
Sixteen hundred and fi)rty dollars 



$680 00 

5,180 00 
300 00 

2,100 00 

940 00 

3,320 00 

1,780 00 

53,420 00 
840 00 

1,340 00 



29,160 00 
980 00 


1,400 00 


920 00 


700 00 


1,200 00 


780 00 


19,140 00 
1,640 00 



$125,880 00 



Amesbury 

Andover 

Beverly 

Boxford 

Bradford 

Danvera 

Essex 

Georgetown 

Gloucester 

Groveland 

Hamilton 

Haverhill 

Ipswich 

Lawrence 

Lynn . 

Lynnfield 

Manchester 

Marblehead 

Merrimac . 



1882. — Chapter 271. 
DUKES COUNTY. 



ESSEX COUNTY. 



Two thousand and forty dollars 

Forty-three hundred dollars . 

Nine thousand five hundred and 

twenty dollars ... 
Six hundred and eighty dollars 

Fifteen hundred and sixty dollars 

Forty-two hundred and eighty dol 

lars ..... 
Eleven hundred dollars . 

Twelve hundred dollars . 

Ten thousand dollars 

One thousand dollars 

Six hundred dollars 

Twelve thousand dollars . 

Twenty-four hundred and twenty 
dollars .... 

Twenty-five thousand two hundred 
and sixty dollars 

Twenty-nine thousand eight hundred 
and forty dollars . 

Nine hundred dollars 

Nineteen hundred and sixty dollars, 

Forty-seven hundred and forty dol- 
lars ...... 

Eleven hundred and twenty dollars . 



217 

Dukes County. 



Chilmark . 


Three hundred and forty dollars 


1340 00 


Edgartown 


Nineteen hundred and forty dollars, 


1,940 00 


Gay Head . 


Twenty dollars .... 


20 00 


Grosnold . i 


Two hundred dollars 


200 00 


Tisbury 


Eight hundred dollars 


800 00 




$3,300 00 



Essex County. 



$2,040 00 
4,300 00 



9,520 00 
680 00 

1,560 00 



4,280 00 
1,100 00 


1,200 00 


10,000 00 


1,000 00 


600 00 


12,000 00 


2,420 00 


25,260 00 


29,840 00 
900 00 



1,960 00 



4,740 00 
1,120 00 



28 



218 

Essex County, 



1882. — Chapter 271. 

ESSEX COUNTY — Concluded. 



Franklin 
County. 



Methiien . 
Middleton . 
Nahant 
Newbury . 
Newburyport 
North Andover . 
Peabody 
Kockport . 
Rowley 
Salem 
Salisbury . 
Saugus 
Swampscott 
Topsfield . 
Wenham . 
West Newbury . 



Twenty-six hundred and eighty dol 

lars ..... 
Five hundred and forty dollars 

Eighty-two hundred and eighty del 

lars . . . 
Eleven hundred and forty dollars 

Eighty-seven hundred and forty dol- 
lars ..... 

Twenty-four hundred and eighty 
dollars ..... 

Seventy-three hundred dollars . 

Twenty-four hundi'ed and forty dol 

lars ..... 
Six hundred and forty dollars . 

Twenty-nine thousand three hundred 

and eighty dollars 
Twenty-four hundred and sixty dol 

lars 

Two thousand and forty dollars 

Twenty-eight hundred and sixty dol- 
lars ..... 
Eight hundred and sixty dollars 

Six hundred and sixty dollars . 

Twelve hundred and forty dollars 



>,680 00 
540 00 



8,280 00 
1,140 00 



8,740 00 

2,480 00 
7,300 00 



2,440 00 
640 00 



29,380 00 

2,460 00 
2,040 00 



2,860 00 
860 00 

660 00 

1,240 00 



^188,260 00 



FRANKLIN COUNTY. 



Ashfield . 


Six hundred and twenty dollars 


1620 00 


Bernardston 


Four hundred and eighty dollars 


480 00 


Buckland . 


Seven hundred dollars 


700 00 


Charlemont 


Four hundred and twenty dollars . 


420 00 


Colrain 


Seven hundred and eighty dollars . 


780 00 


Conway 


Nine hundred and twenty dollars . 


920 00 


Deerfield . 


Nineteen hundred dollars 


1,900 00 


Erving 


Four lunulred dollars 


400 GO 



1882. — Chapter 271. 



219 



FRANKLIN C OUNT Y — C oncluded. 



GiU . 


Five hundred and forty dollars 


^540 00 


Greenfield . 
Hawley 


Thirty-five hundred and forty dol- 
lars ...... 

Two hundred dollars 


3,540 00 
200 00 


Heath 


Two hundred and twenty dollars 


220 00 


Leverett 


Three hundred and eighty dollars . 


380 00 


Leyden 


Two hundred and sixty dollars 


260 00 


Monroe 


Sixty dollars 


60 00 


Montague . 


Twenty-three hundred dollars 


2,300 00 


New Salem 


Three hundred and eighty dollars . 


380 00 


Northfield . 


Eight hundred and sixty dollars 


860 00 


Orange 
Rowe . 


Seventeen hundred and eighty dol- 
lars ...... 

Two hundred dollars 


1,780 00 
200 00 


Shelbume . 


One thousand and sixty dollars 


1,060 00 


Shutesbury 


Two hundred dollars 


200 00 


Sunderland 


Five hundred and forty dollars 


540 00 


Warwick . 


Three hundred and forty dollars 


340 00 


Wendell . 


Two hundred dollars 


200 00 


Whately . 


Eight hundred and eighty dollars . 


880 00 




120,160 00 



Franklin 
County. 



Agawam 

Blandford 

Brimfield 

Chester 

Chicopee 

Granville 



HAMPDEN COUNTY. 



Fourteen hundred and twenty dol- 
lars ...... 

Four hundred and sixty dollars 

Six hundred and sixty dollars . 

Six hundred and twenty dollars 

Six thousand four hundred and 
sixty dollars .... 

Four hundred and eighty dollars 



Hampden 
County. 



L,420 00 
460 00 

660 00 

620 00 



6,460 00 
480 00 



220 



Hampden 

County. 



Hampsbire 
County 



1882. — Chapter 271. 

HAMPDEN COUNTY — Concluded. 



Holland 

Holyoke 

Longmeadow 

Ludlow 

Monson 

Montgomery 

Palmer 

Russell 

Southwick 

Springfield 

Tolland 

Wales 

Westfield 

West Springfield, 

Wilbraham 



One hundred and forty dollars 

Eleven thousand five hundred and 

twenty dollars .... 

Fifteen hundred and twenty dollars. 

Six hundred and twenty dollars 

Sixteen hundred and twenty dollars, 

One hundred and sixty dollars 

Two thousand and eighty dollars 

Four hundred and sixty dollars 

Seven hundred dollars 

Forty-four thousand and sixty dol 

lars ..... 
Two hundred and sixty dollars 

Five hundred dollars 

Seven thousand nine hundred and 

forty dollars 
Three thousand three hundred and 

twenty dollars 
Eleven hundred dollars . 



HAMPSHIRE COUNTY. 



Amherst 

Belchertown 

Chesterfield 

Curamington 

Easthampton 

Enfield 

Goshen 

Gran by 

Greenwich . 



5140 00 



11,520 00 
1,520 00 


620 00 


1,620 00 


160 00 


2,080 00 


460 00 


700 00 


44,060 00 
260 00 



500 00 



7,910 00 

3,320 00 
1,100 00 



$86,100 00 



Twenty-eight hundred and twenty I 

dollars | ^2,820 00 

Twelve hundred dollars . . . ' 1,200 00 

Three hundred and sixty dollars . ! 360 00 

Four hundred and eighty dollars . I 480 00 

Twenty-eight hundred and twenty | 

dollars ; 2,820 00 

Eight hundred and forty dollars . , 840 00 

One hundred and forty dollars . : 140 00 

Five hundred and eighty dollars . 580 00 

Three hundred and forty dollars . 340 00 



1882. — Chapter '271. 

HAMPSHIRE COUNTY — Concluded. 



221 



Hampshire 
County. 



Hadley 

Hatfield . 

Huntington 

Middlefield 

Northampton 

Pelham 

Plainfield . 

Prescott 

South Hadley 

Southampton 

Ware 

Westhampton 

Williamsburg 

Worthington 



Acton 

Arlington 

Ashby 

Ashland 

Ayer . 

Bedford 

Belmont 

Billerica 

Boxborough 

Burlington 



Sixteen hundred and twenty dollars, 

Fourteen hundred and twenty dol- 
lars ..... 
Five hundred and eighty dollars 

Four hundred and twenty dollars 

Eighty- four hundred and sixty doL 

lars ..... 
Two hundred dollars 

Two hundred and sixty dollars 

Two hundred and twenty dollars 

Twenty-one hundred dollars . 

Five hundred and sixty dollars 

Twenty-one hundred and forty doL 

lars ..... 
Three hundred and twenty dollars 

Fifteen hundred and twenty dollars. 

Four hundred dollars 



MIDDLESEX COUNTY. 



Fourteen hundred and forty dollars. 

Sixty-six hundred and eighty dol- 
lars ...... 

Six hundred dollars 

Sixteen hundred and twenty dollars, 

Twelve hundred and twenty dollars. 

Eight hundred and twenty dollars . 

Forty-four hundred and eighty dol- 
lars ...... 

Nineteen hundred dollars 

Three hundred dollars 

Five hundred and eighty dollars 



$1,620 00 



1,420 00 
580 00 

420 00 



8,460 00 
200 00 




260 00 




220 00 




2,100 00 




560 00 




2,140 00 
320 00 




1,520 00 




400 00 




$29,800 00 






Middlesex 
County. 



$1,440 00 

6,680 00 
600 00 

1,620 00 

1,220 00 

820 00 

4,480 00 
1,900 00 

300 00 

580 00 



222 



Middlesex 

County. 



1882. —Chapter 271. 

MIDDLESEX COUNTY — Continued. 



Cambridge 

Carlisle 

Chelmsford 

Concord 

Dracut 

Dunstable . 

Everett 

Framingham 

Groton 

Holliston . 

Hopkinton . 

Hudson 

Lexington . 

Lincoln 

Littleton . 

Lowell 

Maiden 

Marlborough 

Maynard . 

Medford . 

Melrose 

Natick 

Newton 

North Reading . 

Pepperell . 

Reading 

Sherborn . 



Sixty-nine thousand five hundred 

and forty dollars 
Four hundred and twenty dollars . 

Sixteen hundred and sixty dollars . 

Thirty-three hundred and sixty dol- 
lars ...... 

Eleven hundred and twenty dollars, 

Three hundred and eighty dollars . 

Forty-six hundred and forty dollars, 

Fifty-two hundred and twenty dol- 
lars ...... 

Twenty-four hundred and forty dol- 
lars ...... 

Two thousand and eighty dollars 

Twenty-five hundred and sixty dol- 
lars ...... 

Nineteen hundred dollars 

Thirty-two hundred and sixty dol- 
lars ...... 

Nine hundred and forty dollars 

Eight hundred and forty dollars 

Forty-two thousand two hundred 

dollars . . . . . 

Ten thousand four hundred dollars, 

Thirty-seven hundred and sixty dol- 
lars 

Fourteen hundred and sixty dollars, 

Ten thousand two hundred and sixty 

dollars ..... 
Forty-seven hundred and sixty dol 

lars ..... 
Forty-one hundred and forty dol 

lars .... . 

Thirty-two thousand one hundred 

and sixty dollars . 
Five hundred dollars 

Sixteen hundred dollars . 

Twenty-six hundred dollars 

One thousand dollars 



59,540 00 
420 00 

1,660 00 



3,360 00 
1,120 00 

380 00 

4,640 00 

5,220 00 

2,440 00 
2,080 00 



2,560 00 
1,900 00 



3,260 00 
940 00 

840 00 



42,200 00 
10,400 00 



3,760 00 
1,460 00 



10,260 00 

4,760 00 

4,140 00 

32,160 00 
500 00 

1,600 00 

2,600 00 

1,000 00 



1882. — Chapter 271. 
MIDDLESEX COUNT Y — C onclu d ed. 



223 



Middlesex 
County. 



Shirley 


Ten hundred and sixty dollars 


$1,060 00 


Somerville . 
Stoneham . 
Stow . 


Thirty thousand eight hundred and 
eighty dollars .... 

Thirty-four hundred and forty dol- 
lars ...... 

Seven hundred and eighty dollars . 


30,880 00 

3,440 00 
780 00 


Sudbury . 


Eleven hundred and twenty dollars. 


1,120 00 


Tewksbury 


One thousand dollars 


1,000 00 


Townsend . 


Nine hundred and twenty dollars . 


920 00 


Tyngsborough . 


Three hundred and forty dollars 


340 00 


Wakefield . 


Five thousand and eighty dollars . 


5,080 00 


Waltham . 
Watertown 
Wayland . 


Ten thousand nine hundred and 
forty dollars .... 

Eighty-five hundred and sixty dol- 
lars ...... 

Twelve hundred and forty dollars . 


10,940 00 

8,560 00 
1,240 00 


Westford . 


Twelve hundred and forty dollars . 


1,240 00 


Weston 


Eighteen hundred and forty dollars, 


1,840 00 


Wilmington 


Six hundred dollars 


600 00 


Winchester 


Five thousand and twenty dollars . 


5,020 00 


Woburn 


Ninety-five hundred dollars 


9,500 00 




1318,400 00 



Nantucket . 



NANTUCKET COUNTY. 



Twenty-six hundred and sixty dol- 
lars 



Nantneket 
County. 



$2,660 00 





NORFOLK COUNTY. 




Rellingham 


Six hundred dollars 


f 600 00 


Braintree . 


Three thousand dollars . 


3,000 00 


Brookline . 


Thirty-one thousand six hundred 
and twenty dollars 


31,620 00 



Norfolk 
County. 



224 



Norfolk 
County. 



1882. — Chapter 271. 
NORFOLK COUNTY — Concluded. 



Plymouth 
County. 



Canton 

Coh asset 

Dedham 

Dover 

Foxborough 

Franklin 

Holbrook 

Hyde Park 

Medfield 

Medway 

Milton 

Needham 

Norfolk 

Norwood 

Quincy 

Randolph 

Sharon 

Stoughton 

Walpole 

Weymouth 

Wrentham . 



Abington . 
Bridgewater 
Brockton . 



Thirty-four hundred and eighty dol- 
lars ...... 

Twenty-five hundred and sixty dol- 
lars 

Sixty-six hundred and sixty dollars, 

Four hundred and eighty dollars 
Nineteen hundred and forty dollars, 
Sixteen hundred and sixty dollars . 

Seventeen hundred and twenty dol- 
lars ...... 

Sixty-nine hundred and eighty dol- 
lars ...... 

Eleven hundred and twenty dollars . 

Two thousand and forty dollars 

Eighty-five hundred and sixty dol- 
lars ...... 

Forty-eight hundred and eighty dol- 
lars ...... 

Six hundred and twenty dollars 

Eighteen hundred and eighty dol- 
lars ...... 

Seventy-eight hundred dollars 

Twenty-seven hundred and forty 
dollars ...... 

Ten hundred and sixty dollars 

Twenty-seven hundred and eighty 

dollars ..... 

Sixteen hundred and sixty dollars . 

Sixty-seven hundred and sixty dol- 
lars ...... 

Thirteen hundred dollars 



$3,480 00 

2,560 00 
6,660 00 

480 00 

1,940 00 

1,660 00 

1,720 00 

6,980 00 
1,120 00 

2,040 00 

8,560 00 

4,880 00 
620 00 



1,880 00 
7,800 00 



2,740 00 
1,060 00 



2,780 00 
1,660 00 



6,760 00 
1,300 00 



$103,900 00 



PLYMOUTH COUNTY. 



Eighteen hundred and eighty dol- ; 

hirs $1,880 00 

Twenty-eight hundred and sixty dol- i 

lars 2,860 00 

Sixty-two hundred and sixty dollars, 6,260 00 



1882. — Chapter 271. 

PLYMOUTH COUNTY— Co NCLU 



225 



Plymouth 
County. 



Carver 


Six hundred and sixty dollars . 


1^600 00 


Duxbury . 


Fifteen hundred dollars . 


1,500 00 


E. Bridgewater . 


Fifteen hundred and forty dollars . 


1,540 00 


Halifax 


Three hundred and forty dollars 


340 00 


Hanover 


Eleven hundred dollars . 


1,100 00 


Hanson 


Six hundred and sixty dollars . 


660 00 


Hingham . 


Thirty-nine hundred dollars . 


3,900 00 


Hull . 


Six hundred and forty dollars 


640 00 


Kingston . 


► Eighteen hundred and sixty dollars, 


1,860 00 


Lakeville . 


Six hundred. and forty dollars 


640 00 


Marion 


Five hundred and forty dollars 


540 00 


Marshfield . 


Eleven hundred dollars . 


1,100 00 


Mattapoisett 


Thirteen hundred and sixty dollars, 


1,360 00 


Middleborough . 


Twenty-eight hundred and eighty 
dollars 


2,880 00 


Pembroke . 


Eight hundred dollars 


800 00 


Plymouth . 
Plympton . 


Forty-nine hundred and sixty dol- 
lars 

Three hundred and sixty dollars 


4,960 00 
360 00 


Rochester . 


Five hundred and sixty dollars 


560 00 


Rockland . 


Twenty- three hundred dollars 


2,300 00 


Scituate 


Sixteen hundred and twenty dollars, 


1,620 00 


South Abington . 


Fifteen hundred and sixty dollars . 


1,560 00 


South Scituate . 


Twelve hundred and forty dollars . 


1,240 00 


Wareham . 


Thirteen hundred dollars 


1,300 00 


W. Bridgevpater . 


Ten hundred and forty dollars 


1,040 00 




$15,460 00 



29 



226 

Suffolk County. 



Worcester 

County. 



1882. — Chapter 271. 

SUFFOLK COUNTY. 



Boston 

Chelsea 
Revere 
Winthrop . 


Eight hundred and twenty -five thou- 
sand four hundred and eighty dol- 
lars 

Nineteen thousand six hundred and 
forty dollars .... 
wo thousand and eighty dollars 

Eleven hundred and twenty dollars . 


$825,480 00 

19,640 00 
2,080 00 

1,120 00 




$848,320 00 



WORCESTER COUNTY. 



Ashburnham . Twelve hundred and sixty dollars" . $1,260 00 

Athol . . Thirty-one hundred and forty dol- 
lars j 3,140 00 

Auburn . . Six hundred and sixty dollars . . ' 660 00 

Barre . . Twenty-one hundred and twenty 

dollars i 2,120 00 

Berlin . . Five hundred and sixty dollars . 560 00 

Blackstone . Twenty-three hundred and eighty 

dollars 2,380 00 

Bolton . . Six hundred and twenty dollars . 620 00 

Boylston . . Six hundred and forty dollars . . 640 00 

Brookfield . . Fifteen hundred and eighty dollars . 1,580 00 

Charlton . . Eleven hundred and twenty dollars, 1,120 00 

Clinton . . Forty-nine hundred and forty dol- 
lars i 4,940 00 

Dana . . . Three hundred and forty dollars . j 340 00 

Douglas . . Ten hundred and sixty dollars . 1,060 00 

Dudley . . Eleven hundred apd eighty dollars . 1,180 00 

Fitchburg . . Fourteen thousand one hundred and 

eighty dollars .... 14,180 00 

Gardner . . Twenty-three hundred and sixty 

dollars 2,360 00 

Grafton . . Twenty-one hundred and eighty dol- 
lars 2,180 00 

Hardwick . . Twelve hundred and twenty dollars, 1,220 00 

Harvard . . Twelve hundred and twenty dollars, 1,220 00 



1882. —Chapter 271. 



227 



WORCESTER C O U N T Y — Contikued. 



Worcester 
County. 



Holdeu 

Hubbardston 

Lancaster . 

Leicester . 

Leominster 

Lunenburg- 

Men don 

Milford . 

Millbury . 

New Braintree 

Northborough 

Northbridge 

North Brookfield 

Oakham 

Oxford 

Paxton 

Petersham 

Phillipston 

Princeton 

Royalston 

Rutland 

Shrewsbury 

Southborough 

Southbridge 

Spencer 

Sterling 

Sturbridge . 



Eleven hundred dollars . 

Nine hundred and eighty dollars 

Twenty- five hundred and forty dol- 
lars ..... 

Twenty-three hundred and eighty 
dollars ... 

Forty-three hundred dollars 

Eight hundred and sixty dollars 
Seven hundred and forty dollars 

Fifty-seven hundred and twenty dol- 
lars ..... 

Twenty-nine hundred and forty dol- 
lars ..... 

Five hundred and forty dollars 

Fourteen hundred and twenty dol- 
lars ..... 
Twenty-five hundred dollars . 

Two thousand and eighty dollars 

Four hundred dollars 

Seventeen hundred and twenty dol- 
lars ..... 
Three hundred and sixty dollars 

Seven hundred and eighty dollars 

Three hundred and sixty dollars 

Ten hundred and twenty dollars 

Eight hundred and forty dollars 

Five hundred and twenty dollars 

Twelve hundred and sixty dollars 

Fifteen hundred and forty dollars 

Thirty-five hundred dollars 

Three thousand and eighty dollars. 

Twelve hundred and eighty dollars . 

Twelve hundred and eighty dollars . 



n,100 00 
980 00 

2,540 00 

2,380 00 
4,300 00 

860 00 

740 00 

5,720 00 



2,940 00 
540 00 


1,420 00 
2,500 00 


2,080 00 


400 00 


1,720 00 
360 00 


780 00 


360 00 


1,020 00 


840 00 


520 00 


1,260 00 


1,540 00 


3,500 00 


3,080 00 


1,280 00 


1,280 00 



228 



Worcester 
County. 



Recapitulation 
by counties. 



1882. — Chapter 271. 
WORCESTER CO UNT Y — Conclu 



Sutton 


Sixteen hundred and forty dollars . 


ei,640 00 


Templeton . 


Fom-teen hundred and eighty dollars, 


1,480 00 


Upton 


Nine hundred and eighty dollars 


980 00 


Uxbridge . 


Two thousand and forty dollars 


2,040 00 


Warren 


Seventeen hundred and forty dollars, 


1,740 00 


Webster 


Twenty-eight hundi-ed dollars . 


2,800 00 


Westborough 


Twenty-seven hundred dollars 


2,700 00 


West Boylston . 


Thirteen hundred and twenty dol- 
lars 


1,2320 00 


West Brookfield . 


Nine hundred and sixty dollars 


960 00 


Westminster 


Nine hundred and eighty dollars . 


980 00 


Winchendon 
Worcester . 


Twenty-four hundred and eighty 
dollars 

Fifty-seven thousand and twenty 
dollars 


2,480 00 
57,020 00 




$164,940 00 



RECAPITULATION. 



Barnstable Co. 
Berkshire Co. 
Bristol Co. . 

Dukes Co. . 
Essex Co. . 

Franklin Co. 
Hampden Co. 
Hampshire Co. 
Middlesex Co. 
Nantucket Co. 



Eighteen thousand seven hundred 
and forty dollars . 

Forty-four thousand and eighty dol 
lars ..... 

One hundred and twenty-five thou- 
sand eight hundred and eighty 
dollars ..... 

Thirty-three hundred dollars . 

One hundred and eighty-eight thou 
sand two hundred and sixty del 
lars ..... 

Twenty thousand one hundred and 
sixty dollars 

Eighty-six thousand one hundred 
doHars ..... 

Twenty-nine thousand eight hundred 
dollars 

Tliree hundred and eighteen thou- 
sand four liundred dollars . 

Two thousand six hundred and sixty 
dollars ..... 



$18,740 00 
44,080 00 



125,880 00 
3,300 00 



188,260 00 
20,160 00 
86,100 00 
29,800 00 

318,400 00 
2,660 00 



1882. — Chapter 271. 



229 



RECAPITULATION — Concluded. 



Norfolk Co. 


One hundred and three thousand 




Plymouth Co. 
Suffolk Co. 


nine hundred dollars . 
Forty-five thousand four hundred 

and sixty dollars .... 
Eisfht hundred and forty-eis^ht thou- 


$103,900 00 
45,460 00 


Worcester Co. . 


sand three hundred and twenty 

dollars 

One hundred and sixty-four thou- 
sand nine hundred and forty dol- 


848,320 00 




lars . . 


164,940 00 




12,000,000 00 



Recapitulation 
by counties. 



Section 2. The treasurer of the Commonwealth shall 
forthwith send his warrant, directed to the selectmen or 
assessors of each city or town taxed as aforesaid, requiring 
them respectively to assess the sum so charged, according 
to the provisions of chapter eleven of the Public 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 and town. 

Section 3. The treasurer of the Commonwealth in 
his warrant shall require the said selectmen or assessors to 
pay, or to issue severally their warrant or warrants requir- 
ing the treasurers of their several cities or towns to pay, 
to the treasurer of the Commonwealth, on or before the 
tenth day of December in the year eighteen hundred and 
eighty-two, 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 the 
treasurers of their several cities and towns with the sum 
which each may be required to collect, to the treasurer of 
the Commonwealth at some time before the first day of 
October in the year eighteen hundred and eighty-two. 

Section 4. If the amount due from any city or town, 
as provided in this act, is not paid to the treasurer of the 
Commonwealth within the time specified, then the said 
treasurer shall notify the treasurer of such delinquent 
city or town, who shall pay into the treasury of the Com- 
monwealth, in addition to the tax, such further sum as 
would be equal to one per centum per month during such 
delinquency, from and after the tenth day of December 
in the year eighteen hundred and eighty-two ; and if the 
same remains unpaid after the first day of January in the 
year eighteen hundred and eighty-three, an information 



Treasurer of 
the Comttion- 
■wealth to issue 
warrants. 



To require 
selectmen or 
assessors to 
issue warrants 
to city or town 
treasurers. 



To notify the 
treasurers of 
delinquent 
cities and 
towns. 



280 



1882. — Chapters 272, 273. 



may be filed by the treasurer of the Commonwealth in the 
supreme judicial court or before any justice thereof against 
such delinquent city or town ; and upon notice to such 
city or town and a summary hearing thereon a Avarrant 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 upon its passage. 

Approved May 26, 18S2. 



Cities and 
towns may 
regulate sale, 
etc., of toy 
pistols. 



Chap. 272 An Act concerning the sale or use of tot pistols and 

OTHER DANGEROUS ARTICLES. 

Be it enacted, etc., as follows: 

Section 1. The city council of any city, and the 
selectmen of any town, maj^ adopt such rules and regula- 
tions as they may deem reasonable in relation to the sale 
or use, within the limits thereof, of to}'' pistols, toy cannon, 
and all other articles in which explosive compounds of any 
kind are used, or of w-hich such compounds form a part, and 
may affix penalties for violation of such rules and regula- 
tions not exceeding fifty dollars for any one offence ; but 
no such rule or regulation shall take effect until it has 
been approved by the superior court, or in vacation by a 
justice thereof, and with such approval entered and re- 
corded, as provided in section twenty-one of chapter twen- 
ty-seven of the Public Statutes. 

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

Approved May 26, 1882. 



Chap. 273 An Act in further addition to " an act making appro- 
priations 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 tjeasury of the Common- 
wealth from the ordinary revenue, unless otheiwise or- 
dered, for the purposes specified in certain acts and resolves 
of the present yeai', and for other purposes, to wit : — 

For Jennie S. Caproii, three hundred dollars, as author- 
ized by chapter thirty-eight of the resolves of the present 
year. 

For Samuel Hillman, one hundred and twenty-five dol- 
lars, as authorized by chapter thirty-nine of the resolves of 
the present year. 



Appropriations. 



Jennie 8. 
Capron. 



•Samuel Uill 
nun. 



1882. — Chapter 273. 



231 



For James Burke, one hundred dollars, as authorized by 
chapter forty of the resolves of the present year. 

For the disabled soldiers' employment bureau, two thou- 
sand dollars, as authorized by chapter forty-two of the re- 
solves of the present year. 

For the trustees of the state lunatic hospital at Danvers, 
twenty-five thousand dollars, as authorized by chapter 
forty-three of the resolves of the present year. 

For additional clerical assistance at the state prison at 
Concord, twelve hundred dollars, as authorized by chapter 
forty-four of the resolves of the present year. 

For the trustees of the state lunatic hospital at Taun- 
ton, twelve thousand five hundred dollars, as authorized 
by chapter forty-five of the resolves of the present year. 

For the trustees of the state lunatic hospital at Worces- 
ter, ten thousand dollars, as authorized by chapter forty- 
six of the resolves of the present 3^ear. 

For Thomas F. Maney, three hundred dollars, as author- 
ized by chapter forty-eight of the resolves of the present 
year. 

For the trustees of the Massachusetts agricultural col- 
lege, nine thousand dollars, as authorized by chapter forty- 
nine of the resolves of the present year. 

For the compensation of a commissioner to the national 
forestry convention, fifty dollars, as authorized by a joint 
resolution adopted April eighteenth of the present year by 
the senate and house of representatives. 

For the Massachusetts school for idiotic and feeble- 
minded youth, four thousand five hundred dollars, as 
authorized by chapter fifty-one of the resolves of the pres- 
ent year. 

For the compensation and expenses of an additional 
agent of the board of education, twenty-seven hundred 
dollars, as authorized by chapter fifty-three of the re- 
solves of the present year. 

For painting and necessary repairs upon the buildings 
of the state normal school at Framingham, eleven hun- 
dred and seventy dollars, as authorized by chapter fifty- 
four of the resolves of the present year. 

For the purchase of paper for the Commonwealth, as 
authorized by chapter fifty-six of the resolves of the pres- 
ent year, a sum not exceeding ten thousand dollars, and 
there may be used from the appropriation made the pres- 
ent year for printing public documents such further sum 
as may be necessary for the same purpose. 

For expenses at the state prison at Concord, a sum not 



James Burke. 



Soldiers' 

employment 

bureau. 



Lunatic hospi- 
tal at Danvers. 



State prison. 



Lunatic hospi- 
tal at Taunton. 



Lunatic 
hospital at 
Worcester. 



Thomas F. 
Maney. 



Agricultural 
college. 



Commissioner 
to forestry con- 
vention. 



School for 
idiotic and 
feeble-minded 
youth. 



Board of educa- 
tion. 



Normal Bchool 
at Framingham. 



Paper for the 
Common wealta. 



State prison. 



232 



1882. — Chapter 273. 



Repairs at state 
house. 



Contagious dis- 
eases of horses 
and cattle. 



Reports of con- 
tested elections. 



Assistant clerks 
of senate and 
house. 



Assistant regis- 
ter of probate 
for Sutiblk. 



Cotnmiseioners 
of savings 
banks. 



District-attor- 
ney foi- eastern 
district. 



Ptnte library. 



Btate prison 
snihries. 



yalarles of 
Justices of the 
superior court. 



exceeding seventeen thousand dollars, as authorized by 
chapter sixty of the resolves of the present year. 

For painting the state house and making repairs in and 
about the same, a sum not exceeding seventeen thousand 
dollars, as authorized by chapter fifty-nine of the resolves 
of the present year. 

For the purpose of exterminating contagious diseases 
among horses and cattle, a sum not exceeding two thou- 
sand dollars, as authorized by chapter fifty-eight of the 
resolves of the present year. 

For the publication of reports of contested election 
cases, as authorized by chapter sixty-one of the resolves 
of the present year, a sum not exceeding twelve hundred 
dollars. 

For the salaries of the assistant clerks of the senate 
and house of representatives, six hundred dollars, as 
authorized by chapter two hundred and fifty-seven of the 
acts of the present year, in addition to the amount here- 
tofore appropriated. 

For the salary of the assistant register of probate and 
insolvency for the county of Suffolk, five hundred dollars, 
as authorized by chapter one hundred and forty-four of 
the acts of the present year, the same to be in addition to 
the amount heretofore appropriated. 

For the salaries of the clerks of the board of commis- 
sioners of savings banks, two hundred and ninety dollars, 
as authorized by chapter one hundred and forty -eight of 
the acts of the present year, the same to be in addition 
to the amount heretofore appropriated. 

For the salary of the di.strict-attorney for the eastern 
district, four hundred and twenty-eight dollars and thirty- 
three cents, as authorized b}^ chapter one hundred and 
fift3'-six of the acts of the present year, the same to be in 
addition to the amount heretofore appropriated. 

For the purchase of books for the state library, one 
thousand dollars, as authorized by chapter one hundred 
and ninety-six of the acts of the present year, the same to 
be in addition to the amount heretofore appiojiriated. 

For the payment of salaries at the state prison at Con- 
cord, sixteen hundred dollars, made necessary by the pro- 
visions of chapter two hundred and three of the acts of 
the present 3'ear, the same to he in addition to the amount 
heretofore appropriated. 

For the salary of the chief justice of the suj)erior court, 
three hundred and twenty-two dollars and fifty-nine cents, 
and for the salaries of the ten associate justices of the 



1882. — Chapter 273. 



233 



superior court, three thousand two hundred and twenty- 
five dollars and ninety cents, as authorized by chapter two 
hundred and five of the acts of the present year, the same 
to be in addition to the amount heretofore appropriated. 

For the care and maintenance of indigent and neglected 
children, a sum not exceeding five thousand dollars, as 
authorized by chapter one hundred and eighty-one of the 
acts of the present year. 

For the establishment of an agricultural experiment 
station, three thousand dollars, and for the maintenance of 
said station, three thousand seven hundred and fifty dol- 
lars, as authorized by chapter two hundred and twelve of 
the acts of the present year. 

For the purpose of providing a place for the burial of 
prisoners dying at the reformatory prison for women, a 
sum not exceeding one hundred and fifty dollars for the 
purchase of land, and not exceeding five hundred dollars 
for fencing said land and preparing it for use, as authorized 
by chapter two hundred and thirteen of the acts of the 
present year. 

For the salaries of the officers in attendance upon the 
supreme judicial court in the county of Suffolk, sixteen 
hundred dollars, as authorized by chapter two hundred 
and thirty two of the acts of the present year. 

For expenses incurred in connection with the prepa- 
ration of tables and indexes relating to the statutes of the 
present year and subsequent years, a sum not exceeding 
three hundred dollars, as authorized by chapter two hun- 
dred and thirty-eight of the acts of the present year. 

For expenses in connection with furnishing blank forms 
of returns, as authorized by chapter two hundred and 
twenty-six of the acts of the present year, a sum not ex- 
ceeding two hundred dollars. 

For the salary of the first assistant district-attorney for 
the Suffolk district, sixty -one dollars and eighty-three 
cents, as authorized by chapter two hundred and forty -five 
of the acts of the present year, in addition to the amount 
heretofore appropriated. 

