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

A C T S 



RESOLVES 



PASSED BY THE 



General (^amt af Ulassadtusdts, 



IN TIIK YEAR 



18 8 3, 



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 OF THE COMMONWEALTH. 




BOSTON : 

WRIGHT & POTTER PRINTING CO., STATE PRINTERS, 
No. 18 Post Office Square. 
1883. 



A CONSTITUTION 

OB 

FORM OF GOVERNMENT 

FOB THB 

Commottljjealtij of iHassadjusett^^ 



PREAMBLE. 

The end of the institution, maintenance, and administra- objects of 
tion of government, is to secure the existence of the body K°^ernment. 
politic, to protect it, and to furnish the individuals who 
compose it with the power of enjoying in safety and tran- 
quillity their natural rights, and the blessings of life : and 
whenever these great objects are not obtained, 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 politic 
of individuals: it is a social compact, by which the whole its'^ature!^ 
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 affording 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 witli 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. 



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



Amendment, 
Art. XI. Bubstl- 
tuted for this. 



Legislature em- 
powexed 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 
wliich 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 but 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 time, authorize and require, the several toAvns, 
parishes, precincts, and other bodies politic, or religious 
societies, to maicc suitable provision, at their 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 suj)port 
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 ab«urd and unnatural. 

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



and to enjoin 
attendance 
thereon. 



Exclusive right 
of electing icli- 
gious teachers 
secured. 



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



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

Right of self- 
government 
secured. 



Accountability 
of all oflicers, 
etc. 



Services ren- 
dered to the 
public being Iho 
only title to 
peculiar pri%i- 
leges, licredi- 
tary offices are 
absurd and 
uuuatural. 



Objects of gov 
ernment; right 
of people to 



CONSTITUTION OF THE 



institute and 
change it. 



Right of people 
to secure rota- 
tion in oiUce. 



All, having the 
qualilicatiuna 
prescribed, 
equally eligible 
to office. 
For the defini- 
tion of "inhabit- 
ant," see Ch. 1, 
Sect. 2, Art. II. 
Right of protec- 
tion and duty of 
contribution 
correlative. 
Taxation found- 
ed on consent. 
16 Mass. 326. 
1 Pick. 418. 
7 Pick. 344. 
12 Pick. 184, 467. 
16 Pick. 87. 
23 Pick. 360. 
7 Met. 388. 
4 Gray, 474. 
7 Gray, 363. 
14 Gray, 154. 
1 Allen, 150. 
4 Allen, 474. 
Private prop- 
erty not to be 
taken for public 
uses without, 

6 C'ush. 327. 



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



Prosecutions 
regulated. 
8 Hck. 211. 
10 Pick. 9. 
18 Pick. 434. 



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, unalienable, 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 regular 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, 596. 

X. Each individual of the society has a right to be 
protected by it in the enjoyment of his life, liberty, and 
property, according to standing laws. He is obliged, con- 
sequently, to contribute his share to the expense of this 
protection ; to give his personal service, or an equivalent, 
when necessary : but no part of the property of any indi- 
vidual can, with justice, be taken from him, or applied to 
public uses, without his own consent, or that of the repre- 
sentative body of the people. In fine, the people of this 
commonwealth are not controllable by any other laws 
than those to which their constitutional representative 
body have given their consent. And whenever the 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, 155. 12 Allen, 223, 230. 108 Mass. 202, 213. 126 Mass. 428, 441. 

16 Gray, 417, 431. 100 M.ass. 544, 560. Ill Mass. 1.30. 127 Mass. 50, 52, 

1 Allen, 150. 103 Mass. 120, 124. 113 Mass. 45. 358, 303, 410, 413. 

11 Allen, 530. 106 Mass. 356, 362. 116 Mass. 463. 129 Mass. 559. 

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

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



COMMONWEALTH OF MASSACHUSETTS. 



or furnish evidence against himself. And every subject 
tihall have a right to produce all proofs that may be 
favorable to him ; to meet the witnesses against him face 
to face, and to be fully heard in his defence by himself, 
or his counsel, at his election. And no subject shall be 
arrested, imprisoned, despoiled, or deprived of his prop- 
erty, immunities, or privileges, put out of the protection 
of the law, exiled, or deprived of his life, liberty, or estate, 
but by the judgment of his peers, or the law of the land. 



100 Mass. 287, 295. 
103 Mass. 418. 
107 Mass. 172, 180. 



108 Mass. 5, 6. 
118 Mass. 443, 451. 
120 Mass. 118, 120. 



122 Mass. 332. 
124 Mass. 464. 



127 Mass. 550, 554. 
129 Mass. 559. 



And the legislature shall not make any law that shall 
subject any person to a capital or infamous punishment, 
excepting for the government of the army and navy, with- 
out trial by jury. 

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

XIV. Every subject has a right to be secure from all 
unreasonable searches, and seizures, of his person, his 
houses, his papers, and all his possessions. All warrants, 
therefore, are contrary to tliis right, if the cause or founda- 
tion of them be not previously supported by oath or affir- 
mation, and if the order in the warrant to a civil officer, to 
make search in suspected places, or to arrest one or more 
suspected persons, or to seize their property, be not accom- 
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 
all suits between two or more persons, except in cases in 
which it has heretofore been otherways used and practised, 
the parties have a light to a trial by juiy ; and this method 
of procedure shall be held sacred, unless, in causes arising 
on the high seas, and such as relate to mariners' wages, 
the legislature shall hereafter find it necessary to alter it. 



114 Mass. 388, 390. 
120 Mass. 320, 321. 



122 Mass. 505, 516. 

123 Mass. 590, 593. 



125 Mass. 182, 188. 
128 Mass. 600. 



XVI. The liberty of the press is essential to the secu- 
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 
arms for the common defence. And as, in time of peace, 
armies are dangerous to liberty, they ought not to be 
maintained without the consent of the legislature ; and 



121 Pick. 542. 
2 Met. 329. 
12 Cush. 248. 

1 Gray, 1. 

5 Gray, 160. 
8 Gray, 329. 

10 Gray, 11. 

11 Gray, 438. 

2 Allen, 361. 

11 Allen, 238- 
240, 264, 439, 
473. 

12 Allen, 170. 
97 Mass. 570, 
673. 



Right to trial by 
jury in criminal 
cases, except, 

8 Gray, 329, 373. 
103 Mass. 418. 

Crimes to be 
proved in the 
vicinity. 
2 Pick. 550. 
121 Mass. 61, 62. 
Riglit of search 
and seizure 
regulated. 
Const, of U. 8., 
Amend't IV. 
2 Met. 329. 
5 Cush. 369. 
1 Gray, 1. 
13 Gray, 454. 
10 Allen, 403. 
100 Mass. 136, 
139. 

126'Mas8. 269, 
273. 



Right to trial by 
jury sacred, ex- 
cept, etc. 
Const, of U. 8., 
Amend't. VU. 
2 Pick. 382. 

7 Pick. 366. 
5 Gr.ay, 144. 

8 Gray, 373. 
11 Allen, 574, 
577. 

102 Mass. 45, 47. 



Lil)orty of the 
press. 



Right to keep 
and bear arms. 
Standing armies 
dangerous. Mil- 
itary power sub- 
ordinate to civil. 
6 Gray, 121. 



CONSTITUTION OF THE 



Moral qualiflca- 
tious for oflice. 



Moral obli?a- 
lions of lawiriv- 
fis and magis- 
trates. 



Right of people 
to instruct rcp- 
rosenlaiives and 
petition legisla- 
ture. 



Power to euB- 
pend the laws or 
their execution. 



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



Frequent ses- 
Bions, and ob- 
jects thereof. 



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



Ex pout facto 
laws prohibited. 
12 Alien, 4-21, 
424, 428. 434. 



Le^'sl.iture not 
to convict of 
treason, ntc. 



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 tlie 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 governments 
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. 

XXVH. 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. 

XXVIII. No person can in any case be subject to law- 
martial, or to any penalties or pains, by virtue of that law, 
except those employed in the army or navy, and except 
the militia in actual service, but by authority of the 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 oiSces 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 poAvers, or either of them : the executive shall 
never exercise the legislative and judicial powers, or either 
of them : the judicial shall never exercise the legislative 
and executive powers, or either of them : to the end it 
may be a government of laws and not of men. 



Excessive bail or 
tines, and cruel 
punisluiicnts, 
proliibited. 
6 Gray, 482. 
No soldier to be 
quartered in any 
bouse, unless, 
etc. 



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



Judges of su- 
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, and legis- 
lative depart- 
ments. 
2Cusb. 577. 
2 Allen, 361. 
8 Allen, 247, 233. 
100 Mass. 282, 
2SG. 

114 Mass. 247, 
249. 

116 M.-188. 317. 
129 Mass. 559. 



PART THE SECOND. 



The Frame of Cfovernment. 

The people, inhabiting the territory formerly called the TitieofboJy 
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 POWEB. 

Section I. 



Legislative 
department. 



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



Governor's veto. 
99 Mass. 636. 



Bill may be 
passed by two- 
tliirds of each 
house, notwith- 
etauding. 



For exception 
ill case of ad- 
journment of 
the general 
court within 
the five days, 
see amend- 
ments. Art. I. 
3 Mat's. 567. 
General conr'. 
may constitute 
judicatories, 



The General Court. 

Aeticle I. The department of legislation 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 May, 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, wiiere it shall also be reconsid- 
ered, and if 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 
nays ; and the names of the persons voting for, or against, 
the said bill or resolve, shall be entered upon the public 
records of the commonwealth. 

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

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



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- I'oiay, i. 

mining of all manner of crimes, offences, pleas, processes, \l^'^^^' "^' 

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 pleas be real, personal, or mixed ; and 

for the awarding and making out of execution thereupon. 

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

granted full power and authority, from time to time, to ^tL!'^™""^''^' 

administer oaths or affirmations, for the better discovery 

of truth in any matter in controversy or depending before 

them. 

IV. And further, fall power and authority are hereby General court 
given and granted to the said general court, from time to ™c?'^"'"^ '^^'' 
time to make, ordain, and establish, all manner of whole- 4 AiTtm, 4^73. 
some and reasonable orders, laws, statutes, and ordinances, ^^ AUen, 223, 
directions and instructions, either with penalties or with- iooMass. 544, 
out ; so as the same be not repugnant or contrary to this iicMass. 467, 
constitution, as they shall judge to be for the good and ^^^- 
welfare of this commonwealth, and for the government lawsTefcl^not 
and ordering^ thereof, and of the subiects of the same, and i-f pu^nant to 

« , 1 ■=■ , T 1 p p , 1 'the constitution. 

tor the necessary support and deience ot the government CAUen, 353. 
thereof; and to name and settle annually, or provide by may provide 

oil i> xi • 1 j.i.T n • •! £ci for the flection 

nxed laws lor the naming and settlmg, ail civil officers or appointment 
within the said commonwealth, the election and consti- a5'Ma88!602. 
tution of whom are not hereafter in this form of govern- 
ment otherwise provided for ; and to set fortli 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, e Alien; sss! 
within the said commonwealth; and also to impose and lo'^AiTen^tk^^^' 
levy reasonable duties and excises upon any produce, 11 AUen! 268. 
goods, wares, merchandise, and ct)mmodities, whatsoever, 23.5, 233, '24o',29'8| 
brought into, produced, manufactured, or being within 300,312,313,500, 
the same ; to be issued and disposed of by warrant, under ioo^Jiass''285 
the hand of the governor of this commonwealth for the 101 Mass. 575) 
time being, with the advice and consent of the council, losMass. 267. 
for the public service, in the necessary defence and sup- ^j.'^'*^®" ^^^' 



12 



CONSTITUTION OF THE 



116 Mass. 461. 

118 Maes. 386, 

389. 

123 Mass. 493, 

49.). 

127 Mass. 413. 

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



Senate, number 
of, and by whom 
elected. 
Superseded by 
amendments, 
Art. XIIL, 
which was also 
superseded by 
amendments. 
Art. XXU. 



For provision as 
to councillors, 
see amend- 
ments, Art. 
XVl. 



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 tliis 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 wliich the commonwealth may, from time to time, be 
divided by the general court for that 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 pur- 
pose) and shall elect the following number for councillors 
and senators, viz.: — Suffolk, six; Essex, six; Middlesex, 
five ; Hampshire, 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 wliich 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 Maj^] 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 JMay.] 

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 
senators and 
councillors. 
Time of election 
elianged by 
amendments, 
Art. X., and 
changed again 
by amendments, 
Art. XV. 
As to cities, see 
amendments. 
Art. II. 
These pro- 
visions as to tho 
qualifications of 
voters, super- 
seded by amend- 
ments. Arts. 
III., XX. and 

xxvm. 

Word "inhabit- 
ant" defined. 
See also amend- 
ments. Art. 
XXIII., which 
was annulled by 
Art. XXVI. 
12 Gray, 21. 
122 Mass. 695, 
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 state 
taxes, may vole. 



14 



CONSTITUTION OF THE 



Plantation 
mcetinors. 
Time of elec- 
tion chanijed 
by amend- 
ments, Art. XV. 
Assessors to 
notify, etc. 



Governor and 
council to ex- 
amine and count 
votes, and issue 
summonses. 
Time changed 
to tirst Wednes- 
day in January 
by amendments, 
Art. X. 
Majority 
clianged to 
plurality by 
amendments, 
Alt. XIV. 



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

Time changed 
to first Wednes- 
day of January 
by amendments, 
Art. X. 
Majority 
changed to 
plurality by 
amendments. 
Art. XIV. 



Vacancies, how 

fill.'il. 

Changed to 
election by 



in the plantations where they reside, as town inhabitants 
have in their respective towns; and the plantation meet- 
ings for that purpose shall be held annually [on the same 
first Monday in April], at such place in the plantations, 
respectively, as the assessors thereof shall direct ; which 
assessors shall have like 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 tliey 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 May] 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] 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 May] annually, determine and declare 
who are elected by each district to be senators [by a 
majority of votes ; and in case there shall not appear to 
be the full number of senators returned elected by a 
majority of votes for any district, the deficiency shall be 
supplied in the following manner, viz. : The members of 
the house of representatives, and such senators as shall 
be declared elected, shall take the names of such persons 
as shall be found to have the 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 sufficient to fill up the vacancies in such district ; 
and in this manner all such vacancies shall be filled up in 



COMMONWEALTH OF MASSACHUSETTS. 



15 



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

V. Provided, nevertheless, that no person shall be 
capable of being elected as a senator, [who is not seised 
in his own right of a freehold, 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 his 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. 

VII. 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 aniend- 
monta, Art. 
XXIV. 



Qualifications of 
a senator. 
Pi'opcrty quali- 
fication abol- 
ished. 
See amend- 
ments, Art. 

xrii. 

For farther pro- 
vision as to 
residence, see 
also amend- 
ments, Art. 
XXII. 