For the salary of the second assistant district-attorney 
for the Suffolk district, two hundred and ninety -one dollars 
and sixty-seven cents, as authorized by chapter two hun- 
dred and forty-five of the acts of the present year, in ad- 
dition to the amount heretofore appropriated. 

For expenses incurred in connection with the ventila- 
tion of the state prison buildings at Concord, and the 
disposal of sewage matter, as authorized by chapter sixty- 

30 



Indigent and 
neglected chil- 
dren. 



Agricultural 

experiment 

station. 



Burial ground 
at reformatory 
prison for 
women. 



OiBcers attend- 
ing 8. J. O. in 
Suffolk. 



Tables and 
indexes relating 
to statutes. 



Blank forms of 
returns. 



Assistant dis- 
trict-attorney 
for Suffolk. 



Second assistant 
district-attorney 
for Suffolk. 



State prison. 



234 



1882. — Chapter 273. 



Reform school. 



Doorkeepers, 
etc., of senate 
and house. 



Reform school. 



Printing and 
binding the 
Public t-tatutes. 



Expenses of 
committees. 



Surgeon - 
general. 



Water supply 
for state prison. 



District police 
force. 



Taking of real 
estate for use of 
the various 
departments. 



Aiiulleration of 
food and drugs. 



five of the resolves of the year eighteen hundred and 
eighty-one, nine hundred and forty-three dollars and fifty- 
six cents. 

For the current expenses of the state reform school at 
Westborough, a sum not exceeding seven thousand dollars, 
in addition to the amount heretofore appropriated. 

Fur the compensation of the doorkeepers, messengers 
and pages to the senate and house of representatives, a 
sum not exceeding ten thousand dollars, in addition to the 
amount heretofore appropriated. 

For the payment of expenses incurred in the year eigh- 
teen lumdred and eightj^-one at the state reform school, 
one thousand and twenty-seven dolhirs and sixty-one cents. 

For expenses incurred in connection with printing and 
binding the new Public Statutes, twelve hundred and sev- 
enty-two dollars and five cents, as authorized by chapter 
seventy-three of the resolves of the year eighteen hundred 
and eighty-one. 

For the authorized expenses of committees of the pres- 
ent legislature, the same to include clerical services, a sum 
not exceeding four thousand dollars, in addition to the 
amount heretofore appropriated. 

For the contingent expenses of tiie surgeon-general, a 
sum not exceeding one hundred dollars, the same to be in 
addition to the amount heretofore appropriated. 

For expenses incurred in connection with a contract for 
suppljung the state prison at Concord with water for fire 
purposes, as authorized by chapter forty-eight of the re- 
solves of the year eighteen hundred and seventy-nine, one 
thousand nine hundred and forty-seven dollars and ninety- 
five cents. 

For incidental and contingent expenses of the district 
police force, a sum not exceeding five hundred dollars, in 
addition to the amount heretofore appropriated. 

For the payment of any expenses incurred in the pur- 
chase or taking of any real estate to provide additional 
accommodations for the various departments of the Com- 
monwealth, as authorized by chapter two hundred and 
sixty-two of the acts of the present year, a sum not ex- 
ceetling one hundred and twenty thousand dollars; and 
for fitting up the same for use, a sum not exceeding ten 
thousand tlolhirs. 

For the payment of expenses incurred in carrying out 
the provisions of the act relating to the adulteration of 
food and drugs, three thousanil dollars, as authorized by 
chapter two hundred and sixty-three of the acts of the 
present year. 



1882. — Chapter 274. 



235 



For the compensation of representatives, one hundred Representa- 
dolhirs in addition to the amount heretofore appropriated. 
Section 2. This act shall take effect upon its passage. 

Approved May 26, 1882. 



An Act concerning transportation of logs and timber upon 
the connecticut river. 

Be it enacted, etc., as follows : 

Section 1. The Connecticut River lumber company 
is authorized to construct a boom upon the Connecticut 
River, between the confluence of the Chicopee and Con- 
necticut Rivers and the ferry next above said confluence, 
which said boom shall be provided with openings and ap- 
pliances for the passage of boats and steamers that ma}'' 
desire to pass through the same : provided, said company 
shall not allow logs to collect or jam up on the falls between 
Holyoke Dam and the Connecticut River railroad bridge 
at Willimansett in the town of Chicopee. 

Section 2. Section five of chapter ninety-four of the 
Public Statutes is so amended that it shall apply only to 
that portion of the Connecticut River below the confluence 
of the Chicopee and Connecticut Rivers. The county 
commissioners of the counties of Franklin and Hampshire 
upon the petition of any parties in their respective coun- 
ties maintaining ferries in said Connecticut River or of the 
owner or owners of any steamboat or pleasuie boat regu- 
larly plying in said river in said counties respectively after 
such notice to the parties interested as said county com- 
missioners shall deem proper shall determine the amount 
of damages that shall be paid by said company to said 
parties, or owner or owners, by reason of the floating or 
driving of masts, spars or logs upon said river owned or 
controlled by said company and not formed into rafts and 
attended as provided in said section five, which amount 
shall include the entire damage that shall be paid by said 
company for the year ensuing from the date named in such 
petition and shall be in lieu of all damages that shall be 
caused to such owner or owners or such parties from said 
cause, except wilful or malicious damages caused by said 
company. Either party aggrieved by the decision of 
said commissioners, fixing the amount of such damages, may 
have a jury to determine the amount thereof in the man- 
ner provided by the Public Statutes in the laying out and 
discontinuance of ways. In case neither party petitions 
to have such damages fixed, any person floating or driving 
masts, spars or logs upon said river not formed into rafts 



Chap.214: 



May construct 
a boom on 
Connecticut 
River. 



Provisions of 
P. S. to apply 
only to river 
below the 
confluence of 
Chicopee and 
Connecticut 
Rivers. 



Determination 
of damages. 



Party aggrieved 
may have a 
jury. 



236 1882. — Chapter 274. 

and attended as provided in said section five shall pay all 
damages done by such floating or driving, and all persons 
who cause or permit such masts, spars or logs to be floated 
or driven shall be jointly and severally liable for all such 
damages to be recovered in an action of tort. This act 
shall not aifect any existing rights nor confer any vested 
rights, but shall be subject to amendment or revocation. 
Section 3. This act shall take effect upon its passage. 

Approved May 27, 1882. 



1882. — Chapters 1, 2. 



237 



RESOLVES, 



GENERAL AND SPECIAL. 



Resolves confirming the acts and determining the rank of Chap. 1 

CERTAIN COMMISSIONED OFFICERS OF THE MASSACHUSETTS 
VOLUNTEER MILITIA. 



Resolved^ That all acts of certain officers of the Massa- 
chusetts volunteer militia done in their official capacities 
between the twenty-eighth clay of April eighteen hundred 
and eighty one and the date of the passage of this resolve, 
who, under the opinion of the justices of the supreme 
judicial court, dated January third eighteen hundred and 
eighty-two, no longer continue to hold office, are hereby 
made valid and confirmed to the same extent as if such 
persons had been, during that time, duly qualified to dis- 
charge the duties of their several offices. 

Resolved^ That in case any such officer is re-elected or 
re-appointed to fill the vacancy caused by the expiration 
of his commission under said opinion, he shall take the 
same rank as if he had continued to hold the same, and 
his commission may be renewed accordingly ; and he may 
be qualified and assigned to duty without appearing before 
the examining board established under section fifty-two of 
chapter two hundred and sixty-five of the acts of the year 
eighteen hundred and seventy-eight. 

Approved January 16, 1SS2. 



Resolve relatve to the printing -of certain amendments 

AND corrections OF THE PUBLIC STATUTES. 

Resolved, That the persons appointed under authority 
of chapter seventy- two of the resolves of the year eighteen 
hundred and eighty-one (special session), to superintend 
the printing of the Public Statutes, be and they are hereby 
authorized and instructed to cause to be enclosed in 
brackets in the printed volume of said statutes the several 



Acts of certain 
oflicers of the 
militia made 
valid. 



Rank of offlcera 
determined. 



Chap. 2 



Amendmei,t8, 
etc., of thi* 
Public Statutes 
to be printed in 
brackets. 



238 



1882. — Chapters 3, 4, 5. 



portions thereof amended by an act of the present year, 
entitled "An Act to correct certain errors in and to amend 
the Public Statutes,'' and also to make suitable marginal 
notes, showing that the amendments have been adopted, 
and referring to said act, which they shall also cause to be 
printed with this resolve, in the volume of the Public 
Statutes, immediately following the indorsement of ap- 
proval thereof by the governor. 

Approved February i, 1882. 

Chap. 3 Resolve authorizing the treasurer to borrow money in 

ANTICIPATION OF THE REVENUE. 

Resolved, That the treasurer and receiver-general be and 
he is hereby authorized to borrow, in anticipation of the 
receipts of the present year, such sums of money as may 
be from time to time necessary for the pavment of the 
ordinary demands on the treasuiy, at any time before the 
expiration of fifteen days after the meeting of the 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 received into the treasury. 

Approved February 6, 1882. 



Treasurer may 
borrow money 
in anticipation 
of the revenue. 



Chap. 



David B. 
Tenney. 



Chap. 



Transfer to the 

Erison and 
ospital loan 
uinliing fund. 



Resolve in favor of david b. tenney, city treasurer of 

havehhill. 

Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth the sum of fifty dollars to 
David B. Tenney, city treasurer of Haverhill, the same 
being for an over payment by him to the treasury. 

Approved February 14, 1882. 

Resolve directing the transfer of certain sums of money 

TO THE ritlSON and HOSPITAL LOAN SINKING FUND. 

Resolved, That the treasurer is authorized and directed 
to transfer fourteen thousand three hundred and ninety- 
eight dollars and twenty-one cents, and thirteen hundred 
and five dollars and fifiy-nine cents, the same being 
balances standing to the credit of the accounts of the State 
prisons loan, and Worcester lunatic hospital loan, re- 
spectively, to the prison and hospital loan sinking fund ; 
and said sums shall hereafter constitute a part of said 
sinking fund, and shall be invested and used for the pur- 
poses for which said fund was established. 

Approved February 21, 1882. 



1882. — Chapters 6, 7, 8, 9, 10. 



239 



Allowance to 
overseers of 
the poor of 
Templeton. 



Resolve in favor of the overseers of the poor of the Chap. 6 

TOWN of templeton. 

Resolved^ That there be allowed and paid out of the 
treasury of the Commonwealth the sum of twenty-nine 
dollars and fifty-seven cents to the overseers of the poor 
of the town of Templeton, the same being for an amount 
improperly paid by them into the treasury. 

Approved February 21, 1882. 

Resolve to provide for increasing the barn accommoda- Chap. 7 

TIONS OF THE STATE ALMSHOUSE AT TEWKSBURY. 

Resolved, That a sum not exceeding two thousand five 
hundred dollars be allowed and paid out of the treasury 
of the Commonwealth, to be expended under the direction 
of the trustees of the state almshouse, for increasing the 
barn accommodations of said institution. 

Approved February 24, 1882. 



Increased barn 
accommoda- 
tions at state 
almshouse. 



Resolve in favor of william magginnis. 
Resolved., That there be allowed and paid out of the 
treasury of the Commonwealth, to William Magginnis, 
late of company A, of the first regiment of Massachusetts 
cavalry, the sum of three hundred and twenty-five dollars 
as state bounty ; being the amount which he would have 
been entitled to receive had he been mustered into service 
on the twenty-ninth day of December in the year eighteen 
hundred and sixty-three. Approved February 28, 1882. 

Resolve in favor of william freeman. 
Resolved, That on and after the first day of March in 
the year eighteen hundred and eighty-two, William Free- 
man, a volunteer in the naval service of the ]Jnited States 
during the war of the rebellion, shall be entitled to receive 
the same military and state aid which he would have 
been entitled to receive had his name during his service been 
upon the rolls as part of the quota of the Commonwealth. 

Approved February 28, 1882. 

Resolve in favor of charles s. bolton. 

Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth to Charles S. Bolton, who 
was a member of company H, of the seventeenth regiment 
of Massachusetts volunteers, the sum of one hundred and 
seven dollars and thirty-three cents, as arrears of state 
bounty. Approved March 1, 1882. 



Chap. 8 

William Mag- 
ginnis. 



Chap. 9 

William Free- 
man. 



Chap. 10 

Charles S. 
Bolton. 



240 



1882. — Chapters 11, 12, 13, U. 



Allowance for 
improvements 
in basement of 
state bouse. 



Chap. 1 1 Resolve in favor of melzak w. coombs. 

Meizar w. Resolvcd^ That there be allowed aud paid out of the 

combs. treasury of the Commonwealth to Meizar W. Coombs, the 

sum of three hundred dollars, to defray the necessary 
expenses incurred, and as final compensation for permanent 
injuries received in consequence of having his foot crushed 
while in discharge of his duty as a member of battery C, 
first battalion of liglit artillery, second brigade, of Massa- 
chusetts volunteer militia, on the ninth day of September 
in the year eighteen hundred and eighty-one. 

Approved March 1, 1882. 

Chap. 12 Resolve providing for the payment of certain bills in 

CONNECTION WITH THE IMPROVEMENTS IN THE BASEMENT OF 
THE STATE HOL'SE. 

Resolved., That there be allowed aud paid out of the 
treasury of the Commonwealth the sum of sixteen thou- 
sand nine hundred and forty-seven dollars and twenty 
cents, the same being for the payment of bills now due, 
and on file in the auditor's department, having been 
incurred for extra labor and material, in connection with 
the improvements in the basement of the state house, 
authorized by chapter sixty-eight of the resolves of the 
5'ear eighteen hundred and eighty-one. 

Approved March 5, 1882. 

Chap. 13 Resolve in favor of the overseers of the poor of the 

CITY OF new BEDFORD. 

Resolved., That there be allowed and paid out of the 
treasury of the Commonwealth to the overseers of tlie poor 
of the city of New Bedford, three hundred and forty-six 
dollars and seventy-one cents ; said sum having been paid, 
under a mistake of facts, for the support of John Ormand 
at the Taunton lunatic hospital, said Ormand having no 
settlement in any city or town in this Commonwealth. 

Approved March 16, 1882. 

Chap. 14 Resolve in relation to the pdrchask of undivided por- 
tions OF flats owned in part by the commonwealth. 

Resolved, That the harbor and land commissioners are 
authorized to purchase certain undivided interests in the 
lands and flats lying near the northerly shore of South 
Boston, between E Street extended and B Street, at an 
expense not exceeding ten thousand dollars, in accordance 
with the provisions of chapter four hundred and forty-six 



Allowance to 
the overseers 
of the poor of 
New Bedford. 



May pure-base 
undivlili'd 
Inlert'HU in 
flats, etc., near 
nortlieily sboie 
of South 
BoBton. 



1882. — Chapters 15, 16, 17, 18. 



241 



Chap. 15 



Encampment of 
the Grand 
Army of the 
Republic at the 
stale camp- 
ground. 



Bill for incor- 
poration, etc., 
of loan and 
trust companies 
by general law, 
to be reported. 



of the acts of the year eighteen himdred and sixty-nine ; 
said sum to be paid from the Commonwealth flats im- 
provement fund. Approved March 16, 1882. 

Resolve authorizing the use of the state camp-ground 

AT FRAMINGHAM BY THE GRAND ARMY" OF THE REPUBLIC. 

Resolved, That the quartermaster-general, under the di- 
rection of the commander-in-chief, be and he hereby is 
authorized to permit the department of Massachusetts of 
the grand army of the republic to use and occup}^ the 
state camp-ground at Framingham, and its appurtenances, 
for the purpose of a state encampment, at times when such 
use and occupation will not interfere with the use of said 
camp-ground by the militia. Approved March 21, 1882. 

Resolve in relation to loan and trust companies. Chap. 16 

Resolved, That so much of the annual report of the 
commissioners of savings banks as relates to the enact- 
ment of a general law for the incorporation and regulation 
of loan and trust companies, be referred to the commis- 
sioners of savings banks and the commissioner of corpora- 
tions, with instructions to consider the subject and report 
a bill therefor to the next general court. 

Approved March 21, 1882. 

Resolve providing for repairs upon the buildings of the Chap. 17 

STATE NORMAL SCHOOL AT BRIDGEWATER. 

Resolved, That there be allowed and paid out of the Repairs upon 
treasury of the Commonwealth a sum not exceeding fifteen sch^oo"biri'idings 
hundred dollars, for repairs upon the state normal school at Bridgewater. 
buildings at Bridgewater ; the same to be expended under 
the direction of the board of education. 

Approved March 21, 1882. 

Resolve in favor of the Massachusetts charitable eye Chan. 18 

AND EAR INFIRMARY. 

Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth ten thousand dollars to the 
Massachusetts charitable eye and ear infirmary, to be 
expended under the direction of the managers thereof for 
the charitable purposes of said infirmary for the present 
year ; and the said managers shall report to the state board 
of health, lunacy and charity. Approved March 21, 1882. 
31 



Massachusetts 
charitable eye 
and ear in- 
Jirmary. 



242 



1882. — Chapters 19,20,21,22. 



Chap. 19 Resolve to provide for repairing the dwelling house of 

SAMUEL C. CISCO AND SARAH M. CISCO, MEMBERS OF THE HAS- 
SANAMISCO TRIBE OE INDIANS. 



Samuel C. Cisco 
and Small M. 
Cisco. 



Subject of 
liability of em- 
ployers for in- 
juries received 
by their em- 
ployes. 



Resolved., That there be allowed and paid out of the 
treasury of the Commonwealth to the selectmen of the 
town of Grafton, the sum of two hundred doHars, to be ex- 
pended by them in repairing the dwelling house of Samuel 
C. Cisco and Sarah M. Cisco, members of the Hassana- 
misco tribe of Indians. Approved March 23, 1SS2. 

Chap. 20 Resolve directing the bureau op statistics of labor to 

INVESTIGATE THE LIABILITY OF EMPLOYERS FOR INJURIES RE- 
CEIVED BY THEIR EMl'LOYES. 

Resolved, That the bureau of statistics of labor investi- 
gate the subject of the liability of employers to workmen 
for injuries received while in the discharge of their duty, 
and consider what changes, if any, are needed in the 
existing laws relative to such liability, and embody the 
results of such investigation and consideration in the four- 
teenth annual report of said bureau : provided, such in- 
vestigation can be conducted within the appropriation 
already made for clerical and contingent expenses of said 
bureau for the current year. Approved March 27, 1882. 

Resolve in favor of fanny ross. 

Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth to P'anny Ross, of Cam- 
bridge, widow of the late iMichael Ross, who was a 
member of company B, forty-seventh regiment of jNIassa- 
chusetts volunteers and re-enlisted in the fifty-ninth regi- 
ment, and died in camp before being mustered in on said 
re-enlistment, an annuity of two hundred dollars, for the 
term of three years from the first day of January in the 
year eighteen hundred and eighty-two, payable in equal 
quarterly instalments. Approved March 27^ 1882. 



Chap. 21 

Fanny Ross. 



Chap. 22 Resolve in favor of the state normal school at wiirces- 



RopalrB at 
stale iinrnial 
school at 
Worcester. 



Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth a sum not exceeding one 
thousand dollars for the repair of the building and im- 
provement of the grounds of the state normal school at 
Worcester; the same to be expended under the direction 
of the board of education. Approved March 27, 1882. 



1882. — Chapters 23, 24, 25, 26. 



243 



Chap. 23 

Augustus N. 
Davis. 



Resolve in favor op Augustus n. davis. 

Resolved., That there be allowed and paid out of the 
treasury of the Commonwealth to Augustus N. Davis, the 
sum of three hundred dollars, to defray the necessary ex- 
penses incurred and as a compensation for permanent in- 
juries received while in discharge of his duty as a member 
of company H, first regiment of infantry, Massachusetts 
volunteer militia, on the twenty-first day of September in 
the year eighteen hundred and eighty-one. 

Approved March 27, 1882. 

Resolve in favor of william b. f. whall. Chap. 24 

Resolved., That there be allowed and paid out of the wiiuamB. f. 
treasury of the Commonwealth the sum of one hundred ^^'*'*"- 
dollars to William B. F. Whall, the same being for services 
as clerk of the joint special committee to prepare a copy 
of the Public Statutes for enactment. 

Approved March 27, 1882. 



Chap. 25 

Allowance to 
the town of 
Quincy. 



Resolve in favor of the town of quincy. 

Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth to the town of Quincy, the 
sum of one hundred and thirty-seven dollars and twenty- 
five cents, being the amount due said town from the Com- 
monwealth for temporary aid furnished state piiupers 
resident in said town, in the year eighteen hundred and 
seventy-nine. Approved March 27, 1882. 



Resolve providing for an abstract op the social and Chap. 26 
industrial statistics op the commonwealth as collected 
IN the tenth united states census. 



Resolved, That for the purpose of enabling the bureau 
of statistics of labor to complete an abstract of the social 
and industrial statistics of the Commonwealth collected in 
the tenth United States census, the chief of said bureau is 
authorized to expend, for clerical assistance and contingent 
expenses, a sum not exceeding one thousand dollars, in 
addition to the amount now authorized by law for the 
expenses of said bureau. Said abstract shall be published 
as a part of or as a supplement to the thirteenth annual 
report of said bureau, and shall contain the social, agri- 
cultural and manufacturing statistics of the several cities 
and towns of the Commonwealth. 

Approved March 28, 1882. 



Social and 
industrial sta- 
tistics of the 
Commonwealth 
to be printed, 
etc. 



244 



1882. — Chapters 27, 28, 29, 30. 



Chap. 27 Resolve granting the committee on printing power to sell 

THE commonwealth's TYPE USED IN THE PUBLICATION OF 
THE PUBLIC STATUTES. 



Type used in 
publication of 
tiie I'lihlic Stat- 
utes to be sold. 



Chap. 28 

Townof Cliarle- 
mout. 



Chap. 29 



John Ford. 



Resolved^ That the committee on printing are hereby 
authorized to dispose of the Commonwealtli's type, used 
in the publication of the Public Statutes, in such manner 
as their best judgment may determine, and if deemed 
expedient they may employ the services of some auctioneer ; 
and shall forthwith make a statement of their transaction 
to the treasurer of the Commonwealth, who shall receive 
from the purchaser or purchasers of the same the amount 
of the purchase money thereof, and shall therefrom pay 
the expenses of such sale. Ap^noved March 28, 1882. 

Resolve in favor of the town op charlemont. 

Resolved^ That there be allowed and paid out of the 
treasury of the Commonwealth the sum of three hundred 
and eighty-six dollars and fift}^ cents to the town of Charle- 
mont, the same being in full settlement for support and 
assistance rendered Michael Dardis, John Foley and John 
Farrell, state paupers, during the period from the eleventh 
day of August in the year eighteen hundred and seventy- 
five to the eighth day of February in the year eighteen 
hundred and seventy -six. Approved March 28, 1882. 

Resolve in favor of john ford. 

Resolved., That the treasurer of the county of Middlesex 
be and he is hereby authorized and required to refund and 
pay over to John Ford the amount of eight hundred and 
eighty dollars and eighty-one cents, which said amount 
was received and is now in the treasury of said county, 
having been paid by said Ford on account of a judgment 
and execution in favor of the Commonwealth against him 
as surety on a forfeited recognizance ; said Ford having 
since said payment caused his principal to be sunendered 
and sentenced. Approved March 30, 1882. 



Chap. 30 Resolve confirming the awards of arbitrators, under 
agreements made by the manager of the troy and green- 
field railroad and IIOOSAO tunnel with AUSTIN DkWOLF, 
LATHROP T. SMITH, JOSEPH D. NEWTON AND PATRICK T. 
O'REILLY. 



Awards of 
Hrbliratori con- 
firmed. 



Resolved, That the several awards made by Edmund H. 
Bennett, Joseph O. I'roctor and Justin Dewey, in pur- 
suance of the following agreements for arbitration, namely : 



1882. — Chapters 31,32. 245 

— an agreement between the manager of the Troy and 
Greenfield Raih'oad and Hoosac Tunnel and Austin 
DeWolf ; an agreement between said manager and Lathrop 
T. Smith ; an agreement between said manager and Joseph 
D. Newton ; and an agreement between said manager and 
Patrick T. O'Reilly; — all for the adjustment of damages 
occasioned by the taking of land in Greenfield for the Troy 
and Greenfield Railroad, are approved, ratified and con- 
firmed, and said manager is authorized, in accordance with 
the award made under the last named agreement, to 
release to said Patrick T. O'Reilly all the rights of the 
Commonwealth in a strip of land situated between the 
dwelling liouse of said O'Reilly and the fence now in front 
thereof, said fence being twenty-seven and two-tenths feet 
from the westerly corner of the brick foundation of said 
dwelling house, and thirty-four and six-tenths feet from 
the easterly corner of said brick foundation, in both cases 
measured by extending the side lines of said dwelling 
house straight to the said fence. The said parties having 
elected to retain their respective rights of drainage, drains 
shall be maintained by the Commonwealth and its assigns 
as provided in said awards. Said awards shall be recorded 
in the registry of deeds for the county of Franklin. 

Approved March 30, 1882. 

Resolve providing for the printing of additional copies Chap. 31 
OF the report of the trustees of the agricultural 
college. 

Resolved., That there be printed five hundred additional Report of true- 
copies of the report of the trustees of the agricultural col- lurarcoulge"" 
lege for the year eighteen hundred and eighty-one, for the 
use of that institution. Approved March 30, 1882. 

Resolve providing for the publication of a new edition Chap. 32 
OF the statutes relating to public schools. 

Resolved, That an amount not exceeding five hundred statutes reiat- 
dollars be allowed and paid out of the treasury of the gehooiFtobe 
Commonwealth for the purpose of printing, for the use of primed, etc. 
the cities and towns, three thousand copies of the edition 
of the Public Statutes relating to the public schools, to- 
gether with the decisions of the supreme judicial court 
relating thereto ; said amount to be expended under the 
direction of the board of education. 

Approved March 30, 1882. 



246 



1882. — Chapters 33, 34, 35, 36. 



Chap. 33 Resolve authorizing the trustees of the state lunatic 

HOSPITAL AT TAUNTON TO EXCHANGE LAND WITH THE OLD 
COLONY RAILROAD COMPANY. 



Trufftoes of 
lunatic liospital 
at T.'iunloii may 
exchaii}:^ land 
with Old Colony 
Railroad. 



Chap. 34 

Rice and 
Hutchins. 



Towns of Otis, 
Kandistield and 
Tolland. 



Resolved., That the trustees of the state lunatic hospital 
at Taunton are hereby authorized to exchange a strip of 
land on the west side of the hospital farm, containing four 
or five acres more or less, for a tract of land of substan- 
tially the same extent belonging to the Old Colony Rail- 
road Company. Approved March 30, 1882. 

Resolve in favor of rice and hutchins. 

Resolved, That there be allowed and paid out of the treas- 
ury of the Commonwealth the sum of ten hundred and 
seventj'-eight dollars and ninety-two cents, to the. firm of 
Rice and Hutchins, the same being for certain money over- 
j)aid by them for labor of certain convicts in the state 
prison, and interest thereon. Approved April 1, 1882. 

Chap. 35 Resolve in favor of the towns of otis, sandisfield and 

TOLLAND. 

Resolved, That there be allowed and paid out of the treas- 
ury of the Commonwealth to the following named towns, 
respectively, the sums herein below set against their names, 
in're-imbursement of payments made towards the construc- 
tion of the Lee and New Haven Railroad, in consequence 
of the proposed loan of three hundred thousand dollars 
by the Commonwealth, under cliapter three hundred and 
thirteen of the acts of the year eighteen hundred and six- 
ty-eight, and the supposed renewal thereof b}' chapter three 
hundred and eighty-seven of the acts of the year eighteen 
hundred and seventy : — 

Otis, sixteen thousand dollars; Sandisfield, twenty-four 
thousand dollars ; Tolland, fifteen thousand dollars. 

Ap2)roved April 5, 1882. 

Chap. 36 Resolve providing for the painting of the buildings of the 

STATE primary SCHOOL AT MONSON. 

Resolved, That there be allowed and paid out of the treas- 
ury of the Commonwealth a sum not exceeding twenty- 
five hundred dollars, for painting the buildings of the 
state primary school at Monson ; tlie same to be expended 
under the direction of the trustees of that institution. 

Approved April 5. 1882. 



State primary 
school at 
Monuon. 



1882. — Chapters 37, 38, 39, 40. 



247 



Resolve relating to the wau kecords in the department Chap. 37 

OF THE ADJDTANT-GENERAL. 

Resolved, That the adjutant-general is authorized to con- t^g^dt^partmen" 
tinue the work on the war records in his department, au- of uie adjutant 
thorized by chapter thirty-eight of the resolves of the year 
eighteen hundred and eighty-one, at an expense, during 
the present year, not exceeding two thousand dollars. 

Approved April 5, 1882. 



general. 



38 



children of 
Clement L. 
Capron. 



Resolve in favor of jennie s. capron and the children of Chap. 

CLEMENT L. CAPRON. 

Resolved, That there be allowed and paid out of the Allowance to 
treasury of the Commonwealth to Jennie S. Capron, of clpron^and the 
North Adams, widow of the late Clement L. Capron, who 
was killed at said North Adams on the second day of 
November, in the year eighteen hundred and eighty, by 
the careless switching of the cars of the Tro}^ and Green- 
field Railroad, the sum of three hundred dollars ; and in 
addition thereto, during the period of four years from and 
after the first day of January in the year eighteen hundred 
and eighty-three, should she so long survive, in equal quar- 
terly payments, an annuity of three hundred dollars per 
annum; and in case of her decease or marriage during the 
said term the same shall be paid to the legally appointed 
guardian or guardians of the children of said Clement L. 
Capron. Approved April 10, 1882. 

Resolve in favor of samuel hillman. 
Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth, to Samuel Hillman of North 
Adams, an annuity of one hundred and twent^^-five dollars, 
for the term of five years from the first day of January in 
the year eighteen hundred and eighty-two, for injuries sus- 
tained while employed at the Hoosac Tunnel ; the cause 
of said injury being an explosion of glycerine which had 
been carelessly left by employes of the Commonwealth. 

Approved April 14, 1882. 

Resolve in favor of james burke. 
Resolved, That there be allowed and paid out of the treas- 
ury of the Commonwealth, to James Burke of Turner's 
Falls, an annuity of one hundred dollars for the term of 
five years from the first day of January in the year eigh- 
teen hundred and eighty-two, in equal quarterly payments, 
on account of injuries received in the Hoosac Tunnel while 
in the employment of the Commonwealth. 

Approved April 19, 1882. 



Chap. 39 

Annuity to 
Samuel Hill- 
man. 



Chap. 40 

Annuity to 
James Burke. 



'^48 188'2. — (;iiAi-Ti;us 1 1 , 42, 4:J, 44. 

(Jiap. 41 HkH0I,\ K 1{II.AIIN(J TO TlIK SIcrAKATIO IK )MiK( H'ATIIK: TKKATMKNT 

OV INSANE PKKSON.S. 

IToni(i'0|mllilc TicHdlvrd^ 'I'llilt (llC ^OVdnior Ulld (U)Ullcil 1)(! l(Mlll('St('(l 

inBuiui'.' "" ' ' "" 1<) ('(tiisidcr IIm! (ixpcdiciicy of ])i()vi(liiit,^ scpiUiito lioiiHro- 
j)!illiic tiT.iliiHMil. of iiisiiiK^ jiersoiis uiidci' the care of tliG 
( 'omnioiiwcMllli, who sli;dl d(!sii-o such trcatnu'nt. ; and in 
<!iis(' llicy sli;dl dclciiiiiiic lliaf the same is dosiral)le tliey 
are re(|ii('sl(;d to picsciit lo \\n\ next f^eneral coiirl some 
praxtlicahhi ])laii for 1 he cslaljlishiiicnt of a hospital lor such 
treat men 1, and they may set apart or reserv(! for the j)ur- 
l)os(! the whole or a poi'lioii of any hiiilding belonging to 
the Common weal 111 which is unoccupied or may become 
vacaid durini;' (he present year. 

Approved April 10, 1S82. 



(^/ifin. \'J lii'Soi VI' IN I'woi; oi' nil dis aulkd somhki;^' imimoymknt 

UUIU'.AII. 

iuhmm.,! Hoi lirsolvnl. That, theio be allowed and paid out of tiie 

nnni; iMi'iI'i.i?. trcasuiy of t h(! ( 'ominouwealth to the disabled soldiers' 
employment, bureau, the sum of two thousand dollars: 
provklrd, that, i\\v.H', shall not be; paid to the superintend- 
ent of said bureau, as a salary for the current year, a sum 
exceeding twelve hundred dollars. 

^l])2}roved April I'i, 1882. 

Chap. -V^ Kr.sor-VR in pa von op the state lunatic hospital at danvers. 

i.tiimiir iiuH|.i lirHolvcd, That thei'e bo allowed and paid out of tlie 

'"'"' """^•"' Irciisury of the Connnonweallh to tlu^ trustees of the state 
lunatic hos|iital at Danveis, the sum of twenty-live thou- 
sand dollars, for the ciinenl expenses of said hos|)ital, and 
It) uu'etdclicienccs of the year eighteiMi hundred and eighty- 
oiKi : proridni, thai scveulcen thousand dollars of this sum 
be a])plied to meet said delieicueit'S. 

Apj)roved Mny i, 1882. 



Chop. 44 Kk.solvk in ur.oAKu TO AunirioNAi, cLKKicAL assistance at 

IIIK SI'ArK IMUSON AT CONCOKD. 

(^icrioiii mmhIhi /ii's<ilri(L Thai llie waiden of lln> stale prison at Con- 

I'li'iHoii! *""" cord is ant h(ui/,cd lo employ additional clerical assistance 

for su(di time during the present year as he may tiiid 

necessary, at. an ex|ieiise not exceeding twel\c himdied 

<lolhirs. .Ijtprond Mni/ l\ 1882. 



1882. — CiiAi'TiiKs 45, ir>, 47, 48. ?49 

ReSOLVK in KAVOli (»!' rillC STAI'I'. MINATIC IIOSl'll'A I, A I' lA UN l( )N. (J/l((ff. \i') 

Iicso/rcd, Tliiil. i\\vvc. Uv iillowcd iuid paid out, of Iho i,i„mii« lu.Rpi. 
li-oasury ofllio ( 'oimiioiiwcaltli, to Ww. Iruslccs of (Ik^ sialic iuiuirm.nu.n. 
lunatic liospitul iit 'ramilon, twelve llioiisand livc^ lniii- 
drod dollars, to he ('X|)(>iid('d for I lie foilowint;- |)iir|)os('S : — 
'rvvciity-live liiiiidicd dollars for the eoiiiplctioii of the rear 
extension of tlu^ cenlre hnildinn- of Hit! hospital, aulhoriztid 
by ohapt-er si\l y-i'onr of the resolves of the vear eii^hleen 
hundred and ei^hly-one ; eii^ht ihousaiid dullars for the 
])urehas(! oi' a lra(;t of ahout liv(! aeics of la.nd,\villi the 
l)uildin<i^s thereon, adjoinino- tlui rear boundary line of (he 
grounds of said hospital ; and (he reniaindei' for fenrini;' an<l 
iuijjrovini;- the land so pnrehased. 

.l/i])r(>rv(l A/<ii/ 7, /.s's'i*. 

KkSOI.VK in I'AVoK <l|' llll, S PA I IC I.IINAIIC OoSrirAI. AT Cjidn, 1() 
AVOIJCKSIKIt. 

Jicsolvctl, That there he allowed and paid ont> of the i.mmiio 
treasury of tho Commonweal th to the trustees of the state w7.rc'(!«ior. 
lunatic! h(»s[»ital at VVoruestcr, ten thousand dollars, to bo 
expended lor furnishini;' to said la^spilal additional water 
suj>ply for i)i-ot('eti(»n against, liic and for other jmiposes. 

Approved May •./, lb\S'J. 



RkSOI.VK UKI-AIIVK TO PTSPKNSINO WITH TUK OltADE CUOSSINr.S OK (J/uiJ). 47 
UAILKOAUS IN TIIIC NOUTUKHLY TAltT OK THK OriV OK liOSION. 

Itcnolvcd^ That the board of railroad commissioners bo Uuiir.m<i ni>m- 
directed to in(|uirc iu(o the jiracticability and ex[)i!(lieiu;y p!!rru?K.'.nonii 
of causing all the railroad corporations whoso railroads, j',',''''',.M',i',''rlo»«. 
operated by steam i)ower, entcj' into tlu; iH)rth(!rly |)art, of ihks,,i n.iiromiN 
the city of Boston, to dispense with tlu; grade crossings of pan, i.rH.mu.n, 
su(di railroads; and that, said board report U[)on said sid)- 
jcct to the luixt general court, with sin-h suggestions as to 
suitable legislation to ac(;omplish the purposes indicated, 
cither in whoh^ or in ])art., as t,o said board uuiy seem (sx- 
])edicuit,. Approved May 10^ ISS2. 



IllCSOLVK IN KAVOIC OK lUOlMAS l\ MANKY. Chaj>. 

Jiesolvcd^ That; there be allowed :iiid paid out, of the riionmH k. 
ti'easury of tlu; ("onunonweallh to 4'honias l\ Maney, tin; '^''""> 
sum of three hundred dollars, in lull for labor done at and 
about the stale prison a,t Concord. 

Approved May 10, ISS'J. 

32 



250 



1882. — Chai>t£r,s 49, 50. 



Chap. 49 Resolve in favor of the Massachusetts agkicultdral col- 



lege. 



Massachusetts 

Agricultural 

College. 



Chap, 50 

County taxes 
granted. 



Resolved^ That there be allowed and paid out of the treas- 
ury of the Commonwealth to the trustees of the Massa- 
chusetts agricultural college, nine thousand dollars, to 
be expended under the direction of said trustees in the 
following manner: four thousand dollars for making re- 
pairs on the college buildings belonging to the Common- 
Avealth, and five thousand dollars for the erection of a drill 
house for the military instruction of the students of the 
college. The payment of said sums shall be made upon 
bills for work done and materials furnished for the pur- 
poses herein specified, which shall be approved by said trus- 
tees and allowed by the auditor of the Commonwealth. 

Approved May 12, 1882. 

Resolve granting county taxes. 

Resolved, That the sums placed against the names of the 
several counties in the following schedule are granted as a 
tax for each county, respectively, to be collected and ap- 
plied according to law : — Barnstable, seventeen thousand 
dollars, provided that not less than thirty-eight hundred 
dollars thereof be applied to the reduction of the existing 
debt of said county ; Berkshire, sixty-five thousand dol- 
lars, provided that not less than ten thousand dollars there- 
of be applied to the reduction of the existing debt of said 
county ; Bristol, one hundred and ten thousand nine hun- 
dred dollars, provided that six thousand dollars thereof be 
applied to the reduction of the existing debt of said coun- 
ty ; Dukes, seven thousand three hundred dollars, provid- 
ed 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 thirty-two thousand 
dollars thereof be applied to the reduction of the existing 
debt of said county; Franklin, twenty-eight thousand dol- 
lars, provided that not less than two thousand dollars 
thereof be applied to the reduction of the existing debt of 
said count}^ Hampden, seventy-seven thousand dollars; 
Hampshire, thirty-eight thousand dollars, provided that 
not less than one thousand dollars thereof be ai^plied to 
the reduction of the existing debt of said county ; Middle- 
sex, one hundred and twenty thousand dollars; Norfolk, 
sixty-two thousand dollars; Plymouth, forty-five thousand 
dollars ; Worcester, one hundred and ten thousand dollars. 

Aj)2)roved May 12, 1882. 



1882. — Chapters 51, 52, 53, 54, 55. 



251 



School for 
idiotic and 
feeble-minded 
youth. 



Memorial of 
Col. Robert G. 
S^haw \ipon the 
state house 
grounds. 



Resolve in favor of the Massachusetts school for idiotic Chap. 51 

AND FEKBLE-MINDED YOUTH. 

Resolved., That there be allowed and paid out of the 
trea.sury of the Cominonwealtli to the trustees of the 
Massachusetts school for idiotic and feeble-minded 3'outh, 
four thousand five hundred dollars, to be expended by 
them in providing their buildings with proper facilities for 
security against fire. Approved May 16, 1882. 

Resolve authorizing the placing of a memorial of the Chap. 52 

LATE COLONEL ROBERT G. SHAW UPON THE STATE HOUSE 
GROUNDS. 

Resolved, That the commissioners on the state house be 
authorized to grant permission to the Shaw monument 
committee to place upon the state house grounds an eques- 
trian alto-relief, in bronze, of the late Robert G. Shaw, 
colonel of the fifty-fourth regiment, Massachusetts volun- 
teers. Approved May 16, 1882. 

Resolve providing for the compensation of an additional Chap. Do 

AGENT OF THE BOARD OF EDUCATION. 

Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth a sum not exceeding 
twenty-seven hundred dollars, in addition to the amount 
now authorized by law, to enable the board of education 
to employ an additional agent for the year eighteen hun- 
dred and eighty-two. Approved May 16, 1882. 

Resolve in favor of the state normal school at framing- Chcij). 54 

ham. 

Resolved, That there be allowed and paid from the 
treasury of the Commonwealth, a sum not exceeding one 
thousand one hundred and seventy dollars for blackboards, 
painting and other necessary repairs upon the buildings of 
the state noimal school at Framingham ; the same to be 
expended under the direction of the board of education. 

Approved May 19, 1882. 

Resolve in favok of priscilla freeman. 

Resolved, That there be allowed and paid out of the 
appropriation for the present year for the compensation 
and expenses of the commissioners on inland fisheries, to 
Priscilla Freeman, the sum of five hundred dollars, which 
sum shall be in full of all claims of every kind whatsoever 
of said Priscilla Freeman against the Commonwealth. 

Approved May 19, 1882. 



Agent of the 
board of edu- 
cation. 



Normal school 
at Framingham. 



Chap. 55 

Priscilla Free- 
man. 



2o2 



1882. — Chapters 56,57. 



Chap. 56 Resolve providing for the purchase of paper for the 

COMMONWEALTH. 

Resolved., That on and after the first day of July in the 
year eighteen hundred and eight3'-two the secretary of 
the Commonwealth is authorized to purchase tiie paper 
used in the execution of the contract for the state print- 
ing, at the lowest market prices for the same : pj-ovided, 
that each purchase shall be subject to the approval of the 
governor and council ; and bills for the same, in each case, 
shall be exhibited as vouchers, which shall be audited as 
required by law; and such bills shall be approved by the 
governor and council. Approved May 23, 1882. 



Paper lined 
under contract 
for priming to 
be purchased 
by the secretary 
of the Common- 
■wealth. 



Chap. 



,57 Resolve in relation to the state printing, and contract 

FOR the same. 



State printing; to 
be done under 
contract for a 
term of five 
years. 



Resolved, That the chairman of the committee on printing 
on the part of the senate, the chairman of said committee on 
the part of the house of representatives, the secretary, the 
treasurer, and the auditor of the Commonwealth, the clerk 
of the senate and the clerk of the house of representatives, 
are directed to advertise for proposals for the execution of 
all the printing for the several departments of the govern- 
ment of the Commonwealth, for a term of five years from 
the first day of July in the year eighteen hundred and 
eighty-two, in substantial accordance with the terms of 
the form of contract herewith submitted and made a part 
of this resolve ; they shall take into consideration the cir- 
cumstances and facilities of the several bidders for doing 
the work as well as the terms offered ; they may reject any 
bids received, and they shall award the contract to such 
bidder as in their judgment the interests of the Common- 
wealth may require ; and they may execute such contract 
in the name and behalf of the Commonwealth. Bonds 
satisfactory to the said officers, to an amount not less than 
ten thousand dollars, shall be given by the party to whom 
such contract is awarded, for the faithful performance of 
the contract. 

The contract made by virtue of this resolve shall em- 
brace all of the provisions contained in the following form 
of contract, and such other and further provisions as shall 
be agreed upon by the parties and approved by the gov- 
ernor and council, not inconsistent with any of the pro- 
visions contained in said form of contract. 



1882. — Chapter 57. 253 



FORM OF CONTRACT. Form of con- 

tract. 



This agreement entered into this day of 

A.D. 1882, by and between the Commonwealth of Massa- 
chusetts acting- by the Chairman of the Committee on 
Piinting on the part of the Senate and the Chairman of 
said Committee on the part of the House of Representa- 
tives, the Secretary, the Treasurer and the Auditor of the 
Commonwealth, the Clerk of the Senate and the Clerk 
of the House of Representatives, of the first part, and 

of in the 

Commonwealth, printers, of the second part, witnesseth, — 

1. The parties of the second part promise to and agree 
with the party of the first part that they will, in a prompt, 
faithful and workmanlike manner, do and perform all the 
printing and other work required by the terms of this con- 
tract for the various departments of the government of the 
Commonwealth, from the first day of July, A.D. 1882, 
until the first day of July, A.D. 1887 ; that they will in 
all cases give precedence to the work to be performed and 
furnished hereunder over any and all other similar work 
performed or furnished by them ; that they will perform 
said printing and perform and furnish the work hereunder 
for the said departments, at the following rates and prices 
and upon the following terms, which shall be in full com- 
pensation and satisfaction for all printing and other work 
performed or furnished as herein provided for, to wit : — 

COMPOSITION. 

For all book and pamphlet work whether of one or 
more leaves, cents for each and every thousand ems ; 

for tabular and column work, being that for which the 
workman is entitled to extra pay at the rate of one and a 
half price, cents for each and every thousand 

ems: for rule and figure work, being that for which the 
workman is entitled to extra pay at the rate of double 
price, cents for each and every thousand ems. 

BOOK AND PAMPHLET PRESS WORK. 

For medium size, cents for five hundred copies, 

and at the same rate for fractional parts of five hundred ; 
sizes smaller than medium to rale as medium; for double 
medium size, double the rates for medium size. 



254 1882. — Chapter 57. 



Form of con- PRINTING SUPER-ROYAL WRITING SHEETS. OR SMALLER SIZES LARGER 

tract. 

THAN FOLIO POST. 

For one ream printed on one side, 
For one ream printed on both sides on one form, 
For one ream printed on both sides on two forms, 
For each additional ream printed on one side. 
For each additional ream printed on both sides, 
Additional parts of reams pro rata of the additional 
ream rate. 

PRINTING FOLIO POST SHEETS OR SMALLER SIZES LARGER THAN 
CAP (fourteen by SEVENTEEN INCHES). 

For one ream printed on one side. 
For one ream printed on both sides on one form, 
For one ream printed on both sides on two forms, 
For each additional ream printed on one side. 
For each additional ream printed on both sides. 
Additional parts of reams joro rata of the additional 
ream rate. 

PRINTING CAP SHEETS (FOURTEEN BY SEVENTEKN INCHES), OR 
SMALLER SIZES LARGER THAN NOTE SHEETS. 

For one ream printed on one side, 
For one ream printed on both sides on one form. 
For one ream printed on both sides on two forms, 
For each additional ream printed on one side. 
For each additional ream printed on both sides, 
Additional parts of reams pro rata of the additional 
ream rate. 

PRINTING SHEETS OR PARTS OF SHEETS ONE-FOURTH SIZE OF 
FOLIO POST (eight AND A HALF BY ELEVEN INCHES), OR 
SMALLER. 

For one hundred sheets or less printed on one side. 

For one hundred sheets or less printed on both sides, . 

For each additional one hundred sheets printed on one 
side. 

For each additional one hundred sheets printed on both 
sides, 



1882. — Chapter 57. 255 



EXTRA WORK. frac^"^'""' 



For extra work (except blank work for which no extra 
charge shall be made) caused by changes and alterations 
from copy, cents per hour shall be charged and 

paid, and for work required to be performed at night after 
usual business hours during the session of the legislature, 
cents per hour shall be charged and paid ; for other 
work for which the workman is entitled to extra pay the 
increase of rate shall be in accordance with the rules in 
De Vinne's Price List, edition of 1871 ; which book shall 
also be the authority to determine what work shall class as 
price and a half and double price work, and also any ques- 
tions of a technical character arising under this contract. 
The prices mentioned in this section for extra work are 
to be allowed for each workman so employed, and in addi- 
tion to the prices stipulated in this contract for composi- 
tion and press work. 

2. Said parties of the second part further agree that 
they will fold, stitch, and bind, as directed by the several 
departments of the Commonwealth, all pamphlets and 
other documents which may need it, — the same to be done 
at the lowest market rates as done by first class binders ; 
that they will furnish plans, plates, and engravings, except 
for engraved bonds, engraved checks and work of a simi- 
lar character, when required by any deparlment, also at 
the lowest market rates ; and when either of said classes 
of work is performed or furnished by parties other than 
the parties of the second part, the same shall be furnished 
to the Commonwealth at actual cost and at the lowest 
market prices, and the bills for the same shall in all cases 
be produced as vouchers for such work ; and when such 
work is so furnished by other parties, there shall be allowed 
a commission to the parties of the second part not exceed- 
ing five per centum upon said actual cost and market rates. 

3. And the said parties of the second part further 
agree — 

(a) That all work not herein specified shall be done at 
the current rates of first class printing houses, except 
where the same can be determined prorata by reference to 
the terms of this contract ; 

(5) That jobs properly requiring changes on press shall 
not be charged as separate jobs but by time required for 
changes, and in no case to exceed their price as separate 
jobs ; 

(c) That eighteen quires of writing paper and nineteen 



256 1882. — Chapter 57. 

Form of con- quires of printing paper to a ream shall be returned in 
perfect printed work, and the full number ordered shall 
be made to hold out, — the surplus outside quires to the 
ream to belong to the parties of the second part, for the 
purpose of making the copies hold out as ordered, and 
"waste sheets. Ten per cent, of envelopes and five per 
cent, of cards or other stock shall be allowed to the par- 
ties of the second part, for waste and for making orders 
hold out in full supply ; 

(c?) That the}' will receive the paper or other stock fur- 
nished by the Commonwealth in such quantities as shall 
be convenient for supplying the work in progress, and will 
accept per month in full satisfaction for storage, 

care of and responsibility for safe keeping of the same 
(but not for insurance against fire) ; 

(e) That all rates for press work or printing stated in 
this contract shall include dry pressing and completing in 
workmanlike manner, and delivering, and no extra charge 
shall be made for proofs ; 

(/) And that two hundred and fifty sheets of paper 
printed on one or both sides shall be computed as onl}'' one 
token, and if the number ordered at any time shall be less 
than one token it shall be computed as a full token. 

• 4. The said Commonwealth, by said parties of the first 
part in its behalf, agrees to give to said parties of the 
second part all the printing and other work to be per- 
formed by the terms of this contract for the several depart- 
ments of the government of tlie Commonwealth for the 
term, at the prices, and on the terms and conditions, 
enumerated in this contract; to examine the accounts as 
presented by the said parties of the second part from time 
to time, for the work or materials completed or furnished 
hereunder ; and conditionally, upon the faithful perform- 
ance of the terms of this contract by the parties of the 
second part, to pay said accounts as soon as may be after 
they are audited and a warrant issued therefor, as required 
by law, by the governor and council. 

5. It is understood and agreed that this contract shall 
not apply to or include envelopes with printing upon them, 
letter paper with printed headings, blank books, or any 
forms or blanks used in the various departments of the 
Commonwealth, in which printed matter occurs, unless 
the printing covers one-half or more of the entire surface 
of the sheet; and shall not apply to or include any print- 
ing from such engraved plates as, by the preceding terms 
of this contract, the parties of the second part are not re- 
quired to furnish. Approved May 26 1882. 



1882. — Chapters 58, 59, 60, 61. 25T 

Resolve authorizing an expenditqrk fok exterminating Chap. 58 

CONTAGIOUS diseases AMONG HORSES AND CATTLE. 

Resolved^ That there be allowed and paid out of the contatdoua die. 
treasury of the Commonwealth a sum not exceeding two horses^and^ 
thousand dollars, to be expended under the direction of cattle. 
tlie cattle commissioners for the purpose of exterminating 
contagious diseases among horses and cattle in the Com- 
monwealth. Approved May 26, 1882. 



Resolve providing for painting the state house, and mak- Chap. 59 

ING repairs in and ABOUT THE SAME. 

Resolved, That there be allowed and paid out of the Repairs upon 
treasury of the Commonwealth, a sum not exceeding '^•^'^ ^^"^ ''«"*«■ 
seventeen thousand dollars, for the purpose of painting 
the outside of the state house, and making other necessary 
repairs in and about the same ; to be expended under the 
direction of the sergeant-at-arms and the commissioners 
on the state house. Approved May 26, 1882. 



Resolve in favor of the state prison at concord. Chap. 60 

Resolved, That there be allowed and paid out of the state piuon at 
treasury of the Commonwealth a sum not exceeding '"°"<'°'"''- 
seventeen thousand dollars, to be expended under the 
direction of the commissioners of prisons at the state prison 
at Concord, for the following purposes, to wit : three thou- 
sand dollars for building a stable ; three thousand dollars 
for the disposal of sewage matter ; twenty-five hundred 
dollars for repairs on the prison buildings; two thousand 
dollars for furnishing the residence of the warden; three 
thousand five hundred dollars for a laundry and for im- 
provement of the bathing facilities of the prison ; and 
three thousand dollars for the construction of a, reservoir, 
and for pipe and piping to secure better protection against 
fire. Approved May 26, 1882. 

Resolves for the publication of the reports of cases of Chap. 61 

CONTESTED ELECTIONS. 

Resolved, That the president of the senate and the Reports of 
speaker of the house of representatives are authorized and lest^i^VfiectToun 
requested to appoint two suitable persons, to prepare and to be published, 
publish an edition of the reports of contested elections of 
the legislature from the year eighteen hundred and fifty- 
three to the year eighteen hundred and eighty-two inclu- 
sive, witli a suitable index thereto, and they shall fix the 
compensation of the persons so appointed. 

S3 



258 1882. — Chapter 61. 

Resolved^ That the persons so appointed shall include in 
or append to the publication hereby authorized all opinions 
given by the supreme judicial court relating to such elec- 
tions. 

liesolved. That the number of copies of the publication 
hereby authorized shall not exceed one thousand, and 
shall be distributed as follows ; one copy shall be furnished 
to each public library in the Commonwealth, and one copy 
to each town in which there is no public library, and the 
remainder shall be distributed in such manner as the presi- 
dent of the senate and the speaker of the house of repre- 
sentatives may determine ; and the total expense of prepar- 
ing and publishing said reports shall not exceed the sum 
of twelve hundred dollars. Approved May 26, 1882. 



The General Court of 1882, during its annual session, passed two 
hundred and seventy-four Acts and sixty-one Resolves, which received 
the approval of his Excellency the Governor. In addition to these, 
an Act entitled "An Act to regulate the practise of dentistry," 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 Act, the 
objections of the Governor to the contrary notwithstanding, the same 
was rejected, two-thirds of the members present and voting thereon 
not having voted in the aifii'mative. 

The General Court was prorogued on Saturday, May 27, the session 
having occupied one hundred and forty-four days. 



Governor's Address. 259 



INAUGUEAL ADDEESS 



HIS EXCELLENCY JOHN D. LONG. 



At twelve o'clock on Thursday, the fifth day of January, 
his Excellency the Governor, accompanied by his Honor the 
Lieutenant-Governor, the members of the Executive Coun- 
cil, and ofiicers 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 
figures of which, as well as those relating to other interests 
of the State, have been, as usual, furnished by the respec- 
tive departments to which they relate. 

THE PUBLIC DEBT. 

Amount Jan. 1, 1881 ^32,799,464 00 

Paid Harbor Improvement Loan .... 400,000 00 

Amount Jan. 1, 1882 $32,399,464 00 

SINKING FUNDS. 

Amount Jan. 1, 1882 !|14,285,781 64 

Amount Jan. 1, 1881 13,050,192 20 

Increase 11,235,589 44 



260 Governor's Address. 



COMPARATIVE RESULTS. 

1881. 1880. 

Ordinary expenses . . . |1, 601, 501 98 $1,594,174 89 
Exceptional expenses . . . 5,240,875 08 4,532,258 68 

Totals $6,842,377 06 S6, 126,433 57 

Deduct corporation and national 
bank taxes returned to cities 

and towns .... 2,243,437 51 2,038,895 69 



Actual expenses . . . f 4,598,939 55 $4,087,537 88 

ESTIMATES. 

1883. 1881. 

Payments for all purposes . . $4,670,905 00 $4,337,912 00 

Receipts, including cash on hand, 3,965,334 39 4,120,357 06 



Deficit $705,570 61 $217,554 94 

There will be required a tax of a million dollars, and, if 
the appropriations exceed the estimates to the same extent 
as happened last year, half a million more. With our 
great debt, the low rate of interest at which our sinking- 
funds are at best invested, and the heavy burden of neces- 
sary expenditures, the most careful economy must still be 
exercised. 



SAVING INSTITUTIONS AND COUNTY ACCOUNTS. 

At I per cent, the tax on deposits in savings banks, less 
the exemptions allowed by law, amounted in 1881 
to $1,613,606 34 

At ^ per cent, under existing laws which partially 
take effect in 1882, the treasurer .estimates that it 
would have been ...... 1,196,238 86 

At ^ per cent, under existing laws which go into full 

effect in 1883, it would have been . . . 933,722 90 

It should be said that the two latter amounts include the 
tax collected of national banks on shares owned by sav- 
ings banks, and are therefore liable to diminution. 

This is a rapid decrease, which, of course, must add in 
the same ratio to the State tax. To increase that is "to 
insure an early re-action upon the deposits in the savings 
banks as the most accessible subject of taxation. 

The above results, however, are liable to variation by 
increase or decrease of deposits, and by changes in invest- 
ments. The exemi^tions hereafter allowable ujuler existing 
laws cannot therefore be anticipated with anj' certainty. 



Governor's Address. 261 

In order to save all question of the character of the tax as 
a franchise tax, to avoid the uncertainty of exemptions, 
and to simplify the whole matter, it has been suggested 
that the tax be made one-third of one per cent, upon the 
whole amount of deposits, allowing no exemptions what- 
ever. 

Some statistics of the savings banks are as follows : — 

Oct. 31, 1881. 

Amount of deposits, $230,444,479.40; increase, $12,396,556.73 

Number of depositors, 738,951; increase, 32,556 

Number of banks, 165; increase, 1 

Number of co-operative saving- > ^g i^^rease, 2 
fund and loan associations, \ 

The condition of these banks and associations is gener- 
ally satisfactory. In view, however, of the liabilities of 
shareholders in national banks to assessments of one hun- 
dred per cent, of their stock in case of loss, I indorse the 
recommendation of the commissioners, that savings banks 
be prohibited from investing more than one-quarter of 
their deposits in national bank stock. The Commonwealth 
has, of course, no power to inspect or examine national 
banks. 

The method of keeping county accounts continues to 
improve. It is a suggestion worth considering, whether 
the House committee on County Estimates might not be 
made a joint committee to consider county affairs. As our 
counties increase in population, and their receipts and ex- 
penditures become more extensive, it would be well if they 
could have something of the same relation to their officials 
and finances which towns now have directly with theirs 
through town-meetings, or rather the people of the Com- 
monwealth or of cities with theirs through representation. 

HOOSAC TUNNELL AND TROY AND GREENFIELD RAILROAD. 

I refer you to the manager's report for details of the 
business, construction, receipts, and expenditures of the 
Hoosac Tunnel and Troy and Greenfield Railroad during 
the year ending Sept. 30, 1881. The business has very 
largely increased, though, as has been the well-known case 
with all through lines, the rates have been extremely low. 
The construction account is $345,584.91, and covers the 
completion of the central shaft, the depot at Greenfield, 
the settlement of various land damages, and other items 
under the legislation of some years ago, but more especially 
the sidings, yard-facilities, and double-tracking of more 



262 Governor's Address. 

than half the line, under the legislation of last year. The 
receipts were -1245,457.42 ; the operating expenses, $183,- 
296.41. 

The policy of the road is settled for the present ; and I 
know of no legislation required, except the necessary ap- 
propriation under the Resolve of 1881 which provides for 
the double-tracking of the entire line in three years. More 
than half this in length — twenty -four miles out of the forty- 
four — will, it is estimated, be completed the first year. 
The rest, however, is far more expensive, by reason of ex- 
ceptional rock-cutting, bridges, etc. ; and the cost of it is 
estimated by the manager at f*514,552 for the second and 
third years. An appropriation by you of one-half this sum 
will therefore be necessary, against the sum of 8324,500 
appropriated last year, of which 8200,000 was for double- 
tracking, and the remainder for sidings, arching, etc. 

I will not repeat, — because I can perhaps put it no bet- 
ter, — but I renew, and specially ask you to recall and 
consider, my suggestions of a year ago concerning the duty 
of the Legislature to provide a method by which the right 
of the Troy and Greenfield Railroad Company to redeem 
this property may be exercised. Justice and the honor of 
the Commonwealth require that this provision should be 
made, whether the mortgagors avail themselves of it or 
not. The good name of Massachusetts might suffer, were 
no remedy at all provided. It will not suffer, if, when a 
remedy is provided, the mortgagors decline to pursue it 
only because it secures her rights as 'well as theirs. Some 
of the considerations and limitations which should guard 
your legislation in this respect are also in my last year's 
message. 

In connection herewith I have received from His Excel- 
lency the Governor of Pennsylvania a letter enclosing a 
petition, with exhibits, of certain citizens of that State, 
stockholders in the Troy and Greenfield Railroad Company, 
and asking my co-operation in procuring an adjustment of 
their demands against this Commonwealth. I herewith 
transmit to you the said letter and the enclosures accom- 
panying it, together with a copy of my reply thereto. 

NEW yOllK AND NEAV ENGLAND RAILKOAD. 

The control of the New York and New England Railroad 
has practically passed from the Commonwealth, which now 
owns but a small minority of the stock. Strong men have 
it in hand. Its prospects were never better; aiul, though 



Governor's Address. 263 

large expenditures must still be made to perfect it, there is 
reason to count on its future appreciation and ultimate 
great value. But, as a road which does not yet pay a divi- 
dend, it does not belong to that class of securities in which 
the public funds should be invested. The purpose of 
helping a public enterprise, for which the Commonwealth 
originally loaned its aid, has been accomplished; and I 
recommend, therefore, that authority be given to sell its 
stock in. this road. It is, of course, abundantly able to 
carry its stock, now that it is up, as it did so long while it 
was down, and care should be taken to avoid yielding it 
at a figure temporarily depressed ; but it certainly is not 
right that the Commonwealth — its hands tied by its own 
Legislature — should be the only stockholder that cannot 
sell its shares at howsoever advantageous a price, or should 
leave itself in a position, where, after your adjournment, 
no power exists in any of its departments or officials to 
make or even consider a good bargain. Put the power of 
selling in such keeping as you think wisest ; secure it with 
every safeguard ; do not let it be used to irritate the 
market, or injure other shareholders; bat if, by improving 
good opportunities, the 3'1,750 shares belonging to the 
Commonwealth can at any time be sold for a price at which 
the stock has been already quoted, and two and a half or 
three millions of dollars can thereby be put into our sink- 
ing-funds, thus substantially relieving our annual interest 
account and tax-rate, provision should be made by you to 
that end. 

I recommend this sale, also, upon the principle, with 
reference to railroads generally, of separating the Common- 
wealth from all railroad partnerships. Such alliances 
always are, or are liable to be, entangling, embarrassing 
to legislation and the public finances, and satisfactory to 
neither party. Unless Government is to assume the busi- 
ness of railroading, it is better to leave it altogether to 
private enterprise. 

THE OLD STATE PRISON PROPERTY. 

New and additional leases of portions of the old State 
Prison property in the Charlestown district of Boston have 
been made, and the annual receipts increased from less 
than $6,000 to more than $11,000. In addition to the 
land sold to the Fitchburg Railroad Company for $49,- 
791.50, another strip six feet wide has l)een sold to the 
Eastern Railroad Company for $3,248. Both sums have 
been paid into the treasury. 



264 Governor's Address. 



THE STATE PRINTING. 



The existing contract for the State printing will expire 
in July next. It is not drawn with sufficient clearness or 
care. I called the attention of the Legislature of 1880 to 
the differences which liad persistently arisen between the 
Governor and Council of 1879 and the State printers as to 
its construction, especially as to binding, and whether 
"• cost," at which the paper was to be furnished, should, in 
addition to the price paid for it, include also cartage, in- 
surance, interest, handling, etc. That Legislature settled 
the matter by granting an allowance for these charges of 
one cent a pound. To avoid a similar necessity in the 
future, to leave no room for any construction which will 
permit excessive charges upon one item to offset losses 
upon another, — as the present State printers claim had 
been the case under former contracts, thus misleading 
them, — and to insure good quality and also prompt 
execution of the work, the new contract for which you 
will provide should be specific, detailed, accurate, and full 
in every particular. The compensation for binding should 
be made exact, and beyond question. Those bidding for 
the contract should specify each item. And I again 
recommend that the Commonwealth should itself buy the 
paper upon bids in the open market, deliverable to the State 
printers as may be required. This plan will be most 
economical, and will relieve both parties from the trouble- 
some questions of the additional charges above referred 
to. I am told that the city of .Boston has a contract for 
its printing well drawn and worth consulting. 

STATE HOUSE REPAIRS. 

The commissioners, charged with making the improve- 
ments in the basement of the State House authorized 
by the last Legislature, submitted to the Governor and 
Council contracts amounting to •*38,150 as substantially 
covering the whole work. These were approved, thus 
leaving $6,850, which was reported as sufficient to meet all 
remaining expenses. No further contracts liave been sub- 
mitted for approval ; but the commissioners have taken the 
responsibility, finding the condition of the basement worse, 
and the authorized improvements involving more extensive 
repairs than were foreseen, of incuning a liabilit}' of 
nearly $17,000 in excess of the $45,000 appropriated. For 
the items, the necessity, and the satisfactoriness of the 



Governor's Address. 265 

work done, I refer you to their report, made, as required 
by law in case of such excess, to the auditor. While they 
have incurred this liability in excess of the appropriation 
and contrary to the Resolve, yet it is just to say that the 
repairs were necessary, and have been thoroughly done. 
If on examination you shall find that any of the charges 
for extra work should be included in those covered by the 
aj)proved contracts, they should be disallowed ; but other- 
wise the bills should be paid. There is the compensation 
of hoping that by these improvements the question of a 
new State House, equally magnificent in proportions and 
in cost, has been put a third of a century further oiT than 
before. 

PRISONS AND CHARITIES. 

A good word can again be said for the Reformatory 
Prison for Women at Sherborn. 

A new warden has been appointed at the State Prison 
at Concord ; the discipline is firm, humane, and satisfac- 
tory ; a creditable saving has been effected, and there is a 
cheering promise of continued improvement. A fresh 
coat of paint in the cells, and a thorough cleansing through- 
out, are still needed. The number of employes, and their 
salaries, are now fixed by law. For the sake of economy, 
as well as convenience, there should be some discretion in 
this respect given to the warden and prison commissioners, 
subject to maximum limitations. Such a statute was 
passed last year, I think, in respect to the Reformatory 
Prison for Women. 

The law has lately been so changed as to authorize long 
periods of restraint for habitual criminals, especially those 
addicted to intemperance. Illustrating the importance of 
this, is a recent report from the Boston House of Industry, 
which shows that in four months more than sixteen hun- 
dred persons were recommitted there, hundreds of them 
for the second or third time, scores for the twelfth or over, 
and one each for the seventy-second, the seventy-first, and 
the seventieth time. Of a different class are the recommit- 
ments to the State Prison for more serious offences. 
During the past year twenty-four criminals were sentenced 
to that institution who had been there before, some of 
them for the third or fourth time. The recommendation 
of the prison commissioners, that these criminals who 
make crime a profession should be sentenced to police 
supervision when their terms of imprisonment expire, 
ought to be adopted, with proper provision, of course, for 

34 



266 Governor's Address. 

making certain the fact of their habitual or professional 
criminality. I am informed that this system has been 
successful in other countries. 

Our penal and charitable institutions are scattered in 
place, and therefore do not enjoy the uniformity of ad- 
ministration and economy that might otherwise obtain. 
The expenses have been in some cases more than were 
estimatecl, on account of the rise in the price of supplies. 
It is desirable to inquire whether any better system of 
furnishing these can be devised. 