Senate not to 
adjourn more 
than two days 



shall choose 
its ofiioers and 
establish its 
rules. 

shall try all 
impeachments. 



Oath. 

Limitation of 
seuteuce. 



Quorum. 
For further pro- 
visions, see 
amendments, 
Art.XXU. 



CHAPTER I. 
Section III. 



House of Representatives. 

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

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



•iQ 



CONSTITUTION OF THE 



Representa- 
tives, by whom 
chosen. 

Superseded by 
amendments, 
i\n.-i. XII. and 
Xill., which 
•were also 
superseded by 
amendments, 
Art. XXI. 
7 Mass. 623. 



Proviso as to 
towns liuving 
less than loU 
ratable polls. 



Towns liable to 
fine in case, etc. 



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



Qualifications of 
a representa- 
tive. 

New provision 
as to residence. 
See ;imeud- 
ments. Art. 
XXI. 

Property quali- 
fications abol- 
ished by amend- 
ments, Art. 
XIU. 



Qualifications of 
a voter. 
These pro- 
visions super- 
eedod by 
amendments, 
Arts. HI., XX. 
and XKVni. 
See also amend- 
ments, Art. 
XXIII., which 
was annulled by 
Alt. XXVI. 
Ilepresenta. 
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 witliin 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 who 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 himdred 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 
before the last Wednesday of that month.] 

Time of election changed by amendments. Art. X., and changed again by amendments, 

Art. XV. 



COMMONWEALTH OF MASSACHUSETTS. 



17 



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

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

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

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

X. The house of representatives shall be the judge of 
the returns, elections, and qualifications of its own mem- 
bers, as pointed out in the constitution ; shall choose their 
own speaker; appoint their own officers, and settle the 
rules and orders of proceeding in their own house. They 
shall have authority to punish by imprisonment ever}" 
person, not a member, who shall be guilty of disrespect 
to the house, by any disorderly or contemptuous behavior 
in its presence ; or who, in the town where the general 
court is sitting, and during the time of its sitting, shall 
threaten harm to the body or estate of any of its members, 
for 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 tlie 
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 
arrested, or held to bail on mean process, during his going 
unto, returning from, or his attending the general assem- 
bly. 

XL The senate shall have the same powers in the like 
eases ; and the governor and council shall have the same 
authority to punish in like cases : provided, that no impris- 
onment on the warrant or order of the governor, council, 
senate, or house of representatives, for either of the above 
described offences, be for a term exceeding thirty days. 

And the senate and house of representatives may try 
and determine all cases where their rights and privileges 
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. 



nou8e alone 
can impeach. 



House to origi- 
nate all money 
bills. 



not to adjourn 
more than two 
days. 



quorum. 
Suporseded by 
amcudraunts, 
Art. XXI. 

to judge of 
returns, etc., of 
its own mem- 
bers ; to choose 
its officers and 
establish its 
rules, etc. 

may punish 
for certain 
ofi'ences. 
14 Gray, 226. 



Privileges of 
members. 



Senate. 
Governor and 
council may 
punish. 

General limita- 
tion. 
14 Gray, 226. 



Trial may be by 
committee, or 
otherwise. 



18 



CONSTITUTION OF THE 



Governor. 



His title. 

To be chosen 

annually. 

Qualifications. 



Requirement of 
religious decla- 
ration abolished 
by araend- 
menta, Art. 
VU. 

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

Time of elec- 
tion changed by 
amendments, 
Art. X., and 
changed again 
by amendments, 
Art. XV. 



As to cities, see 
amendments, 
Art. U. 



Time changed 
♦o first Wednes- 
day of January 
by amendments. 
Art. X. 



Clianged to 
plurality by 
amendments, 
Art. XIV. 

rioxv chosen, 
when no person 
has a majority. 



CHAPTER II. 
EXECUTIVE POWEB, 

Section I. 
Grovernor. 

Article I. There shall be a supreme executive magis- 
trate, who shall be styled — The Goveenor of the 
CoMi\roN wealth of Massachusetts; and whose title 
shall be — His Excellency. 

II. The governor shall be chosen annually ; and no 
person shall be eligible to this ofiSce, unless, at the time of 
liis election, he 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 May] ; 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 the 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 returned], the choice shall be by them declared 
and published ; [but if no person shall have a majority 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 of the two persons so elected ; on which the 
senate shall proceed, by ballot, to elect one, who shall be 
declared governor.] 

^ IV. The governor shall have authority, from time to 
time, at his discretion, to assemble and call together the 
councillors of tliis commonwealth for the time being ; and 
the governor with the said councillors, or five of them at 
least, shall, and may, from time to time, hold and keep a 
council, for the ordering and directing the affairs of the 
commonwealth, agreeably to the constitution and the laws 
01 the land, 

y. The governor, with advice of council, shall have 
lull power and authority, during the session of the gen- 
eral court, to adjourn or prorogue the same to any time 
the two houses shall desire ; [and to dissolve the same on 
the day next preceding the last Wednesday in May ; and, 
in the recess of the said court, to prorogue the same from 
time to time, not exceeding ninety days in any one recess ;1 
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 
mtectious distemper prevailing in the place where the said 
court is next at any time to convene, or any other cause 
happening, whereby danger may arise to the health or 
lives of the members from their attendance, he may direct 
the session to be held at some other, the most convenient 
place within the state. 

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

_ V I. In cases of disagreement between the two houses, 
with regard to the necessity, expediency, or time of ad- 
journment or prorogation, the governor, with advice of 
the council, shall have a right to adjourn or prorogue the 
general court, not exceeding ninety days, as he shaU 
determine the public good shall require. 

yil. The governor of this commonwealth, for the time 
being, shall be the commander-in-chief of the army and 
navy and of all the military forces of the state, by sea 
and land; and shall have full power, by himself, or by 
any commander, or other officer or officers, from time to 
time, to tram, instruct, exercise, and govern the militia 
and navy ; and, for the special defence and safety of the 



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



May adjourn or 
prorogue the 
general court 
upon request, 
and convene 
the same. 
As to dissolu- 
tion, see amend- 
ments, Art. X. 



As to dissolu- 
tion, see amend- 
ments. Art. X. 

Governor and 
council may 
adjourn the gen- 
eral court in 
cases, etc., but 
not exceeding 
ninety days. 



Governor to he 
commander-in- 
chief. 



20 



CONSTITUTION OF THE 



Limitation. 



Governor and 
council may 
pardon ofl'ences, 
except, etc. 



But not before 
conviction. 
109 Mass. 323. 



Judicial offi- 
cers, etc., how 
nominated and 
appointed. 
For provisions 



eommonwealtli, 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 invadmg, 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 tkne 
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 limits of the 
same, without their free and voluntary consent, or the con- 
sent of the general court ; except so far as may be neces- 
sary to march or transport them by land or water, for the 
defence of such part of the state to which they cannot 
otherwise conveniently have access. 

VIII. The power of pardoning offences, except such 
as persons may be convictod 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 
before conviction, shall avail the party pleading the same, 
notwithstanding any general or particular expressions con- 
tained therein, descriptive of the offence or offences 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- 



as to election 
of attorney- 
general, see 
amendments, 



COMMONWEALTH OF MASSACHUSETTS. 

ernor, by and with the advice and consent of the council • 

and everj such nomination shall be made by the governor' °^^»-ney. 

and made at least seven days prior to such Ippoiftment ' fnSe^n?, 

For provision as to election of sheriffs, registers of nrohntP ,>t. . ■^"- ■^"^^• 

XIX. For prov.s.on as to appointment of noi:Hlipl&fel':^;^,Z!^^^^^^^ ""''' 

1 ^: ,'^he captains and subalterns of the militia shall ho ir,v ^ 
elected by the xvritten votes of the train-band and alarm ?-""-" 
of .f . T '''P?^'^^'°"P'^"^^^' C°f twenty-one year a^^sSolt 
be efec ed l^r ''-l'^^" ""f^ ""f''^' ^^ regiLnts S ^:tuy. 
terni of 1 1^ ^'•*^''' "^^^'^ ^^ *^^ ^^P^^i^s and subal- 
terns of their respective regiments ; the brigadiers shall be 
e ected, m like manner, by the field officers of the r rrspec- 
tiye brigades; and such officers, so elected sholl iJ S 
nns^oned by the governor, who Lhallteteti t'L'? rZ' -~"- 

The legislature shall, by standing laws d\Joi 7hi f- 
and manner of conveniifg the eLt^rs ' atd ^ tl te --"" 
Sfctld."' '"^ '' ''''''''''^ '' *^^ ^«----' t^e officers 

hou?e'o?t;Se"il"^^^^ ^^*^.^ --^^ -^1 ^-«. 

«c ui lepiesentatives, each having a negative unon thp ^ow appointed 

other; and be commissioned by the |overnor. ^ ZlT'^''- 

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

And It the electors of brigadiers, field officers cantninc rr ■ 
or subalterns,^ shall neglect or refJse to mTe such^dec ^^^'^'^ 
tions, after bemg duly notified, according to the laws &; "' 

trff} ""'' !l *\' S°^<'™°'-' o-^ by f^i'- trial ia court 'S?-«l!. 
Sme being.]™' *° "■' '"™ °^ "'^ commonwealth for "hi S*:""' 

the^'XtoTtnf ."^''r' of regiments shall appoint a.,..™......, 

meir aajutants and quartermasters; the brio-adiers thpi,- ''»'"'pp»i'"«<i' 
brigade-majors; and the major-generals thrirS. f 
the governor shall appoint the\drutan"genera[ ""'"' '"'' 
offilersTtJire'ontll^fT'"' "^ """"""^h^ll appoint all a™,o„..„, 
ti^rof tL Un?t.d sfff ?™^' "'>;'"' "^y "« confedera- '- »PP<>'"««i 
w^Ih! fZn ■^''^'' '* '*' provided that this common- 

gaTrisons '''P'""'' '^ "'^° ^" »«"«■« »f fo^s and 
The divisions of the militia into brigades rec-impnt^ o„r) ^ , 

?orTsr^r^prr^^ ?^ the^in^rc^n 'w • --"""-' 

militi. nffl • '°^^^^^e^ed as the proper divisions of the 
militia of this commonwealth, until the same shall b« 
altered m pursuance of some future law 



22 



Money, how 
drawn from the 
treasury, ex- 
cept, etc. 
13 Allen, 593. 



CONSTITUTION OF THE 



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



Salary of 
governor. 



Salaries of Jub- 
tices of supreme 
judicial court. 



XT No moBers shall be issued out of the treasury of 
th,?com"ea?th, and disposed of (except s|;ch sums as 
*X be appropriated for^.e^.d^^^^^^^^^^^ 

?L~but\7 war^Lt^fdtr'^S baud of the governor 

with their accoutrements, and o' ? ' °"'^/. P!^^" i^in'r the 
whatever under then- care ^'^^^Pf '^'"^^^ '/^^^'^S^rpar°ticu- 
quantity, number quahty ad Lmd of .each.^^as^p^^ ^^^^ 

-^=s^;au*d&^^^^ 
^Lt\plan';TsS?o;trard7riauZand sea or ha. 

nndSStrrtand all V^^'^^'^^^JZ^ 

munieate to the governor, as soon ^^t'^y.^^^^^tjn^e? Ja 

the same all ^fX^^^lf^t.^t^otl?:"^^^^^^^ 
pubhc nature, wh>ch^^^^^^^^ 

XIU. A?^"^ P"" ^, I „„jiue influence of any of the 

^rbtr^f'r^ene^^^^^^^^^^ by ^'^t:^J^^ 

rLTet^rrth^^^^^^ 

f :e^r^nTc:star'^tha^he Xfd have an honorable 
^?^A 1 ?.v of a fixed and permanent value, amply suffi- 

:etlf:trmre"rnrortLt:nstitutiol to establish 



COMMONWEALTH OF MASSACHUSETTS. 



23 



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



CHAPTER n. 
Sectioi^ II. 
Lieutenant- Governor. 
Aeticle 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 repre- 
sentatives, in the same manner as the governor is to be 
elected, in case no one person shall have a majority of the 
votes of the people to be governor.] 

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

HI. Whenever the chair of the governor shall be 
vacant, by reason of his death, or absence from the 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; tiis 
title antl qiialifl. 
cations. Tlio 
requirement of 
a declaration of 
belief in tlie 
christian 
religion was 
abolished by 
amendments, 
Art. Vn. 



How chosen. 

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



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



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



CHAPTER II. 

Section III. 

Council, and the Manner of settling Elections ly tie Legis- 
lature. ^ 

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



24 



CONSTITUTION OF THE 



changed to 

eigbt. 
See amend- 
ments, Art. 
XVI. 



Number ; from 
■whom, and how 
chosen. 
Modilied by 
amendments, 
Arts. X. and 

xm. 

Superseded by 
amendments, 
Art. XVI. 



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

Hank of 
councillorB. 



Xo district to 
have more than 
two. 



Register of 
council. 



Council to exer- 
cise the power 
of governor iu 
case, etc. 



Elections may 
oe adjourned 
until, etc. 



Order thereof. 
Buperiicded 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 May annu- 
ally, by the two houses of the legislature, may not be 
completed on that day, the said elections may be adjourned 
from day to day until the same shall be completed. And 
the order of elections shall be as follows : the vacancies in 



COMMONWEALTH OF MASSACHUSETTS. 25 

the senate, if any, 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^ch^en"'^ 
naval ofiicers, 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 ceher-generai, 
time to time, that the moneys remaining in the public attorn"y-g°en^"'^ 
treasury, upon the settlement and liquidation of the pub- «-ai. see amend- 

1 • 1 11 1 T -1 1 ments, Art. 

lie accounts, are their property, no man shall be eligible xvn. 

as treasurer and receiver-general more than five years sue- Treasurer in- 

, o ■ ./ eligible for more 

CeSSlVely. than five sue 

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

II. The records of the commonwealth shall be kept in secretary to 
the office of the secretary, who may appoint his deputies, toauend°the' 
for whose conduct he shall be accountable ; and he shall councu" e^c.*^ 
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 oflScers Tenure of aii 
shall by law have in their offices, shall be expressed in off™™4*to°be*^ 
.their respective commissions. All judicial officers, duly judlcfarofficers 
appointed, commissioned, and sworn, shall hold their offices to H^'*^ "iiice 
during good behavior, excepting such concerning whom beimfor^ex- 
there is different provision made in this constitution: But'niaybe 
provided, nevertheless, the governor, with consent of the address^ ''" 
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- coumoVve' 
ions of the justices of the supreme judicial court, upon required.^ '^'^'' 
important questions of law, and upon solemn occasions. ]^ m"***' 55-' 

661. 



26 



CONSTITUTION OF THE 



Justices of the 
])''aco; tenure 
nf their office. 
3 Cubh. 584. 