The Reform School for Boys has been long out of joint. 
In my opinion the system is at fault. What should be 
a school has been a sort of house of correction. It should 
be restored to a school, — a well-disciplined and reforming 
school. Fix the maximum age for entrance at fourteen 
years, and have no boy remain there longer than is usual 
in other schools, which is three or four years. He 
should then come away exactly as from any other gradu- 
ation. If his stay has reformed him, he is so much better 
fitted, like other graduates, to enter the world. If it has 
not reformed him, it is sufficient evidence that he is not in 
the right place. He may afterward do mischief; but, if so, 
he becomes liable, like all other citizens, to the punish- 
ments which follow crime. Besides, a three or four years' 
commitment is a severe sentence for an adult offender. In 
justice even to a bad boy, why should he, for truancy or 
boyish mischief, be sent to a reformatory for a longer term 
than that for which a professional robber or house-breaker 
is oftentimes sent to the State Prison ? Remember, too, 
that many a lad goes to the reform school, not so much 
from fault on his own part as the inability or incapacitv 
of parents or guardians to keep him usefully employed and 
out of idleness. Superintendents and trustees alike testify 
that boys who are kept in the reform school year after 
year, for six, eight, ten, or twelve years, till nearly or 
quite of legal age, and kept there because too bad to be 
discharged or bound out to labor, are not, on the one hand, 
benefited by staying, and, on the other, only disseminate 
the worst evils among their younger associates. Make 
this, therefore, a school with good wholesome discipline, 
instruction in manual labor, and out-of-door work on the 
farm. Discard the ])rison-bars, abandon the cells, and 
have a home. Let the trustees still have the power of 
discharge. Jf during the three or four years' course a boy 
is utterly incorrigible, let there be an alternative sentence 
or power in the trustees to transfer him to the house of 



Governor's Address. " 267 

correction for the remainder of his term. If, on the other 
hand, he improves, and a place can be found for him in 
useful labor elsewhere, let him have the opportunity. It 
is well recognized that the main object of such public 
institutions is to be but a probation, where those who come 
shall remain only till they can find occupation in the 
regular channels of life ; and the sooner they are in them 
the better. An institutionized boy or man is not a valu- 
able contribution to society. 

The number of inmates at the Reform School, reported 
last week at only one hundred and seventeen, is so small 
that it should be transferred from Westborough, thus leav- 
ing the fine farm and the buildings there for some other 
use. It is suggested that it should be transferred to the 
land and buildings at Lancaster, which would well accom- 
modate it, but which are now appropriated to the Indusr 
trial School for Girls. There were forty-six girls in this • 
institution a week ago, their number also having great- 
ly decreased, and no longer justifying so large a per capita 
expense for their maintenance. I am not prepared to ad- 
vise where to transfer these girls, — whether to Sherborn, 
or Monson, or elsewhere. Their number can perhaps be 
still further reduced by continuance of the judicious bind- 
ing-out now practised ; and there is reason to believe that 
some of them who have given the least evidence of ref- 
ormation might be placed in the Reformatory Prison for 
Women. As a locus for the rest, Monson does not strike 
me favorabl3^ Of Sherborn it is to be said that the re- 
formatory institution now there is exclusively for females ; 
that so far as the economies of food, fuel, clothing, guards, 
labor, etc., are concerned, it could furnish them to a great 
extent with its present facilities ; and that without putting 
the industrial school within its walls, and so in any way 
mingling the two classes of inmates, it might be placed in 
the immediate vicinity, and made a more accessible agency 
for transfer to homes. 

With regard to the insane I can only repeat the views I 
expressed a year ago. Their number increases, and the 
elimination of Westborough or Lancaster would afford 
them added accommodation if needed. I again commend 
provision for the criminal insane in a separate institution 
thus relieving the innocent from the reproach and danger 
of criminal association. The increase of the insane is es- 
timated at two hundred a year. At this rate new accom- 
modations, in addition even to Westborough, will soon be 
necessary, though not during your term of service ; and 



268 Governor's Address. 

some general plan should be kept under consideration, 
looking always toward more definite classification. The 
criminal insane separately provided for, the next new hos- 
pital might well be devoted to curable cases, which are not 
a large percentage of the whole number. 

On the whole, as to our public institutions for the in- 
sane, the poor, and the convict, their administration is an 
evidence of the advancing humanity and intelligence of 
the age. Those in charge are generally faithful, and de- 
voted to their duty, and alive to improvements in methods 
and economy in maintenance. Hardly anywhere more 
than in these institutions, whether for charity or for cor- 
rection, is recognized the public demand that the citizen, 
however humble, or poor, or offending, shall have the rights 
and treatment to which he is entitled. That this fact, so 
creditable alike to the Commonwealth and these her in- 
stitutions, may be more and more characteristic of them, 
I cordially approve the application to them of every means 
of thorough and intelligent inspection. Any other would 
only work harm. 

It has happened. I am informed, that insane persons 
escaping into Massachusetts from an insane-asylum in 
another State have been arrested and returned without 
process of law or hearing. In the absence of a statute to 
regulate such proceedings, one should be enacted as a safe- 
guard to personal liberty. 

EDUCATION. 

The cause of education is always in danger of suffering 
from our very familiarity with its presentation. Education 
is not a mere fine word. It means the equipping of youth 
with intelligence and the means of livelihood. It means 
safeguards against poverty, crime, and barbarism. It rec- 
ognizes the value of every human soul. It is the glory of 
a democracy. 

The Board of Education are doint; orood work in its 
behalf. They are awakening public interest by numer- 
ous institutes and teachers' meetings. I trust you will 
co-operate with them. At least two more agents should 
be authorized to aid in arousing and helping our towns, 
especially those in which the support of the public school 
is a heavy tax, to give a good Mew-England education to 
their boys and girls. There are some places where there 
has been a falling-off in this respect. 

In this connection, too, I renew my suggestion that pro- 



Governok's Address. '269 

vision be made as fast as possible for briiiging all our pub- 
lic schools under intelligent and advanced supervision, — 
not supervision in the sense of that control which our 
towns will never part with, but in the sense of the contact 
and encouragement, which, either in each town by itself or 
in a cluster of towns contributing together, would come 
from the services of a competent and inspiring man. 

With the danger always of an increase of idler hands 
as well as of higher education, there is a growing interest 
felt in industrial schools. It would certainly be fortunate 
if the influence of such institutions as the Institute of 
Technology and the Free Industrial Institute could be ex- 
tended to the common schools, and the educated faculties 
of the child be directed toward those industrial arts to 
which he must look for a livelihood. 

It is claimed that what remains of the school-district 
system should be abolished : 

Also that each city and town should have power to fix 
the term of service of its teachers. This would give sta- 
bility, and, with power of removal, could work no harm. 

AGRICULTURE. 

It has been a good year for the farmers. Their inter- 
est is one which deserves to be fostered by the Common- 
wealth. Their demands are modest. One of them, which 
I cordially recommend, is for an experimental station for 
practically testing the application of advanced scientific 
methods to agriculture. 

Perhaps some plan can be devised whereby our county 
societies shall get more benefit than at present from the 
bounties given them by the Commonwealth. Without 
much knowledge on the subject, I suggest that in some 
counties there are too many societies, and that the Es»ex 
plan of one societ}', perambulating from one town one 
year, to another the next, and therefore always novel and 
welcome and representative, seems to be the most suc- 
cessful. 

A farmer, prepared and able to defend his flocks, tells 
me that last year he sold thirty lambs for three hundred 
dollars. This ought to mean a better cash revenue lor our 
farmers, the restoration of abandoned farms and farm- 
houses on our hillsides, and increased taxable property for 
our agricultural towns. Dogs forbid. The !<ame farmer's 
townsman, a poor man, invested his small savings in sheep, 
only to find part of them killed by dogs, and the rest made 



270 Governor's Address. 

■worthless by fright, and then was obliged to wait a year 
for only partial compensation. Having nothing but the 
law to rely upon, he was forced to abandon sheep-raising. 
The present dog-law is next to good for nothing. It does 
not save sheep from the ravages of dogs, and it compels 
the county to assume and pay — too late — the damages 
which should be paid by their owners. If you can remedy 
this evil, you will make sheep-raising in Massachusetts a 
profitable and large interest, beneficial in more than one 
direction. 

The Agricultural College is in good condition. It is 
suggested that a portion of its land might well be sold. 
To increase the number of its scholars, and bring an in- 
terest in it home to all parts of the Commonwealth, it has 
occurred to me that each agricultural society receiving 
the usual bounty of six hundred dollars from the public 
treasury should appropriate a small part of it — less than 
a hundred dollars — toward maintaining at the college a 
scholar from its own limits. As a matter of economy, 
some of the buildings should be repaired. 

RAILROADS. 

I earnestly repeat my conviction that a law which per- 
mits private property to be taken for a railroad without 
the owner's consent, and without the decision first made 
by some impartial tribunal that such taking is a public 
necessity, is contrary to the constitution and to justice. It 
should be amended at once, unless you hold that there 
are no private rights left which a corporation is bound to 
respect. 

It is generally held in this country that common car- 
riers, including railroad companies, are bound to render 
to all j)ersons equal service upon equal terms, and .that 
contracts giving to one person lower terms than are given 
to another for the same service ought not to be permitted 
on the part of corporations which enjoy their great powers 
only on the ground of their public usefulness. If the law 
of Massachusetts differs in this respect from that of other 
States, as I understand is the decision of our courts, it 
ought to be amended. 

Both in justice to railroad employ<^s and for the safety 
of travellers, it should be provided that the examination 
for color-blindness and other defective sight, required by 
the Act of last year, be made by persons whose competency 
is beyond question. The statute is too loose in this par- 
ticular. 



Governor's Address. 271 



HARBORS AND PUBLIC LANDS. 

The reclamation of the Commonwealth flats at South Bos- 
ton is in good progress. About 135 acres will be available 
for occupancy as soon as piers can be built. 

No settlement under the Resolve of last year has yet 
been made of the claim against the Boston and Albany 
Railroad. The attorney-general, however, anticipates its 
settlement without a trial in court. 



INSURANCE. 

In relation to assessment or co-operative insurance, which 
is now extensively transacted by a large and increasing 
class of organizations known as educational, religious, 
charitable, and benefit, I am advised that, in the interest 
of honest management and public safety, some additional 
legislative safeguards are necessary, especially in view of 
recent abuses in other States. 

The entire Massachusetts insurance for the last five years 
is $3,760,583,892, the premiums amounting to $67,601,667. 
Of this business, which is about one-ninth of that trans- 
acted in the other States, the Massachusetts companies 
transacted nearly one-third, foreign companies receiving 
over 141,000,000 in premiums. 

THE MILITIA. 

The organization of the militia remains the same. The 
expenses for 1881 amount to some 1132,600, against $135,- 
125 for 1880. 

I believe there were never better encampments of militia, 
in gvery respect, than those of the troops in this Common- 
wealth during the past year. 

The spring training-day should be restored as the time 
for the detailed inspection. 

Gen. Schaff, of my staff, has submitted to me an impor- 
tant paper upon the necessity of a regiment of heavy artil- 
lery. For interior service our troops are well prepared ; 
but the whole seaboard of the country is almost defence- 
less against the gunboats of foreign nations, which could 
put them into our ports at ten days' notice. The entire reg- 
ular artillery force of the United States is not enough to 
garrison the forts of New- York harbor. There is not a 
heavy artillery regiment in the militia of any State. Let 
Massachusetts set the example of one. It was at first sug- 



272 Governor's Address. 

gested that a new regiment be formed; but this you would 
not authorize on account of the cost. It would be better 
to make one of our existing regiments a heavy artillery 
regiment. It would add little to the military expenses. It 
would introduce a novel, instructive, and protective fea- 
ture. It would train our soldiers in the use of heavy ord- 
nance and in the manning of forts. Cannon and equipments 
would be needed, and also a barbette battery at the camp- 
ground at Framinghani. It is Gen. Schaff's opinion that 
the national government, in view of the value to the whole 
country of such a regiment, both in itself and as an example 
to other States, would be induced to furnish cannon and 
other equipments, and to aid in erecting such a battery, 
and would permit our companies occasional practice in 
the forts in Boston harbor. I shall be happy to put Gen. 
Schaff's communication in the hands of your Committee 
on Military Affairs. 

The interesting report of the surgeon-general is com- 
mended to your attention. 

NEW APPORTIONMENT OF CONGRESSIONAL DISTRICTS. 

It will be your duty to make a new apportionment of 
the Commonwealth into congressional districts. I call 
your attention to Gov. Andrew's message upon the uncon- 
stitutionality of requiring a congressional district to elect 
one of its own inhabitants as its representative. 

LIQUOR LEGISLATION. 

With continued observation of the crime, insanity, and 
pauperism caused by intemperance, filling our public insti- 
tutions, and making heavy the burden of taxation, ray 
sympathies are still more with that great body of men and 
women throughout the Commonwealth, who, having its 
best interests at heart, believe that the remedy of the evil 
must sooner or later be found in the line of its substantial 
prohibition, or, till then, in the sharpest restriction of it 
possible, and who cannot reconcile themselves to giving it 
the sanction of the State. A healthier sentiment and prac- 
tice in this matter continue to grow among good citizens, 
however much they differ as to remedial measures. They 
agree that the dram-shop must be rooted out, alike in the 
interest of good morals and the material welfare of the 
people; and public opinion is ripe for the enforcement of 
laws for its suppression. That the)' are not enforced is 



Governor's Address. 273 

itself a vice and a shame. If the advocates of the license 
system would put the vigor which they now exert in secur- 
ing its adoption and maintenance into the enforcement of 
its restrictions and penalties, they would make a better 
and more consistent case. Other special laws, such as the 
labor, the revenue, and the school laws, are enforced ; and 
while the State has no special detail for enforcing the 
license law, as there is for enforcing those laws which I 
have just enumerated, and while I would not re-instate 
the unsatisfactory constabulary of a few years ago, I re- 
new my suggestion, which is stated at length in my mes- 
sage of last year, that the chief of the present State district 
pohce have authority 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 special 
duty. Unless this or some other means is provided, there 
is nothing left but a metropolitan police for the Common- 
wealth, which met the commendation of Gov. Andrew, 
and which would make all our police the creation of the 
State. This would be in accord with the original spirit 
of our constitution, by which sheriffs were the appointees 
of the Executive of the Commonwealth. Since the con- 
stitutional change, by which these are now elected by the 
people rather than appointed by the Governor, he has no 
executive civil force except the State district police, num- 
bering sixteen men, most of whom — some by law — are 
assigned to special work. 

WOMAN SUFFRAGE. 

I repeat my conviction of the right of woman suffrage. 
If the Commonwealth is not ready to give it in full by a 
constitutional amendment, I approve of testing it in muni- 
cipal elections. 

The recent judicial decision that women cannot practise 
as attorneys-at-law has also raised the question whether 
they can serve, as some are now most usefully serving, 
upon public statutory boards, except whej:e expressly so 
provided by law. The decision necessitates legislation. 

EXECUTIVE COUNCIL AND HEADS OF DEPARTMENTS. 

I still am convinced of the advantage and economy of 
an executive council, composed of the elective heads of 
departments rather than as now constituted, and of giving 
them seats in the Legislature, with no vote, but with the 
right to speak upon questions affecting their departments. 

35 



274 Governor's Address. 



THE COURTS. 



The removal of all actions of tort from the Supreme 
Judicial Court is already relieving it. If further relief is 
necessarv to expedite its business, causes of divorce, mar- 
riage, and alimony, and some title in equity like that of 
partnership or mortgages, could also be transferred to the 
superior court. I certainly would not advise an increase 
of the number of judges. In that respect there is no lack. 

We have also a good system of inferior courts, with 
many able judges, the jurisdiction of which could be in- 
creased. 

It is for you to consider whether the system of district 
courts, which is more likely than that of numerous trial 
justices to secure judicial strength, and also, it is claimed, 
to lessen expenses and petty litigation, and which works 
successfully in many parts of the Commonwealth, should 
not be extended further. 

CAPITAL PUNISHMENT. 

I renew my protest against the barbarism, inefficiency, 
and peril to innocence, of capital punishment. Failing its 
abolition, I earnestly urge you to leave to the jury — the 
best and safest of tribunals — the question of its intliction. 
This will make conviction surer, will meet more fully the 
circumstances of each case, and while still preserving the 
terror of the deatli-penalty, if there be any virtue in that, 
will be moTe in harmony with the humane spirit of the 
age. The pretence of insanity will not then succeed, as 
it now too often does. Should you abolish the death- 
penalty, you might substitute for it the severest form of 
imprisonment. Let me remind you, quoting the substance 
of another's summarization, first, that the present uncer- 
tainty of the death-verdict lessens the deterrence of the 
death-penalty; second, that, with its abolition for smaller 
offences, their number, in proportion to the increase of 
population and the facilities for their commission, has 
diminished ; and, third, that in civilized communities, 
where it has been totally abolished, murders have not 
become more frequent. Rhode Island is an instance. 
Statistics show also that the pardoning jiower is not abused 
in relation to sentences for murder in tlie fust degree when 
commuted from death to imprisonment for life. 



Governor's Address. 275 



ELECTIOlSr RETURNS. 

Legislation is still needed, as I last year suggested at 
length, to prevent the errors which occur in election 
returns. 

STATISTICS OF DIVORCE. 

Provision should be made for incorporating the statistics 
of divorce with those of marriage in the annual registra- 
tion report. 

LAND FOR THE UNITED STATES FISH COMMISSION. 

I recommend in the public interest that provision be 
made for ceding land to the United States for a station for 
its fish commission. 

GENERAL LAWS. 

It is a suggestion derived from the experience of the 
commissioners who have just revised the Public Statutes 
that there should be a permanent officer — perhaps the 
assistant attorney-general — to edit the general laws of 
each session, and also to prepare from year to year, and 
keep on hand in manuscript, for the use of the Legislature, 
just such a consolidation of the general laws, with marginal 
notes and other details, as is now, at great cost and delay, 
made at long intervals. The special knowledge of such 
an officer would be of much value in preventing redundant 
or inconsistent legislation, and in securing a clear, concise, 
and uniform style in the drafting of statutes. But his 
best service would be, that when, fifteen or twenty years 
hence, it shall become desirable to print and publish a 
revision of the statutes, that work will be already done, 
and can be submitted at the beginning of any year for 
consideration or adoption by the Legislature in its regular 
session ; thus, perhaps, avoiding the great expense of an 
extra session, as well as that of a special revision by special 
commissioners. 

My experience convinces me that a great deal of the 
special legislation now granted as a matter of course can 
be saved by general laws. Let us have a general law, — 

For supplying municipalities with pure water ; 

For city charters ; 

For the payment of damages for the public use of 
private property ; 

For changing the names of corporations and societies ; 



276 Governor's Address. 

For ratifying the doings of civil officers who have omitted 
to take the qualifying oaths ; 

And for such other cases as your experience and the 
perusal of the Blue Book will suggest to you. 

PILOTS. 

There should be, too, a general law concerning pilots 
and pilotage. There is no uniformity in the present stat- 
utes, one port having one system, and the next another. 

FORESTS. 

In view of the interest awakened in the Middlesex Fells 
and other natural parks, which cannot too soon be secured 
from destruction, I recommend a general act for the pres- 
ervation and reproduction of forests. 

REVISION OF THE GENERAL STATUTES. 

Provision should be made for the sale of type, which, 
under the authority of the last Legislature, was bought for 
printing the revision of the Public Statutes. It is now iu 
the hands of the State printers. 



Senators and Representatives. 

Intrusted with the people's money, we have no right to 
appropriate a dollar of it except for their necessities : let 
us apply that test to every expenditure. At great cost 
and with great care the Public Statutes have just been 
revised : let us be brief. The moral sentiment of the 
community was never more exacting: let us respect it. 

Confident of your fidelity to the public interest in these 
and all other directions, I tender to you, the tAvo branches 
of the Legislature of Massachusetts, the cordial co-opera- 
tion of her Executive in hearing the causes and making the 
laws of her people. 



Special Messages. 277 



SPECIAL MESSAGES. 



THE FOLLOWING SPECIAL COMMUNICATIONS "WERE MADE BY HIS 

EXCELLENCY THE GOVERNOR TO THE LEGISLATURE 

DURING THE ANNUAL SESSION. 

[To the Senate and House of Representatives, Jan. 9.] 

I have the honor herewith to present, in compliance 
with chapter 50 of the Resolves of 1860, a report of the 
pardons issued by the Governor and Council during 
the year of my administration just passed. The number 
of convicts thus discharged is forty-eight, of whom sixteen 
were in the State Prison, one in the Reformatory Prison 
for Women, twenty-nine in houses of correction, one in 
jail, and one in the House of Industry. Fatalor extremely 
dangerous sickness was the controlling reason for pardon 
in fifteen cases, and information has been received of the 
death of eight of the persons so pardoned. 

With two exceptions, 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 by imprisonment, he should be 
held to serve out the remainder thereof. 

No, 1. Clarence A. Roberts. Convicted, October, 
1880, Superior Court, Middlesex County, of fornication, 
and imprisoned for non-payment of fine of thirty dollars 
and costs. Discharged, rather than pardoned, Jan. 26, 1881, 
at request of the sheriff, it appearing that the convict had 
served the three months required by law, and would have 
been entitled to his discharge but for the failure of the 
clerk of courts to issue the mittimus at the proper time. 

No. 2. Elbridge G. Smith. Convicted, August, 1879, 
Superior Court, Franklin County, of breaking and enter- 
ing, and sentenced to House of Correction for two years 
and a half. Pardoned Feb. 2, 1881, at the request of the 
district-attorney and unanimous recommendation of the 
grand jury, because he saved the life of the turnkey when 
the latter was attacked by a desperate convict. 



278 Special Messages. 

No. 3. Orlando C. Brown. Convicted, October, 1871, 
Superior Court, Suffolk County, of a forgery involving 
only forty dollars, and yetsentenced to the State Prisoifor 
sixteen years. He was conditionally pardoned in Aug.ist, 
1875, on the ground that his sentence was excessive, and 
he Imd been punished enough. Afterwards, while int:)xi- 
cated, he committed another offence for which he was 
committed, thus breaking the conditions of his pardon. 
When, therefore, the second sentence exj)ired in November 
last, the warden detained him, and has since detained him, 
upon the original sixteen years' sentence. He is now 
discharged (Feb. 2, 1881), because if his original pardon 
was just, as it seems to have been, on the ground of ex- 
cessive sentence and already sufficient punishment for his 
offence, no good reason now exists for punishing him 
further, except so far as he deserves punishment for break- 
ing the conditions of his original pardon. And as for this, 
especially as the second offence was not a very grave one, 
his imprisonment since last November seems to be enough. 

No. 4. William M. Ladd. Sentenced, Superior 
Court, Essex County, May 25, 1880, for breaking and 
entering, to House of Correction for two years. Pardoned 
March 16, 1881, on report of the physician, it appearing 
that the convict's physical condition was such as to require 
an early surgical operation, which was likely to endanger 
his life if performed in prison. Ladd was also a pensioned 
soldier. His record was reported very good, and there were 
extenuating circumstances. Died JSov. 15, 1881. 

No. 5. Alexander Nichols. Sentenced, July term, 
1878, Superior Court, Suffolk County, for larceny, to State 
Prison for four years. Pardoned March 30, 1881, on cer- 
tificate of prison physician, on account of a su{)purative 
abscess on the spine, and the hoplessness of recovery in 
prison. He died in the Massachusetts Geneial Hospital. 

No. 6. John Fox. Sentenced, Superior Court, Suffolk 
County, Dec. 6, 1879, for breaking and entering, to State 
Prison for four years. Fox was in last stages of consump- 
tion. Pardoned March 80, 1881, on certificate of prison 
physician. He died a few days after. 

No. 7. Michael Keenan, o-Z/as Carroll. Sentenced, 
Superior Court, Worcester County, Jan. 81, 1878, for 
breaking and entering, to State Prison for six years, upon 
two indictments of three years each. Pardoned, March 80, 
1881, on certificate of prison physician, on account of an 
incurable abscess of the brain. 

No. 8. NicoLO Levekone. Sentenced, Superior Court, 



Special Messages. 279 

Middlesex County, Nov. 9, 1880, for larceny, to House of 
Correction for one year. Pardoned March 31, 1881, on. 
recommendation of sheriff and district-attorney. Leverone 
was a young Italian boy, and charitable parties agreed to 
take him out of the State, and place him in a reformatory 
institution. 

No. 9. Martha Woolford. Sentenced, Superior 
Court, Norfolk County, Dec. 13, 1878, for receiving stolen 
goods, to House of Correction for four years. Pardoned 
April 6, 1881, on recommendation of commissioners of 
prisons, the convict being of advanced age and in failing 
health, and her friends taking her into their care. 

No. 10. Edward Donovan. Sentenced, Superior 
Court, Suffolk County, Jan. 24, 1879, for manslaughter, to 
State Prison for ten years. Pardoned April 6, 1881, on 
recommendation of warden, and on certificate of prison 
physician that Donovan is in an advanced stage of con- 
sumption, and liable to speedy death. He died in June. 

No. 11. Patrick M. Carty. Sentenced, Superior 
Court, Suffolk County, January term, 1879, for breaking 
and entering, to House of Correction for three years. 
Pardoned April 30, 1881, on certificate of the prison 
physician that he had dropsy of the abdomen and con- 
sumption, and could live but a short time. Pardoned, 
that his relatives might take him home to die. He died 
in October. 

No. 12. Orson Morton. Sentenced, Superior Court, 
Franklin County, March 29, 1880, of breaking and enter- 
ing, and stealing, to House of Correction for two years. 
Pardoned May 4, 1881. Morton has served considerably 
more than half his term. The district-attorney reports 
that there is a question in regard to his guilt. His wife 
has become insane since his imprisonment, and is unable 
to provide for his children, who are left entirely destitute. 
The pardon was asked by the selectmen and a large num- 
ber of citizens of Whately and Deerfield. 

Nos. 13 and 14. Richard Rayner and Frederic 
Besnor. Sentenced, Superior Court, Suffolk County, 
March term, 1880, for larceny in a building, to State 
Prison, — Rayner for four years, and Besnor for three years 
and a half. Pardoned April 4, 1881, on report of the 
district-attorney, the sentence being an illegal one. The 
court had no power to sentence for more than one year, 
which has now more than expired. It was agreed that no 
remedy existed, except through executive interference. 

No. 15. Margaret Bean, alias Sannk. Sentenced, 



280 Special Messages. 

Municipal Court, Dorchester district, March 4, 1881, for 
lireakiiig glass, to House of Industry for three months. 
Pardoned May 4, 1881, on certificate of the prison physi- 
cian, she being in the last stages of consumption. 

No. 16. Cornelius McDonald. Sentenced, Feb. 6, 
1880, Superior Court, Essex County, for breaking and 
entering, to three years in State Prison. Pardoned May 
5, 1881, on certificate of the prison physician, he being ia 
the last stages of consumption. 

No. 17. Henry R. Sibley. Sentenced, Superior Court, 
Suffolk County, Nov. 20, 1877, for forgery, to four years 
in State Prison. Pardoned May 7, 1881. The term of 
imprisonment, with the deduction allowed by law for good 
behavior, would have expired July 11, 1881. The con- 
vict's wife was reported by eminent physicians incurably 
sick with a tumor, being utterly destitute, and confined to 
her bed, and in want of proper attendance. The few 
remaining weeks of the sentence were stricken off, Col. 
Sibley having also been a brave and devoted soldier, and 
clemency in his behalf being asked by citizens of all classes, 
and advised by those, too, who had suffered from his 
wrong doing. 

No. 18. Charles Boomas. Sentenced, Nov. 25, 1880, 
Municipal Court, Boston, for larceny, to one year in House 
of Correction. Pardoned May 11, 1881, on certificate of 
the prison physician, the prisoner being in the last stages 
of consumption. He died in July. 

No. 19. Thomas Norton. Sentenced, Superior Court, 
Middlesex County, July 19, 1875, for breaking and enter- 
ing, to eight years in State Prison. Pardoned ^lay 12, 
1881, having, with deduction for good behavior, less than 
a year to serve, on certificate of warden that, by Norton's 
fidelity and aid, the escape of some desperate convicts was 
prevented, and an oflicer's life probably saved. 

No. 20. Willie A. Rice. Sentenced, Superior Court, 
Hampden County, May 22, 1880, for perjury, to two years 
in House of Correction. Pardoned May 19, 1881, at the 
request of the leading citizens of Monson, where the case 
occurred, and with the advice of the district-attorney, the 
prisoner being a lad of weak mind, and used as a tool by 
others who were more at fault. He had served a full year. 
No. 21. Earl C. Smith. Sentenced, Superior Court, 
Norfolk County, April 11, 1881, for assault, to three 
months in ll()U>e of Correction. Pardoned March 2(), 1881, 
on recommenchition of the district-attorney that the sen- 
tence was excessive, and made under error of the facts. 



Special Messages. 281 

No. 22. William H. Carberry. Sentenced, Superior 
Court, Middlesex County, Nov. 5, 1879, for perjury, to 
three years in House of Correction. Pardoned May 31, 
1881, at request of leading citizens of Hopkinton, and the 
concurrence of the district-attorney, the prisoner being 
evidently ignorant and a dupe, and the punishment ex- 
cessive. 

No. 23. Thomas Callanan, alias Edward Clark. 
Sentenced, Superior Court, Norfolk County, Sept. 24, 1880, 
for breaking and entering, to eighteen months in House of 
Correction. Pardoned May 31, 1881. His term was 
eighteen months. He had no counsel at trial, and was evi- 
dently sentenced through his blunder in pleading guilty 
to a greater crime than the one committed. This appeared 
from the fact that his confederate, a greater criminal, tried 
afterwards for the same offence, was convicted of only 
simple larceny, and paid a small fine. The district-attorney 
concurred. 

No. 24. Thomas Roach. Sentenced, Superior Court, 
Middlesex County, Nov. 1, 1878, for rape, to State Prison 
for fourteen years. Pardoned June 3, 1881. The com- 
mittee recommended a pardon be granted, after a most 
thorough hearing by the Committee on Pardons, upon the 
impeachment, to their entire satisfaction, of the principal 
witness, and on their conviction that the offence was not 
committed as charged. The selectmen and citizens of 
Woburn generally were urgent in requesting a pardon. 

No. 25. Cornelius Sullivan. Sentenced by Trial- 
Justice M. Perry Sargent, Merrimac, Essex County, Jan. 
10, 1881, for being a tramp, to the House of Correction 
for six months. Pardoned June 4, 1881, on recommenda- 
tion of the court which sentenced him. The justice 
reported that he was compelled by law to impose a sen- 
tence of six months, but, if he could have done so, Avould 
have made the term only sixty days, and therefore earnestly 
recommends a pardon, five months having already expired. 

No. 26. Charles Boutwell. Sentenced, Nov. 11, 

1880, Superior Court, Middlesex County, for forgery, to 
three years in House of Correction. Pardoned June 8, 

1881, on recommendation of the district-attorney that the 
sentence was excessive. 

No. 27. Dora Dixon. Sentenced, Police Court, Law- 
rence, Essex County, Sept. 3, 1880, for vagrancy, to 
Reformatory Prison for one year. Pardoned Juiie 8, 
1881, on report of the commissioners of lunacy that the 
convict is insane. The prison commissioners and Col. 

36 



282 Special Messages. 

Wrightington, superintendent of out-door poor, recom- 
mended that she be pardoned, so that she might be trans- 
ferred to the lunacy department at Te\vksbur3\ 

No. 28. William Gallagher. Sentenced, Superior 
Court, Suffolk County, Dec. 2, 1878, for larceny, to three 
years in State Prison. Pardoned June 25, 1881, on cer- 
tificate of prison physician, he being in the last stages of 
consumption. He died two days later. 

No. 29. SoPHRONiA, alias Veronika Assing. Sen- 
tenced, Superior Court, Berkshire County, Jan. 11, 1881, 
for adultery, to House of Correction for one year. Par- 
doned July 1, 1881, on the urgent recommendation of the 
district judge, the sheriff, and the district-attorney, who 
reported that the woman, being of weak mind, had been 
deceived by her husband into believing that his separation 
from her was a divorce. She then married in good faith, 
and for this was arrested. At the time of her pardon she 
was very near giving birth to a child, and her pardon was 
granted for that reason. 

No. 30. Allen W. Guild. Sentenced, Superior Court, 
Middlesex County, June 30, 1879, for polygamy, to House 
of Correction for three years. Pardoned July 2, 1881. 
The committee were satisfied that the defendant's second 
marriage was in good faith and in ignorance of the law, 
and that, having been in prison two years, further imprison- 
ment would be excessive. Defendant had no counsel at 
the trial, and the district-attorney who tried the case 
reported favorably. 

No. 31. Frances L. Stone. Sentenced, Superior 
Court, Essex County, Oct. 24, 1879, for committing abor- 
tion, to five years in House of Correction. Pardoned 
July 13, 1881, on certificate of the physician of the House 
of ('oirection that the prisoner could live but a short time. 
A member of the council made a personal visit to her, and 
she was pardoned that she might die at home. 

No. 32. Frank Barney. Sentenced, Superior Court, 
Essex County, Oct. 13, 1879, for assault, to two years in 
House of Correction. Pardoned July 13, 1881, on certifi- 
cate of the physician of the House of Correction that 
Barney could live but a few days. A member of the 
council made a personal visit to him, and he was pardoned 
that he might die at home. He died the next month. 

No. 33. Mary F. Mayo. Sentenced, June IG, 1880, 
Superior Court, Middlesex County, for larceny, to House 
of Correction for eighteen months. Pardoned June 13, 
1881, on special request of prison commissioners, and cer- 



Special Messages. 283 

tificate of physician of the House of Correction that convict 
could live but a short time. 

No. 34. Samuel A. Thayer. Sentenced, Nov. 13, 
1877, Superior Court, Middlesex County, for fors^ery, to 
State Prison for seven years. Pardoned July 30, 1881. 
Thayer, after forging his father's name, fled to California. 
He voluntarily came back and gave himself up, and plead- 
ed guilty. He had served more than half his sentence, 
which, as was reported by the assistant district-attorney, 
was much longer than usual in such cases. Inasmuch, 
therefore, as all the parties who were defrauded joined 
earnestly in the prayer for his pardon, it was granted. 

No. 35. John Donahoe. Sentenced, July, 1872, Su- 
perior Court, Suffolk County, for rape, to fifteen years in 
State Prison. Pardoned Dec. 12, 1876. Forfeited his con- 
ditional pardon, and re-committed to State Prison, Oct. 26, 
1880. Pardoned Aug. 17, 1881. He was conditionally 
pardoned upon the same sentence Dec. 12, 1876, on the 
recommendation of the district-attorney, and on new evi- 
dence which showed he was not guilty of the crime of 
rape. After this pardon he was convicted, in 1878, of 
larceny, and sentenced to two years' imprisonment, which 
expired in 1880. This constituting a breach of the con- 
dition of said pardon, he has since said last date been con- 
fined in the State Prison. A pardon is now granted him 
solely because, if the Governor and Council of 1876 were 
satisfied that Donahoe was not guilt}^ of the crime charged, 
even a breach of the conditions of the pardon they grant- 
ed does not justify the present Executive in punishing him 
for that of which a former tribunal has found him not 
guilty. 

No. 36. Julia Kelly. Sentenced, Feb. 9, 1881, Mu- 
nicipal Court, Boston, for larceny, to fifteen months in 
House of Correction. Pardoned Sept. 13, 1881, the 
convict having been transferred as an epileptic insane to 
the Taunton Insane Asylum. This was done at recom- 
mendation of Col. Wrightington, superintendent of in- 
door poor ; a sister of the convict in New York taking her 
home, and relieving the State of her support. 

No. 37. Orrin D. Hinckley. Sentenced, July 18, 
1876, Superior Court, Middlesex County, for arson, to six 
years in State Prison. He was very young at the time, 
and led away by bad comptmy. Pardoned Sept. 13, 1881, 
on the ground that he furnished important information to 
the government, there being only five months of the sen- 
tence left, and the district-attorney concurring. 



284 Special Messages. 

No. 38. Robert Arnold. Sentenced, December term, 
1879, Superior Court, Suffolk County, for breaking and 
entering, to three years in House of Correction. Pardoned 
Sept. 18, 1881 ; tlie convict being a boy of sixteen, who 
was enticed by others, and whose reformation seemed to 
demand that, having served one-half his time, he should 
be let out to enter employment the same as if he had been 
at the Reform School. 

No. 39. Louis Vincent. Sentenced, April 22, 1881, 
Police Court, Lowell, for larceny, to six months in House 
of Correction. Pardoned Sept. 20, 1881. A petty case 
of theft. Judge Crosby, who imposed the sentence, re- 
ported that, on further investigation of the facts, he rec- 
ommended the Executive to grant a pardon. 

No. 40. William R. Barrows. Sentenced, June, 
1881, Superior Court, Hampden County, for simple as- 
sault, to six months in House of Correction. Pardoned 
Sept. 30, 1881, on recommendation of the district^attorney, 
sheriff, jailer, and physician of the House of Correction. 
The prisoner also was in poor health, and there were strong 
grounds for the belief that he was innocent of the crime 
charged. 

No. 41. Hiram Mingo. Sentenced, June 16, 1881, Supe- 
rior Court, Middlesex County, for adultery, to ten months 
in Lowell jail. Pardoned Oct. 11, 1881, on the recommenda- 
tion of the jailer, and the express and urgent request of 
the physician of the jail ; the convict Jiaving a severe dis- 
ease of the eyes, which had already destroyed the sight of 
one, and threatened the destruction of the other. The 
pardon was granted with the full concurrence of the dis- 
trict-attorney. 

No. 42. Charles H. Colder, alias William H. 
Place. Sentenced, May 25, 1866, Superior Court, Essex 
County, for larceny and felonious assault (three indict- 
ments), to seventeen years in State Prison. Pardoned 
Oct. 12, 1881. Colder was serving three continuous sen- 
tences of three, two, and twelve years, — in all, seventeen. 
He has grown old and broken in prison, and his whole 
term, with the usual allowances for good behavior, would 
have expired a year ago last July, were it not that when 
first imprisoned he escaped and was re-captured, and has 
since that date been serving out the time of his absence. 
The escape was made under very great and almost irre- 
sistible temptation, he having been very carelcssl}-^ allowed 
outside the prison walls soon after his commitment. Li 
other respects his behavior has been good. Indeed, one 



Special Messages. 285 

reason for granting the pardon is the doubt as to when his 
term really expires, all agi'eeing that, at longest, that time 
is very near. 

No. 43. Webster Ackers. Sentenced, June 21, 
1880, Superior Court, Middlesex County, for breaking and 
entering, to tvso years in House of Correction. Pardoned 
Nov. 9, 1881, on the certificate of the well-known firm of 
J. H. and J. P. Thayer & Co. of Cambridge, for whom 
Ackers worked, and upon whom the alleged offence was 
committed, that they have become convinced, since the 
trial, that he was innocent. 

No. 44. John Richardson, alias Fred Webster. 
Sentenced, Oct. 27, 1880, Superior Court, Worcester 
County, for larceny (two indictments), to two years in 
House of Correction. Pardoned Nov. 11, 1881, for the 
reason that, being convicted on two indictments, he has 
served out the sentence on one ; and on the other it was 
clearly proved that the goods claimed to be stolen were his 
own, and that the witness (Bond) on whose testimony the 
conviction was obtained is a bad character himself, and 
now serving a term of imprisonment. 

No. 45. James Smith. Sentenced, June 17, 1881, Su- 
perior Court, Middlesex County, for breaking and enter- 
ing, to three years in House of Correction. Pardoned 
Nov. 19, 1881, on recommendation of master of House of 
Correction, and the prison physician, on the ground that 
Smith was in the very last stages of consumption, and 
could live but a few days. 

No. 46. Ann McQuillian. Sentenced, Sept. 9, 1881, 
Police Court, Somerville, for disturbing the peace, to nine- 
ty days in House of Correction. Pardoned Nov. 21, 1881, 
on the personal application of the chief of police of Som- 
erville, Mrs. Johnson of the Prison Commissioners, and the 
city physician of Somerville ; the woman having three 
small children, all dangerously sick with typhoid-fever, 
with no one to take care of them except an aged and in- 
firm grandmother, and the doctor certifying that the 
neighbors would not think of entering the house on ac- 
count of the fever. 

No. 47. Laomi G. Davis. Sentenced, November term, 
1880, Superior Court, Suffolk County, for breaking and 
entering, to eighteen months in House of Correction. 
Pardoned Nov. 80, 1881, on recommendation of the mayor, 
city marshal. Senator Hall, and many prominent citizens 
of Lynn, on the ground of excessive sentence. 

No. 48. William Jackson. Sentenced, March 8, 



286 Special Messages. 

1881, Superior Court, Middlesex County, for assault, to 
eighteen months in House of Correction. Pardoned Dec. 
14, 1881, on recommendation of district-attorney, and 
physician of House of Correction, on account of mortal 
illness. 

[To the Senate and House of Representatives, Jan. 18.] 

It is my sorrowful duty to announce to the Legislature 
the death, yesterday afternoon at Worcester, of Ex-Gov. 
Alexander Hamilton Bullock, and to recommend that 
measures be taken to pay fitting tribute to the memory of 
this eloquent scholar and honored citizen, who for three 
years discharged with distinguished ability the office of 
chief magistrate of the Commonwealth. 

[To the House of Representatives, Jan. 28.] 

I have the honor herewith to transmit, for the informa- 
tion and use of the General Court, the nineteenth annual 
report of the trustees of the Massachusetts Agricultural 
College. 

[To the Senate, Feb. 10.] 

I have the honor herewith to present, in accordance 
with the request of the General Assembly of the Com- 
monwealth of Virginia, joint resolutions of that body rela- 
tive to Federal legislation in aid of the establishment and 
temporary support of common schools. 

[To the Senate, March 20.] 

I have the honor to transmit herewith, for the use of the 
General Court, the annual report of the commissioner for 
the Mystic River Corporation. 

[To the Senate and House of Representatives, April 24.] 

I transmit herewith a communication this day received 
from Edward Atkinson, treasurer of the Shaw Monument 
Fund, asking for authority to place an equestrian alto-relief, 
in bronze, of Col. Robert G. Shaw, upon the State House 
grounds. It is with great pleasure that I communicate 
this generous proposal to add to the memorials now within 
these grounds a work of art commemorative of the patriot- 
ism of the young men of the Commonwealth. I take the 
liberty to suggest that the sergeant-at-arms be authorized 
to make provision for putting it in place. 



Special Messages. 287 

[To the Senate and House of Representatives, May 12.] 
I have the honor herewith to transmit, for your informa- 
tion and use, the report of Professor N. H. Egleston of Wil- 
liamstown, Mass., a commissioner designated by me, under 
a joint resolution of your honorable bodies passed at the 
present session, to represent this Commonwealth at the 
National Forestry Convention held at Cincinnati, O., April 
25-29, 1882. 

[To the Senate, May 16.] 
I herewith return to the Senate, in which it originated, 
a Bill "to regulate the practice of dentistry," with my 
objections thereto. 

The controlling objection to this bill is, that by force 
of it the whole business of dentistry is made a possible 
monopoly, in the control of a close corporation, with restric- 
tive by-laws, consisting of less than a hundred members, 
most of whom are in Boston ; while the whole number of 
dentists in the Commonwealth is reported as some seven 
hundred. Under this act no person could hereafter enter 
into the practice of dentistry, except by consent of this 
society, which is put under no obligation to examine can- 
didates, but may examine whom it pleases, and none else. 
It may set any standard it sees fit. The diploma of any 
other dental or medical society is nothing, unless such 
society is "recognized" as "respectable" by the Massa- 
chusetts Dental Society. But there is no standard of such 
respectability, or means of compelling such recognition. 
How and when is an applicant in Nantucket or Berk- 
shire to get into the profession? Suppose the society fall 
into the control of those who desire no more competition? 
Grant, as is true, that the purpose of the bill is well 
meant, and that the Massachusetts Dental Society would, 
of course, have no other purpose than to keep the profes- 
sion clear of impostors; nevertheless a wrong principle 
is involved, and the precedent is bad. If there must be 
a certificate of qualification, let it come from a board 
required to sit at stated times, and in convenient places 
throughout the State, and to pass upon the qualifications 
of all who apply. Such a board, too, should spring from 
a broader basis than a single society, however Avorthy. 
This would obviate the special objection to the present bill. 
I am persuaded the bill should be more carefully drawn 
before it becomes a law. 

It is not easy to see why there should be special legis- 
lation concerning dentists only. Why not concerning 



288 Special Messages. 

apothecaries, physicians, oculists, aurists, surgeons, cooks, 
plumbers, and the other bushiesses which involve life and 
health? It would perhaps be better worth while to con- 
sider the expediency of a general statute, to the effect that 
any person pursuing a business or profession without suffi- 
cient skill therein shall be punished. Such a statute, in 
the hands of judge and jury, would never work injustice, 
and yet would be ample for those exceptional cases of im- 
position, on the strength of which various special statutes 
are urged from year to year. 



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39 



THE 

CIVIL GOVERNMENT 

OF THE 

^ommontDcaltt) of iMa00acl)U0ctt0, 

AND OFFICERS IMMEDIATELY CONNECTED THEREWITH, 
FOR THE POLITICAL YEAR 

1882. 



EXECUTIVE DEPARTMENT. 



HIS EXCELLENCY 

JOHN D. LONG, 

GOVERXOR. 

EDWARD F. HAMLIN* Actinfj Private Secretary. 



HIS nOKOR 



BYRON WESTON, 

LIEUTEXANT-GOVERXOR. 



COUNCIL— (By Districts). 
• MATTHEW H. GUSHING .... Middleboroush. 



II. — NATHANIEL WALES 

III. — EUSTACE C. FITZ . 

IV. — MICHAEL J. FLATLEY 
v. — JOSEPH DAVrS . 

VI. — GEORGE HEY WOOD. 

VII. — RODNEY WALLACE . 

VIIL — IIUFUS D. WOODS . 



Stougliton. 

Chelsea. 

Boston. 

Lynn. 

Concord. 

Fitchbnrg. 

EntielJ. 



HENRY B. PEIRCE, 

Secretary of the Commonwealth. 

HENRY J. COOLIDGE, 1st Clerk. ISAAC H. EDGETT, 2d Clerk. 
GEORGE G. SPEAR, 3vii.,od Clerk. 

DANIEL A. GLEASON, 

Treasurer and Receiver-General. 
DANIEL H. ROGERS, ls( Clerk. JOHN Q. ADAMS, 2d Clerk. 

CHARLES R. L A D D, 

Auditor of Accounts. 
WILLIAM D. HAWLEY, 1st Clerk. EDWARD S. DAVIS, 2d Clerk. 

GEORGE MARSTON, 

Attorney-General. 
CHARLES H. BARROWS .... Assistant Attorney-General. 



* Vice William M. Olin, resigned May 20. 



LEGISLATIVE DEPARTMENT. 



GENERAL COUET: 

Arraxged in Accordaxce with the District Revision of 1876. 



S E N A T 



President — ROBERT R. BISHOP. 



Name of Senator. 



First Suffolk . 


James Smith . 


Boston. 


Second " 


John II. Sherburne . 


Boston. 


Third " 


Owen A. Galvin 


Boston. 


Fourth " 


George G. Crocker . 


Boston. 


Fifth " 


Charles T. Gallagher 


Boston. 


Sixth " 


Charles II. Allen 


Boston. 


Seventh " 


Arthur W. Tufts . 


Boston. 


Eighth " 


Joseph Bennett 


Boston. 


First Essex 


John R. Baldwin 


Lynn. 


Second " 


Nathaniel A. Horton 


Salem. 


Third " 


Francis Norwood 


Beverly. 


Fourth " 


Joseph N. Rolfe 


Newbury. 


Fifth " 


Augustus Mudge 


Danvers. 


Sixth " 


Andrew C Stone 


Lawrence. 


First Middlesex 


George A. Bruce 


Somerville. 


Second " 


Robert R. Bishop . 


Newton. 


Third " 


Leander M. Ilanuum 


Cambridge. 


Fourth " 


Charles Q. Tirrell . 


Natick. 



310 



Senate. 



District. 


Name of Senator. 


Residence. 


Fifth Middlesex 


Charles F. Gerry- 


Sudbury. 


Sixth " 


Thomas Wiuship 


Wakefield. 


Seventh " 


Jeremiah Crowley 


Lowell. 


First Worcester 


Thomas J. Hastings . 


Worcester. 


Second " 


George W. Johnson . 


Milford. 


Third " 


Chester C. Corbin 


Webster. 


Fourth " 


John M. Moore 


Gardner. 


Fifth " 


Daniel B. Ingalls 


Clinton. 


Hampshire 


Samuel M. Cook 


Granby. 


First Hampden 


William H. Haile . 


Springfield. 


Second " 


Charles A. Corser 


Holyoke. 


Franklin . 


James S. Grinnell 


Greenfield. 


North Berkshire 


Francis W. Rockwell 


Pittsfield. 


South " . 


John M. Seeley 


Gt. Barrington. 


First Norfolk . 


David W. Tucker . 


Milton. 


Second " 


Warren E. Locke 


Norwood. 


First Plymouth 


Peleg McFarlin 


Carver. 


Second " 


James S. Allen . 


E. Bridge water. 


First Bristol . 


Willam Reed, jun. . 


Taunton. 


Second " 


Andrew J. Jennings . 


Fall River. 


Third " 


William Barker, jun. 


Dartmouth. 


Cape 


Joseph P. Johnson . 


Provincetown. 


STEPHEN N. G 
EDMUND DOW 
0. F. MITCHEL 


IFFORD 

5E 

L 


Clerk. 

Chaplain. 

Sergeant-at-Arms. 



House of Representatives. 



311 



HOUSE OF EEPEESEE"TATIYES. 



5j9eaJler — CHARLES J. NOYES. 



COUNTY OF SUFFOLK. 



Ward. 



Kaine of Representative. 



1st, 

2d, 

3d, 
4th, 
5th, 

6th, 

7th, 

8th, 

9th, 

10th, 

11th, 

12th, 

13th, 



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 



14th, Boston, Ward 14 



Benj. F. Campbell . 
Harvey N. Shepard . 

William J. Burke . 
Josejth P. Hamlin . 

James White . 
Samuel C. Hunt 

Edwin L. Pilsbury . 

John Reade 
Samuel T. Harris . 

John B. Sheerin 
Thomas McCullough, 

Alex. B. McGahey . 
Hugh A. Carr . 

John E. McNelley . 
Charles W. Smith . 

John F. Andrew 
Henry W. Swift . 

Henry H. Sprague . 
Chai-Jes Wheeler 

Roger Wolcott 
John W. Leighton . 

Jeremiah IL MuUane, 
Patrick F. McDonald, 

Cornelius F. Cronin, 
Dennis F. Brennan . 

Charles J. Noyes 
Arthur H. Wilson . 



Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 



312 



House of Represemtatives. 
COUNTY OF SUFFOLK — Concluded. 



15th, 

IGth, 

ITlh, 

18th, 

10th, 

20th, 

21st, 
22d, 
23d, 

24th, 
25th, 

2Gth, 



Town or Ward. 



Boston, Ward 15 

Boston, AVard IG 

Boston, Ward 17 

Boston, Ward 18 

Boston, Ward 19 

Boston, Ward 20 

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

Boston, Ward 24 

Boston, Ward 25 

( Chelsea . 
-| Revere . 
( AV^iuthrop 



Name of Kcpresentative. Besidence. 



Henry C. Towle 
Oliver G. Feruald . 

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

Jesse L. Nason 
Edmund T. Eastman, 

Edward P. Brown . 
George E. Learuard, 

Thomas Fay, jun. . 
Patrick 11. Manning, 

Horace T. Bockwell, 
Artiiur F. Aleans 

Andrew J. Browne . 
Benj. C. Tinkham . 

Alfred Ziegler . 

Levi L. Willcutt 
Edward P. Butler . 

Georg-e L. Burt 
Robert T. Swan 

John W. llollis 

Chas. C. Hutchinson, 
Joseph W. Stickney, 
Thomas Floyd. 



Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 

Chelsea. 
Chelsea. 
Wiuthrop. 



COUNTY OF ESSEX. 



1st, 


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


Jason L. Curtis 


Rocliport. 


2d, 


( Gloucester, Wards 1, ) 
\ 2,3,4,5,G. .{ 

f Gloucester, Ward 8, "| 
J Essex . . . [ 
1 Manchester . . f 
t Hamilton . . J 


Wm. II. Won son, 3d, 
Isaac A. S. Steele . 


Gloucester. 
Gloucester. 


3d, 


Stephen P. Andrews, Essex. 



House of Representatives. 
COUNTY OF ESSEX — CoxTixuED. 



313 



District. 


Town or Ward. 


Name of Reiircsentative. 


Kesldence. 


4th, 


( Wenham 
\ Dun vers . 


.1 


Gilbert A. Tapley . 


Dan vers. 


5th, 


Beverly . 




John I. Baker . 


Beverly, 


6th, 


( Salem, Wards 1, 
15.. 


':\ 


James F Almy 
William Cogswell . 


Salem. 
Salem. 


7th, 


( Salem, Wards 3, 

X . . 


4,1 


Rnfus B. Gifford . 
Charles B. Fowler . 


Salem. 
Salem. 


8th, 


C INIarblehead . 
\ S vvampscott . 


:! 


William B. Brown . 
Thomas i*. M. llix . 


Marblehead. 
Marblehead. 


9th, 


Lynn, Ward 3 




Benjamin Dupar 


Lynn. 


10th, 


(Lynn, Wards 1, 

^ 4, 5, 7 
( Nahaiit . 


■1 


Ilartwell S. French . 
Frank D. Allen 
John Marlor . 


Lynn. 
Lynn. 
Lynn. 


11th, 


Lynn, Ward 6 




James W. Switzer . 


Lynn. 


12th, 


Peabody . 




John Finder .. 


Peabody. 


13th, 


f Saugns . 
J Lynn field 
] Middleton 
L Topsfield 


•1 

•j 


John II. Potter 


Topsfield. 


14th, 


5 Andover . 

( Korth Andover 


:1 


Charles Smith . 


Andover. 


15th, 


TBoxford . 
< Rowley . 
(Ipsvvich . 


■I 


Milton Ellsworth . 


Rowley. 


IGth, 


( Newbury . . ") 
•^ Nevvburyport, W'ds > 
( 1,2,3,4,5,0 .\ 


John P. Coombs 
Edward P. Shaw 


Newburyport. 
Newburyport. 


17th, 


( Georgetown 
•< Groveland 
( Bradford 


;l 


Alfred E. Towne . 


Bradford. 


ISth, 


f West Newbury 
j Salisbury 
j Amesbury 
(^ Rlerriiuac 


■1 

•j 


Oliver A. Roberts . 
Albert Sargent 


Salisbury. 
Werrimac. 



40 



314 



House of Representatives. 
COUNTY OF ESSEX — Concluded. 



District. 


Town or Ward. 


Name of liepresentatlve. 


Residence. 


19th, 


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


Daniel B. ClufE 
Edwin N. Hill 
Adams H. Cogswell . 


Haverhill. 
Haverhill. 
Methuen. 


20th, 


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


Dennis Gilmartin 
Dennis A. Sullivan . 


Lawrence. 
Lawrence. 


21st, 


j Lawrence, Wards 4, 7 

1 5, 6 . . .; 


Jona. D. Boothman . 
John B. Campbell . 


Lawrence. 
Lawrence. 


COUNTY OF MIDDLESEX. 


1st, 


( Cambridge, Wards > 
1 1,5 . . .\ 


Chester W. Kingsley, 
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, 


Charles H. Guild . 


Somerville. 


5th, 


Somerville, Ward 2, 


Quincy A. Vinal 


Somerville. 


6th, 


( Somerville, Wards ) 

1 3,4 . . .; 


Edward Glines 


Somerville. 


7th, 


Medford . 


John C. Rand . 


Medford. 


8th, 


5 Maiden . . .7 
I Everett . . . j" 


Ezra A. Stevens 
William F. Chester . 


INfalden. 
Maiden. 


9th, 


Melrose . 


B. ]\Iarvin Fernald . 


Melrose. 


10th, 


Stoneham 


John W. Spencer 


Stoneham. 


11th, 


Wakefield . 


Solon 0. Richardson, 


Wakefield. 


12th, 


f Reading. . .") 
} North keadiiig . > 
( Wilmington . . ) 


George H. Parker . 


Reading. 


13th, 


Wobiirn . 


Edward D. H.ivden . 


Wobnrn. 


14th, 


( Arlington . ) 
: ( Winchester . . ) 

1 


' Jonas C. Harris 

i 


Arlington. 

1 
1 



House of Representatives. 
COUNTY OF MIDDLESEX — Continued. 



315 



District. 


Town or Ward. 


Kame of Representative. 


Residence. 


15th, 


( Watertown 
I Belmont . 


I 


Samuel Walker 


Watertown. 


16th, 


(Newton, Wards 1, 
I 2,3,4,5,6,7 . 




George W. INIorse . 
John H. Sanborn 


Newton. 
Newton. 


17th, 


Waltham 
'Lexington 


1 


Rufus Warren . 


Waltham. 


18th, 


Burlington 
) Bedford . 
l_ Billerica . 

f Tewksbury 


J 

1 


Ebenezer Baker 


Billerica. 


19th, 


j Chelmsford 
Tyngsborough 
Dracut • 


1 
J 


Enoch Foster . 


Tewksbury. 


20th, 


Lowell, Ward 1 




James Kelly . 


Lowell. 


21st, 


Lowell, Ward 2 




Wra. F. Courtney . 


Lowell. 


22d, 


Lowell, Ward 3 




John H. Morrison . 


Lowell. 


23d, 


Lowell, Ward 4 




Charles H. Allen . 


Lowell. 


24th, 


Lowell, Ward 5 




Ambrose L. Ready . 


Lowell. 


25th, 


Lowell, Ward 6 
f Concord . 


1 


J. Tyler Stevens 


Lowell. 


23th, 


! Acton 
] Carlisle . 
[_ Lincoln . 

f Weston . 


1 


Moses Taylor . 


Acton. 


27th, 


j Way land 
j Sudbury . 
|_ Maynard 


Edward Carter 


Wayland. 


28th, 


Natick . 




Daniel Dorchester . 


Natick. 


29th, 


5 Holliston 
\ Sherborn 


:} 


Willis A. Kingsbury, 


Holliston. 


80th, 


^ Hopkinton 
I Ashland . 


:} 


Owen Wood . 


Hopkinton. 


31st, 


Framingham . 


• 


James R. Entwistle, 


Framingham. 



316 



1st, 



2d, 



3d, 



4th, 



5lh, 



Gth, 



7th. 



House of Representatives. 
COUNTY OF ^ITDDLESKX — CoxcruDED. 



District 


Town. 


Name of Iteprescnlative. 


KcsiUcncc. 


32d, 
33d, 

34 th, 
35th, 


Marlborough . 

f Hudson . . . ■] 
J Stow . . .1 
) Box borough . . j 
I. Littleton . . J 

f \Yestford . . "] 
1 (Jroton . . . ! 
1 Dunstable . . f 
[_ I'eppereli . .J 

fAyer . . .^ 
; Slliiley . . .1 
} Townseud . . f 
LAshby . . .J 


Timothy A. Coolidge, 
A. W. Wetherbee . 

Sherman II. Fletcher, 

Andrew W. Felch . 


Marlborough. 
Boxborough. 

Westford. 

Ayer. 



COUNTY OF AVORCESTKR. 



( Blackstone 
I UxbriJge 

( I\rendon . 

-jMillord . 
( Uptun 

j Nortlihridge . 
I Grafton . 

j Westborough . 
( Southborough 

f Clinton . 

Berlin 
I Bolton . 
■{ Sterling . 

I>nn caster 
I Harvard . 
t, Lunenburg 

Fitcliburg 

f AVi'iclioiidon . 
j Aslibiirnliain . 
■{ (Jardner . 
I Wi'stniinster . 
t rriaofton 



Americus Welch 



Silas W. Hale . 
Jidward S. Leland 



Ashley W. Rico . Grafton. 



Blackstone. 



l^rilford. 
Upton. 



W. T. Forbes . 



Lucius Field . 
Aaron R. Towers 



Leander Spragne 



"Westborough. 



Clinton. 
Bolton. 



Fitclibiircr. 



Zechariah F. I'oung, Fitcliburg. 



1 



' John D. Fdgell 
Julni B. Fay . 



. I Gardner. 
. I'rinceton. 



House of Representatives. 
COUNTY OF WORCESTER — CoxTixuKD. 



317 



District. 



£tb, 
9th, 

10th, 

11th, 
12th, 

13th, 

14th, 
15th, 

16th, 

17lh, 
ISth, 
19th, 



Town or Ward. 



( Athol . 
( Royalston 

rPctev.sham 
J Phillipsfcou 
j Tenipleton 
1^ Hubbardston 

fDana 

I Hard wick 

■{ Barre 

I Oakham . 

(.New Braiutree 



f Rutland . 
! Holden . 
J Paxtou . 
l_ Leicester 

fWestBrookfield 
I ^Van•eu . 
{ Brookfield 

North Brookfield 
[ Sturbridge 

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



r Douglas . 
■< Webster . 
(Dudley . 

( Aulnirn . 
} Millbury 
(Sutton . 

f Shrewsbury 



Xaine of Kcpreseiit.itive. 



Noi-thborough 
] Boylstoii 
(^ AVest Boylston 

Leominster 

"Worcester, "Ward 1, 

"Worcester, "Ward 2, 



II. M. Humphrey 



William J. Eveleth 



James II. Walker 



Henry W. Warren 



Iliram Knight . 
David W. Uodgkius, 



Isaac L. Prouty 
George II. Taft 



Edwin Moore . 
John Hopkins . 

Abel O. Perry . 

Joel Smith 
Aaron G. Walker 
Samuel A. Porter 



Eesidence. 



Athol. 



Hubbardston. 



Ilardwick. 



Ilolden. 



N". Brookfield. 
Brookfield. 



Spencer. 
Charlton. 



Douglas. 
.Millbmy. 

Shrewsbury. 

Leominster. 

Woi'cester. 

Worcester. 



318 



House of Representatives. 
COUNTY OF WORCESTER— Concluded. 



District. 


Town or Ward. 


Name of Representative. 


Besidenca. 


20th, 


Worcester, Ward 3, 


Eugene M. Moriarty, 


Worcester. 


21st, 


Worcester, Ward 4, 


David F. O'Connell, 


Worcester. 


22d, 


Worcester, Ward 5, 


John R. Thayer 


Worcester. 


23d, 


Worcester, Ward 6, 


Asaph R. Marshall . 


Worcester. 


24th, 


Worcester, Ward 7, 


Edwin Ames . 


Worcester. 


25th, 


Worcester, Ward 8, 


William L. Clark . 


Worcester. 



COUNTY OF HAMPSHIRE. 



1st, 



2d, 



3d, 



4th, 



5th, 



Easthampton 
Northamptou 
Southampton 

fHadley . 
! Hatfield . 
j Westhampton 
I. Williamsburg 

'Chesterfield 
Cummington 
Goshen . 
- Huntington 
Middlefield 
I Plainfield 
I. Worthington 

f Amherst 
j Pelham . 
I Prescott . 
I. South Hadley 

' Belchertown 
Enfield . 
Granby . 
Greenwich 
Ware 



Edwin R. Bosworth, 
Sidney Strong . 



Rowland Ayres 



Wm. W. MitcheU . 



Hobart P. Street . 



Charles E. Stevens 



Easthampton. 
Northampton. 



Hadley. 



Cummington. 



South Hadley. 



Ware. 



COUNTY OF HAMPDEN. 



Ist, 



fMonson . 
J Brirafield 
1 Holland . 

L Wales . 



William L. Webber, 



Holland. 



House of Representatives. 
COUNTY OF HAMPDEN — Concluded. 



319 



District. 


Town or Ward. 


Name of Representative. 


Kesldence. 




r Palmer . . . 1 






> 


•Wilbraham . . ! 
Hampden . . f 


William Holbrook . 


Palmer. 




, Ludlow . . .J 






8d, 


Chicopee 


Frank H. Morton . 


Chicopee. 


4th, 


( Springfield, Wards } 
1 1,2 . . .\ 


Theodore D. Beach . 
Wilson Eddy . 


Springfield. 
Springfield. 


5th, 


(Springfield, Wards 7 

1 3,6 . . .; 


George P. Stebbins . 


Springfield. 


6ih, 


( Springfield, Wards ) 
^ 4,7 . . .[ 
(Longmeadow . .) 


Joseph Scott . 


Springfield. 


7th, 


5 Springfield, Wards ) 

i 5,8 . . .j: 


Edward H. Lathrop,* 


Springfield. 


8th, 


fHolyoke, Wards 1,7 
1 2,3,4,5 . .; 


John H. Wright 


Holyoke. 


9th, 


5Holyoke,Wards6,7,) 
( West Springfield . j 


Isaac B. Lowell 


W. Sp'ngfield. 


10th, 


f Westfield . . ) 
-| Agawam . . >• 
(Montgomery . .) 

f South wick . . 1 
Granville 


Edw'd C. Carpenter, 
John W. Colton 


Westfield. 
Westfield. 


11th, 


. Tolland . . . 1 
] Blandford 
Chester . 
.Russell . . .J 


Homer P. Twining . 


Tolland. 








COUNTY OF FRANKLIN. 


1st, 


'Erving . 

Warwick 

Orange . 
.New Salem . 


Daniel Ballard 


New Salem. 



• Elected March 21, vice John L. Rice, resigned. 



320 



5th, 



6th, 



1st, 



2d, 



3d, 



4th, 



House of Representatives. 
COUNTY OF FRANKLIN — CoxcLUPED. 



f Montague 
I Sunderland 
2d, ■{ Leverett . 
I Shutesbury 
L Wendell. 

( Greenfield 

] Gill 

( Shelburne 

Deerfield 
4th, ^ Conway . 
AVhateiy 



fNorthfield 
I Bernardston 
■{ Leyden . 
I Colrain . 
L Heath . 

f Ashfield. 
I Buck land 



I Charlemont 



j IIa\Yley 
I Rowe 
L Monroe 



Xapie of Eepresentative. Eesklence, 



James A. Gunn 



George P. Carpenter, 



Robert Abercrombie, 



Henry W. Montague, 



Vaniah M. Porter 



Montajme. 



Shelburne. 



Deerfield. 



Northfield. 



Rowe. 



COUNTY OF BERKSHIRE. 



p Hancock 
I Lanesborough 
■{ New A si 1 ford 
AViiliamstown 
[Clarksburg 

5 Adams . 
( North Adams 

j Pittsfield 
I Dalton . 

f Florida . 

Savoy 
I Cheshire 
■{ ^^'in<lsor 

"Washington 
I Peru 
I. Hinsdale 



Charles D. Belden 



Williamstcwn. 



AlcanderTV. Preston, North Adams. 
Nathan S. Babbitt . North Adams. 

SamuelW.Bowerman, Pittsfield. 
Edward D. G. Jones, Pittsfield. 



Alanson S. Pomeroy, 



Washinsrton. 



House of Representatives. 
COUNTY OF BERKSHIRE — Concluded. 



321 



Name of Representative. 



oth, 



fBecket . 

Lee 

Otis 
(, Tyringhara 



6th, ^; 



7 th, 



8th, 



1st, 

2d, 
3d, 

4th, 
5th, 
6th, 

7th, 
8th, 



f Richmond 

Lenox 

Stockbridge . 
(^ West Stockbridge 



f Alford . 

Egreraont 

Great Barrington 
1_ Monterey 



flMt. Washington 
New Marlborough 
Sandisfield 

[Sheffield. 



1 

^j Norman W. Shores . 

J 



Thomas Post 



Charles W. Ray 



Orrin C. Whitbeck 



Residence. 



Lee. 



Lenox. 



GtBarrington. 



Mount W"ash. 



COUNTY OF NORFOLK. 



Dedham . 

Norwood 

Brookline 

Hyde Park 

Milton . 
Canton . 

Quincy . 
Weymouth 

Braintrce 
Holbrook 

Randolph. 

Stoughton 
Sharon . 
Walpole . 

Franklin 
Foxborough 
AVrenthani 
Hellingham 
Med way . 



Thomas J. Baker 

Rufus G. F. Candage, 
Hobart M. Cable 

Frank M. Ames 

Charles H. Porter . 
N. D. Canterbury . 
Francis A. Bicknell . 

Edmund White 



David H. Bl an chard, 
George E. Craig 



Nathan A Cook 
Samuel Warner 



Dedham. 

Brookline. 
Hyde Park. 

Canton. 

Quincy. 

Weymouth. 

Weymouth. 

Holbrook. 



Stoughton. 
Walpole. 



Belli ngh am. 
Wrentham. 



41 



322 



House of Representatives. 
COUNTY OF NORFOLK — CoxcLrDED. 



Blstrlet. 


T»wn w Ward. 


Kame of Representative. 


Kesidence. 


9th, 


(T Needham . . 1 
1 Dover . . . [ 
■{ iModfield . . y 
1 Norfolk . . . 1 
I A\'ellesley . . j 


Levi Mann 


Noifolk. 


COUNTY OF BRISTOL. 



1st, 

2d, 
3d, 

4th, 

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

9 th, 
10th, 



JAttleborougli 
Norton . 
Mansfield 

j Ea.ston . 
( Rayiiham 

j Taiintoii . 
I Berkley . 



Aciislinct 

Kaiihavon 

Freetown 



! 

5 New Bedford, Wards ) 
\ 1,2,3 . .t 

5 New Bedford, Wards } 

i 4, 5, G . .; 



John Whitphill 
Austin Mesisiiioer 



Lincoln S. Drake 

Charles T. Barnard 
Charles A. Heed 
Francis S. Babbitt 

Rufus A. Dunham 



Orlando G. Robinson, 
James A. Crovell . 



Attleborougb. 
Norton. 