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 discharging the important duties of his ofBce 
with ability or fidelity, all commissions of justices of the 
peace shall expire and become void, in the term of seven 
years from their respective dates ; and, upon the expira- 
tion of any commission, the same may, if necessary, be 
renewed, or another person appointed, as shall most con- 
duce to the well-being of the commonwealth. 

IV. The judges of probate of wills, and for granting 
letters of administration, shall hold their courts at such 
place or places, on fixed days, as the convenience of the 
people shall require ; and the legislature shall, from time 
to time, hereafter, appoint such times and places ; until 
which appointments, the said coarts 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 within the year, and others chosen and com- 
missioned, in the same manner, in their stead. 



Harvard 

College. 



CHAPTER V. 

THE UNIVERSITY AT CAMBRIDGE AND ENCOURAGEMENT 
OF LITERATURE, ETC. 

Section I. 

The University. 

Article I. Whereas our wise and pious ancestors, so 
^arly 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 
qualified 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 op 
Harvard College, in their corporate capacity, and 
their successors in that capacity, their officers and ser- 
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 
hereby 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 conveyances, hereto- 
fore made, either to Harvard College in Cambridge, in 
New England, or to the president and fellows of Harvard 
College, or to the said college by some other description, 
under several charters, successively ; it is declared, that 
all the said gifts, grants, devises, legacies, and convey- 
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. 

HI. And whereas, by an act of the general court of 
the colony of Massachusetts Bay, passed in the year one 
thousand six hundred and forty-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- 
ernor, deputy-governor, and magistrates; it is declared, 
that the governor, lieutenant-governor, council, and senate 
of this commonwealth, are, and shall be deemed, their 
successors, who, with the president of Harvard College, 
for the time being, together with the ministers of the con- 



Powers, prM 
leges, etc., of 
the president 
and fellows, 
confirmed. 



All gifts, grants, 
etc., confirmed. 



Who shall be 
overseers.' 

See Statutes, 

1851, 224. 

1852, 27. 
1859, 212. 
18G5, 173. 
1880, 65. 



28 



CONSTITUTION OF THE 



Power of altera- 
tion reserved to 
the legislature. 



Duty of legisla- 
tures and magis- 
trates iu all 
future periods. 
For further jsro- 
visions as to 
public schools, 
see amend- 
ments, Ai^t. 
XVIII. 
12 Allen, 500- 
503. 
103 Mass. 94, 97. 



gregational churches in the towns of Cambridge, Water- 
town, Chaiiestown, 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, diffused 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 people, it shall be the duty of 
legislatures and magistrates, in all future periods of this 
commonwealth, to cherish the interests of literature and 
the sciences, and all seminaries of them ; especially the 
university at Cambridge, public schools and grammar 
schools in the towns ; to encourage private societies and 
public institutions, rewards and immunities, for the pro- 
motion of agriculture, arts, sciences, commerce, trades, 
manufactures, and a natural history of the country; to 
countenance and inculcate the principles of humanity and 
general benevolence, public and private charity, industry 
and frugality, honesty and punctuality in their dealings ; 
sincerity, good humor, and all social affections, and gen- 
erous sentiments, among the people. 



Oaths, eto. 



CHAPTER VI. 

OATHS AND SUBSCRIPTIONS ; INCOMPATIBILITY OP AND 
EXCLUSION FROM OFFICES; PECUNIARY QUALIFICA- 
TIONS ; COMMISSIONS ; WRITS ; CONFIRMATION OF LAWS ; 
HABEAS CORPUS; THE ENACTING STYLE; CONTINU- 
ANCE OF OFFICERS ; PROVISION FOR 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 

ing tlie trust, shall, before lie proceed to execute the duties 
of Ms place or ofi&ce, make and subscribe the following 
declaration, viz. : 

"I, A. B., do declare, that I believe the Christian reli- Abolished. Bee 
gion, and have a firm persuasion of its truth ; and that I iSu"vu!° *' 
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 Declaration and 
offices aforesaid, as also any person appointed or commis- officers. ^ 
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 ofiice, 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- eee'^am^Jnd^^* 
setts is, and of right ought to be, a free, sovereign, and ^^^^^> ^^^- vl 
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 



Oath of office. 



Proviso. 
See amend- 
ments, Art. VI. 



Oaths and 
affirmations, 
how adminis- 
tered. 



Plurality of 
offlces prohibit- 
ed to governor, 
etc., except, etc. 
See amend- 
ments, Art. 

vin. 



Same subject. 
1 AUen, 653. 



Incompatible 

offices. 

For further pro- 



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

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

Provided, always, that when any person chosen or 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 affirmation in the foregoing 
form, and subscribe the same, omitting the words, ["/cZo 
swear," '"'•and abjure,^^ '■'•oath or^'' '•'' ayid abjuration^'''' 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, " This I do under the 
pains and penalties of perjury y 

And the said oaths or affirmations shall be taken and 
subscribed by the governor, lieutenant-governor, and coun- 
cillors, before the president of the senate, in the presence 
of the two houses of assembly ; and by the senators and 
representatives first elected under this constitution, before 
the president and five of the council of the former 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 authority of this commonwealth, except such as 
by this constitution they are admitted to hold, saving that 
the judges of the said court may hold the offices of justices 
of the peace through the state ; nor shall they hold any 
other place or office, or receive any pension or salary from 
any other state or government or power whatever. 

No person shall be capable of holding or exercising at 
the same time, within this state, more than one of the 
following offices, viz. : judge of probate — sheriff — regis- 
ter of probate — or register of deeds; and never more 
than any two offices, which are to be held by appointment 
of the governor, or the governor and council, or the senate, 
or the house of representatives, or by the election of the 
people of the state at harge, or of the people of an}'- county, 
military offices, and the offices of justices of the peace ex- 
cepted, shall be held by one person. 

No person holding the office of judge of the supreme 
judicial court — secretary — attorney-general — solicitor- 



COMMONWEALTH OF MASSACHUSETTS. 31 

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

— commissary-general — [president, professor, or instruct- oiuct^rsce^'^ 
or of Harvard College] — sheriff — clerk of the house of Artviii?'^' 
representatives — register of probate — register of deeds ^^.^^^.yf Z^-'*'"- 

— clerk of the supreme judicial court — clerk of the infe- excepted by 
rior court of common pleas — or officer of the customs, a?u"xxvii.' 
including in this description naval officers — shall at the 

same time have a seat in the senate or house of represen- 
tatives ; but their being chosen or appointed to, and 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. 

in. In all cases where sums of money are mentioned Vaiue of money 
in this constitution, the value thereof shall be computed ''^°'^'''^'"®'^- 
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 beTncrcaTcd! 
time, to increase such qualifications, as to property, of the niTnt^rAn. 
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 commisBions. 
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- a^prck"^!"**' 
wealth of ]\Iassachusetts ; they shall be under the seal of l^Q^iy^i. 
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 ex™pt,t^^c.*' 
Massachusetts Bay, and usually practised on in the courts sM.'J^gisai. 
of law, shall still remain and be in full force, until altered s Pkk. 309, sio. 
or repealed by the legislature; such parts only excepted 2Met. iis. ' 
as are repugnant to the rights and liberties contained in 

this constitution. ' 



32 



CONSTITUTION OF THE 



Benefit of 
habeas corpus 
eecured, except, 
etc. 



The enacting 
Btyle. 



Officers of 
former govern- 
ment continued 
until, etc. 



Provision for 
revising con- 
stitution. 
For existing 
provision as to 
amendments, 
see amend- 
ments. Art. IX. 



Provision for 
revising con- 
stitution. 



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 commonweftlth 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 their sentiments on the necessity or expediency 
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- 
cepts, are in favor of such revision or amendment, the 
general court shall issue precepts, or direct them to be 
issued from the secretary's office, to the several towns 
to elect delegates to meet in convention for the purpose 
aforesaid. 



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 
chosen.] 

XI. This form of government shall be enrolled on Provigionfor 
parchment, and deposited in the secretary's office, and be puwuhinlTwl 
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, biu, etc., not 

and not approved by the governor; and if the general fiveXys'lnot^to 

court shall adjourn within five days after the same shall Ifwj^^a^urr' 

have been laid before the governor for his approbation, adjourn in the 

and thereby prevent his returning it with his objections, sMaVse?. 

as provided by the constitution, such bill or resolve shall if§ i']°Art.'n^ 
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, tliat 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 Irnor*'ii°iuLn^" 
guardiansliip, who shall have resided within the common- senators and' 
wealth one year, and within the town or district 'n which r^!:r.''l'-""'''i'V^'' 

•' ' 11 Pick. 538,540. 



Proviso. 

112 Mass. 200. 



34 



CONSTITUTION OF THE 



14 Pick. 341. 
14 Mass. 367. 
6 Met. 162, 298, 
501, .384. 
1 Oiay, 299. 
122 Muss. 595, 
097. 

124 Mass. 596. 
For educational 
qualification, 
see aiiiend- 
nients, Art. XX. 
For provision as 
tj those who 
have served ia 
I he array or 
navy in time of 
5var, see amend- 
ments, Art. 
XXVKI. 



Kotaries public, 
bow appointed 
and removed. 



Vacancies in the 
offices of secre- 
tary and treas- 
urer, how filled. 
This clause 
superseded by 
amendments, 
Art. XVII. 



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



Militia oflicera, 
how removed. 



Who may vote 
for captains and 
subalterns. 



Oath to be taken 
by all ofBcers. 
See Const., 
Ch. VI. Art. I. 



he may claim a right to rote, six calendar months next 
preceding any election of governor, lieutenant-governor, 
senators, or representatives, and who shall have paid, 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 him, in any town 
or district of this commonwealth; and also every citizen 
who shall be, by law, exempted from taxation, and who 
shall he, in all other respects, qualified as above mentioned, 
shall have a right to vote in such election of governor, 
licutiMiaiit-govcrnor, senators, and representatives ; and no 
other ptn'son shall l)e entitled to vote in such elections. 

Bee also amendments, Art XXUI., which was annulled by aoiendments, 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 secretaiy or treasurer of the com- 
monwealth shall become vacant 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 j^erson to such vacant office, 
who shall hold the same until a successor shall be appointed 
by the general court.] 

AVhenever 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 conmiissioned to command in the militia 
may be removed from office in such manner as tl>e 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- 
one years, shall have a right to vote. 

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

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



COMMONWEALTH OF MASSACHUSETTS. 



35 



Incompatibility 
of offices. 

122 Mass. 445, 
600. 

123 Mass. 535. 



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- Testa 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. VIII. No judge of any court of this common- 
wealth, (except the court of sessions,) and no person 
holding any office under the authority of the United 
States, (postmasters excepted,) shall, at the same time, 
hold the office of governor, lieutenant-governor, or 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. 

Art. IX. If, at any time hereafter, any specific and Amendments 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-thirds of the members of 
the house of representatives present and voting thereon, 
such proposed amendment or amendments shall be entered 
on the journals of the two houses, with the yeas and nays 
taken thereon, and referred to the general court then next 
to be chosen, and shall be published ; and if, in the general 
court next chosen as aforesaid, such proposed amendment 
or amendments shall be agreed to by a majority of the 



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. 



Commencement 
of political year, 



and termination. 



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

This clause 
superseded by 
amendments, 
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 Monday 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 rex^resenta- 
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 officers 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 amendment of the cpnsti- 
tution; and the governor, lieutenant-governor, councillors, 
senators, representatives, and all other state officers, who 



COMMONWEALTH OF MASSACHUSETTS. 



37 



Inconsistent 

provisions 
onuulliid. 



Religious 
freedom 
established. 
See Dec. of 
Rights, Art. 
UI. 



are annually chosen, and who shall be chosen for the cur- 
rent year, when the same shall go into operation, shall 
hold their respective offices until the first Wednesday of 
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- 
sistent with the provisions herein contained, are hereby 
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- 122 Maes. 40, 41. 
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 



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 



araendments, 
Art. XXI. 
Kepre&eiita- 
tives, how 
apportioned. 



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



Fractions, how 
represented. 



TcwTiB 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- 
nienttobe made 
once 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 such 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 city, 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 shall 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- 
sistent with the provisions herein contained, are hereby 
wholly annulled.] 



Inconsistent 

provisions 

annulled. 



Art. XHI. [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- 
itants to betaken 
in 1840, and de- 
cennially there- 
after, for basis 
of representa- 
tion. 

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



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 dia- 
tricta. 



40 



CONSTITUTION OF THE 



Basis of repre- 
sentation, and 
ratio of increaee. 



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 January, 
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 (he Art. XIV. lu all clectious of civil officers by the peo- 
pfn^am^of'' ^^ pie of this commonwealth, whose election is provided for 
votes. \yj lY^Q constitution, the person having the highest number 

of votes shall be deemed and declared to be elected. 

Time of annual Art. XV. Tlic meeting for the choice of governor, 
eraorTna ifgu- licutenant-govemor, senators, and representatives, shall 

lalure. 



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



Councillors to 
be chosen from 
the people at 
large. 

Provisions as to 
councillors 
superseded by 
ainendments, 
Art. XVI. 

Qualitications of 
councillors. 



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



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 the inhabitants of this commonwealth, qualified to vote 
for governor. The election of councillors shall be deter- 
mined by the same rule that is required in the election of 
governor. The legislature, at its first session after this 
amendment 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, Avithout 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 ma}'' 
be, after such 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' 
lois to be chosen 
by the people. 
122 Maes. 595. 



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 
t.inretary, treas- 
I'rer, auditor, 
Hiid attoi-ney- 
gcneral by the 
people. 



Vacancies, how 
tilled. 



To qualify with- 
in ten dayB, 
otlicrwise office 
to be deemed 
vacant. 



Qualification 
requisite. 



School moneys 
not to be ap- 
plied for secta- 



"Wednesday in January, to be by them examined ; and in 
case of the election of either of said officers, tlie choice 
shall be by them declared and published ; but in case there 
shall be no election of either of said officers, 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 office until 
his successor is chosen and duly qualified in his stead. 
In case any person chosen or appointed to either of the 
offices aforesaid, shall neglect, for the space of ten days 
after he could otherwise enter upon his duties, to qualify 
himself in all respects to enter upon the discharge of such 
duties, the office to which he has been elected or appointed 
shall be deemed vacant. No person shall be eligible to 
either of said offices unless he shall have been an inhabit- 
ant of this commonwealth five years next preceding his 
election or appointment. 

Art. XVIII. All moneys raised by taxation in the 
towns and cities for the 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 
law, for the election of sheriffs, registers of probate, com- 
missioners of insolvency, and clerks of the courts, by the 
people of the several counties, and that district-attorneys 
shall be chosen by the people of the several districts, for 
such term of office as the legislature shall prescribe. 

Art. XX. No person shall have the right to vote, or 
be eligible to office under the constitution of this common- 
wealth, who shall not be able to read the constitution in 
the English language, and write his name : provided, how- 
ever, that the provisions of this amendment shall not apply 
to any person prevented by a physical disability from com- 
plying with its requisitions, nor to any person who now 
has the right to vote, nor to any persons who shall be 
sixty 3^ears 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 liundred and fiftj'-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 shall 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, see 

conslitulion, 

Part First, Art. 