Easton. 

Taunton. 
'J'auuton. 
Taunton. 

Fairhaven. 



New Bedford. 
New Bedford. 



A. Edwin Clarke . New Bedford. 
James R. Denham . New Bedford. 



Westport 
Dartmouth 



.} 



John W. Gifford 



Westport. 



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

( Fall River, Wards 

■] 5, G . 
( Somerset 



Geori^e W. Billings . Fall River. 
Frank W Burr . j Fall Puver. 
John B. Whitaker . Fall River. 

James F. Davenport, j Fall River. 
Job M. Leonaid . Somerset. 



f Seekonk . 
J Swaiizey 
j I'n'hobolh 
l_ Diglitou . 



o 



)-\ Francis A. Ilorr 



.J 



Difrhton. 



House of Representatives. 
COUNTY OF PLYMOUTH. 



323 



1st, 
2d, 

3d, 

4th, 
5th, 
Cth, 

7th, 

8th, 

9th, 

10th, 

11th, 



Town or Ward. 



Name ot Keprcsentative. Residence 



j Iliiigham 
{ Mull 

iCohnsset 
Scituate . 
South Scituate 

r Marshfield 
j Pembroke 
I Hanson . 
tllaliiax . 

f Duxbury 
j Kiiiijston 
1 Plyrupton 
[^ Carver . 

Plymouth 

C Wareham 
J Rochester 
I ]\Iarion 
l_]Mattapoisett . 

( jNIiddleborough 
I Lakeville 

( Bridgewater . 
\ East Bridgewater 

j Rocliland 
I Hanover . 

( Brockton 

I West Bridgewater 

( Abington 

I South Abington 



Joseph Jacobs, juu. 
Alpheus Thomas 

George Baker . 

Benj W. Robbins 
Winslow W. Avery 
Noble W. Everett 

John C. Sullivan 
L. Watts Richards 

R. C. Waterman 

Davis S. Packard 
Francis E. Howard 

William R. Vining 



ningham. 
So. Scituate. 

Marshfield. 

Carver. 

Plymouth. 

Wareham. 

Middleboro'. 
E. B'gewater. 

Hanover. 

Brockton. 
W. B'gewater. 

So. Abington. 



COUNTY OF BARNSTABLE. 



1st, 
2d, 



< Sandwich 
( Falmouth 

( Barnstable 
I Mashpee 



;[ 



Bi'adford B. Briggs 
Francis D. Cobb 



Sandwich. 
Barnstable. 



324 



House of Representatives. 
COUNTY OF BARNSTABLE — Concluded. 



District. 



„ J 5 Yarmouth 
^' I ■} Dennis . 



4th, 



5th, 



6th, 



(Hai 

I Chf 



Harwich 
Chatham 



f Brewster 
j Orleans • 
) Eastham 
I, Wellfleet 

I Truro . 
( Provincetown 



Name of Bepresentative. Residence. 



David Fisk 



Watson B. Kelley 



John A. Clark 



Atkins Hughes 



Dennis. 
Harwich. 

Eastham. 

Truro. 



COUNTY OF DUKES. 



1st, 



f Chilmark 
t Cottage City 
J Edgartown 
I Gay Head 
Gosnold . 
[Tisbury . 




COUNTY OF NANTUCKET. 



1st, Nantucket 



Josiah Freeman 



Nantucket. 



GEORGE A. HARDEN . 
DANIEL W. WALDRON 
O. F. MITCHELL . 



Clerk. 

Chaplain. 

Sergeant-at-AiTns. 



JUDICIAL DEPARTMENT. 



SUPREME JUDICIAL COURT. 



CHIEF JUSTICE. 



MARCUS MORTON qf Andover. 



ASSOCIATE JUSTICES. 



WILLIAM C. ENDICOTT 
OTIS P. LORD . 
WALBRIDGE A. FIELD 
CHARLES DEVENS . 
WILLIAM ALLEN . 
CHARLES ALLEN . 



of Sahm. 
of Salem, 
of Boston, 
of Worcester, 
of Northampton^, 
of Boston. 



SUPERIOR COURT. 



CHIEF JUSTICE. 

LINCOLN F. BRIGHAM of Salem. 

ASSOCIATE JUSTICES. 

JULIUS ROCKWELL of Lenox. 

ROBERT C. PITMAN of Newton. 

JOHN W. BACON of Natick. 

P. EMORY ALDRICH of Worcester. 

WALDO COLBURN of Dedham. 

WILLIAM S. GARDNER of Newton. 

HAMILTON B. STAPLES of Worcester. 

MARCUS P. KNOWLTON of Springfield. 

CALEB BLODGETT of Boston. 

ALBERT MASON of Brookline. 



326 



Judicial Departmfat. 



JUDGES OF PROBATE AND 

JOHN W. McKIM, Boston 
GEORGE F. CIIOATE, Salem 
GEORGE M. BROOKS, Concord . 
ADIN THAYER, Worcester . 
WILLIAM G. BASSETT, Easthampton 
WILLIAM S. SHURTLEFF, Springfield 
CHESTER C. CONANT, Greenfield 
JAMES T. ROBINSON, North Adams 
GEORGE WHITE, Newton . 
WILLIAM n. WOOD, Middleborough 
EDMUND H. BENNETT, Taunton 
HIRAM P. HARRIMAN, Wellfleet . 
JOSEPH T. PEASE. Edgartown . 
THADDEUS C. DEFRIEZ, Nantucket 



I.NSOLVENGY. 

Suffolk. 
EssF.x. 

MiDDLKSKX. 
WoRCKSTFJi. 
IlAMPSniRE. 

Hampdex. 

fuanklix. 

Berkshire. 

Norfolk. 

Plymouth. 

Bristol. 

Barnstable. 

Dukes. 

Nantucket. 



REGISTERS OF PROBATE AND INSOLVENCY. 



ELIJAH GEORGE, Boston 
JEREMIAH T. MAIIONEY, Salem 
JOSEPH II. TYLER, Winchester . 
CHARLES E. STEVENS, Worcester 
LUKE LYMAN, Northampton . 
SAMUEL B. SPOOXER, Springfield 
FRANCIS M. THOMPSON, Greenfield 
EDWARD T. SLOCUM, Lee . 
JONATHAN COBB, Dedham . 
DANIEL E. DAMON, Plymouth . 
WILLIAM E. FULLER, Taunton . 
FREEMAN II. LOTHROP, Barnstable 
HEBRON VINCENT, Edgartown . 
SAMUEL SWAIN, Nantucket. 



Suffolk. 

Essex. 

Middlesex. 

Worcester. 

Hampsiiirr. 

Hampden. 

Franklin. 

Berkshire. 

Norfolk. 

Ply.moutii. 

Bristol. 

Barnstable. 

Dukes. 

Nantucket. 



DISTRICT ATTORNEYS. 

OLIVER STEVENS, Boston . 
WILLIAM B. STEVENS, Stoneham 
EDGAR J. SHERMAN, Lawrence . 
ASA FRENCH, Braintree 
IIOSEA M. KNOWLTON. New Bedford 
FRANCIS T. BLACKMKR, Worcester . 
ANDREW J. \VA I'ERMAN, Pittsfield . 
DANIEL W. BOND, Northauiptou . 



Suffolk. 

Northern. 

Eastern. 

South-Eastkrn. 

Southern. 

Middle. 

Western-. 

North- Western. 



Judicial Department, 



327 



SIIEKIFFS, 

JOHN M. CLARK, IVostqn . 
HORATIO G. HERRICK, Lawrence . 
EBEN W. FISKE, Waltham . 
AUGUSTUS B. R. SPRAGUE, Worcester 
HENRY A. LONGLEY, Northampton . 
HHIAM Q. SANDERSON, Springfield . 
GEORGE A. KLMBALL, Greenfield 
HIRAM B. WELLINGTON, Fittsfield . 
RUFUS C. WOOD, Dedliam . 
ALPHEUS K. HARMON, Plymouth 
ANDREW R. WRIGHT, Fall River 
THOMAS HARRIS, Barnstable . 
FRANCIS €. SMITH, Edgnrtown . 
JOSIAH F. BARRETT, Nantucket 



Suffolk. 

Essex. 

Middlesex. 

Worcester. 

Hampshire. 

Hampden. 

Fp.axklin. 

Berkshire, 

Norfolk. 

Plymouth. 

Bristol. 

BarxstablK. 

DuKKS. 

Naxtucket. 



CLERKS OF COURTS. 

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



JOHN NOBLE, Boston, Supreme Judicial Court . Suffolk. 

JOSEPH A. WILLARD, Bost., Superior Ct,, Civil T. > j. 

JOHN P. MANNING, Boston, Criminal Term . I ^^^^^'^• 

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

THEODORE C. IIURD, Cambridge . . . Middlesex. 

THEODORE S. JOHNSON, Worcester . . . Worcester. 

WILLIAM II. CLAPP, Northampton . . . Hampshire. 

ROBERT O. MORRIS, Springfield . . . Hampden. 

EDWARD E. LYMAN, Greenfield. . . . Franklin. 

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

ERASTUS WORTHIXGTON, 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. 



828 



Members of ('ongress. 



MEMBERS OF THE FOETY-SEVENTH CONGRESS. 



[Congregsional DJ8trict« CBtabllslied by Chap. 300, Acts of 1872, and Chap. 113, Acts of 

1876.] 



SENATORS. 



HENRY L. DAWES 
GEORGE F. HOAR 



of Pimjield. 
of Worcester. 



REPRESENTATIVES. 

District I. — WILLIAM W. CRAPO . 
IL — BENJAMIN W. HARRIS 

III. — AMBROSE A. RANNEY 

IV. — LEOPOLD MORSE 

v. — SELWYN Z. BOWMAN 

VI. — EBEN F. STONE . 

VIL— WILLIAM A. RUSSELL 

VIIL— JOHN W. CANDLER . 

IX. — WILLIAM W. RICE . 

X. — AM ASA NORCROSS . 

XL — GEORGE D. ROBINSON 



of New Bedford. 

of East Bridgewater. 

of Boston. 

of Boston. 

of Somerville. 

of Newburyport. 

of Lawrence. 

of Brookline. 

of Worcester. 

of Fitchburg. 

of Chicopee. 



Commonbjcaltfj of IHassacijusctts. 



Secretaiit's Department, Boston, July 21, 1882, 
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. 

I further certify that the tables showing the changes 
made in the general statutes by the legislation of the 
present year have been prepared and are published as an 
appendix to this edition of the laws by direction of the 
Governor, in accordance with the provisions of chap, 238 
of the Acts of 1882. 

HENRY B. PEIRCE, 

Secretary of the Commonwealth. 



INDEX 



INDEX. 



A. 

Page 

Abatement of taxes, costs in appeals for 176 

Abington, town of, may lay out a public park 15 

Acade'.ny, Notre-Dame, in Boston, proceedings confirmed ... 90 

Accounts of the treasurer and auditor, relating to 81 

Action barred, after possession of estate by mortgagor for twenty years, 

upon entry of a decree by the court 185 

Acton, town of, may raise money to pay certain bounties .... 72 
Adams, town of, may raise money for payment of expenses incurred in 

division of town 71 

Address of the governor to the legislature 259 

Adjutant-general to continue work on war records 247 

Adulteration of food and drugs, relating to 206 

Aged Women, Home for, in Boston, may hold additional estate . . 47 

Agent of the board of education, additional, may be appointed . . 251 

Agricultural College, Massachusetts, allowance to 250 

Agricultural College, trustees of, additional copies of report of, to be 

printed 245 

Agricultural experiment station established 172 

Agricultural Society, Housatonic, may hold additional real estate . . 38 

Aldermen, mayor and, construction of words in laws relating to cities . 122 

Allotments and bounties of volunteers, payment of 82 

Almshouse, state, at Tewksbury, barn accommodations to be increased 

at 2S9 

Amendments and corrections of the Public Statutes, relative to print- 
ing of 237 

Ames Manufacturing Company may increase capital stock ... 96 

Analysis and inspection of intoxicating liquors regulated .... 177 

Andover, town of, may pay certain bounties 93 

Appeals for abatement of taxes, payment of costs in 176 

from taxation of costs in civil actions, relating to ... . 184 

in police, district and municipal courts in civil cases ... 73 
from decisions of county commissioners to railroad commissioners, 
relative to crossing of ways or severance of private lands by 

railroads 98 

Appropriations : 

Maintenance of Government, — 
Legislative, Executive, Secretary's, Treasurer's, Auditor's, Attor- 
ney-General's, Agricultural, Educational and Military de- 
partments, Tax Commissioner's bureau. Commissioners and * 

Miscellaneous ^ 



ii Index. 

Page 
AppROPKiATiONS — Concluded . 

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

and District-Attorneys, salaries 9 

Maintenance of Government, further additional, — 
Legislative, Executive, Agricultural and Military departments, 
State House, miscellaneous, incidental and contingeut ex- 
penses 23 

for mileage and compensation of members of the legislature, for 

compensation of officers, and for other purposes ... 8 

for certain educational purposes 12 

for sundry charitable expenses 20 

for expenses of the various charitable and reformatory institutions, 

and for other purposes 28 

for certain expenses authorized in the year eigliteen hundred and 

eiglity-one 30 

for expenses autliorized in the year eighteen hundred and eighty- 
two, and for other purposes 70,119,230 

for double tracking and improvement of tlie Troy and Greenfield 

Hail road and Iloosac Tunnel 17-1 

Aqueduct riglits in North Adams, for supply of water for the Troy and 

Greenfield Railroad 138 

Arrests, reports of, to be made monthly to prison commissioners . . 179 
Assessment of taxes on the personal estate of insolvents, joint owners, 

and tenants in common 122 

Assessment of taxes upon mortgaged real estate 131 

Assessors to notify persons, etc., to make returns of property held for 

literary, etc., purposes 175 

Assistant district-attorney for the eastern district may be appointed . 117 

Assistant harbor masters may be appointed 174 

Assistant register of probate and insolvency for the county of Suffolk, 

salary established 101 

Association, Baker and Ilorton Cemeterj', in the town of Rehoboth, in- 
corporated G2 

Boston Police Relief, charter amended 62 

Longfellow Memorial, incorporated 194 

Pine Grove Cemetery, in Sheffield, incorporated .... 32 
South Congregational Cemeterj-, in town of Dennis, incorporated, 59 
Young Men's Cliristiau, of Lynn, may hold additional real and 

personal estate 40 

Associations for charitable and other purposes, powers and duties en- 
larged 149 

co-operative saving fund and loan, relating to 19j 

law library, annual payments to 193 

comi)osed of soldiers may parade witli arms at the decoration of 

soldiers' graves 1*54 

Assurance Company, Guarantee, of Boston, incorporated . . . 33 
Attlel)orougli. First Universalist Society in, doings ct>nfirmed ... 51 
Attorneya-at-law, women may be admitted to practice as . . . . 100 
Auditor, relating to accounts of 81 



Index. iri 
B. 

I'age 
Babson, David, of Rockixirt, to have exclusive right in Granite or Goose 

Cove I'ond, in Gloucester, for cultivation of lobsters, etc. . 118 
Bail, deposit of money in lien of giving sureties in criminal i-ases . . !i8 
Baker and Horton Cemetery Association, in the town of Behoboth, in- 
corporated (!'i 

Ballots, "stickers," so called, not to be counted 2(14 

Bank, Savings, Warren, incorporated 37 

Banks, savings, commissioners of, salaries of clerks, established . . 108 
insolvent, receivers to deposit books and papers with commis- 
sioners of savings banks G'J 

Banks, savings, and institutions for savings, investments of, in stock of 

banks, etc., limited 179 

may make adilitional investments l.s'J 

names of boards of investment to be published .... 47 
time extended to, for selling real estate acquired by foreclosure of 

mortgage, etc 162 

Berkshire, Central, district court of, salary of clerk 192 

Bertram Home for Aged Jlen, name established Ho 

Billianl rooms, bowling alleys, etc., fees for licenses to keepers of . . 203 

Blue fish and striped bass in waters of Edgartown, protection of . . 53 

Board of education may employ an additional agent 251 

Board of police commissioners, attendance of witnesses before . . 211 
Boilers, locomotive, to be tested under regulations prescribed by the 

railroad commissioners (50 

Bolton, Charles S., allowance to 239 

Bonds required for licenses for sale of intoiicating liquors, statements 

of sureties on 204 

Bonds in appeals in civil cases in police, district and municipal courts, 

filing of 73 

Boston, city of, harbor lines in East Boston established .... 45 

city of, may permit the erection of certain wooden buildings . . 75 

citj' of, additional probation otticers for 94 

city of, teachers in service of, may be instructed in the normal 

school of Boston 99 

city of, may take land for a public library 104 

city of, may issue a public park loan 123 

city of, general meetings of citizens in 154 

city of, applications for licenses for sale of intoxicating liquors in . 178 

city of, construction, use and inspection of buildings in . . . 196 
city of, grade crossings of railroads in northerly part of, subject 

to be considered by the I'ailroad commissioners .... 249 

city of, municipal court of, additional associate justice for . . 40 
city of, certain municipal courts in, when the justice is absent, the 

justice of another court may preside 41 

city of, municipal courts in, salaries of justices and clerks . . 192 
city of, sewage of, not to be discharged into Dorchester Bay . . 202 
Boston and Albany Railroad, stock of the Commonwealth in, to be ex- 
changed for bonds 90 

Boston and Bangor Steamship Company, name established ... 17 
Boston and Cambridge, bridge over Charles River between, may be 

constructed 115 



IV 



Index. 



Boston, Clinton and Fitcliburg, and Old Colony Railroads may unite 

Boston Li<,'lit Infantry Veteran Corps, incorporated . 

Boston P(jlice Relief Association, charter amended 

Boundary line between Petersham and Dana established . 

Boundary line between Cliilmark and Tisbury established 

Bounties of volunteers, relative to payment of ... . 

Braintree, town of, to rebuild bridge over Monatiquot River . 

Bridge over Blue River, town of Duxbury may discontinue draw 
over Charles River between Cambridge and Boston . 
Essex Merrimack, reconstruction of portion of . 
across an arm of the sea in Hingham may be constructed 
over Little River may be constructed by city of Haverliill 

between ^larshfield and Scituate 

over Monatiquot River in Braintree to be rebuilt 

Rocks, over Merrimack River, draw in, to be reconstructed 

Bridge Company, Duxbury, incorporated 

Bridge Company, White's Ferry, incorporated .... 

Bridges, Charles River and "Warren, rights of Commonwealth in, 
be assigned to Boston when new bridge is built . 

Bridges constructed by county, travel over, to be controlled by the 
county commissioners 

Brighton, first jiarish in, proceedings confirmed .... 

Brockton, city of, may make an additional water loan 

Brockton Gas Light Company, name established 

Brookline, iiolice court of, established 

Buildings, inspection of 

Buildings in the city of Boston, construction, use and inspection of 

Bureau of statistics of labor to investigate the liability of employers for 

injuries received by their employes .... 

to complete and publish an abstract of the social and industrial 

statistics of the Commonwealth 

Burial place to be jirovided for prisoners dying in the reformatory prison 
for women 

Burke, James, allowance to 



may 



Page 
(>:{ 
94 
62 

108 
38 
82 
37 
32 

115 
77 
50 

153 
70 
37 

139 

140 
70 

100 

80 
181 
140 

40 
183 
156 
19G 

242 

243 

173 

247 



c. 

Cable Company, Subterranean, of Boston, charter amended . . . 123 
Cadets, Veteran Association of the Independent Corps of, may liold 

additional estate 75 

Cambridge, house of correction at, may be improved and repaired . . 110 

Cambridge, police court of, abolished 183 

Cambridge and Boston, bridge may be constructed over Charles River 

between '. 115 

Camp-ground, state, state encampment of the Grand Army of the Re- 
public at 241 

Capron, Jennie S., and children of Clement L. Capron, allowances to . 247 

Carriages and horses, penalty for illegal taking and using . . . 185 

Cars, railroad, to be furnished with certain tools, etc. .... 48 

Cattle, contagious diseases among, extermination of 257 

Cemetery Association, Baker and Ilortou, in the town of Rehoboth, 

incorporated ()2 

Pine Grove, in SliefTield, incorporated ;?2 

South Congregational, in the town of Dennis, incorporated . . 59 



Index. 



Cemetery, Memorial, in the town of Westborough, concerning . . 184 

Change of names 290 

Charlemont, town of, allowance to 244 

Charitable, literary and scientific purposes, property held for, returns to 

be made to assessors not later than the first day of July . . 175 
Charles River and Warren bridges, riglit of the Commonwealth in, may 

be assigned to Boston when new bridge is built .... 100 
Charles River Street Railway Company, incorporation and locations con- 
firmed 129 

Chase, Lyman H., town of Essex may pay soldier's bounty to . . . 53 

Check lists in cities, preservation of 61 

Chelsea, police court of, clerk to be appointed 132 

Chi Psi Fraternity in Williams College, trustees of the chapter of, in- 
corporated 51 

Children under twelve years of age, juvenile offenders, arrest and 

commitment of • 95 

less than two years of age, penalty for abandonment by parents . 213 

indigent and neglected, relating to 135 

illegitimate, descent of real estate of 97 

illegitimate, under age of one year, taken for board, overseers of 

poor to be notified 213 

Chilmark and Tisbury, towns of, boundary line established ... 38 
Christmas day, when it occurs on Sunday, the following day to be a 

legal public holiday 46 

Cisco, Samuel C. and Sarah M., of tribe of Hassanamisco Indians, allow- 
ance for repairing dwelling-house 242 

Cities, sealers of weights and measures in, appointment of ... 41 

registration of voters in 193 

checklists in, preservation of 61 

mayors of, power to vote as presiding officers defined . . . 134 

Cities and towns, payment of indebtedness by 97 

may recover from pauper the cost of his support .... 83 

may regulate sale and use of toy pistols, etc 230 

may regulate inspection of kerosene, etc 195 

may lay out public parks within their limits Ill 

may provide for the preservation, etc., of forests .... 200 

correction of errors in registration of voters in 212 

City of Boston, municipal court of, additional associate justice for . . 40 

municipal courts in, salaries of justices and clerks .... 192 
certain municipal courts in, when the justice is absent, the justice 

of another court may preside 41 

harbor lines in East Boston established 45 

may permit the erection of certain wooden buildings ... 75 

additional probation officers for 94 

teachers in service of, may be instructed in the normal school of 

Boston 99 

may take land for public library 104 

may issue a public park loan 123 

general meetings of citizens 154 

advertising applications for licenses for sale of intoxicating liquors 

in 178 

construction, use and inspection of buildings in .... 196 
sewage not to be discharged into Dorchester Bay, etc. . . .202 



vi Index. 

Page 
City of Boston, <rrade crossings of railroads in northerly part of, subject 

to be considered by the railroad commissioners .... 249 

City of Brockton, additional water loan 140 

City of Fall River may lay out a way across the Brightman burial 

ground 65 

tenure of office of police officers in 148 

City of Haverliill n)ay constiiict a wharf and bridge at Little River . 153 

allowance to David B. Tenney, treasurer, etc 238 

City of Holyoke may construct a common sewer 110 

City of Lawrence, for securing better drainage, and for the preservation 

of the ]Hiblic health in . . ' 124 

City of New Bedford, allowance to the overseers of the poor of . . 240 

City of Newton may lay out parks and public squares .... 41 

charter revised 157 

City of Salem, parcel of land in Peabody annexed to .... 83 

may take lands and flats in the South Mill Pond .... 143 

City of Taunton may increase its water loan 118 

charter revised 162 

City of Worcester, time extended for taking land for park and reser- 
voir in 85 

Civil actions, relating to costs in 208 

appeals from taxation of costs in 184 

Civil government, lists of national, state, district and county officers . 307 
Clerks of courts to return to secretary of Commonwealth in relation to 

libels for divorce 148 

Clinton, towu of, water supply for 18 

Cole's River and tributaries, lisheries in, regulated 142 

College, Massachusetts Agricultural, agricultural experiment station to 

be maintained at 172 

additional copies of report of trustees of, to be printed . . . 245 

allowance to 250 

College, Williams, trustees of the chapter of the Chi Psi Fraternity in, 

incorporated " . . 51 

Commercial Wharf Company, charter extended 40 

Commissioner, tax, to furnish assessors with certain printed forms . 175 
Commissioners, county, to control travel over bridges constructed or 

maintained in whole or in part by the county .... 80 

to determine the location of common landing-places ... 81 
appeals from decisions of, relative to crossing of ways or severance 

of private lands by railroads 98 

Commissioners, county, of Essex, to reconstruct draw in Rocks Bridge 

over Merrimack River 139 

of Middlesex may repair house of correction at Cambridge . . 110 
of Plymouth may construct highway and bridge across an arm of 

the sea in Hingham 50 

Commissioners, harbor aud land, may purchase certain flats at South 

Boston 240 

Commissioners, police, attendance of witnesses before a board of . . 211 

Commissioners of prisons, reports of arrests to be made monthly to . 180 

to prescribe forms of blanks for certain court returns . . . 179 

Commissioners, railroad, to re-locate depot at Stockbridge ... 60 

to make aud publish regulations for testing boilers of locomotives, fiO 



Index. vii 

Page 
Commissioners, railroarl, appeals to, from decisions of county commis- 
sioners relative to crossing of ways oi* severance of private 

lands by railroads 98 

to consider and report concerning grade crossings of railroads in 

tlie northerly part of tlie city of Boston 249 

Commissioners of savings banks, salaries of clerks established . . 108 
Common victnallers to keep premises closed between hours of twelve at 

niglit and five in the morning ^ • 189 

Commonwealth, funds of, investment regulated 96 

shares of, in tlie stock of the Boston and Albany Railroad to be 

exclianged for bonds 90 

shares of, in tlie stock of the New York and New England Rail- 
road may be sold or exchanged 187 

Compensation of assistant clerks, doorkeepers, etc., of the senate and 

house of representatives 203 

Compensation of the militia 133 

Congress, districts for electing representatives to, established . . . 198 

Connecticut River, transportation of logs and timber upon, regulated . 235 
Conservatory of Music, New England, may hold additional real and 

personal estate 100 

Construction and inspection of factories, public buildings, etc. . . 210 

Contagious diseases among horses and cattle, extermination of . . 257 

Contested elections, reports of cases of, to be published and distributed, 257 

Convicts, poor, relating to discharge of 152 

Co-operative saving fund and loan associations, relating to . . . 195 

Cooml)s, Melzar W., allowance to 240 

Coriwrations for charitable and other purposes, powers and duties en- 
larged 149 

Correction of names upon tax bills, etc 193 

Correction of omissions in the registration of voters, provided for . . 212 

Costs, in appeals for abatement of taxes, payment of .... 176 

in civil actions, relating to 208 

in civil actions, appeals from taxation of 184 

County commissioners, appeals from decisions of, relative to crossing of 

ways or severance of private lands by railroads .... 98 
to control travel over bridges constructed or maintained in whole 

or in part by the county 80 

to determine the location of common landing-places ... 81 

County commissioners of Essex to reconstruct draw in Rocks Bridge . 139 

of Middlesex may repair house of correction at Cambridge . . 110 
of Plymouth may construct highway and bridge across an arm of 

the sea in Hingham 50 

County taxes granted 250 

Court, district, of Central Berkshire, salary of clerk 192 

of Essex, first, salaries of justice and clerk 192 

of Hampshire, established 180 

of Eastern Middlesex, first, salaries of justice and clerk . . 67, 192 

of Eastern Middlesex, third and fourth, established . . . 183 
of Southern Middlesex, first, town of Hopkinton not included in 

judicial district of 124 

of "Worcester, central, salary of assistant clerk .... 192 

of Eastern Worcester, second, salaries of justice and clerk . . 192 
of Southern Worcester, third, salary of justice . . > . . .192 



viii Index. 

Page 

Court, municipal, of the city of Boston, additional associate justice for . 41 
of the East Boston district, town of Winthiop to be in judicial 

district of 107 

of the East Boston district, salaries of justice, clerk, etc. . . 192 

Court, police, of Brookline, established 183 

of Cambridge, abolished 184 

of Chelsea, clerk to be appointed 132 

of Fitchburg, salaries of justice and clerk 192 

of Haverhill, salaries of justice and clerk 192 

of Lowell, salary of clerk 52 

of Marlborough, established 183 

of Newburyport, salaries of justice and clerk 192 

of Somerville, salaries of justice and clerk 192 

Court, superior, salaries of justices 155 

in the county of Suffolk, salaries of oliicers 193 

Court, supreme judicial, establishment of exceptions by . . . . 186 

for Suffolk County, compensation of officers in attendance upon . 182 

Courts, municipal, of the city of Boston, certain, when justice is absent, 

the justice of another court may preside 41 

Courts, police, district and municipal, filing of bonds in appeals in civil 

cases 73 

Criminal cases, deposit of money in lieu of furnishing sureties in . . 98 

D. 

Dana and Petersham, towns of, boundary line established between . 108 

Danvers, Peabody Institute in, incorporated 66 

Davis, Augustus N., allowance to 243 

DeWolf, Austin, and others, and the Troy and Greenfield Railroad and 

Hoosac Tunnel, award of arbitrators between, confirmed . 244 

Deer, protection of 151 

Dedham, Second Parish of, re-organization as First Congregational Par- 
ish in Norwood, confirmed . . 19 

Dedham Water Company may sell property to town of Dedham . . 17 
Dennis, town of. South Congregational Cemetery Association in, incor- 
porated 69 

Dennis and Yarmouth Improvement Conipany, incorporated ... 91 
Departments of the Commonwealth, estates may be taken or leased for 

accommodations for 205 

Depositions to perpetuate the testimony of witnesses without the Com- 
monwealth, relating to 101 

Descent of the real estate of illegitimate children 97 

Disabled soldiers' employment bureau, allowance to 248 

Diseases, contagious, among horses and cattle, extermination of . . 257 

Discharge of poor convicts, relating to 152 

Distribution of public documents, relating to 118 

Distribution of the personal estate of married women, relating to . . 101 

District school system abolished 176 

Districts for choice of representatives in congress established . . . 198 
District-attorney for the eastern district, salary established . . .117 

may appoint an assistant district-attorney 117 

District-attorneys, first and second assistant, for the Suffolk district, 

salaries of 193 



Index. ix 

Page 

District court of Central Berkshire, salary of clerk 192 

of Essex, first, salaries of justice and clerk 192 

of Hampshire established 180 

of Eastern Middlesex, first, salaries of clerk and justice . . 67, 192 
of Eastern Middlesex, third and fourth, established .... 183 
of Southern Middlesex, Hopkinton not to be included in dis- 
trict of 124 

of "Worcester, central, salary of assistant clerk 192 

of Eastern Worcester, second, salaries of justice and clerk . . 192 

of Southern "Worcester, third, salary of justice 192 

District police, relating to duties of 156, 211 

Divorce, statistics of, to be published by the secretary of the Common- 
wealth 148 

Divorce, relating to the making and entering of decrees of . . . 178 

Documents, public, distribution of 118 

Dorchester, first parish in, may sell certain real estate .... 59 

Dorchester Bay, sewage of city of Boston not to be discharged into . 202 
Draw pier of bridge over Merrimack River to be reconstructed by the 

Eastern Railroad 155 

Drugs, relating to adulteration of 206 

Duxbury, town of, may discontinue draw in bridge over Blue River . 32 

Duxbury Bridge Company, incorporated 140 



East Boston, harbor lines in, established 45 

East Boston district, municipal court of, town of "Winthrop to be in 

judicial district of 107 

municipal court of, salaries of justice, clerk, etc 192 

Eastern district, district-attorney for, salary established .... 117 

assistant district-attorney to be appointed 117 

Eastern Junction, Broad Sound Pier and Point Shirley Railroad Com- 
pany may change its name 14 

Eastern Middlesex, district court of, first, salaries of justice and clerk, 67, 192 

district courts of, third and fourth, established 183 

Eastern Railroad Company may issue preferred stock in exchange for 

certificates of indebtedness 132 

to reconstruct draw pier of bridge over Merrimack River . . 155 

Edgartown, town of, striped bass and bluefish, protection in waters of . 53 

fisheries regulated in Great Pond and Job's Neck Pond, in . .75 

ditching of South Beach in 77 

Education, board of, additional agent for, may be appointed . . . 251 

Election returns, correction of errors in 35 

Election returns, newspapers to be furnished with, by the secretary . 36 

Elections, contested, reports of cases of, to be published and distributed, 257 

Elevator Company, Ocean Terminal Railroad Dock and, relating to . 71 

Elevators, security of 156 

Employes, liability of employers for injuries received by, to be investi- 
gated by bureau of statistics of labor 242 

Employment bureau, disabled soldiers', allowance to .... 248 
Escape of prisoner from custody when einployed outside of place of 

confinement, punishment for 151 



Index. 



Essex county, commissioners to reconstruct draw in Eocks Bridge 

Merrimack River 

Essex Institute may hold additional personal estate . 
Essex Merrimack Bridge, reconstruction of part of . 
Essex, town of, may pay soldier's bounty to Lyman H. Chase 
Essex, first district court of, salaries of justice and clerk . 
Estate, real, of illegitimate children, descent of . 
Estate, real, sold for taxes and other assessments, redemption 
Exceptions, establishment of, by the supreme judicial court 
Executions, staying or superseding of, by writs of I'eview 
Exi^eriment station, agricultural, established at Amherst . 

Explosive compounds, storage of 

Explosive compounds, use of, may be regulated . 

Eye and Ear Infirmary, Massachusetts Charitable, allowance to 



of 



Page 

139 

37 

77 

53 

192 

97 

190 

186 

195 

172 

212 

230 

241 



F. 