HI. 

12 Allen, 500, 

508. 

103 Mass. 94, 96. 



Legislature to 
prescribe for 
the election of 
sheritis, 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- 
fieations of 
voters. 
Proviso. 

For other quali- 
fications, see 
amendments, 
Art. III. 
See also amend- 
ments, Art. 
XXni., which 
was annulled by 
amendments, 
Art. XXVI. 



Census of legal 
voters and of 
inhabitants, 
when taken, etc. 
See P. 8. c. SI. 



House of repre. 
sent.atives to 
consist of 240 
members. 
Legislature to 
apportion, etc. 
10 Gray, 013. 



44 



CONSTITUTION OF THE 



Secretary eliall 
certify to officers 
authorized to 
divide counties. 



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



Qualifications of 
representatives. 
1-22 Mass. 595, 
59S. 



Districts to be 
numbered, 
described and 
certified. 



One hundred 
members 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 county shall be entitled, to the board authorized to 
divide each county into representative districts. The 
mayor and aldermen of the city of Boston, the county 
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 sliire town of their respective counties, and proceed, as 
soon as may be, to divide the same into representative 
districts of contiguous territory, so as to apportion the 
representation assigned to each county equally, as nearly 
as may be, according to the relative number of legal voters 
in the several districts of each county ; and such districts 
shall be so formed that no town or ward of a city shall 
be divided therefor, nor shall any district be made which 
shall be entitled to elect more than three representatives. 
Every representative, for one year at least next preceding 
his election, shall have been an inliabitant of the district 
for which her 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 county 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 for doing business ; but a less num- 
ber may organize temporarily, adjourn from day to day, 
and compel the attendance of absent members. 



COMMONWEALTH OF MASSACHUSETTS. 



45 



AliT. 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 shall 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- 
titled to vote, or shall be eligible to office, unless he shall 
have resided within the jurisdiction of the United States 
for Iwo years subsequent to his naturalization, and shall 
be otherwise qualified, according to the constitution and 
laws of this commonwealth: provided., that this amend- 
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.] 

Aet. XXIV. Any vacancy in the senate shall be filled 



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



Voters to be 
basis of appor- 
tioninent of 
senators. 



Senate to consist 
of forty mem- 
bers. 

SenatoHal 
districts, etc. 



See amend- 
ments. Art. 
XXIV. 



Qualifications 
of senators. 



Sixteen mem- 
bers a quorum. 



Residence of 
two years re- 
quired of natu- 
ralized citizens, 
to entitle to suf- 
frage or make 
eligible to office. 
Tbis article 
annulled by 
Art. XXVI. 



Vacancies In the 
senate. 



46 



CONSTITUTION OF THE 



Vacancies in the 
council. 



Twenty-third 
articleofamond- 
muiits auuuUed. 



Officers of 
Harvard College 
may be elected 
members of 
general court. 



Persons having 
served in the 
U. 8. army or 
navy, etc., not 
to be disquali- 
fied from voting, 
etc. 



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, by concurrent vote, choose some 
eligible person from the people of the district wherein such 
vacancy occurs, to fill that office. If such vacancy shall 
happen when the legislature is not in session, the governor, 
with the advice and consent of the council, may fill the 
same by appointment of some eligible person. 

Aet. XXVI. The twenty-third article of the articles 
of amendment of the constitution of this commonwealth, 
which is as follows, to wit : " No person of foreign birth 
shall be entitled to vote, or shall be eligible to office, unless 
he shall have resided within the jurisdiction of the United 
States for two years subsequent to his naturalization, and 
shall be otherwise qualified, according to the constitution 
and laws of this commonwealth: provided^ that this amend- 
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," 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. 

Art. XXVIII. No person having served in the army 
or navy of the United States in time of war, and having 
been honorably discharged from such service, if otherwise 
qualified to vote, shall be disqualified therefor on account 
of being a pauper; or, if a pauper, because of the non- 
payment of a poll-tax. 



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 183G, 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. 

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 1857i 
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 18.59, respectively, and ratified by the people 
on the ninth day of May, 1859, and was repealed by the twenty-sixth 
Amendment. 



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, 1860. 

The twenty-sixth Article was adopted by the legislatures of the 
political years 1802 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. 
p 

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. 

Address of both houses of the legislature, judicial officers may be 
removed by governor with consent of council upon, , 

Adjutant-general, appointed by the governor, .... 

Adjutants, to be appointed by commanding officers of regiments, 

Affii-mations, 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; en- 
tered upon the journals of both houses, and referred to 
the next general court : if the next general court agrees 
to the proposition in the same manner, and to the same 
effect, it shall be submitted to the people, and, if ap- 
proved 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 counties, made on the basis of legal voters. 

Armies, dangerous to liberty, and not to be maintained without con 
sent of the legislature, 

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

Arrest, members of house of representatives exempted from, on 
mesne process, while going to, returning from, or attend- 
ing the general assembly, 

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

warrant to contain special designation, ..... 

Attorney-general, to be chosen by the people annually in November, 

to hold office for one year from third Wednesday in January 

next thereafter, and until another is chosen and qualilied, 

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 '/allot of legis- 
lature from the two persons having the highest number of 

votes at November election 

49 



Page 



21 
21 
30, 35 
28 
26 



35, 36 

40,41 

41 

39, 45 

45 

30, 43 

43 

7 
7 



17 

7 

7 

20, 42 

42 
42 



42 



50 INDEX TO THE CONSTITUTION. 



Attoruej' -general, vacancy occurring during session of tlie legisla- 
ture, filled by joint ballot of legislature from the people 
at large, 42 

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

not eligible, unless an inhabitant of the state for five j'ears 

next preceding election or appointment, .... 42 

office to be deemed vacant if person elected or appointed 

fails to be qualified within ten days, 42 

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

to hold office for one year from third 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 presenta- 
tion, to have force of law, unless the legislature adjourns 

before that time expires, 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 

c. 

Census of ratable polls, 37 

of inhabitants, 39. 43, 45 

of inhabitants and legal voters taken in the year 1SG5, and 

every tenth year thereafter, 43, 45 

enumeration of voters to determine the apportionment of 

representatives, 43 



INDEX TO THE CONSTITUTION. 51 



Cities, may be cliartered by the general court, if containing twelve 
thousand inhabitants and consented to by a majority 

thereof, 33 

Civil officers, meeting for election to be held annually on the Tues- 
day next after the first Monday in November, ... 40 
whose election is provided for by the constitution to be 

elected by a plurality of votes, 40 

Clerks of courts, 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 

Commander-in-chief, governor to be, 19 

Commerce, agriculture and the arts, to be encouraged, ... 28 
Commissary -general, appointed and commissioned as fixed by law, . 25, 34 
Commission oflicers, tenure of oflSce 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 
governor, attested by the secretary, and have the great 

seal aflixed, 31 

Congress, delegates to, , . 26 

members of, may not hold certain state offices, . . 35 
Constitution, amendment to, proposed in the general court, agreed 
to by a majority of senators and two-thirds of the house 
present and voting thereon by yeas and nays; entered 
upon the journals of both houses, and referred to the 
next general court : if the next general court agrees to 
the proposition in the same manner and to the same 
effect, it shall be submitted to the people, and, if approved 
by them by a majority vote, becomes a part of the con- 
stitution, 35, 36 

Constitution, provisions for revising, 32, 35 

to be enrolled on pai'chment, deposited in secretary's office, 

and printed in all editions of the laws 33 

Coroners, 20 

Corruption or bribery used in procuring any appointment or elec- 
tion, 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 required in that of gover- 
nor, 41 

to take oath of office before the president of the senate in 

presence of both houses of assembly, .... 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 



52 



INDEX TO THE CONSTITUTION. 



Couucil to exercise the power of governor when office of governor 

and lieutenant-governor is vacant, 24 

no property qualification required, 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, 36 

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 be- 
havior, 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 

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

several counties, 39, 44 

Divorce, alimony, etc 26 



INDEX TO THE CONSTITUTION. 53 



E. 

Educational interests to be cherished, 28 

Elections ought to be free, 6 

Elections, by the people, of civil officers provided for by the consti- 
tution, 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 

Estates, valuation to be taken anew once at least every ten years, . 12 

Executive department, not to exercise legislative or judicial powers, 9 

£'xpos«/acto 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, 

freedom of speech and debate in, 

not to declare any subject to be guilty of treason or felony 

formed by two branches, asenate 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 necessary, and when- 
ever called by the governor with the advice of council, 10, 18, 36 

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 appointment of officers, and 

prescribe their duties, 11 

may Impose taxes, etc., to be used for the public service, . 11 



54 



INDEX TO THE CONSTITUTION. 



19 



19 
25 
31 

31 
30 

19 
21 

33 

41, 42 



Page 
General court, to be dissolved on the day next preceding the first 

Wednesday of January, 19,36 

travelling expenses of members, 16 

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

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, 

judicial officers may be removed upon address of, . 

person convicted of bribery not to hold seat in, 

may increase property qualifications of persons to be elected 
to office, 

certain officers not to have seats in, .... 

may be prorogued by governor and council for ninety days 
if houses disagree, etc., 

to elect major-generals by concurrent vote, 

empowered to charter cities, 

to determine election of governor, lieutenant-governor and 
councillors, ........ 

to prescribe by law for election of sherifis, registers of probate 
and commissioners of insolvency by the people of the 
counties, 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 Gover- 
nor of the Commonwealth of Massachusetts ; with the 
title of, — His Excellency ; elected annually, 

qualifications, — to have been an inhabitant of the state for 
seven years, and have freehold of £1,000 value, 

term of office, 

should have an honorable stated salary, .... 

the commander-in-chief, of the array and navy, but may not 
oblige them to go out of the limits of the state, 

to appoint the adjutant-general, 

may call together the councillors at any time, 

not to hold certain other offices 

to take oaths of office before president of the senate in pres 
ence of the two houses of assembly, ... 

to sign all commissions, 

election determined by the legislature, .... 

veto power, 

A'acancy in office of, powers to be exercised by the lieutenant 
governor • . . . . 

vacancy in office of governor and lieutenant-governor, powers 

to be exercised by the council, 24 



18 

18, 35 
36 
22 

19 
21 
19 
30 

30 

31 

41,42 

10 

23 



INDEX TO THE CONSTITUTION. 55 

Page 
Governor, with advice of council, may adjourn or prorogue the 

legislature upon request, 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 in- , 

fectious distemper prevailing, 19 

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

to appoint officers of the continental army, . , . , 21 

may pardon offences, but not before conviction, ... 20 

may fill vacancy in council occurring when legislature is not 

in session, 46 

with consent of council, may remove judicial officers, upon 

the address of both houses of the legislature, ... 25 
Governor and council, to examine election returns, , , . .14,41 

may punish persons guilty of disrespect, etc., by imprison- 
ment not exceeding thirty days, 17 

quorum to consist of governor and at least five members 

of the council, 19 

may require the attendance of the secretary of the common- 
wealth in person or by deputy, ...... 25 

H. 

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, 32 

Harvard College, powers and privileges, gifts, grants and convey- 
ances confirmed, 26, 27 

board of overseers established, but the government of the 

college may be altered by legislature, . . . . 27, 28 

officers may be elected members of the general court, . . 46 
Hereditary offices and privileges, absurd and unnatural, ... 5 

House of Representatives, members may be instructed by the people, 8 

a representation of the people annually elected and founded 

upon the principle of equality, 15 

may impose fines upon towns not choosing members, . . 16 

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, ii 



56 INDEX TO THE CONSTITUTION. 

Page 
House of Eepresentatives, members not to be arrested on mesne 
process during going to, return from, or attending the 

general assembly, 17 

the grand inquest of the commonwealth, .... 17 
to originate all money bills, but the senate may propose or 

concur with amendments, 17 

not to adjourn more than two days at a time, ... 17 
one hundred members constitute a quorum, . . . . 17, 44 
to choose officers, establish its rules, etc., . . . . 17 
may punish by imprisonment, not exceeding thirty days, per- 
sons guilty of disrespect, etc. ; trial may be by com- 
mittee, 17 

privileges of members 17 

may require the attendfrnce of secretary of the commonwealth 

in person or by deputy, 25 

may require the opinions of the justices of the supreme judi- 
cial court upon important questions of law, and upon 

solemn occasions, 25 

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

first Monday of November, 40 

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

Monday of November, 41 

to consist of two hundred and forty members, apportioned 
to the 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 representa- 
tives, 44 

board authorized to divide county into districts, to be certi- 
fied 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 1865, and every tenth year there- 
after 37, 39, 43, 45 

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

counties 43 

Instruction of representatives, 8 



INDEX TO THE CONSTITUTION. 57 

J. 

Page 
Judges of courts may not hoi 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, 9, 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 coun- 
cil ; nominations to be made seven days prior to appoint 

ment, .21 

to hold office during good behavior, except when otherwise 

provided 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, ... 26 

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 



58 



INDEX TO THE CONSTITUTION. 



Lieutenant-governor, to take oath of office before president of the 
senate in presence of both houses, 

not to hold certain other offices, 

terra of office, 

Literature and the sciences to be encouraged, 



Page 

30 
30 
36 
28 



M. 

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

concurrent vote, 

may appoint their aids, 

Marriage, divorce and alimony, 

Martial law, only those emploj^ed in the army and navy, and the 
militia in actual service, subject to, except by authority 

of legislature, . 

Military power, subordinate to civil authority, .... 
Militia, not to be obliged by commander-in-chief to march out of 

the limits of the state, 

captains and subalterns, elected by the train-bands, 

all members of companies may vote, including minors, . 

field officers, elected by captains and subalterns, 

brigadiers, elected by field officers, 

major-generals, elected by senate and house of representa 

tives by concurrent vote, 

mode of election of officers to be fixed by standing laws, 
if electors refuse to elect, governor with advice of council 

may appoint officers, 

officers commissioned to command may be removed as may 

be prescribed by law, 

appointment of stafi" officers 

organization ; divisions, brigades, regiments and companies 
Money, issued from treasury by warrant of governor, etc., 

mentioned in the constitution, to be computed in silver at 

six shillings and eightpence per ounce, 

Money bills, to originate in house of representatives, 

Moneys, raised or appropriated for public or common schools, not 

to be applied for support of sectarian schools, 
Moral obligations of lawgivers and magistrates, 
Moral qualifications for office, 



21 
21 
26 



20 
21, 34 
34 
21* 
21 

21 
21 

21 

21, 34 
21 
21 

22 

31 
17 

42 



Notaries public, to be appointed by governor with advice of council, 25, 34 
may be removed by governor with advice of council, upon 

address of both houses, 34 



INDEX TO THE CONSTITUTION. 59 
O. 