Factories, public buildings and tenement houses, construction and in- 
spection of ; fire escapes 210 

Fall River, city of, may lay out a way across the Brightman burial 

ground 65 

tenure of ofHce of police officers in 148 

Fall River Railroad Company may lease road and other property to Old 

Colony Railroad Company 52 

Fees for licenses of keepers of intelligence offices, billiard rooms, etc. . 203 
Fees of officers for summoning witnesses in criminal cases . . . 174 
Females employed in manufacturing, mechanical and mercantile estab- 
lishments, preservation of health of 109 

Fencing of railroads, relating to 121 

Fire district. South Adams, may take water of Dry Brook, in towns of 

Windsor, Cheshire and Adams 55 

Fire escapes, relating to 210 

Fires, protection of forests against 121 

First Congregational Parish in Norwood established 19 

First district court of Eastern Middlesex, salary of clerk established . 67 
First district court of Southern Middlesex, town of Hopkinton not in- 
cluded within jurisdiction of 124 

First Parish in Brighton, proceedings confirmed 181 

First Parish in Dorchester may sell certain real estate .... 59 

First Uiiiversalist Society in Attieborough, doings confirmed ... 51 
Fish and lobsters, penalty for taking, from traps, trawls and seines, 

witiiout consent of owner 48 

Fisheries in waters of Edgartown, striped bass and bluefish ... 53 

in Granite or Goose Cove Poiul 118 

in Great Pond and Job's Neck Pond, in Edgartown, regulated . 75 

herring and sliad, in Cole's River and Milford Pond, regulated , 142 

Fishing in the Merrimack River, relative to 122 

Fitchburg, police court of, salaries of justice and clerk .... li)2 
Flats at South Boston, undivided interests in, may be purchased by the 

harbor an<l land commissioners 240 

Food and drugs, adulteration of 206 

Ford, John, allowance to 244 



Index. xi 

Page 
Forefathers' day, town of Plymouth may appropriate money for cele- 

hration of 17 

Foreign mining, quarrying and oil companies, taxation of ... 78 

Forests, protection of, against fires 121 

preservation and reproduction of 200 

Freeman, Priscilla, allowance to 251 

Freeman, William, allowance to 239 

Freight rates, to prevent discrimination in, by railroad corporations, 72, 179 

Fund, sinking, prison and hospital loan, increased 36 

Funds of the Commonwealth, investments of, regulated .... 96 

G. 

Gardner, town of, water supply for 105 

Gardner "Water Company, incorporated 105 

Gas IJglit Company, Brockton, name established 40 

Gas Li,i;lit Company, North Bridgewater, name changed .... 40 
General statnres, tables of changes in, to be published annually in such 

editions of the laws as governor may direct .... 186 

Gloucester, harbor lines established 76 

Gold Medal Sewing ^Machine Company, name changed .... 8 

Governor, address of, to the legislature 259 

special messages to the legislature 277 

Governor and conncil may appoint additional pilots for ports other than 

the port of Boston 130 

may take or lease estates for the use of the departments of the 

Commonwealth 205 

to consider subject of homeopathic treatment of the insane . . 248 
Grade crossings of railroads in the northerly part of the city of Boston, 

railroad commissioners to consider and report .... 249 
Grand Army of the Kepublic may be authorized to use the state camp 

ground for an encampment 241 

Granite or Goose Cove Pond, in Rockport, lobsters and other useful fish 

may be cultivated in, by David Babson 118 

Grafton, town of, allowance to selectmen of, to repair dwelling-house of 

Samuel C. and Saiah M. Cisco 242 

Great Pond and Job's Neck Pond, in Edgartown, fisheries in, regulated, 75 

Guarantee Assurance Company of Boston., incorporated .... 33 

Gunpowder and other explosive compounds, storage of ... . 212 

H. 

Hale, James "W., Fund, trustees incorporated 43 

Hampshire, district court of, established 180 

Harbor of Boston, preservation of 202 

Harbor lines in East Boston established 45 

in Gloucester harbor established 76 

Harbor masters, assistant, may be appointed 174 

Harbor and land commissioners may purchase undivided interests inflats 

near northerly shore of South Boston 240 

Hartford and Connecticut Valley Railroad Company may build road in 

Massachusetts 85 



xii Index. 

Page 

Haverhill, city of, amendment to act authorizing a hospital in . . . 14 

city of, may construct a wharf and bridge at Little River . . 153 

city of, police court of, salaries of justice and clerk .... 192 

city of, allowance to David B. Tenney, treasurer of . . . . 238 

Health, lunacy and charity, hoard of, to have charge of inspection of 

food and drugs 207 

to have custody of juvenile offenders under twelve years of age . 95 
to have care of indigent and neglected children, and certain ille- 
gitimate children 135, 213 

Heavy artillery, portion of the militia to be exercised in the manual and 

drill of 73 

Highways, notices in cases of injury received on, relative to ... 38 

Hillman, Samuel, allowance to 247 

Hingham, bridge across an arm of the sea in 50 

Hingham, Hull and Downer Lauding Steamboat Company, name estab- 
lished 65 

Holiday, legal public, when Christmas occurs on Sunday, the following 

day to be 46 

Holyoke, city of, may construct a common sewer 110 

Home for Aged Women, in Boston, may hold additional estate . . 47 
Home, Salem Old Men's, name changed to Bertram Home for Aged 

Men 145 

Homoeopathic treatment of the insane, subject to be considered by the 

governor and council, and report to be made .... 248 
Hopkinton, town of, not to be included in judicial district of the first 

district court of Southern Middlesex 124 

town of, U3 ay issue water bonds, etc 136 

town of, certain real estate in, may be taken by the Milford AYater 

Company 141 

town of, iiroceedings of town meeting confirmed .... 200 

Horses and carriages, penalty for illegal taking and using .... 185 

Horses and cattle, contagious diseases among, extermination of . . 257 

Hosiery Company, Lowell, may increase capital stock .... 54 
Hospital, St. Elizabeth's, for women, articles of association confirmed 

and name changed 83 

Hospital in city of Haverhill, amendment to act authorizing ... 14 

Hospital, state lunatic, at Danvers, allowance to trustees of . . . 248 

at Taunton, trustees of, may exchange land with the Old Colony 

Railroad Company 246 

at Taunton, allowance to trustees of - 249 

at Worcester, allowance to trustees of 249 

Housatonic Agricultural Society may hold additional real estate . . 38 
Housatonic Railroad Company, re-location of passenger station at 

Stockbridge 50 

House of correction at Cambridge may be improved and repaired . . 110 
House of representatives, compensation of assistant clerks, messengers, 

etc., of 203 

I. 

Indians, Marshpee, disposition of remaining lands of .... 109 
Idiotic and feeble-minded youth, Massachusetts school for, allowance to 

trustees of 251 



Index. xiii 

Page 

Illegitimate children, descent of the real estate of 97 

Improvement Company, Dennis and Yarmouth, incorporated ... 91 

Indebtedness of cities and towns, relative to payment of . . . . 97 

Indigent and neglected children, relating to 135 

Industrial and social statistics of the Commonwealth, abstract of, to be 

completed and published 243 

Insane, homoeopathic treatment of, subject to be considered by governor 

and council, and report to be made 248 

Insurance Company, Massachusetts Hospital Life, relieved from making 

certain returns 66 

Mercantile Fire and Marine, name established 14 

Mercantile Marine, name changed 14 

Insolvent savings banks, receivers to deposit books and papers with com- 
missioners of savings banks 62 

Inspection and analysis of intoxicating liquors, regulated . . . 177 
Inspection and construction of factories, public buildings and tenement 

houses; fire escapes 210 

Inspection and sale of kerosene, etc., relating to 195 

Inspection of buildings, elevators, etc., relating to 156 

Inspection of buildings in the city of Boston 196 

Institute, Essex, may hold additional personal estate .... 37 

Institute, Peabody, in Danvers, incorporated 66 

Intelligence offices, etc., keepers of, fees for licenses 203 

International Trust Company may make additional investments . . 84 
Intoxicating liquors, licenses for sale of, void, if view of premises is 

obstructed; statements of sureties on bonds .... 204 
licenses for sale of, not to be granted in any place on the same 

street within four hundred feet of a public school . . . 176 

inspection and analysis of 177 

advertising applications for licenses for sale of, in the city of 

Boston 178 

Investment of the funds of the Commonwealth regulated ... 96 

Investments of savings banks, etc., regulated 179, 182 

J. 

Job's Neck Pond, in Edgartown, fisheries regulated 75 

Judge of probate and insolvency for Middlesex county, salary estab- 
lished 96 

Juries, sheriffs', compensation of officers in attendance upon ... 73 
Jurisdiction ceded to the United States over certain land for use of the 

United States fish and fisheries commission .... 97 

Juvenile offenders under age of twelve years, arrest and commitment of, 96 

K. 

Katama Land Company, time for organization extended .... 74 

Kerosene, inspection and sale of ' . . . 195 

L. 

Labor, bureau of statistics of, to investigate the liability of employers 

for injuries received by their employes 242 

to complete and publish an abstract of the social and industrial 

statistics of the Commonwealth 243 



xiv Index. 

rage 
Land, jurisdiction of, ceded to the United States for use of United States 

fislj and lisliei'ies commission 97 

Land may he taken or leased by the {governor and council for the use of 

the departments of the Commonwealth 205 

Land Company, Katama, time for organization extended . ... 74 
Landing-place in the citj' of Lowell, part of, may he discontinued . . 49 
Landing-places, common, location of, to he deteiiuined by county com- 
missioners 81 

Lands, petitions for partiiion of, publication of notices .... 49 

Lands of Marshpee Indians, disjiositioti of 109 

Lawrence, city of, may maintain sewers in the valley of the Spicket 

River for imiiroving drainage, etc 124 

Law library associations, annual payments to 193 

Legion of Hor.or, Supreme Council American, may hold annual meet- 
ings without the Commonwealth 53 

Library, state, allowance for clerical assistance 36 

annual allowance for jinrcliase of books, etc 150 

Library associations, law, annual payments to 193 

Licenses, of keepers of intelligence oiifices, billiard rooms, etc., fees for . 203 
for sale of intoxicating liquors, not to be granted in any place, 
on the same street, within four hundred feet of a public 

school 204 

for sale of intoxicating liquors to be void if view of premises 

licensed is obstructed 204 

sureties on bonds .1 204 

for sale of intoxicating liquors in the city of Boston, advertising 

applications for 178 

Life Insurance Company, Massachusetts Hospital, relieved from mak- 
ing certain" returns 66 

Little River, wharf and bridge at, may be constructed by city of Haver- 
hill 153 

Loan and trust companies, general law for incorporation and regulation 

of, to be reported to tlie next General Court .... 241 
Logs and timber, transiiortation of, tipon the Connecticut River, regu- 
lated 235 

Lobsters, penalty for taking, from traps, etc., witliout consent of owner, 48 
Lobsters, female, penalty for catching or selling, during the mouth of 

July 74 

Lobsters and other useful fish, exclusive riglit to cultivate, in Granite or 

Goose Cove Pond, granted to David Rabson .... 118 

Locations of railroads, in relation to filing of 108 

Locks and Canals on Merrimack River, proprietors of, may discontinue 

part of the lower free landing 49 

Locomotive boilers to be tested under regulations prescribed by the 

railroad commissioners 60 

Logs, transportation of, in Connecticut River, regulated .... 235 

Longfellow Memorial Association, incorporated 191 

Lowell, city of, police court of, .salary of clerk 52 

city of, Merrimack River, improvement of channel in ... 68 

city of, part of lower free landing may be discoutiuued in . . 49 

Lowell Hosiery Company may increase capital stock 54 

Lunatic hospital, state, at Danvers, allowance to trustees. . . . 248 
at Taunton, tiustees of, may exchange land with the Old Colony 

Railroad Compauy 246 



Index. xv 

Page 
Lunatic hospital, state, at Taunton, allowance to trustees of . . 249 

at "Worcester, allowance to trustees of 249 

Lynn, Young Meu's Christian Association of, may hold additional estate, 40 
Lynn and Boston Railroad, location and construction of tracks of . . 67 



M. 

Magginnis, William, allowance to 239 

Maney, Tliomas F., allowance to 249 

Manufacturing Company, Ames, may increase capital stock ... 96 

Pocasset, in Fall River, amount of capital stock determined . . 127 
the Rogers and Spurr, name changed to tlje Spurr Manufacturing 

Company 156 

A. F. Towle & Son, of Newburyport, name changed . . . 181 
Manufacturing, mercantile, and mechanical establishments, preservation 

of health of women emploj'ed in 109 

Marlborough, police court of, established 183 

Married women, distribution of personal estate of 101 

Marshpee Indians, disposition of remaining lands of 109 

Marshfield and Scituate, bridge between 70 

Mason and Hamlin Organ Company, name changed to Mason and Ham- 
lin Organ and Piano Company 45 

Massachusetts Agrictiltural College, agricultural experiment station to 

be established at 172 

additional copies of report of trustees to be printed .... 245 

allowance to 250 

Massachusetts Charitable Eye and Ear Infirmary, allowance to . . 241 
Massachusetts Hospital Life Insurance Company relieved from making 

certain returns 66 

Massachusetts School for Idiotic and Feeble-minded Youth, allowance 

to trustees of 251 

Massachusetts volunteer militia, commissioned officers of, acts confirmed 

and rank determined 237 

compensation of 133 

portion of, to be exercised in the manual and drill of heavy artil- 
lery 73 

Mayor, in case of death, etc., of, chairman of the board of aldermen or 

president of the common council to act 136 

Mayor and aldermen, construction of words in laws relating to cities . 122 

Mayors of cities, power to vote as presiding officers, defined . . . 134 
Memorial of the late Col. Robert G. Shaw may be placed upon the state 

house gi'ounds 251 

Memorial yVssociation, Longfellow, incorporated 194 

Memorial cemetery in the town of Westborough, concerning . . . 184 

Memorial day, associations composed of soldiers may parade on . . 134 

Mercantile Fire and Marine Insurance company, name established . 14 

Mercantile Marine Insurance Com]iany, name changed .... 14 

Merrimack Bridge, Essex, reconstruction of part of 77 

Merrimack Rivur, improvement of channel in city of Lowell ... 68 

fisheries in, regulated 122 

Messages, special, of the govei'nor to the legislature 277 

Messengers and doorkeepers of senate and house, compensation of . . 203 



XVI 



Index. 



Pago 
Middlesex county, judge of probate and insolvency for, salary estab- 
lished 96 

commissioners of, may repair, etc., Louse of correction at Cam- 
bridge 110 

Middlesex, Eastern, district court of, first, salaries of justice and clerk, 67, 192 

Eastern, third and fourth district courts established . . . 183 
Southern, district court of, first, town of Hopkinton not included 

in judicial district of 124 

Milford Pond, fisheries in, regulated 142 

Milford Water Company may take real estate in Hopkinton . . . 141 
Militia, Massachusetts volunteer, portion of, to be exercised in the man- 
ual and drill of heavy artillery 73 

compensation of 133 

ofiScers of, acts confirmed and rank determined .... 237 

Mining, quarrying and oil companies, foreign, relative to taxation of . 78 

Monatiquot Kiver, bridge over, to be rebuilt . . . . . . 37 

Mortgaged real estate assessment of taxes upon 131 

Mortgage, undischarged, after twenty years of uninterrupted possession 
by mortgagor, and decree entered by court, no action to be 

brought to enforce title 185 

sale of real estate by savings banks, acquired by foreclosure of . 152 

Mortgages, sales under power of sale in 61 

Municipal court of the city of Boston, additional associate justice for . 41 
of the East Boston district, town of "Winthrop to be in judicial 

district of 107 

of the South Boston district, salary of justice, etc 193 

Municipal courts of the city of Boston, salaries of justices, clerks, etc. . 192 
in the city of Boston, certain, when justice is absent the justice of 

another court may preside 41 

Municipal indebtedness, annual proportionate payments of, may be 

made instead of establishing sinking-funds 97 



N. 



Names, change of 

National Tube "Works Company may increase capital stock 
Neglected and indigent children, relating to .... 
New Bedford, city of, allowance to the overseers of the poor of 
New England Conservatory of Music may hold additional real and 

sonal estate 

New England Quick Transit Steamship Company, incorporated 
New England Trust Company, investments by . 
New Home Sewing Machine Company, name established . 
New York and New England Railroad Company, shares of 

monwealth in, may be sold or exchanged 
Newburyport, police court of, salaries of justice and clerk 
Newton, city of, may lay out parks and public squares 

charter revised 

Normal school of the city of Boston, teachers in service of the 

be instructed in 

Normal school, state, at Bridgewater, allowance for repairs at 

at Framinghaui, allowance to 

at Worcester, allowance to 



the 



city 



per 



Com 



290 

28 

135 

240 

100 

54 

64 

8 

187 

192 

41 

157 

99 
241 
251 
242 



Index. xvii 



Page 

138 
40 

145 
19 
38 
90 



North Adams, aqueduct rigbts in, to supply the Troy and Greenfield 

Railroad with water 

North Bridge water Gas Light Company, name changed 

Northborough, town of, water supply for 

Norwood, First Congregational Parish in, organization confirmed 
Notices in cases of injui-y received on highways, relative to 
Notre-Dame Academy, in Boston, proceedings confirmed . 

o. 

Ocean Pier and Point of Pines Railroad Company, name established . 14 

Ocean Terminal Railroad, Dock and Elevator Comj^any, relating to . 71 
Oflicers in attendance upon sheriffs' juries, compensation of . . .73 

in attendance upon the supreme judicial and superior courts in 

Suffolk County, compensation of 182, 193 

fees of, for summoning witnesses in criminal cases .... 174 

Oils, inspection and sale of certain 195 

Old Colony Railroad Company may take land in Braintree and Boston . 27 

may take lease of Fall River Railroad 52 

may exchange land with trustees of lunatic hospital at Taunton . 246 

Old Colony, and Boston, Clinton and Fitchburg Railroads may unite . 63 

Old Colony and Hingbam Steamboat Company, name changed . . 65 

Old Men's Home, Salem, name changed 145 

Omissions in the registration of voters, correction of . . . . 193, 212 

Organ Company, Mason and Hamlin, name changed 45 

Organ and Piano Company, Mason and Hamlin, name established . . 45 

Otis, town of, allowance to 246 

P. 

Paper to be used under the contract for the state printing to be pur- 
chased by the secretary of the Commonwealth .... 252 
Parade in public with arms i^ermitted to associations composed of sol- 
diers at the decoration of soldiers' graves 134 

Pardon, imprisonment of convict in case of violation of conditions of . 151 

Park, public, may be laid out in Abingtou 15 

may be laid out in Quincy 56 

Parks, public, in the city of Newton 41 

may be laid out by cities and towns 114 

Partition of lands, publication of notices of petitions for . . . . 49 

error in Public Statutes, corrected 13 

Paupers, cost of support may be recovered against, by cities and towns, 83 

Peabody, town of, parcel of land in, aunexed to Salem .... 83 

Peabody Institute in Danvers, incorporated 66 

Personal estate, subject to taxation, relating to 61 

of insolvents, joint owners, etc., relating to 122 

of married women, distribution of 101 

Petersham and Dana, towns of, boundary line between, established . 108 

Petitions for partition of lands, publication of notices of . . . . 49 

Petroleum, products of, not to be sold unless inspected .... 195 
Pilots, additional, may be appointed for ports other than the port of 

Boston .... - 130 

Pine Grove Cemetery Association in Sheffield, incorporated ... 32 



xviii Index. 

Page 
Pistols, toy, and other dangerous articles, sale and use of, may be regu- 
lated by cities and towns 230 

Plymoutb, town of, may appropriate money for celebrating Forefathers' 

day 17 

Pocasset Manufacturing Company of Fall River, amount of capital 

stock determined 127 

Police commissioners, hoard of, attendance of witnesses before . . 211 

Police court of Brookline, establislied 183 

of Cambridge, abolished 184 

of Chelsea, clerk to he appointed 132 

of Fiichhurg, salaries of justice and clerk 192 

of Haverhill, salaries of justice and clerk 192 

of Lowell, salary of clerk 53 

of Marlborough, established . . 183 

of Newbnryport, salaries of justice and clerk 192 

of Somerville, salaries of justice and clerk 192 

Police, district and municipal courts, tiling bonds in appeals in civil 

cases, relating to 73 

Police Relief Association, Boston, charter amended 62 

Poor convicts, discharge of, relating to 152 

Power of sale in mortgages, sales under, regulated 61 

Primary school, state, at Monson, allowance to 246 

Printing, committee on, to sell the tyi)e used in printing the Public 

Statutes 244 

state, paper to be used under contract for, to be purchased by the 

secretary of the Commonwealth 252 

state, to be furnished by contract 252 

Prison, state, allowance for improvements at 257 

officers of, and their salaries 153 

additional clerical assistance 248 

Prison for women, reformatory, burial place to be provided at . . . 173 

Prison and hospital loan sinking fund, relating to 36 

Prisoners, remand of, in case of violation of CvUiditions of pardon . . 151 
punishment for escape when emjjloyed outside of their places of 

confinement 151 

may be temporarily removed to hospitals for surgical treatment . 156 
may he imprisoned in jail for an offence punishable by confinement 

in the house of correction, etc 189 

Prisons, commissioners of, reports of arrests to be made monthly to . 180 
Prisons, commissioners of, to prescribe forms of blanks for certain court 

returns 179 

Probate and insolvency, assistant register of, for Suffolk County, salary 

established 104 

judge of, for Middlesex County, salary established . . . . 96 

Probation ofHccrs for the city of Boston, additional, may be appointed . 94 
Property held for benevolent, literary or scientilic purposes, returns of, 

to be made on or before the first day of July .... 175 
Proprietors of the locks and canals on Merrimack River may discon- 
tinue part of a landing-i)lace 49 

Public documents, distribution of 118 

Public park may be laid out in Abington 15 

may be laid out in Quincy 56 

Public parks in the city of Newton 41 

may bo laid out by cities and towns 114 



Index. xix 

Page 

PuTdIIc Statutes, certain errors corrected 13 

printing of auieiulments and corrections 237 

Public scliools, licenses for sale of intoxicating liquors not to be granted 

in place witliin a certain distance of 204 

statutes relating to, to be published, etc 245 

Q. 

Quincy, town of, may take part of burial ground for enlargement of 

town ball 20 

may lay out a public park 56 

allowance to • 243 

R. 

Railroad cars to be furnished with certain tools, etc 48 

Railroad coniiuissioners to make and i^ublish regulations for testing 

boilers of locomotives 60 

appeals to, from decisions of county commissioners relative to 

crossing of ways or severance of private lands by railroads . 98 

to re-locate passenger station at Stockbridge, on the Stockbridge 

and Pittsfield Railroad 50 

to consider and report upon railroad crossings in the northerly part 

of the city of Boston 249 

Railroad companies, filing of locations by . . . . . . . 108 

Railroad corporations not to discriminate in 'freight rates . . . 72,179 

emjiloycs of, may form relief societies 191 

estalilishment of 208 

Railroad CoKrouATioNs: 

Boston and Albany Railroad, stock of the Commonwealth in, to 

be exchanged for bonds 90 

Boston, Clinton, Fitchburg and New Bedford Railroad may unite 

with Old Colony 63 

Eastern Railroad, to reconstruct draw pier of bridge over Merri- 
mack River 155 

Eastern Railroad may issue preferred stock in exchange for certifi- 
cates of indebtedness 132 

Eastern Junction, Broad Sound Pier and Point Shirley Railroad 

may change name 14 

Fall River Railroad may lease its road to Old Colony Railroad . 52 

Hartford and Connecticut Valley Railroad may build road in 

Massachusetts 85 

Housatuuic Railroad, re-location of passenger station at Stock- 
bridge ,50 

Lynn and Boston Railroad, location and construction of tracks of, 67 

New York and New England Railroad, stock of the Common- 
wealth in, may be sold or exchanged 187 

Ocean Pier and Point of Pines Itailroad, name established . , 14 

Ocean Terminal Railroad, relating to 71 

Old Colony Railroad may take laud in Braintree and Boston . 27 

Old Colony Railroad may exchange land with trustees of lunatic 

hospital at Taunton 246 

Old Colony Railroad may take lease of Fall River Railroad . . 52 



XX Index. 

Page 
Railroad Corpobations — Concluded. 

Old Colony, and Boston, Clinton, Fitchburg and New Bedford 

Railroads may unite 63 

Troy and Greenfield Railroad, water supply for, in North Adams, 138 
Troy and Greenfield Railroad and Hoosac Tunnel, appropriation 

for double tracking and improvement of . . . . . 174 
Troy and Greenfield Railroad and Hoosac Tunnel, and Austin 

DeWolf and others, award of arbitrators between, confirmed . 244 

Railroads, relating to fencing of 121 

in the northerly part of the city of Boston, railroad commissioners 

to consider and report concerning grade crossings . . . 249 
operated by steam power not to be allowed within three miles of 
the state house without consent of the railroad commission- 
ers, etc 209 

filing locations of 108 

Railway Company, Charles River Street, incorporation and locations 

confirmed 129 

Real estate of illegitimate children, descent of 97 

Real estate, mortgaged, assessment of taxes upon 131 

settlement of titles to 185 

sold for taxes and other assessments, redemption of . . . 190 
Receivers of insolvent banks to deposit books and papers with commis- 
sioners of savings banks 62 

Records of votes, correction of errors in 35 

Redemption of estates sold for taxes and otlier assessments . . . 190 

Reformatory prison for women, burial place for prisoners dying in . 173 
Register of probate and insolvency, assistant, for Suffolk County, salary 

established 104 

Registration of voters in cities, making corrections in, etc. . . . 193 

in cities and towns, correction of errors in 212 

Rehoboth, town of, Baker and Horton Cemetery Association in, incor- 
porated 62 

Relief societies may be formed by employes of railroad and steamboat 

corporations 191 

Religious societies. (See Societies.) 

Report of the Trustees of the Agricultural College, additional copies to 

be printed 250 

Reports of cases of contested elections to be published .... 257 
Representatives in the congress of the United States, districts for choice 

of, established 198 

Returns, election, correction of errors in 35 

Returns, of property held for literary, benevolent, etc., purposes, to be 

made on or before the first day of July 175 

Revere, town of, water supply for 101 

Revere Water Company, incorporated 101 

Review, writs of, staying or superseding executions by .... 195 

Rice and Hutchins, allowance to 246 

Rocks Bridge, over Merrimack River, to be reconstructed . . . 139 
Rogers and Spurr Manufacturing Company, name changed to the Spurr 

Manufacturing Company 156 

Ross, Fanny, allowance to 242 

Roxbury district, municipal court of, salaries of constables . . .193 



Index. xxi 



S. 

rage 
Saint Elizabeth's Tlospital for "Women, articles of association confirmed, 

and name clianged 83 

Saint John's Catliolic Total Abstinence and Mutual Relief Society may 

hold additional estate 47 

Salary of the district-attorney for tlie eastern district .... 117 

Salaries of clerks of commissioners of saviiij^< hanks established . . 103 
of certain justices, clerks and other court officers establislied, 

52, G7, <M, 104, 102, 103 

of justices of the superior court 153 

Salem, city of, parcel of land in Peahody annexed to 83 

Salem, city oE, may take lands and flats in tlie South Mill Pond . . 143 

Saleu] Old Jlen's Home, name chanjjed . 115 

Salem Seamen's Orphan and Children's Friend Society may hold addi- 
tional estate 181 

Sales of real estate by savings banks, etc 152 

Sales under jiower of sale in mortgages regulated fil 

Sandistleld, town of, allowance to 24G 

Sauford Steamship Company, name changed 17 

Saving fund and loan associations, co-operalive, relating to . . . 105 

Savings B;ink, Warren, incorporated 37 

Savings banks, commissioners of, salaries of clerks established . . 108 
Savings banks, insolvent, receivers of, to deposit books and papers with 

commissioners of savings banks G2 

Savings banks and institutions for savings, names of boards of invest- 
ment to be published 47 

investments of, in stock of banks, limited 170 

may make additional investments 182 

time extended to, for selling real estate acquired by foreclosure of 

mortgage, etc 152 

School, "Wlieelwright Scientific, incorporated 31 

School district system abolished 17G 

Schools, public, licenses for sale of intoxicatingliquors not to be granted 

in any place within four hundred feet of buildings occupied by, 204 

statutes relating to, to be published and distributed . . . . 243 

Scituate and Marshfield, bridge between 70 

Sealers of weights and measures in cities, appointment of . , , 41 
Seats to be provided for females employed in mercantile, etc., estab- 
lishments 100 

Second Parish of Dedham, re-organization confirmed; and the proprie- 
tors of the Congregational meeting house in the Second or 

South Parish in Dedham dissolved 19 

Secretary of the Commonwealth, to furnish certain newspapers with 

abstracts of returns of votes 35 

to purchase paper to be used for state printing 252 

to publish statistics of divorce 148 

Seines, penalty- for taking fish from, without consent of owner . . 48 
Senate and house of reiiresentatives, compensation of assistant clerks, 

doorkeepers, messengers, etc., of 203 

Sentences and transfers of prisoners, relating to 189 

Sewing Maciiine Coiiipany, Gold Medal, name changed .... 



xxii Index. 

rage 

Sewing Machine Company, New Home, name established ... 8 

Settlement of titles to real estate, relating to 185 

Shaw, Col. Robert G., memorial of, may be placed upon the state house 

grounds 251 

Sheriffs' juries, oflicers in attendance upon, compensation of . . . 73 

Sinking fund, jirison and liosjjital loan, increase of 36 

Social and industrial statistics of the Commonwealth, abstract of, to be 

completed by bureau of statistics 243 

Societies, relief, may be formed by emijloye's of railroad and steamboat 

corporations 191 

Societies: 

Societe' Franco-Beige de Secours Mutnels et de Bieufaisance, name 
changed to La Pre'voyance, Socie'te de Secours Mutuels de 

Langue Fran(;aise 50 

Dedham, Second Parish of, re-organization as First Congregational 

Parish in Norwood, confirmed 19 

Dorchester, First Parish in, may sell real estate .... 59 

Housatonic Agricultural, may hold additional real estate . . 38 

First Universalist, in Attleborough, doings confirmed ... 51 
St. John's Catholic Total Abstinence and Mutual Relief, Tuay hold 

additional estate 47 

Salem Seaman'.s Orphan and Children's Friend, may hold addi- 
tional estate 181 

Soldiers, associations composed of, may parade with arms at the decora- 
tion of soldiers' graves 134 

Soldiers, disabled, employment bureau, allowance to .... 248 

Somerville, police court of, salaries of justice and clerk .... 192 
Somerville Wharf and Improvement Company allowed further time to 

organize 65 

South Adams fire district may take the water of Dry Brook in towns of 

Windsor, Cheshire and Adams 55 

South Beach in Edgartown, ditching of 77 

South Boston, fiats at, may be purchased by harbor and land commis- 
sioners 240 

South Boston district, municipal court of, salarj* of justice, clerk, etc. . 193 
South Congregational Cemetery Association in town of Dennis, incor- 
porated 59 

South Cove Corporation, charter extended 37 

Spencer, water supply for 87 

Spencer Water Company, incorporated 87 

Spicket River, city of Lawrence may improve drainage in the valley of . 124 

Spurr Matiiifacturing Company, name established 156 

State almshouse at Tewkslniry, liarn accommodations to be increased at, 239 
State camp-ground at Framinghaui, state encampment at, by the Grand 

Army of the Republic 241 

State house, allowance for improvements in basement of . . . . 240 

State house, allowance for repairs upon 257 

State house grounds, memorial of the late Col. Robert G. Shaw may be 

placed upon 251 

State library, allowance for clerical assistance 3i» 

State library, annual allowance for purchase of books, etc. . . . b"'0 

State normal school buildings at Biidgewater, allowance for repairs at . 211 

State normal school at Framinghaui, allowance for repairs, etc. . . 251 



Index. xxiii 

Page 

State normal scliool at "Worcester, allowance to 242 

State primary scliool at Monsou, allowance to 246 

State printing, to be furnished by contract 252 

paper to be used under contract for, to be purchased by the secre- 
tary of the Commonwealth 252 

State prison, officers of, and their salaries 153 

additional clerical assistance for 248 

allowance for improvements at 257 

State tax of two million dollars, apportioned and assessed . . . 214 
Statistics of divorce to be published by the secretary of the Common- 

Avealth 148 

Statutes, Public, certain errors in, corrected 13 

Statutes, Public, printing of amendments and corrections in . . . 237 

Statutes, general, tables of changes in, to be published annually • . 186 

Staying or superseding of executions by writs of review .... 195 
Steamboat Company, Old Colony and Hingham, name changed to Hing- 

ham, Hull and Downer Landing Steamboat Company . . 65 

Steamboat corporations, employes of, may form relief societies . . 191 

Steamship Company, Boston and Bangor, name established ... 17 

New England Quick Transit, incorporated 54 

Sanford, name changed 17 

" Stickers," so called, not to be counted as ballots 204 

Stockbridge, re-location of passenger station at . . .• . . . 50 

Storage of gunpowder and other explosive compounds .... 212 
Street Railway Company, Charles River, incori^oration and locations 

confirmed 129 

Striped bass and bluefish in waters of Edgartown, protection of . . 53 

Sturgeon fishery in the Merrimack River, relative to 122 

Subterranean Cable Company of Boston, charter amended . . . 123 
Suffolk district, first and second assistant district-attorneys for, sala- 
ries of 193 

Summoning witnesses in criminal cases, fees of officers for . . . 174 

Superior court, salaries of justices 155 

Superior court in the count}- of Suffolk, salaries of officers . . . 193 
Supreme Council American Legion of Honor may hold annual meet- 
ings without the Commonwealth 53 

Supreme judicial court, establishment of exceptions by ... . 186 
Supreme judicial court, for Suffolk County, compensation of officers in 

attendance upon 182 

Sureties in criminal cases, deposit of money in lieu of furnishing . . 98 

Surgical treatment of certain prisoners in hospitals 156 

T. 

Tables and indexes of changes in general statutes to be prepared annu- 
ally, and printed with the laws published 186 

Taunton, city of, may increase its water loan 118 

charter revised 162 

Tax bills, correction of names upon 193 

Tax, state, of two million dollars, apportioned and assessed . . . 214 

Tax commissioner, to furnish assessors with certain printed forms, etc., 175 

Taxation, personal estate subject to (il 

Taxation of costs in civil actions, aj)peals from 184 



xxiv Index. 

Page 

Taxation of foreign raining, quarrying and oil companies, relating to . 78 

Taxes, county, granted 250 

aliatenient of, i>ayment of costs in 1"6 

on tlie personal estate of insolvents, joint owners and tenants in 

common, assessment of 1-2 

upon mortgaged real estate, assessment of l-'l 

Taxes and otiier assessments, redemption of estates sold for . . . IHO 

Templeton, town of, allowance to overseers of tlie poor of . . . 21)9 

Tenement and lodging houses, to be ]irovided with fire escapes . • 210 

Tenney, David B., city treasurer of Haverhill, allowance to . . . 238 

Tisbury and Chilmark, towns of, boundary line established ... 38 

Titles to real estate, settlement of 185 

Tolland, town of, allowance to 2iG 

Towle, A. F., & Son, Manufacturing Company of Newbviryport, name 

changed 181 

Towxs : 

Abington may lay out a public park 15 

Acton may raise money to pay certain soldiers' bounties . • 72 

Adams may raise money to pay exiJenses of division of town . 71 

Andover may pay certain bounties ii3 

Braintree to build bridge over Monatiquot River .... 37 

Cliarlemonr, allowance to 244 

Chilmark, boundary line between Tisbury and, established . . 38 

Clinton, water supply f(jr 18 

Dnxburj' may discontinue draw in bridge over Blue Biver . . 32 

Edgartown, protection of striped bass and bluefish in waters of . 53 

Essex may pay a bounty to Lyman H. Chase 53 

Hojikinton, proceedings of town meeting confirmed . . . 200 
Hopkinton not to be incliuled in the judicial district of the first 

district court of Southern Middlesex 124 

Hopkinton may issue water bonds, etc 13(5 

Hopkint(ni, certain real estate in, may be taken by Milford Water 

Company 141 

Northhorougli, water supply for 145 

Otis, allowance to 24G 

Peabody, parcel of land in, annexed to Salem 83 

Plymouth may appropriate money for celebration .... 17 
Quincy may take part of burial ground for enlarging the town 

hall 20 

Quincy may lay out a public park 5(5 

Quincy, allowance to 243 

Sandistield, allowance to 24(i 

Spencer, water supply for 87 

Templeton, allowance to overseers of poor of 23!) 

Tisbury, boundary line between Chilmark and, established . . 38 

TiiUand, allowance to 240 

Tyringham, iiroccedings at town meeting contirmeil , . . 205 

AV;iyland may raise money to complete water works . . . !I3 

Winchester may issue adtlitional water bonds 32 

Winihrop, included in the judicial district of the municipal court 

of East Boston 107 

Towns and cities may provide for the preservation, etc., of forests . 20<» 

piay recover from jiauper the cost of his support .... 83 



Index. xxv 

Page 

Towns and cities, payment of indebtedness 97 

may lay out public parks witliin their limits 114 

correction of errors in registration of voters 212 

may rejj;nlate the sale of toy pistols, etc 230 

may rogtiiate the sale of kerosene, etc I'Ja 

Toy i)istols and other dangerous articles, sale and use of, may be regu- 
lated by cities and towns 2'^0 

Transfers and sentences of prisoners 189 

Transportation of logs and timber upon the Connecticut IMver regu- 
lated 235 

Traps, penalty for taking fish and lobsters from, without consent of 

ownei"s of 48 

Trawls, traps and seines, penalty for taking fish and lobsters from, with- 
out consent of owners of 48 

Treasurer and receiver-general, relative to accounts of . . . • 81 

additional clerical assistance for 83 

to assign to the Boston and Albany Railroad Company the stock 

of the Commonwealth in exchange for bonds .... 90 
may sell, or exchange for bonds, shares of stock in the New York 

and New England Eailroad 187 

may borrow money in anticipation of the revenue .... 238 
to transfer certain sums of money to the Hospital Loan Sinking 

Fund 238 

Trees, forest, preservation and culture of, by cities and towns , . . 200 

Troy and Greenfield Railroad, water supply for, in North Adams . . 138 
Troy and Greenfield Railroad and Iloosac Tunnel, and Austin De Wolf 

and others, award of arbitrators betweeti, confirmed . . 244 
Troy and Greenfield liailroail and Hoosac Tunnel, appropriation for 

double tracking and improvement of 174 

Trust Compan3', New England, investments by Gi 

Trust Company, International, may make additional investments . . 84 
Trustees of the Chai)ter of the Chi Psi Fraternity in Williams College, 

incorporated 51 

Trustees of the James W. Hale Fund, incorporated 43 

Trust companies, loan and, general law for incorporation, etc., of, to be 

reported to the next general court 241 

Tube Works Company, National, may increase capital stock ... 28 

Turner's Falls Company may confirm certain deeds and leases . . 128 

Type used in the publication of the Public Statutes to be sold . . . 244 

Tyringham, town of, proceedings at town meeting confirmed . . . 205 



u. 

United States, land ceded to, for use of the United States fish and fish- 
eries commission 97 



V. 

Vacancies in the office of mayor, relating to 13G 

Veteran Association of the Independent Corps of Cadets may hold addi- 
tional estate 75 

Veteran Corps, Boston Light Infantry, incorporated 94 



xxvi Index. 

Page 
Victuallers, common, to keep premises closed between hours of twelve 

at ni.i;lit and five in tlie morning 189 

Volunteer militia, Massacbusetts, portion of, to be exercised.in the man- 
ual and drill of heavy artillery 73 

compensation of l."3 

coinmissioued officers of, acts confirmed and rank determined . 237 

Volunteers, payment of bounties regulated 82 

Voters, correction of errors in registration of .... . 193, 212 
Votes, abstracts of returns of, to be furnished by the secretary to cer- 
tain newspapers 35 

correction of errors in records of 35 

counting of, " stickers," so called, not to be counted . . . 204 

w. 

"War records in department of the adjutant-general, work on, to be con- 
tinued 247 

Warren and Charles River bridges, rights of the Commonwealth in, may 

be assigned to Boston when new bridge is built .... 100 

"Warren Savings Bank in Warren, incorporated 37 

Water bonds, city of Brockton may issue additional 140 

town of Hopkintou may issue 13G 

town of Winchester may issue additional 32 

Water Company, Dedham, may sell property to town of Dedham . . 17 

Gardner, incoriiorated 105 

Milford, may take real estate in Hopkiuton 141 

Kevere, incorporated 101 

Spencer, incorporated 87 

Water supply for town of Brockton 140 

for town of Clinton 18 

for town of Gardner 105 

for town of Hopkinton 136 

for town of Northborough 145 

for town of Revere 101 

for South Adams fire district 55 

for town of Spencer . 87 

for tlie Troy and Greenfield Railroad in North Adams . . . 138 

for town of Wayland <>3 

Way estate, in Boston, may be taken or leased for the use of the various 

departments of tlie CommonwealMi 205 

Wayland, town of, nuxy raise money to complete water works ... 93 

Weights and measures, ajipointment of sealers of, in cities ... 41 

Westl)orongh, town of. Memorial Cemetery in 184 

Whall, William B. F., allowance to 243 

Wliarf at outlet of Little River may be constructed by city of Haverhill, 153 

Wharf Company, Conniiercial, cliart(;r ext«;nded 40 

Wharf and Improvement Company, Somerville, allowed further time to 

organize G5 

Wlieelwriglit Scientific School, iiicoriiorated 31 

Wliitc's Ferry Briilge Company, incorjiorated 70 

Williams College, Trustees of the Chapter of the Chi Psi Society of, 

incorjKn-ated 51 

Wiuchesler, town of, may issue additional water bonds .... 32 



Index. 



XXVll 



Page 
■Winnisimmet Company may fund debt and secure payment by mort- 
gage 44 

Winthrop, town of, included in the judicial district of the municipal 

court of the East Boston district 107 

Witnesses in criminal cases, fees of officers for summoning . . . 174 
Witnesses before a hoard of police commissioners, attendance of . . 211 
Womeu, eniploj^ed in manufacturing, mechanical and mercantile estab- 
lishments, preservation of the health of 109 

may be admitted to practice as attorneys-at-law .... 100 

married, distribution of personal estate of 101 

reformatory prison for, burial place to he provided for . . . 173 
Women, Aged, Home for, in Boston, may hold additional estate . . 47 
Worcester, city of, time extended for taking land for park and reser- 
voir in 85 

Central district court of, salary of assistant clerk .... 192 

Eastern, second district court of, salaries of justice and clerk , 192 

Southern, third district court of, salary of justice .... ]92 

Writs of review, staying or superseding executions by ... . 195 



Y. 

Young Men's Christian Association of Lynn may hold additional real 

and personal estate 40 



APPENDIX. 



[The following tables have been prepared b}^ Jabez Fox, Esq., appointed 
to that duty under chapter two hundred and thirt^'-eight of the acts of the 
present j'ear, which authorized the governor to appoint some person to 
prepare " tables showing what general statutes have been affected by sub- 
sequent legislation in such manner as to furnish ready reference to all 
changes in such statutes." 

The same act authorized the governor to " cause to be prepared suitable 
indexes to the legislation of the year; " but this work was left as usual 
"With the secretary of the Commonwealth.] 



A TABLE SHOWING WHAT PArvTS OF THE PUBLIC STATUTES HAVE 
BEEN AFFECTED BY SUBSEQUENT LEGISLATION. 



CHAPTER 1, 



OF THE JURISDICTION OP THE COMMONWEALTH AND PLACES CEDED 
TO THE UNITED STATES. 

Sect. 4. Amended by St. 1882, c. 131. 

CHAPTER 2. 

OF THE GENERAL COURT. 

Sects. 17, 18. Superseded by St. 1882, c. 257, §§ 2, 3. 
Sect. 22. Superseded bv St. 1882, c. 257, § 1. 
Sect. 27. Amended bv St. 1882, c. 257, § 4. 
Sect. 34. Affected by St. 1882, c. 49. 

CHAPTER 3. 

OF THE STATUTES. 

An act to define the meaning of the words "mayor and aldermen." 
St. 1882, c. 164. 

CHAPTER 4. 

OF THE PRINTING AND DISTRIBUTION OF THE LAWS AND PUBLIC 

DOCUMENTS. 

An act to provide for the preparation of tables and indexes relating to 
the statutes of the present year and subsequent years. St. 1882, c. 238. 

Sect. 7. Amended by St. 1882, c. 6, § 1. 
Sect. 10. Amended by St. 1882, c. 158. 

CHAPTER 5. 

OF THE STATE HOUSE, THE SERGE ANT- AT-ARMS, AND THE STATE 

LIBRARY". 

The State Library. 

Sect. 18. "Two thousand" substituted for "eighteen hundred." 
St. 1882, c. 29. 

Sect. 20. Repeal and substitute. St. 1882, c. 196. 



xxxii Public Statutes. 

CHAPTER 6. 

OF THE QUALIFICATIONS AND REGISTRATION OF VOTERS. 

An act relating to the correction of names npon tax bills and to the 
registration of voters in cities. St. 1882, c. 247. 

An act to provide for tlie correction of omissions in the registration of 
voters. St. 1882, c. 2G8. 

CHAPTER 7. 

OF THE MANNER OF CONDUCTIXO ELECTIONS AND RETURNING 

VOTES. 

An act concerning the correction of errors in copies of records of votes, 
and the publicity of election returns. St. 1882, c. 28. 

An act to prevent the counting of detached '"stickers," so called, as 
ballots. St. 1882, c. 2G0. 

Sect. 29. Amended by St. 1882, c. 74. 

CHAPTER 9. 

OF THE ELECTION OF REPRESENTATIVES IN CONG HESS, AND ELECTORS 
OF PRESIDENT AND VICE-PRESIDENT. 

Sects. 1, 2. Superseded by St. 1882, c. 253. 

CHAPTER 11. 

OF THE ASSESSMENT OF TAXES. 

Sect. 4. " Or indebtedness" substituted for " due " in sixth line. St. 
1882, c. 76. 

Sect. 5, cl. 3. Affected by St. 1882, c. 217, §§ 2, 4. 

Sect. 14. Amended by St. 1882, c. 175, 

Sect. 20. Amended by St. 1882, c. 105. 

Sect. 38. Atlected by St. 1882, c. 175 ; St. 1882, c. 217, §§ 1, 4. 

Sect. 71. Amended by St. 1882, c. 218. 

Sect. 90. See St. 1882, c. 217, § 3. 

Sect. 91. Affected by St. 1882, c. 133, § 2. 

Sect. 92. Affected by St. 1882, c. 252, § 5. 

CHAPTER 12. 

OF THE COLLECTION OF TAXES. 

Sect. 39. Affected by St. 1882, c. 243, § 3. 
Sect. 50. Affected by St. 1882, c. 243, §§1,2. 

CHAPTER 13. 

OF THE TAXATION OF CORPORATIONS. 

Sect. 6. Affected by St. 1882, c. 217, § 3. 
Sect. 43. Affected by St. 1882, c. 106. 



Table of Changes. xxxiii 

CHAPTER 14. 

OF THE MILITIA. 



Sect. 23. Amended by St. 1882, c. 97. 

Sect. 01. See Res. 1882, c. 15. 

Sect. 127. Amended hv St. 1882, c. 179, 

Sect. 130. Amended by St. 1882, c. 178. 



CHAPTER 15. 

OF THE EXECUTIVE DEPARTMENT AND THE SECRETARY OF THE COM- 
MONS WEALTH. 

The Secretary. 

Sect. 15. Repealed by St. 1882, c. 22G, § 3. 

CHAPTER IG. 

OF THE AUDITOR, TREASURER, AND MATTERS OF FINANCE. 
Act fixing value of pound sterling. St. 1882, e. 110. 

The Treasurer and Receiver-General. 
Sect. 17. Affected by St. 1882, c. 111. 

Matters of Finance. 
Sect. 60. Affected by St. 1882, c. 130. 

CHAPTER 17. 

OF THE ATTORNEY-GENERAL AND DISTRICT-ATTORNEYS. 

An act to provide for the appointment of an assistant district-attorney 
for the eastern district. St. 1882, c. 157. 

Sect. 15. Eastern district. St, 1882, c. 156, 157. Assistants in Suf- 
folk. St. 1882, c. 245, § 2. 

CHAPTER 19. 

OF THE BOARD OF HARBOR AND LAND COMMISSIONERS. 

Sect. 7. Harbor linos established at East Boston. St. 1882, c. 48. 
Harbor lines established at Gloucester. St. 1882, c. 103. 

CHAPTER 20. 
OF THE STATE BOARD OF AGRICULTURE, 
An act to establish an agricultural experiment station, St. 1882, c. 212. 



xxiv Public Statutes. 

TITLE VII. 

OF TOWNS AND CITIES. 

Act authorizing towns and cities to lay out public parks. St. 1882, c. 
154. 

An act authorizing towns and cities to provide for tlie preservation and 
reproduction of forests. St. 1882, c. 255. 

CHAPTER 28. 

OF CITIES. 

An act to define the meaning of the words " mavor and aldermen." St. 
1882, c. 1G4. 

An act in relation to vacancies in the office of mayor. St. 1882, c. 182. 

Sect. 7. Amended by St. 1882, c. 180. 

CHAPTER 29. 

OF MUNICIPAL INDEBTEDNESS. 

Sect. 9. Annual proportionate pavments instead of sinking fund. St. 
1882, c. 133, § 1. 

CHAPTER 40. 

OF LIBRARY ASSOCIATIONS. 

Law Libraries. 

Sect. 6. "Two thousand" substituted for "fifteen hundred." St. 
1882, c. 246. 

CHAPTER 45. 

OF SCHOOL DISTRICTS. 

An act to abolish the school district system. St. 1882, c. 219. 

CHAPTER 48. 

OF THE EMPLOYMENT OF CHILD ItKN, AND REGULATIONS RESPECTING 

THEM. 

An act relating to indigent and neglected children. St. 1882, c. 181. 
An act for the better protection of children. St. 1882, c. 270. 

CHAPTER 49. 

OF THE LAYINO OUT AND DISCONTINUANCE OF WAYS. AND OF DAM- 
AGES OCCASIONED BY THE TAKING OF LAND FOR PUBLIC USES. 

Act authorizing towns and cities to lav out public parks. St. 1882, c. 
154. 

An act to provide for determining the location of common binding places. 
St. 1882, c. 109. 

Sect. 47. Atfected by St. 1882, c. 9G. 



Table of Changes. xxxv 

CHAPTER 52. 
OF THE REPAIRS OF WAYS AND BRIDGES. 
Sect. 19. Amended by St. 1882, c. 36. 

CHAPTER 53. 

OF REGULATIONS AND BY-LAWS RESPECTING WAYS AND BRIDGES. 

An act to authorize count}' commissioners to control travel over bridges 
constructed or maintained in wliole or in part by a county. St. 1882, c. 
108. 

CHAPTER 59. 
OF THE INSPECTION AND SALE OF CERTAIN OILS. 
Sect. 7. Amended by St. 1882, c. 250. 

CHAPTER 65. 

OF WEIGHTS AND MEASURES. 

Sect. 8. " Maj'or and aldermen " substituted for "city council." St. 
1882, c. 42. 

CHAPTER 69. 
OF SHIPPING AND SEAMEN, HARBORS AND HARBOR MASTERS. 
Harbors and Harbor Master's. 
An act in relation to assistant harbor masters. St. 1882, c. 216. 

CHAPTER 70. 

OF PILOTS AND PILOTAGE. 

An act authorizing the appointment of additional pilots for ports other 
than the port of Boston. St. 1882, c. 174. 

CHAPTER 74. 
OF THE EMPLOYMENT OF LABOR. 
Employers to provide seats for female employees. St. 1882, c. 150. 

CHAPTER 77. 

OF MONEY, BONDS, BILLS OF EXCHANGE, PROMISSORY NOTES, AND 

CHECKS. 

Sects. 1, 2. Act fixing value of pound sterling. St. 1882, c. 110. 
Sect. 8. Amended by St. 1882, c. 49. 



xxxvi Public Statutes. 

CHAPTER 80. 
OF THE PRESERVATION OF THE PUBLIC HEALTH, 

Protection of Infants. 

Sect. GO. See St. 1882, c. 270, § 3. 

CHAPTER 84. 

OF THE SUPPORT OF PAUPERS BY CITIES AND TOWNS. 

Act giving towns a remedy against pauper for bis support. St. 1882, c. 
113. 

CHAPTER 86. 

OF ALIEN PASSENGERS AND STATE PAUPERS. 

Children. 

State board of health, hinac}', and eharit}' to provide for indigent and 
neglected children not having settlement. St. 1882, c. 181, §§ 2-4. 

Sect. 4G. " Three " substituted for " two " in sixth line. St. 1882, c. 
181, § 1. 

CHAPTER 89. 

OF THE STATE PRIMARY AND REFORM SCHOOLS, AND THE VISITATION 
AND Rb:FORMATION OF JUVENILE OFFENDERS. 

State board of health, lunacy, and charity to provide for indigent and 
neglected children not having settlement. St. 1882, c. 181. 

Sect. 18. Summons to be issued to children under twelve. St. 1882, c. 
127, § 3. 

Sects. 21, 2G-29. Children under twelve not to be committed to jail 
for punishment or in default of bail. St. 1882, c. 127. 

CHAPTER 91. 

OF INLAND FISHERIES AND KELP. 

An act relative to fishing in the Merrimack River. St. 1882, c. 1G6. 
An act for the protection of traps, trawls, and seines. St. 1882, c. 53. 
Acts concerning lisheries in Edgartown. St. 1882, c. Go ; St. 1882, c. 
102. 

Sects. 81, 82. Amended by St. 1882, c. 98. 

CHAPTER 92. 

OF THE PRESERVATION OF CERTAIN BIRDS AND OTHER ANIMALS. 
Sects. 8, 10. Amended by St. 1882, c. 199. 

CHAPTER 94. 

OF TIMBER AFLOAT OR CAST ON SHORE. 

Sect. 5. Affected by St. 1882, c. 274. 



Table of Changes. xxxvii 

CHAPTER 100. 

OF INTOXICATING LIQUORS. 

An act to prohibit the granting of licenses lui the sale of intoxicating 
liquors within a certain distance of public schools. St. 1882, c. 220. 

An act to fix the hours of closing premises occupied by common victual- 
lers. St. 1882, c. 242. 

An act to regulate the inspection and analysis of intoxicating liquors. 
St. 1882, c. 221. 

Sect. 6. Amended by St. 1882, c. 222. 
Sects. 12, 13. Amended by St. 1882, c. 259. 

CHAPTER 102. 

OF LICENSES AND MUNICIPAL REGULATIONS OF POLICE. 

Rockets, Gunpowder, Explosive Compounds, etc. 

An act concerning the sale or use of toy pistols and other dangerous 
articles. St. 1882, c. 272. 

An act to provide for notice of the place of storage of gunpowder and 
other explosive compounds. St. 1882, c. 269. 

General Provisions. 
Sect. 124. Amended by St. 1882, c. 258. 

CHAPTER 103. 
OF DISTRICT AND OTHER POLICE OFFICERS. 
Sect. 10. Amended by St. 1882, c. 266, § 6. 

CHAPTER 104. 

OF THE INSPECTION OF BUILDINGS. 

Sect. 14. Amended by St. 1882, c. 208. 

Sects. 15, 20, 22-24. Amended by St. 1882, c. 266. 

CHAPTER 112. 

OF RAILROAD CORPORATIONS AND RAILROADS. 

Organization under the General Law. 

An act relative to the establishment of railroad corporations. St. 1882, 
c. 265. 

Embankments, Fences, etc. 
Sect. 115. Amended by St. 1882, c. 162. 



xxxviii Public Statutes. 

Crossings. 

Sects. 129, 138. Appeal from county commissioners to railroad com- 
missioners. St. 1882, c. 135. 

Equipment of Engines, Cars, Trains, etc. 

Act requiring cars to be furnished with tools and safeguards against 
fire. St. 1882, c. 54. 

An act to provide for the testing of locomotive boilers. St. 1882, c. 73. 

Sect. 171. Amended by St. 1882, c. 54, § 1. 

Transportation of Merchandise. 

Act to prevent discrimination in freight rates. St. 1882, c. 94, amended 
by St. 1882, c. 225. 

Offences and Penalties. 
Sect. 205. Amended by St. 1882, c. 54, § 2. 



CHAPTER 115. 

OF ASSOCIATIONS FOR CHARITABLE. EDUCATIONAL, AND OTHER PUR- 
POSES. 

An act to authorize the formation of relief societies b}- the employes of 
railroad and steamboat corporations. St. 1882, c. 244. 
Act relating to beneficiary associations. St. 1882, c. 195. 

Sect. 8. Amended by St. 1882, c. 195, § 2. 
Sect. 11. Amended by St. 1882, c. 195, § 3. 



CHAPTER 116. 
OF SAVINGS BANKS AND INSTITUTIONS FOR SAVINGS. 

An act to provide for the custod}' of books and papers of insolvent 

banks. St. 1882, c. 77. 

Commissioners of Savings Banks. 
Sect. 2. Salaries of clerks increased. St. 1882, c. 148. 

Deposits, Loans, and Investments. 

Sect. ?0. Additional investments authorized. St. 1882, c. 231. 
Sect. 20, cl. 4. Affected by St. 1882, c. 224. 
Sect. 20, cl. 8. Allectod by St. 1882, c. 200. 

Sects. 21-23. Names of members of board of investment to be pub- 
lished. St. 1SH2, c. 50. 



Table of Changes. xxxix 

CHAPTER 117. 

OF CO-OPERATIVE SAVING FUND AND LOAN ASSOCIATIONS. 

Sects. 8, 9. Amended by St. 1882, c. 251, § 1. 
Sect. 10. Aftected by St. 1882, c. 251, § 2. 
Sect. 16. Amended by St. 1882, c. 251, § 1. 

CHAPTER 125. 
OF THE DESCENT OF REAL ESTATE. 
Sect. 4. Amended by St. 1882, c. 132. 

CHAPTER 135. 

OF ALLOWANCES TO WIDOWS AND CHILDREN, AND OF THE DISTRI- 
BUTION OF THE ESTATES OF INTESTATES. 

Sect. 3. Distribution of personal estate of married women. St. 1882, 
c. 141. 

CHAPTER 146. 

OF DIVORCE. 
An act concerning statistics of divorce. St. 1882, c. 194. 
Sect. 19. Amended by St. 1882, c. 223. 

CHAPTER 152. 
OF THE SUPERIOR COURT. 
Sect. 28. Repeal and substitute. St. 1882, c. 205. 

CHAPTER 153. 

OF MATTERS COMMON TO THE SUPREME JUDICIAL COURT AND SUPE- 

- RIOR COURT. 

Sect. 13. Affected by St. 1882, c. 239. 

CHAPTER 154. 
OF POLICE, DISTRICT, AND MUNICIPAL COURTS. 

An act to establish the third and fourth district courts of Eastern Mid- 
dlesex, and the police courts of Marlborough and Brookline. St. 1882, c. 
233. 

An act to establish the district court of Hampshire. St. 1882, c. 227. 

An act providing for a clerk of the police court of Chelsea. St. 1882, 
c. 176. 

Sect. 2. Hopkinton taken from district of first district court of South- 
ern Middlesex. St. 1882, c. 169. 



xl Public Statutes. 

Appeals. 

Sect. 39. Bond substituted for recognizance in appeals. St. 1882, 
c. 95. 

Municipal Courts. 

Sect. 42. Amendment allowing interchange of duties. St. 1882, c. 43. 
Winthrop included in district of East Boston municipal court. St. 1882, 
c. 146. 

The Municipal Court of the City of Boston. 

Sect. 55. Number of associate justices increased to three. St. 1882, 
0. 41, § 1. 

Salaries. 

Central Berkshire. St. 1882, c. 245, § 1. 

Boston. St. 1882, c. 41, § 2 ; St. 1882, c. 245, § 1. 

Brookline. St. 1882, c. 233, § 6. 

Chelsea. St. 1882, c. 176, § 3. 

East Boston. St. 1882, c. 245, § 1. 

First Essex. St. 1882, c. 245, § 1. 

Fitchburg. St. 1882, c. 245, § 1. 

Hampshire. St. 1882, c. 227, § 2. 

Haverhill. St. 1882, c. 245, § 1. 

Lowell. St. 1882, c. 63. 

Marlborough. St. 1882, c. 233, § 6. 

First of Eastern Middlesex. St. 1882, c. 87 ; St. 1882, c. 245, § 1. 

Third and fourth of Eastern Middlesex. St. 1882, c. 233, § 6. 

Newbur^port, Roxburj', Somerville, South Boston, Central of Worcester, 
Second of Eastern Worcester, Third of Southern Worcester. St. 1882, c. 
245, § 1. 

CHAPTER 155. 
OF JUSTICES OF THE PEACE AND TRIAL JUSTICES. 

Sect. 49. Children under twelve not to be sent to jail, etc. St. 1882, 
c. 127, § 1. 

CHAPTER 158. 

OF JUDGES AND REGISTERS OF PROBATE AND INSOLVENCY. 

Salaries and Fees. 

Middlesex, judge. St. 1882, c. 129. 
Suffolk, assistant register. St. 1882, c. 144. 

CHAPTER 159. 
OF CLERKS, ATTORNEYS, AND OTHER OFFICERS OF JUDICIAL COURTS. 

Attorneys-((t-Latu. 
Women allowed to practise law. St. 1882, c. 139. 



Table of Changes. xli 

Deputy Sheriff's and other Officers in Attendance upon Courts. 

Sect. 68. Affected by St. 1882, c. 232. 
Sect. 69. Affected by St. 1882, c. 245, § 3. 

CHAPTER 160. 

SPECIAL PROVISIONS RESPECTING COURTS AND THE ADMINISTRATION 

OF JUSTICE. 

Sect. 4. Affected by St. 1882, c. 49. 

CHAPTER 167. 

OF PLEADINGS AND PRACTICE. 

Hearing, Trial, Evidence. 

One of several shire towns may be designated for trial of case. St. 1882, 
c. 264, § 2. 

CHAPTER 169. 

OF WITNESSES AND EVIDENCE. 

Sects. 7, 8. Amended by St. 1882, c. 267. 
Sect. 54. Amended by St. 1882, c. 140. 

CHAPTER 176. 

OF PETITIONS FOR THE SETTLEMENT OF TITLE. 

Act providing for settlement of title when undischarged mortgage ap 
pears of record. St. 1882, c. 237. 

CHAPTER 178. 

OF THE PARTITION OF LANDS. 

Sect. 51. Amended by inserting " newspaper or." St. 1882, c. 55 
Sect. 63. Amended by St. 1882, c. 6, § 2. 

CHAPTER 181. 
OF THE FORECLOSURE AND REDEMPTION OF MORTGAGES. 
Foreclosure by Sale. 
Sect. 17. Amended by St. 1882, c. 75. 

CHAPTER 185. 
OF HABEAS CORPUS AND PERSONAL REPLEVIN. 
Habeas Corpus. 
Sect. 18. Amended by St. 1882, c. 6, § 3. 



xlii Public Statutes. 

CHAPTER 187. 
OF WRITS OF ERROR, AND WRITS OF AND PETITIONS FOR REVIEW. 

Writs of and Petitions for Review. 
Sect. 39. Amended by St. 1882, c. 249. 

CHAPTER 198. 
OF COSTS IN CIVIL ACTIONS. 
Sect. 25. Superseded by St. 1882, c. 235. 
Sect. 28. Changed as to term fees by St. 1882, c. 264. 

CHAPTER 199. 

OF THE FEES OF CERTAIN OFFICERS. 

Sect. 6. An act fixing fees of oflScers for summoning witnesses in 
criminal cases. St. 1882, c. 215. 

CHAPTER 203. 
OF OFFENCES AGAINST PROPERTY. 

An act relating to the illegal taking and using of horses and carriages, 
St. 1882, c. 236. 

An act for the protection of forests against fires. St. 1882, c. 163. 

CHAPTER 208. 
OF OFFENCES AGAINST THE PUBLIC HEALTH. 
An act relating to the adulteration of food and drugs. St. 1882, c. 263. 

CHAPTER 212. 

OF SEARCH WARRANTS, REWARDS, ARREST. EXAMINATION, COMMIT- 
MENT, BAIL, AND PROBATION, 

Arrest^ Examination, Commitment, and Bail. 

Special provisions for arrest and bail of children under twelve. St. 1882, 
c, 127, 

Sect, 68, Repeal and substitute, St, 1882, c. 134, 

Probation Officers. 

Sect, 78, Amended by St, 1882, c, 125. 

CHAPTER 215. 
OF JUDGMENT AND EXECUTION. 

Convicts may be sent to jail instead of house of correction, etc. St. 
1882, c. 241, § 1. 

Sect, 18, Rii>,ht to imprison eliildren under twelve restricted. St. 1882, 
c. 127, § 1. ^ 



Table of Changes. xliii 

CHAPTER 218. 
OP FUGITIVES FROM JUSTICE, AND PARDONS. 
Pardons. 
Sect. 14. Amended by St. 1882, c. 197. 

CHAPTER 219. 

OF THE COMMISSIONERS OF PRISONS. 

An act to provide for the surgical treatment of certain prisoners. St. 
1882, c. 207. 

Sect. 4. Transfer of prisoners from jail to house of correction. St. 
1882, c. 241, § 2. 

Reports and Returns. 

An act in relation to blanks for certain court returns, and to reports of 
arrests. St. 1882, c. 226. 

Sect. 36. Repealed. St. 1882, c. 226, § 3. 

CHAPTER 220. 
OF JAILS 'AND HOUSES OF CORRECTION. 

Sect. 2. Transfer of prisoners from jail to house of correction. St. 
1882, c. 241, § 2. 

Sect. 49. Amended by St. 1882, c. 6, § 4. 

Sect. 50. An act to punish prisoners escaping from custody when em- 
ployed outside of their places of confinement. St. 1882, c. 198. 

CHAPTER 221. 
OF THE STATE PRISON AND THE REFORMATORY PRISON FOR WOMEN. 

Officers and Salaries. 

Sect. 6. Repeal and substitute. St. 1882, c. 203, § 1. 

Sect. 8. Amended by St. 1882, c. 203, § 2. 

Sect. 11. Repeal and substitute. St, 1882, c. 203, §§ 3, 4. 

CHAPTER 222. 

SPECIAL PROVISIONS CONCERNING PENAL AND OTHER PUBLIC INSTI- 
TUTIONS. 

Sect. 17. Amended by St. 1882, c. 201. 



A TABLE SHOWING THE SUBJECTS OF LEGISLATION IN 1882 WITH 
EEFERENCES TO THE PUBLIC STATUTES. 



ADULTERATION. 

of food and drujjs, general provis- 
ions concerning, relating to P. S. 

c. 208 St. 1882, c. 2(>3 

AGRICULTURE. 

an agricultural experiment station 
established, relating to 1'. S. c. 

20 St. 1882, c. 212 

ARREST. 

returns of, to be made to prison com- 
missioners, relating to P. S. c. 
219, §§ 3I-;{9 . . . . St. 1882, c. 226 
special provisions concerning chil- 
dren, affecting P. S. c. 212, §§ 

14-28 St. 1882,0.127 

ASSAYER. 

of liquors, duties, affecting P. S. c. 

100, § 29 St. 1882, c. 221 

ATTORNEY-AT-LAW. 

a woman may be, affecting P. S. c. 

159, § 34 St. 1882, c. 139 

AUDITOR. 

value of pound sterling fixed in ac- 
counts of, relating to P. S. c. 1(>, 

St. 1882, c. 110 
BAIL. 

defendant in criminal case may de- 
l)osit money, etc., repealing P. S. 

c. 212, § 68 St. i882, c. 134 

BALLOTS. 

detached " stickers " not to be count- 
ed, relating to P. S. c. 7 . . . . 

St. 1882, c. 2G0 
BASTARD. 

descent of lands of, amending P S. 

c. 125, M St. 1882, c. 132 

BENEFICIARY ASSOCIATIONS, 
general provisions, aincaiding P. S. 

c. im, §§ 8, U . . . St. 18S2, c. 195 
may be formed by railroad and 
steamboat employe's, relating to 
P. S. c. 115 .... St. 1882, c. 244 
BRIDGES. 

provision against fast driving over, 
when supported in part by coun- 
ty, affecting P. S. c. 53. § IS . . 

St. 1882, c. 108 
BUILDINGS. 

insi)('ction of elevators and hatch- 
ways, amending P. S. c. 104, 

§ 14 St. 1882. c. 208 

inspection of, amending P. S. c. 103, 
§ 10; c. 104, §§ 15, 20, 22-24 . . . 

St. 1882, c. 206 
BUREAU OF STATISTICS. 

title amended by adding words " of 
labor " in P. S. c. 4, § 7 . . . . 

iSt. 1882, c. (!, 1 



CARRIAGES. 

person liiring, how punished for re- 
fusing to pay fare, etc., relating 
to P. S. c. 20.:i ... St. 1882, c. 236 

CHARITABLE ASSOCIATIONS. 

lists and returns of property exempt 
from taxation, affecting P. S. c. 
11, ^§ 5, 38, 90; c. 13, § 6 . . . . 

St. 1882, c. 217 
CHECK LIST. 

certain omissions may be corrected 
after close of registraticm, relat- 
ing to P. S. c. 6 . . . St. 1882. c. 2(» 
how long to be kept after election, 
amending P. S. c. 7, § 29 . . . 

St. 1882, c. 74 
CHILDREN. 

under twelve not to be imprisoTied, 
etc., affecting P. S. c. 2K"), § 18; c. 
212, §§ 14-28; c. 89 . . St. 1882, c 127 
pauj)erand neglected, how jiroviiled 
for, araendin<: P. S. c. 86, ^ACr. and 
affecting P. S. c. 89; c. 48, 5^ IS- 

21 St. 1882, c. 181 

under two years, abandonment of, 
how iiunished, relating to P. S. 

c. 48 St 1882, c. 270. §§1,2 

under one year, person receiving, 
f