Page 
Oaths and affirmations, may be administered by courts and judica- 
tories, 11 

how and by whom talien and subscribed, . . 28, 29, 30, 34 

forms of, 29, 30, 34, 35 

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, . . . . G, 7 

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

Office, rotation in, right secured, G 

all persons having the prescribed qualifications equally eli- 
gible to, 6 

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

and judges, 30,35 

incompatible, 30, 31, 35 

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

of 11 

Officers, commission, tenure of office to be expressed in com- 
missions, ..... 25 

Officers, judicial, to hold office during good behavior, except, etc., 25 
may be removed by governor, with consent of council, upon 

the addi'ess of both houses of the 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 

P. 

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, sover- 
eign and independent state, 6 

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 legisla- 
ture, 8 

Person and property, remedy for injuries to, should be in the laws, 6 

Petition, right of, 8 

Plantations, unincorporated, tax-paying inhabitants may vote for 

councillors and senators, 13 

Plurality of offices, 30 

of votes, election of civil officers by, 40 



GO IN^DEX TO THE CONSTITUTION. 

Page 

Political year, begins on the first "Wednesday of January, . . 36 

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, 6 

Probate courts, provisions for holding, 26 

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

judges may not hold certain other offlces, . *. . . 35 

Pi'operty qualification, may be increased by the legislature, . . 31 

partially abolished, 40 

Prosecutious for crimes and ofi'euces regulated, .... 6 
Provincial laws, not repugnant to the constitution, continued in 

force, • . . 31 

Public boards and certain officers to make quarterly reports to the 

governor, 22 

Public officers, right of people to secure rotation, .... 6 

all persons having the prescribed qualifications equally eli- 
gible, 6 

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 of persons to be elected to office may be increased by 

the legislature, 31 

Qualification, property, of governor and lieutenant-governor, . . 18, 23 

Qualification, property, partially abolished, 40 

Qualifications of a voter, 13, 16, 33, 42, 45, 46 

of governor, 18, 42 

of lieutenant-governor, 23, 42 

of councillors, 40, 41 

of senators, 15, 39, 45 

of representatives, - . .16, 40, 44 

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

Qualifications, moral, of officers and magistrates, .... 8 

Quartermnsters, appointed by commanding officers of regiments, . 21 

Quorum of council, to consist of five members, . . .19, 24, 41 

of senate, to consist of sixteen members, . . • . 15, 45 

of house of representatives, to consist of one hundred 

members, 17, 44 

R. 

Ratable polls, census of, . . - 37 

Reading and writing, knowledge of, necessary qualifications for 

voting or holding office, 43 



INDEX TO THjE CONSTITUTION. 61 

Page 

Records of the commonwealth to be kept in the office of the seci'e- 

tary, 25 

Register of the council, resokitious and advice to be recorded iu, 

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, 13,18,41,42 

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 

disqualified from voting on account of being paupers, . 46 
Salary, a stated and honorable salary to be established for the 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 be appropriated for sectarian schools, . . 42 
Seal, great, of the commonwealth to be affixed to all commissions, 31 

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

Secretary of the commonwealth, 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 qualified, 42 

manner of election, etc., same as governor 42 

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 



62 INDEX TO THE CONSTITUTION. 

Page 
Secretary of the commonwealth, not eligible, unless an inhabitant 
of the state for five years next preceding election or 

appointment, 42 

ofHce to be deemed vacant if person elected or appointed fails 

to be qualified within ten days, ...... 42 

records of commonwealth to be kept in office 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, . . . 14,45,46 
qualifications of a senator, . . . . . . . 15, 40 

not to 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 ofl'ences; 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 tei'ritory, and to 

contain, as near as may be, an equal number of voters, . 45 

apportionment based upon legal voters, 45 

Sheriff's, elected by the people of the several counties, . . .20, 43 
Silver, value of money mentioned in the constitution to be computed 

in silver at six shillings and eightpence per ounce, . 31 

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

consent of owner, 9 



INDEX TO THE CONSTITUTION. 63 

Page 
Soldiers and sailors, who have served in time of war, etc., not dis- 
qualified from voting on account of being paupers, . . 46 
Solicitor-general, .......... 20 

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

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

Supreme judicial court, judges to have honorable salaries fixed by 

standing laws, and to hold office during good behavior, . 9, 22 
to give opinions upon important questions of law, 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 9 

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, 12 

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

shall be expressed in their commissions, .... 25 

Tests abolished, 35 

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

Title of governor to be, — His Excellency, 18 

Title of lieutenant-governor to be, — His Honor, .... 23 
Town clerk, to make record and return of elections, ... 13 

Town meetings, selectmen to preside at, 13 

Town representation in the legislature, 16, 38, 39 

Travelling expenses of members, to general assembly and returning 
home, once in every session, to be paid by the govern- 
ment, 16 

Treason and felony, no subject to be declared guilty of, by the 

legislature, 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 quali- 
fied, 42 

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

next preceding election or appointment, .... 42 
no man eligible more than five years successively, ... 25 



64 INDEX TO THE CONSTITUTION. 

Page 

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

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

by joint ballot of legislature from the two persons 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 con- 
sent of the council, 34 42 

otfice to be deemed vacant if person elected or appointed fails 

to be qualified within ten days 42 

Treasury, no moneys to be issued from, but upon the warrant of 

governor, except, etc 22 

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

guaranteed in criminal cases, except in army and navy, . 7 

u. 

University at Cambridge 26, 27, 28, 46 

Y. 

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

Vacancy in offices 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 seuate ai3d house ; if 
legislature is not in session, to be filled by governor with 
advice of the council, 40, 46 

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

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

Vacancy in office of secretary, treasurer, auditor and attorney-gen- 
eral, caused by decease of person elected, or failure to 
elect, filled by joint ballot of legislature from the two 
persons having highest number of votes at November 

election, 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 

governor, 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 every ten years at 

least, 12 

Veto power of the governor, 10 



INDEX TO THE CONSTITUTION. 65 

Pnge 

Voters, qualifications of, at elections for governor, lieutenant-gover- 
nor, senators and representatives, . . 13, 16, 33, 43, 45, 4G 

not disqualified on account of being paupers if they have 

served in the army or navy in time of war, etc., . . 4G 

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 within two 
years next preceding the election of state oflicers, and 
such as are exempted by law from taxation, but in other 
respects qualified, and who can write their names and 
read the constitution in the English language, . , 16, 33, 43 

the basis upon which the apportionment of representatives 

to the several counties is made, 43 

basis of apportionment of senators, 45 

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

after, 43, 44, 45 

Votes, returns of, 13,18,41,42 

plurality of, to elect civil ofilcers, 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 by 
legislature, 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. 

Year, political, begins on the first Wednesday of January, . . 36 



ACTS AND RESOLVES 



MASSACHUSETTS. 



1883. 



ly The General Court of 1883 assembled on Wednesday, the 
third day of January. The oaths of office required by the Consti- 
tution to be administered to the Governor and Lieutenant-Governor 
elect, were taken and subscribed by His Excellency Benjamin F. 
Butler and His Honor Oliver Ames on Thursday, the fourth day 
of January, in the presence of the two Houses assembled in conven- 
tion. 



ACTS AND RESOLVES. 



An Act making appropriations for the maintenance of the (JJimj, \ 

GOVERNMENT FOR THE PRESENT YEAR. ^ 

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

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 tlie year ending on the 
thiity-tirst day of December, in the year eighteen hun- 
dred and eighty-three, to wit: — 



LEGISLATIVE DEPARTMENT. 

For the salaries of the clerks of the senate and house of cierks of senate 

1 T r> 1 1 T 1 11 1 and house. 

representatives, two thousand live hundred dollars each. 

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

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

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

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

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

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

For the salary of the assistant fireman at the state Assistant fire- 
house, two dollars and one-half per diem for each day 
employed. 



334 



1883. — Chapter 1. 



Lieutenant-gov- 
ernor and coun- 
cil. 



Private secre- 
tary. 



Executive clerk. 



Messenger. 



EXECUTIVE DEPARTMENT. 

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

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

For the salary of the 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. 



Second clerk. 



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 
department, one thousand two hundred dollars. 

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



First clerk. 



Second clerk. 



Cashier. 



Extra clerks. 



treasurer's DEPARTMENT. 

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

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

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

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

For the salaries of the three extra cleiks 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 dolhars. 



Deputy tax 
commissioner. 



TAX commissioner's BUREAU. 

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



two 



1883. — Chapter 1. 335 

For the salary of the iirst clerk of the tax commls- First ciork. 
sioner, one thousand eight hundred dollars. 

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

For such additional clerical assistance as the tax com- Additional 
missioner and commissioner of corporations may find nec- 
essary, a sum uot exceeding twelve thousand dollars. 

auditor's department. 

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

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

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

For the salaries of the two extra clerks in the auditor's 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 ^Vai""^"^^^^"' 
dollars. 

For the salary of the assistant attorney-general, two Assistant attor- 

thoUSand dollars. ney.general. 

COMMISSIONERS ET AL. 

For the salaries of the commissioners on savings banks, commissioners 
five thousand six hundred dollars. banks. 

For the salary of the first clerk of the commissioners cierks. 
on savings banks, one thousand three hundred dollars; 
for the salary of the extra clerk of said commissioners, 
seven hundred dollars. 

For the salary of the insurance commissioner, three insurance com- 

.1 1 1 11 missioner. 

thousand dollars. 

For the salary of the deputy insurance commissioner, Dep"ty. 
two thousand five hundred dollars. 

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

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

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



336 



1883. — Chapter 1. 



Additional 
clerks. 



Inspectors of 
gas meters. 



Secretary of 
commissioners 
of prisons. 

Clerk. 



Railroad com- 
missiouers. 



Clerk. 



Assayer and in- 
spector of liq- 
uor. 

Bureau of sta- 
tistics of labor. 

First clerk. 



Additional 
clerks, etc. 



Commissioners 
on «tate aid. 

Harbor and lind 
commissioners. 

Engineer and 
experts. 



Expenses. 



Rent and inci- 
dental expenses. 



Commissioners 
on inland tish- 
eries. 



For such additional clerical assistance as the insurance 
commissioner may find necessary for the despatch of pub- 
lic business, a sum not exceeding seven thousand dollars. 

For the salary of the inspector of gas meters, two thou- 
sand dollars ; and for the salary of the assistant inspector 
of gas meters, one thousand two hundred dolhivs. 

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

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

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

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

For the salary of the accountant of the railroad com- 
missioners, two thousand dollars. 

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

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

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

For such additional clerical assistance, and for the nec- 
essary expenses of the bureau of statistics of labor, a 
sura not exceeding five thousand dollars. 

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

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

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

For travel and other necessary expenses of the harbor 
and land commissioners, a sum not exceeding one thou- 
sand dollars. 

For rent, incidental and contingent expenses of the har- 
bor and land commissioners, a sum not exceeding two 
thousand two hundred dollars. 

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



Secretary. 



AGRICULTURAL DEPARTMENT. 

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



1883. — Chapter 1. 



337 



For the salary of the clerk of the secretary of the board ^''^'■^• 
of agriculture, one thousand one hundred dollars. 

For other clerical assistance in the ofSce of the secre- Lectures and 
tary of the board pf agriculture, and for lectures before cieVks?"^ 
the board, a sura not exceeding four hundred dollars. 



EDUCATIONAL DEPARTMENT. 

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

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

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



AssiBtant libra, 
riaii. 



Additional cler- 
ical atjsistance. 



MILITARY DEPARTMENT. 

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

For the salary of the first clerk in the adjutant-gener- 
al'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 an additional clerk in the adjutant- 
general's depnrtment, 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-gener- Messenger. 
al's department, eight hundred dollars. 

For such additional clerical assistance as the adjutant- Additional 
general may find necessary, and for compensation of em- 
ployees at the state arsenal, a sum not exceeding five 
thousand five hundred dollars. 

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



First clerk. 



Second clerk. 



Additional 
clerk. 



Extra clerks. 



eral. 



MISCELLANEOUS. 

For the purchase of books for the state library, three Book? for 
thousand three hundred dollars. library. 

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

Approved January 29, 1S83. 



338 



1883. — Chapters 2, 3. 



Chap. 2 



Appropriations. 



Senators, com- 
pensation. 

Representa- 
tives, compensa- 
tion. 

Senators, mile- 
age. 

Representa- 
tives, mileage. 

Preacher of 
election sermon. 

Chaplains. 



Doorkeepers, 
messengers and 
pages. 



Witnesses be- 
fore committees. 



Contingent 
expenses. 



Expenses of 
committees. 



exceeding 



An Act making appropriations for the mileage and com- 
pensation OF the members of the legislature, for the 
compensation of officers thereof, and for other pur- 
poses. 

Be it enacted^ etc., as folloios: 

Section 1. The sums hereinafter mentioned are ap- 
propriated, to be paid out of the treasury of the Com- 
monwealth, from the ordinary revenue, for the purposes 
specified, to 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 
two thousand five hundred dollars. 

For compensation of the preacher of the election ser- 
mon, fifty dollars. 

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

For compensation of the door-keepers, 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 rep- 
resentatives, and necessary expenses in and about the 
state house, a sum not exceeding five thousand dollars. 

For authorized expenses of committees of the present 
legislature, including clerical assistance to committees au- 
thorized to employ the same, a sum not exceeding five 
thousand dollars. 

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

Approved January 29, 1883. 



Chap. 3 



Appropriations. 



An Act in addition to " an act making appropriations for the 
maintenance of the government during the present year " 

Be it enacted, etc., as foUoivs : 

Section 1. The sums hereinafter mentioned are ap- 
propriated, to be paid out of the treasury of the Common- 
wealth, from the ordinary revenue, for the purposes spec- 
ified, to meet expenses for the year ending December 



1883. — Chapter 3. 



339 



thirty-first, in the year eighteen hundred and eighty-three ; 
to wit : — 



SUPREME JCDICIAL COURT. 

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

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

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

For the salaries of the officers and messenger in attend- 
ance upon the supreme judicial court, sixteen hundred 
dollars. 

SUPERIOR COURT. 

For the salary of the chief justice of the superior court, cwefjusti 
five thousand three hundred dollars. 

For the salaries of the ten associate justices of the supe 
rior court, fifty thousand dollars. 



Officers and 
messengers. 



Associate us- 
tices. 



COURTS OF PROBATE AND INSOLVENCY. 

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

For the salary of the judge of probate and insolvency 
for the county of Middlesex, three thousand dollars. 

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

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

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

For the salary of the judge of probate and insolvency 
for the county of Bristol, eighteen hundred dollars. 

For the salary of the judge of probate and insolvency 
for the county of Plymouth, fifteen hundred dollars. 

Fo.r the salary of the judge of probate and insolvency 
for the county of Berkshire, twelve 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, fourteen hundred dollars. 

For the salary of the judge of probate and insolvency 
for the county of Franklin, fourteen hundred dollars. 



Judge — 
Suffolk. 



Middlesex. 

Worcester. 

Essex. 

Norfolk. 

Bristol. 

Plymouth. 

Berkshire. 

Hampden. 

Hampshire. 

Franklin. 



340 



1883. — Chapter 3. 



Bainstable. 
Nantucket. 
Dukes Countv. 



Register — 
Suiafolk. 



Worcester. 

Essex. 

Norfolk. 

Bristol. 

Plymouth. 

Hampden. 

Berkshire. 

Hampshire. 

Franklin. 

Barnstable. 
Nantucket. 
Dukes County. 



Assistant 
register — 
Suffolk. 

Middlesex. 



Worcester. 



Essex. 



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 pro])ate 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 count}^ of Norfolk, fifteen hundred dollars. 

For the salary of the register of probate and insolvency 
for the county of Bristol, eighteen hundred dollars. 

For the salary of the register of probate and insolvency 
for the county of Plymouth, fifteen hundred dollars. 

For the salary of the register of probate and insolvency 
for the county of Hampden, sixteen hundred dollars. 

For the salary of the register of probate and insolvency 
for the county of Berkshire, twelve hundred dollars. 

For the salary of the register of probate and insolvency 
for the county of Hampshire, fourteen hundred dollars. 

For the salary of the register of probate and insolvency 
for the county of Franklin, fourteen hundred dollars. 

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

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

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

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

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

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

For the salary of the assistant register of probate and 



1883. — Chapter 4. 



341 



insol\^ency for the county of Essex, fifteen hundred 
dollars. 

For the salary of the assistaut register of prol)ate aud Norfolk. 
insolvency for the county of Norfolk, eleven hundred 
dollars. 

For the salary of the clerk for the register of probate cierk in Suffolk. 
and insolvency for the county of Suffolk, twelve hundred 
dollars. 

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

For expenses of the courts of probate and insolvency. Expenses. 
a sum not exceedins: two thousand dollars. 



DISTRICT ATTORNEYS. 

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

For the salaries of the first and second assistant district 
attorneys for Suffolk district, twenty-five hundred dollars 
each. 

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, twenty-four hundred dollars. 

For the salary of the district attorney for the eastern 
district, twenty-four hundred dollars. 

For the salary of the district attorney for the south- 
eastern district, eighteen hundred dollars. 

For the salary of the district attorney for the southern 
district, eighteen hundred dollars. 

For the salary of the district attorney for the middle 
district, eighteen hundred dollars. 

For the salary of the district attorney for the western 
district, eighteen hundred dollars. 

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

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

Approved January 29, 18S3. 

An Act to amend an act to revise the charter of the city 

of newton. 

Be it enacted etc. , as foUotvs : 

Section 1. Section nine of chapter two hundred and <^''^^'''^^, 
ten of the acts of the year one thousand eight hundred and 



District- 
attorney — 
Sutfolk. 

Assistant dis- 
trict.attorneys. 



Clerk. 



District- 
attornej' — 
Northern 
district. 
Eastern district. 

Soutt-eastern 
district. 

Southern 
district. 



Middle district. 



Western 
district. 



North-western 
district. 



Chap. 4 



342 



1883. — Chapters 5, 6, 7. 



Chap. 5 



Town of Med- 
ford may lay 
water pipes in 
Somerville, sup. 
ply water, etc. 



Proviso. 



eighty-two, defining certain powers of the mayor and 
aldermen of the city of Newton, is amended by striking 
out the words "the preceding" in the last line, and by 
adding the word "seven" after the word "section" in 
the same line. 

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

Aioproved February 5, 1883. 

An Act authorizing the town of medford to lay water pipes 
IN boston avenue. 

Be it enacted^ etc., as folloivs : 

Sectiox 1. The town of Medford may lay its water 
pipes in Boston Avenue in the city of Somerville, and 
may supply w^ater in that portion of said Somerville which 
lies north of a line two hundred feet distant southerly 
from the south line of Boston Avenue, and parallel there- 
w'ith, on the same terms and with the same rights as it 
may lay pipes and supply water within the limits of said 
town of Medford : provided, Jioicever, that said town shall 
at its own expense erect and maintain a hydrant at some 
suitable point upon the line of said avenue in said city of 
Somerville, from which said city shall have a right to 
take, free of expense, W'hatever water it may require for 
the extinguishment of fires or the w^atering of streets. 

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

Approved February 9, 1883. 



Chap. 6 



Action legal- 
ized, regarding 
payment of a 
bounty. 



An Act legalizing the action of the toavn of holliston 
regarding the payment of a bounty to peter mcmanamy. 

Be it enacted, etc., as follows : 

Section 1. The action of the town of Holliston au- 
thorizing the payment of a bounty to Peter McManamy, 
taken at a town meeting held March sixth eighteen hun- 
dred and eighty-two is confirmed and made valid ; pro- 
vided, that the said town shall not be re-imbursed by the 
Commonwealth for any money paid under the authority 
of this act. 

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

Approved February 10, 1883. 



Chav. 7 "^^ ^^^ concerning the bonds of railroad corporations. 

Be it enacted, etc., as folloivs: 

Bonds and notes Section 1. No bond or uotc heretofore issucd by any 

approvri'nirto I'ailroad corporation within this state for any lawful pur- 
be invalid. 



1883. — Chapter 8. 



343 



pose, shall be invalid by reason of not having been ap- 
proved and certified by some person appointed by the 
corporation for that purpose, as provided in section sixty- 
two of chapter one hundred and twelve of the Public 
Statutes, or in section forty-nine of chapter three hun- 
dred and seventy-two of the acts of the year eighteen 
hundred and seventy-four, and the acts amending the 
same. 

Section 2. Any railroad corporation that has hereto- ^°„"!^/^ "t^ ''Pq 
fore issued any such bonds or notes without such approval be ratified with- 

1 • n 1 1 ■^^ • c i /^ i'"^ iiinetv days. 

and certihcate, shall ratiiy, approve and conhrm sucn 
bonds or notes within ninety days from the passage of 
this act, either at the annual meeting of the stockholders, 
or at a special meeting called for the purpose. 

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

Approved February 12, 1883. 



An Act to revive " an act to incorporate the newton mills," (J]iaj). 8 

AND TO confirm TUE DOINGS OF SAID CORPORATION. -^ ' 

Be it enacted, etc., as folloivs: 

Section 1. Chapter three hundred and ninety-eight charter revived 
of the acts of the year eighteen hundred and fifty-three, 
entitled "An Act to incorporate the Newton Mills," is 
revived and continued in force ; and the corporation here- 
tofore known as the Newton Mills, and carrying on busi- 
ness in the city of Newton, is revived and continued in 
force with all the powers and privileges, and subject to 
all the duties, restrictions and liabilities, set forth in said 
act and in all general laws which now are or hereafter 
may be in force applicable to manufacturing corporations. 

Section 2. The organization of the Newton Mills, 
and all acts done thereunder or under that name, and all 
acts and doings depending thereon, which would have 
been legal and valid if the charter of said Newton Mills 
had been in existence, are ratified, confirmed and made 
valid, as if said corporation had not been dissolved by 
chapter three hundred and twenty-seven of the acts of 
the year eighteen hundred and seventy-three. 

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

Approved February 13, 1883. 



Organization 
and acts done 
thereunder, rat- 
ified. 



344 



1883. — Chapter 9. 



Chajp. 9 



Appropriations. 



Normal schools. 



Normal art 
school. 



Agents, salaries 
and expenses. 



Incidental 
expenses. 



Teachers' insti- 
tutes. 



County teach- 
ers' associa- 
tions. 



Dukes county 
association. 



Pupils in nor- 
mal schools. 



Travelling 
expenses. 



Mass. teachers' 
association. 



An Act making appropriations for certain educational ex- 
penses. 
Be it enacted^ etc., asfulloics : 

Section 1. The 8um6 hereinafter mentioned are ap- 
propriated to be paid out of the treasnr}' of the Com- 
monwealth, from the ordinary revenue, unless otherwise 
ordered, for the purposes specified, to wit : — 

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

For support of the state normal art school, including 
rent, taxes, etc, a sum not exceeding fifteen thousand 
nine hundred and seventy-five dollars, to be paid from 
the unappropriated balance of the moiety of the income 
of the school fund applicable to educational purposes, 
and the excess, if any, from the treasury. 

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

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

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

For county teachers' associations, a sum not exceeding 
three hundred dollars, to be paid out of the moiety of 
the income of the school fund applicable to educational 
purposes. 

For Dukes county teachers' association, the sum of 
fifty dollars. 

For aid to pupils in state normal schools, a sum not 
exceeding four thousand dollars, payable in semi-annual 
payments, to be expended under the direction of the 
board of education. 

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

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 
purposes, subject to the approval of the board of educa- 
tion . 



1883.— Chapters 10, 11. 



345 



Income of 
funds. 



May increase 
capital stock. 



For the Perkins institution and the ]\Iassachusetts school ^i';^^"' f^'"''^^ 
for tlie blind, the sum of thirty thousand dollars. 

For contingent expenses of the state library, to be ex- state library. 
pended under the direction of the trustees and librarian, 
a sum not exceeding eight hundred dollars. 

For support of Massachusetts beneficiaries in asylums Doaf and dumb. 
for the deaf and dumb, and in other institutions of the 
same character, a sum not exceeding forty thousand dol- 
lars. 

The income of the Rogers book fund, of the Todd nor- 
mal school fund, and of the two technical educational 
funds, shall be expended in accordance with the provis- 
ions of the various acts relating thereto. 

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

[The foregoing was laid before the Governor on the ninth day 
of February^ 1883, and after five days it had the '■'force of a 
law" as prescribed by the Constitution, as it was not returned by 
him with his objections loithin that time.'\ 

An Act to authorize the boston and Colorado smelting (Jhcip. 10 

COMPANY to increase ITS CAPITAL STOCK. 

Be it enacted, etc., as follows : 

Secteon 1. The Boston and Colorado Smelting Com- 
pany, a corporation established under the general laws of 
this Commonwealth, is authorized to increase its capital 
stock to an amount not exceeding two million dollars. 

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

Approved February 15, 1883. 

An Act enabling the boston produce exchange to assist the CllCip. 11 

WIDOWS, ORPHANS, OK OTHER RELATIVES OF, OR ANY PERSONS DE- 
PENDENT UPON, ITS DECEASED MEMBERS. 

Be it enacted, etc., as follows : 

Section 1. Chapter fifteen of the acts of the year May assist wid- 
eighteen hundred and seventy-seven, entitled " An Act to etr.'oTdecTas'ed 
incorporate the Boston Produce Exchange," is amended n^embers. 
by inserting after the word " vicinity," in the sixth line of 
the first section, the words " and of assisting the widows, 
orphans, or other relatives of deceased members, or any 
persons dependent upon deceased members, in such man- 
ner as said corporation may by its by-laws prescribe." 

Section 2. The provisions of sections ten and eleven Returns to in- 
of chapter one hundred and fifteen of the Public Statutes 
shall apply to said corporation. 

Section 3. This act shall take efiect upon its passage, 
ft Approved February 15, 1883. 



Buraiice com- 
missioner. 



346 



1883. — Chapters 12, 13, U, 15. 



Jiaj). 



May hold addi- 
tional real and 
personal estate. 



\2 An Act enabling the spencer wateu company to hold ad- 
ditional REAL AND PERSONAL ESTATE. 

Be it enacted, etc., asfolloivs: 

Section 1. Section five of chapter one hundred and 
nineteen of the acts of the j^ear eighteen lumdred and 
eighty-two is amended so as to read as follows: — The 
Spencer Water Company, for the purposes set forth in this 
act, may hold real and personal estate not exceeding in 
value the amount of its capital stock ; and its whole capi- 
tal stock shall not exceed two hundred thousand dollars, 
to be divided into shares of one hundred dollars each. 

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

Approved February 15, 1883. 

OllClT). 13 ^^ "^^^ ENABLING THE ROXBURY HOME FOR CHILDREN AND AGED 
^ ' WOMEN TO HOLD ADDITIONAL REAL AND PERSONAL ESTATE. 

Be it enacted, etc. , as follows : 
May hold addi- Section 1 . Scctiou two of chapter two hundred and 
pewonaT estate, foi'ty of the acts of thc year eighteen hundred and fifty- 
six, entitled " An Act to incorporate the Children's Home 
and Home for Aged Females in Roxbury," is repealed, 
and the following is substituted in place thereof: " Said 
corporation may take and hold real estate not exceeding 
the value of seventy-five thousand dollars, and personal 
estate not exceeding the value of seventy-five thousand 
dollars, for the aforesaid charitable purposes." 

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

Approved February 15, 1883. 



OTian 14 ^"^ ^'^^ relative to the pensioning of members of the 

1 ' POLICE department OF THE CITY OF BOSTON. 

Be it enacted, etc., as folloios: 
Disabled lieu- Scction fivB of chapter two hundred and forty-four of 

may"be ?edr°e'(r the acts of the year eighteen hundred and seventy-eight 
with pensious. relative to the pensioning of members of the police de- 
partment of the city of Boston, is amended by inserting 
after the Avord " captain" in the fourth line thereof, the 
word " lieutenant." Approved February 15, 1883. 



CI tap. 15 



May hold addi- 
tional real and 
personal estate. 



An Act authorizing the pilgrim society to hold additional 
real and personal estate. 

Be it enacted, etc., as folloios: 

The Pilgrim Society, incorporated bj' an act approved 

January twenty-fourth, eighteen hundred and twenty, is 



1883. — Chapters 16, 17, 18. 



347 



authorized to acquire antl hold real and personal estate in 
Plymouth not exceeding the amount of three hundred thou- 
sand dollars for the purposes set forth in their charter, and 
for the creation and preservation of memorials of the Pilgrim 
Fathers : provided, that if any portion of such estate is 
leased for business purposes, it shall not be exempt from 
taxation. Approved February 20, 1883. 



OF MARLBOROUGH TO ISSUE (J]iap. 16 
OR SCRIP, AND FOR OTHER ^ 



An Act to authorize the town 
additional water bonds, notes 
purposes. 

Be it enacted, etc., asfolloios: 

Section 1. The town of Marlborough, in addition to ^j'lfj'^"^^'^'^'^'" 
the amount of notes, bonds or scrip authorized by chapter bonds. 
one hundred and ninety-one of the acts" of the year eigh- 
teen hundred and eighty, may issue a further amount 
thereof, not exceeding the sum of seventy-five thousand 
dollars, in accordance with the provisions of the act herein 
referred to and for the purposes named therein. 

Section 2. Section six of said chapter one hundred ^^^"?™^"i'° 

■t • . Ill -I'l 1 • losu, lyi, 5 D. 

and nniety-one is amended by striking out the w^ords, " in 

April." 

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

Approved February 20, 1883. 

An Act to authorize the city of lynn to supply the town QJiaj). 17 
OF swampscott with water for fire purposes. ' ^ ' 

Be it enacted, etc., asfoUoivs: 

Section 1. The city of Lynn is authorized to furnish i^y°2 '^^y ^"P; 

'' . "^ ply Swampscott 

the town of Swampscott with a supplv of water for the wuh water for 

. . . , > /. r« 11.. fjj.g purposes. 

extinguishment ot nres. 

Section 2. Tlxis act shall take efi'ect upon its passage. 

Ajyproved February 21, 1883. 



An Act authorizing the Norwich and Worcester railroad 

COMPANY TO purchase AND HOLD STOCK IN ANY INCORPO- 
RATED COMPANY RUNNING STEAMBOATS IN CONNECTION WITH ITS 
RAILROAD TO NEW YORK CITY. 

Be it enacted, etc., as follows: 

Section 1. The Norwich and Worcester Railroad 
Company, incorporated under chapter two hundred and 
four of the acts of the year eighteen hundred and thirty- 
six, may purchase or subscribe for and hold shares, to an 
amount not exceeding fifteen per cent, of its own author- 
ized capital stock, in the capital stock of any incorpo- 
rated company running steamboats in connection with its 



Chap. 18 



May take stock 
in any incorpo- 
rated companj' 
running steam- 
boats in connec- 
tion with its 
road to New 
York City. 



348 



1883. — Chapters 19, 20, 21. 



railroad to the city of New York : provided, said railroad 
company at any legal meeting of its stc/ckholders called 
for that purpose shall elect to do so by the vote of a ma- 
jority of all the stock of said. railroad. 

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

Approved February 21, 1883. 

Chcip. 19 An Act to change the name of " the congregational pub- 
lishing SOCIETY OF BOSTON." 

Be it enacted, etc,, as follows: 
Name changed. SectionI. The iiamc of " The Congregational Pub- 
lishing Society of Boston," originalh^ incorporated under 
chapter twenty-nine of the acts of the year eighteen hun- 
dred and forty-one, is changed to that of " The Congre- 
gational Sunday School and Publishing Society." 

Section 2. This act shall take effect upon its pas.?age. 

Approved February 21, 1883. 

Chap. 20 An Act in addition to an act to authorize the society for 

THE RELIEF OF WIDOWS AND ORPHANS OF DECEASED CLERGYMEN 
OF THE PROTESTENT EPISCOPAL CHURCH TO HOLD ADDITIONAL 
REAL AND PERSONAL ESTATE. 

Be it enacted, etc., as folloios: 

Section 1. The Society for the Relief of the Widows 
and Orphans of Deceased Clergymen of the Protestant 
Episcopal Church, incorporated under chapter twenty- 
one of the acts of the year eighteen hundred and forty- 
one, is authorized to hold real and personal estate to the 
amount of two hundred thousand dollars. 

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

Approved February 21, 1883. 



May hold addi- 
tional real and 
personal estate, 



Chap. 21 



May sell supply 
of water to any 
city or town in 
the Common, 
■wealth. 



Repeal. 



An Act relating to the lynn aqueduct company. 
Be it enacted, etc., as follows: 

Section 1. The Lynn Aqueduct Company, incorpo- 
rated under chapter one hundred and thirt3-two of the acts 
of the year eighteen hundred and sixty-five, is authorized 
in addition to the rights and powers heretofore granted to 
it to sell to the town of Nahant or to any other town or 
city in the Commonwealth a supply of fresh water. 

Section 2. Section seven of chapter one hundred and 
thirty-two of the acts of the year eighteen hundred and 
sixty-five is repealed. Approved February 21, 1883. 



1883. — Chapter 22. 349 



An Act making appropriations for sundry charitable QJiaip. 22 

EXPENSES. 

He it enacted, etc., asfoUoivs: 

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

STATE BOARD OF HEALTH, LUNACY AND CHARITY. 

For travelling and other necessary expenses of the Expenses of 
board of health, lunacy and charity, twelve hundred dollars. 



board. 



DEPARTMENT OF HEALTH. 

For salary of the health officer in the department of Health officer. 
health, twenty-five hundred dollars. 

For such clerical assistance as the health officer may clerical assist- 

^nc6a 

deem necessary in the department of health, a sum not 
exceeding one thousand dollars. 

For general work of the department of health, including fg^^nmen't^of 
chemical analyses, sanitary investigations and reports, and health. 
travelling expenses for inspections, a sum not exceeding 
twenty-five hundred dollars. 

INSPECTOR OF CHARITIES. 

For salary of the inspector of charities, twenty-five inspector, 
hundred dollars. 

For such clerical assistance as the inspector of charities clerical assist- 
may deem necessary, a sum not exceeding forty-five hun- 
dred dollars. 

For incidental and contingent expenses in the depart- incidental and 
ment of the inspector of charities, including expenses in- expenfe^s! 
curred in visiting and inspecting public institutions, a sum 
not exceeding one thousand dollars. 

SUPERINTENDENT OF IN-DOOR POOR. 

For salary of the superintendent of in-door poor, twenty- superintendent 

^,T*<iT„*- -^ V of in-door poor. 

five hundred dollars. 

For salary of the assistant superintendent of in-door Assistant 

^^, , 11111 superintendent. 

poor, niteen hundred dollars. 

For salary of the assistant in the bureau of vi'sita- Bureau of 

tion, fifteen hundred dollars. visitation. 

For such additional clerical assistance, including services clerical assist- 



350 



1883. — Chaptee 22. 



Travelling and 

contingent 

expenses. 



of visitors, as the superiutenclent 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, incidental and contingent expenses of 
the superintendent of in-door poor, a sum not exceeding 
six thousand dollars. 



Superintendent 
of outdoor 
poor. 

Clerk. 



Additional cler- 
ical assistance. 



Incidental and 

contingent 

expenses. 



SUPERINTENDENT OF OUT-DOOR POOR. 

For salary of the superintendent of out-door poor, 
twenty-tive hundred dollars. 

For salary of the clerk of the superintendent of out- 
door poor, fifteen hundred dollars. 

For such other clerical assistance, including visitors, as 
the superintendent of out-door poor, with the approval of 
the board of health, lunacy and charity, may deem neces- 
sary, a sum not exceeding ten thousand two hundred dol- 
lars. 

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



State paupers in 
lunatic hospi- 
tals. 



Transportation 
to almshouse. 



Transportation 
of state pau- 
pers. 

Indigent and 
neglected chil- 
dren. 

Cases of settle- 
ment and bas- 
tardy. 



Infant asylum. 



Support of state 
paupers by 
cities and 
towns. 



MISCELLANEOUS CHARITABLE. 

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

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 care and maintenance of indigent and neglected 
children, a sura not exceeding five thousand dollars. 

For expenses attending the management of cases of 
settlement and bastardy, a sum not exceeding two thou- 
sand dollars. 

For re-imbursement of the Massachusetts infant asy- 
lum for the support of infants having no known settle- 
ment in the Commonwealth, a sum not exceeding thirteen 
thousand dollars. 

For 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. 



1883. — Chapter 22. 



351 



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

For temporary support of state paupers by cities and 
towns, for the present and previous years, a sum not ex- 
ceeding sixteen 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 
paui^ers : py^ovided, a detailed report of such expenditures 
shall be rendered to the auditor of accounts whenever 
required. 

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

For expenses in connection with small-pox and other 
diseases dangerous to the public health, a sum not exceed- 
ing five thousand dollars. 

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

For the Massachusetts school for idiotic and feeble- 
minded youth, seventeen thousand five hundred dollars. 

For payment of expenses incurred in connection with 
the act relating to the adulteration of food and drugs, 
three thousand dollars. 

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

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

For other annuities authorized by the legislature, a 
sum not exceeding twenty-two hundred and ninety-seven 
dollars. 

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

For expenses incurred in connection with medical ex- 
aminations and inquests, a sum not exceeding three thou- 
sand five hundred dollars. 

The sum of two thousand dollars may be expended by 
the board of health, lunacy and charity in giving tem- 
porary assistance to persons, in extraordinary cases of 
sufiering, where the provisions made by existing laws 
are, in their judgment, deemed insufficient. 



Burial. 



Temporary sup- 
port by cities 
and towns. 



Report of 
expenditures to 
be made to tlie 
auditor. 



Outside found- 
lings. 

Dangerous 
diseases. 



Indian paupers. 



Idiotic and 

feeble-minded 

youth. 

Adulteration of 
food and drugs. 



Auxiliary visi- 
tors. 



Johonnot 
annuities. 



Annuities. 



Pensions. 



Medical exami- 
nations and 
iuciuests. 



Temporary 
assistance. 



352 



1883. — Chapter 23. 



Gratuity to 
town of West- 
field. 



Chap. 



Appropriations. 



Printing and 
binding ordered 
by legislature. 



Senate sta- 
tionery. 



House sta- 
tionery. 



Sergeant-at- 
arms, station- 
ery. 



Incidental and 

contingent 

expenses. 

Council, 

printing and 

stationery. 

Governor and 
council, contin- 
gent expenses. 
Executive 
department, 
contingent 
expenses. 
Postage, 
printing and 
stationery. 



GEATUITIES. 

For a gratuity payable to the town of Westfield, au- 
thorized by the legislature, the sum of five thousand 
dollars. , 

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

\_Tlie foregoing was laid before the Governor on the twentieth day 
of February, 1883, and after five days it had the '■'■force of a 
law," as prescribed by the Constitution, as it loas not returned by 
him, with his objections, within that ^tme.] 

23 -'^N Act in further addition to "an act -making appropria- 
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, eighteen hundred and eighty-three, to wit : — 

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

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

For stationery for the house of representatives, pur- 
chased by the clerk of the house of representatives, a sum 
not exceeding sixteen hundred dollars. 

For books, stationery, printing and advertising, or- 
dered by the sergeant-at-arms for the legislature, a sum 
not exceedino^ eioht hundred dollars. 

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

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

For contingent expenses of the governor and council, 
a sum not exceeding fifteen hundred dollars. 

For contingent expenses of the executive department, 
the sum of three thousand dollars. 

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



1883. — Chapter 23. 



353 



STATE HOUSE EXPENSES. 



State house 
fuel and lights. 



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

For repairs, improvements and furniture of the state Repairs and 

T n Till furniture. 

house, a sum not exceednig nve thousand dollars. 

For rent, taxes and other expenses connected with Expenses No. 
house numbered thirty-three Pemberton square, a sum square. 
not exceeding: ten thousand dollars. 



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 sixteen hundred dollars. 

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

For incidental expenses of the commissioner of corpo- 
rations, 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 
railroad commissioners, a sum not exceeding twenty-seven 
hundred and eighty-five dollars. 

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

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

For incidental expenses of the attorney-general's de- 
partment, a sum not exceeding fifteen hundred dollars ; 
and for expenses of civil actions, a sum not exceeding 
three hundred dollars. 

For travelling expenses of the inspector and assistant 
inspector of gas meters, a sum not exceeding six hundred 
dollars ; and for furnishing such additional apparatus as 
the inspector of gas meters may find necessary, a sum not 
exceeding two hundred dollars. 



Incidental 
expenses — 
Secretary. 

Treasurer. 



Tax commis- 
sioner. 



Commissioner 
of corporations. 



Insurance com- 
missioner. 



Railroad com- 
missiouers. 



Commissioners 
on savings 
banks. 



Surgeon-gen- 
eral. 



Attorney-gen- 
eral. 



Inspectors of 
gas-meters. 



354 



1883. — Chapter 23. 



Adjutant-gen- 
eral. 



Military duty. 
Transportation. 



Head-quartera 
and armories. 



Quartermaster- 
general. 

Quartermasters' 
supplies. 

Grading camp- 
ground. 

Military 
accounts. 



Medical 
supplies. 



Soldiers' boun- 
ties. 



Sailors and 
marines. 



Proceeds of 
sales to be ap- 
plied to pur- 
chase of mili- 
tary supplies. 



Re-imburse- 
ment for state 
and military aid. 



Bounties to 
societies. 



MILITARY DEPARTMENT. 

For incidental expenses of the adjiitant-general's office, 
a sum not exceeding three thousand dollars. 

For compensation of officers and men of the volunteer 
militia, a sum not exceeding seventy thousand dollars. 

For transportation of officers and men of the volunteer 
militia while on military dut}^ a sum not exceeding thir- 
teen thousand dollars. 

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

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

For quartermaster's supplies, a sum not exceeding ten 
thousand dollars. 

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

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

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

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

For expenses in connection Avith the record of Massa- 
chusetts officers, sailors and marines, a sum not exceeding 
five hundred dollars. 

Any sums of money received under the provisions of 
section eighty-eight of chapter fourteen of the Public 
Statutes, and from the sale of grass at the state camp- 
ground, may be expended by the quartermaster-general, 
under the direction of the governor and council, for the 
purchase of other military supplies, and for the care and 
improvement of said grounds. 

For re-imbursement of cities and towns for money paid 
on account of state and military aid to Massachusetts vol- 
unteers and their families, a sum not exceeding four hun- 
dred and fifteen 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 sum not exceed- 
hm seventeen thousand dollars. 



1883. — Chaptee 23. 



355 



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

For travelling and other necessary expenses of the sec- 
retary of the board of agriculture, a sum not exceeding 
five hundred dollars. 

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

For maintaining an agricultural experiment station at 
the Massachusetts agricultural college, in the town of 
Amherst, the sum of five thousand dollars. 

The fees under section twelve of chapter sixty of the 
Public Statutes, are hereby appropriated, to be used in 
accordance with the provisions of said section. 



Expenses of 
board. 



Expenses of 
secretary. 



Incidental 
expenses. 

Experiment 

station. 



Commercial 
fertilizers. 



PRINTING, BINDING, ETC. 

For printing and binding the public series of docu- 
ments, under the direction of the secretary of the Com- 
monwealth, a sum not exceeding thirty-five thousand dol- 
lars. 

For printing the pamphlet edition of the acts and 
resolves of the present year, for distribution in the Com- 
monwealth, 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 gov- 
ernor's message, and other matters, in the usual form, a 
sum not exceeding three thousand dollars. 

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

. For assessors' books and registration blanks, a sum not 
exceeding eighteen hundred dollars. 

For preparation for publication and for the publication 
of the provincial statutes, a sum not exceeding five thou- 
sand and seventy-eight dollars ; and for printing vol- 
ume five province laws, a sum not exceeding three thou- 
sand dollars. 

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

For editing the registration report, a sum not exceeding 
five hundred dollars. 

For the purchase of paper for the Commonwealth, un- 
der the direction of the secretary of the Commonwealth, 
a sum not exceedins: ten thousand dollars. 



Printing and 
binding public 
documents. 



Pamphlet edi- 
tion of acts and 
resolves. 



" Blue Book' 
edition. 



Newspaper 
publication. 



Assessors' 
books and 
blanks. 

Provincial stat- 
utes. 



Registration 
report. 



Paper for the 
Commonwealth. 



356 



1883. — Chapter 24. 



diTxe's of"thi°' For the preparation of tables and indexes relating to 
statutes. the statutes of the present year and subsequent years, 

under the direction of the governor, a sum not exceeding 

three hundred dollars. 



Roads in Mash- 
pee. 



Sheriffs. 



Weights and 
measures. 



State and mili- 
tary aid. 



MISCELLANEOUS. 

For expenses incurred in the construction and repair 
of roads in the town of Mashpee during the year eighteen 
hundred and eighty-two, 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 eight hun- 
dred 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. 

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

Approved February 27, 1883. 



CllCip. 24: An Act making additional appropriations for certain ex- 
penses AUTHORIZED IN THE YEAR EIGHTEEN HUNDRED AND 

eighty-two. 
Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are 
appropriated, to be paid out of the treasury of the Com- 
monwealth, from the ordinary revenue, for the purposes 
specified herein, to wit ; — 

For incidental expenses of the secretary's department, 
seven hundred and sixty-one dollars and fifty-nine 
cents. 

For travelling expenses of the members of the board 
of agriculture, and for lectures, four hundred and seventy- 
nine dollars and three cents. 

For militia transportation, six hundred and seventy- 
five dollars and forty-nine cents. 

For militia bounty, nineteen hundred and sixty-six 
dollars and sixty-seven cents. 

For expenses in connection with building a reservoir 
at the state prison at Concord, four hundred and one 
dollars and thirty cents. 

For payment of salaries at the state industrial school 
for girls, twelve dollars and eighty-four cents ; and for 



Appropriations. 



Secretary's 
expenses. 



Board of agri 
culture. 



Militia trans- 
portation. 

Militia bounty. 



Reservoir at 
state prison. 



Industrial 
school lor girls 



1883. — Chapters 25, 26. 



357 



other expenses at said institution, two hundred and 
twenty-seven dollars and twenty-four cents. 

For current expenses at the state primary school at 
Monson, twelve hundred and eighty-two dollars and sixty 
cents. 

For expenses in connection with building a reservoir 
at the state primary school at Monson, three hundred and 
seventy-three dollars and eight cents. 

For salaries in connection with the preparation for pub- 
lication, and for the pul)lication of the provincial laws, 
thirty-three dollars and thirty-eight cents ; and for print- 
ing volume four of the provincial laws, eighteen hundred 
and sixty-three dollars and seventy-one cents. 

For expenses in connection with the extra repairs and 
improvements, and for furniture at the state house, five statehouse". 
thousand three hundred and twenty dollars and eighty-five 
cents. 

Section' 2. This act shall take eflect upon its passage. 

Approved March 1, 18S3. 



state primary 
school. 



Reservoir at 
MonsoD. 



Provincial laws. 



Repairs and 
furniture at 



An Act providing that the mayor of the city of Springfield (JJiap. 25 

SHALL BE EX OFFICIO A MEMBER AND CHAIRMAN OF THE SCHOOL 
COMMITTEE, 

Be it enacted^ etc., as follows: 

Section 1. The mayor of the city of Springfield shall Mayor to be 
be ex officio a member and chairman of the school com 
mittee of said city. 

Section 2. This act shall take eflect upon its passage 

Approved March 5, 18S3. 



chairman of 
school commit- 
tee. 



An Act relative to the salary of the mayor of the city of (JJiap, 26 

WORCESTER. 

Be it enacted, etc., as follows: 

Section 1. Section twelve of chapter one hundred s^aiaryofthe 

lUtivor* 

and ninety-nine of the acts of the year eighteen hundred 
and sixty-six, relating to the salary of the mayor of the 
city of Worcester, is amended by striking out in the 
twenty-second line the word " fifteen," and inserting in 
place thereof the word "twenty-five." 

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

Approved Marcli 5, 1883. 



358 



1883. — Chapters 27, 28. 



Chap. 27 



Term of office 
of members of 
fire department. 



An Act to provide for establishing the term of office of 
officers and members of the fire department of the city 

OF LYNN. 

Beit enacted^ etc., as follows: 

Section 1. The city of Lynn is authorized to fix and 
establish, by ordinance, the length of the term for which 
the ofiicers and members of its fire department shall hold 
ofiice. 

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

Approved March 5, IS 83. 



Cliap. 28 



Remains of the 
dead may be 
removed. 



Removals under 
supervision of 
selectmen. 

Removals may 
be made by 
friends, etc. 



Place of burial 
by corporation. 



Headstones to 
be reset. 



Headstones fur- 
nished by cor- 
poration. 



Plan of grounds. 



Time to be fixed 
by selectmen 
for removal of 
remains. 



An Act providing for the removal of the remains of the 
dead in the whitinsville burying ground to pine grove 
cemetery. 

Be it enacted, etc., as follows: 

Section 1. The Pine Grove Cemetery Association, a 
corporation organized under the general laws in the year 
eighteen hundred and seventy-eight, is authorized to 
remove the remains of the dead buried in the Whitinsville 
Burying Ground, situated on Kailroad Avenue in the vil- 
lage of Whitinsville in Northbridge, to Pine Grove Ceme- 
tery in said Northbridge under the following conditions : 

1. The removals shall be made under the supervision 
and direction of the selectmen of said Northbridge. 

2. Persons having friends and relatives buried in said 
Whitinsville Burying Ground may, at their own expense, 
provide and prepare suitable lots for burial in said Pine 
Grove Cemetery, and make the necessary removals under 
the above supervision. 

3. Where no such provision is made by such persons, 
said corporation shall select and provide the places of 
burial. 

4. All monuments and headstones shall be carefully 
removed and reset when others are not provided, and the 
utmost pains shall be taken to avoid mistakes. 

5. Plain and uniform headstones shall be furnished by 
the corporation for unmarked graves, suitably inscribed 
as far as the necessary facts are attainable, and marked 
" unknown" if there be no identification. 

6. A plan of the grounds, showing the places of sec- 
ond interment, shall be made and placed in the hands of 
the treasurer of said corporation for future reference. 

7. The selectmen of said Northbridge shall fix the time 
for removing said remains, and said corporation shall give 
notice thereof, by posting notices in three public places 



1883. — Chapters 29, 30, 31. 



359 



ill said jSTortlibridge, thirty days, at least, before the time 
fixed for said removal, and by publishing said notice three 
weeks successively in one weekly and one daily news- 
paper, printed in said county, the last publication to be 
ten days, at least, before the time fixed for said removal ; 
and also by mailing a copy of said notice to the friends or 
next of kin whose residence is known. 

Section 2. This act shall take effect on the first day 
of July, in the year of our Lord eighteen hundred and 
eighty-three. Aj^i^roved 3Iarch 3, 1883. 



To take offect 
July 1, 1883. 



Repeal of P. 8. 
60, § 17. 



An Act relating to the manner of issuing licenses to man- (JJiar>. 29 

UFACTURERS OR IMPORTERS OF COMMERCIAL FERTILIZERS. ^ ' 

Be it enacted, etc., as follows : 

Section seventeen of chapter sixty of the Public Stat- 
utes, relating to the manner of issuing licenses to manu- 
facturers or importers of commercial fertilizers, is repealed. 

Approved March 3, 1883. 

An Act to authorize the purchase of books for a prison (Jhap. 30 

LIBRARY FOR THE HOUSE OF CORRECTION AT CAMBRIDGE. ^ 

Be it enacted, etc., as folloios : 

Section 1. The sherift' of the county of Middlesex is Books for the 

. • Till! J""' ^"" house 

authorized to expend a sum not exceeding three hundred of correction at 
dollars for the purchase of books for a library for the jail ''™ '"^'^' 
and house of correction at Cambridge in said county, and 
the sum so expended shall be allowed and paid from the 
treasury of said county in the same manner as other prison 
expenses are paid. 

Section 2. This act shall take efi*ect upon its passage. 

Approved March 3, 1883. 



An Act relative to fishing in the merrimack river. 
Be it enacted, etc., as follows : 

For the purpose of taking fish called " shiners " for bait, 
any person may draw a net or seine during the months of 
November and December at any point in the Merrimack 
River, except within four hundred yards of any fish way : 
provided, that all other fish so caught are immediately re- 
turned to the waters from which they were taken ; and 
the penalties provided for in sections thirty-six, thirty- 
seven, thirty-eight and thirty-nine of chapter ninety-one 
of the Public Statutes shall not apply to the taking of fish 
as herein provided. Approved March 6, 1883. 



Clicqj. 31 



" Shiners " may 
be taken for bait 
in November 
and December. 



360 



1883.— Chapters 32, 33. 



Chai). 32 



Extra fare paid 
on train not to 
exceed ten 
cents. 



— to be repaid 
at any station, if 
demanded with- 
in ten days. 



Penalty. 



An Act in relation to railroad fares. 
Be it enacted, etc., asfolloivs: 

Section 1. No railroad corporation shall demand or 
receive for any single ticket or passage on any train, by 
reason of such ticket being bought or such fare being paid 
on a train, or elsewhere than at its ticket offices, more 
than ten cents in excess of the tariff rates charg-ed at its 
ticket offices. 

Section 2. When any excess is received as above for 
a fare or passage, the conductor or other person receiving 
it shall give to the passenger a printed certificate author- 
izing him to receive the sum so paid in excess at any sta- 
tion of the corporation, in exchange for said certificate, 
j)rovided such certificate is presented within ten days 
from the time it is accepted by the passenger. 

Section 3. Any corporation violating any provision 
of this act shall be liable to a penalty of not less than ten 
and not more than fifty dollars. 

Ap2Jroved March 8, 1883. 



Chap, 33 



Re-insurance 
not to be eflfect- 
ed in any com- 
pany not au- 
thorized to in- 
sure in this 
state. 



Risks in any 
one town, etc., 
not to exceed 
net assets avail- 
able for pay- 
ment of losses 
in the state. 



Blanks for re- 
turns to be fur- 
nished by insur- 
ance commis- 
sioner. 



An Act relating to re-insurance and the risks and returns 
of insurance companies, and the books of insolvent insur- 
ance companies. 

Be it enacted, etc., as follows: 

Section 1. No foreign or other insurance compan}', 
association, partnership, firm or individual authorized to 
transact the business of insurance in this Commonwealth 
shall, directly or indirectly, contract for or eflect any re- 
insurance of any risk taken by it on property in this 
Commonwealth, with any insurance company, associa- 
tion, partnership, firm or individual not authorized to 
transact the business of insurance in this Commonwealth 
in accordance with the laws thereof. 

Section 2. No company or association transacting 
the business of fire insurance in this Commonwealth shall 
take or have at risk on property other than dwelling 
houses, farm buildings, and the contents of such houses 
and buildings in any one town or fire insurance district of 
a city or town, an amount exceeding its net assets availa- 
ble for the payment of losses in the Commonwealth. 

Section 3. The insurance commissioner of the Com- 
monwealth shall furnish insurance companies or associa- 
tions, annually, in the month of December, the necessary 
blanks required for the returns to be made by them. 



1883. — Chapters 34, 35. 



361 



Section 4. Insurance companies organized under the 
laws of this Commonwealth, having a capital stock of 
three hundred thousand dollars or more, with authority 
to transact both fire and marine insurance in accordance 
with said laws, are hereby authorized to insure against 
the perils of tempests on land, and shall make the same 
returns of business transacted and premiums received as 
are now required from fire insurance companies. 

Section 5. Receivers of insolvent insurance compa- 
nies shall, at the end of one year after final settlement 
ordered by the court, deposit with the insurance commis- 
sioner all books and papers of such insolvent insurance 
companies, including those relating to their receiverships ; 
and said insurance commissioner shall receive and hold 
the same in some proper repository in his department. 

Section 6. All acts and parts of acts inconsistent 
herewith are hereby repealed. 

Section 7. This act shall take effect upon its passage. 

Approved March 8, 1883. 



Insurance 
against perils of 
tempests on 
land, by certain 
companies hav- 
ing capital 
stock of 
$300,000. 



Receivers to 
deposit with 
insurance com- 
missioner, 
books, papers, 
etc., of insol- 
vent compan- 
ies. 



Repeal. 



An Act relative to the salary of the mayor of the city of (JJiap. 34 



Salary of the 
mayor. 



NEW BEDFORD 

Be it enacted., etc., as follows : 

Section 1. The mayor of the city of New Bedford 
shall receive not less then eight hundred dollars nor more 
than two thousand dollars per annum in full for all services ; 
and the amount of his compensation shall not be increased 
nor diminished during the terra for which he shall have 
been elected. The city council shall annually in the 
month of April fix the amount of the salary of the mayor, 
by concurrent vote, for the next municipal year. 

Section 2. This act shall take eflect when accepted by To take effect, if 

. , -, , accepted on or 

the city council of the city of New Bedford, provided the before the last 
same is accepted on or before the last Thursday of April in April, isss. 
the year eighteen hundred and eighty-three. 

Approved March 5, 1883. 



An Act to extend 



THE charter of THE SOMERVILLE 
RAILROAD COMPANY. 



HORSE 



Chap. 35 



Be it enacted., etc., as follows: 

So much of section fifteen of chapter four hundred and fendeTwuhout 
thirty-four of the acts of the year eighteen hundred and limitation of 
fifty-four, and of chapter two hundred and fifty of the 
acts of the year eighteen hundred and fifty-seven, as 



362 



1883. — Chapters 36, 37, 38. 



limits the existence of the Somerville Horse Railroad 
Company to fifty years is repealed. 

Approved March 9, 1883. 



Chap. 36 An Act in 



English spar- 
rows may be 
taken or killed. 



May issue 
bonds, and 
mortgage fran- 
chise and prop 
erty to secure 
payment. 



RELATION TO THE TAKING AND KILLING OP CERTAIN 
UNDOMESTICATED BIRDS. 

Be it enacted, etc., as folloios: 

Section six of chapter ninety-two of the Public Statutes, 
relating to the taking and killing of undoraesticated birds, 
is hereby amended by inserting the words " English spar- 
rows " after the word " blackbirds" both in the third and 
sixth lines thereof, and also by inserting the words " the 
mayor of the city or the selectmen of the town where he 
resides, and from" after the word " from," at the end of 
the eighth line of said section. Approved March 9, 1883. 

Chap. 37 An Act authorizing the cajibridge railroad company to issue 

MORTGAGE BONDS. 

Be it enacted, etc., as folloios : 

Section 1. The Cambridge Railroad Company may, 
by the vote of a majority in interest of its stockholders, at 
a meeting called for the purpose, issue coupon or regis- 
tered bonds to an amount not exceeding one million dollars, 
for a term not exceeding twenty years from the date there- 
of; and to secure payment thereof, with interest thereon, 
the said company may make a mortgage of its road and 
franchise and any part or all of its other property-, and 
may include in such mortgage property thereafter to be 
acquired. Said company may in such mortgage reserve 
to its directors the rio;ht to sell or otherwise in due course 
of business dispose of property included in such mortgage 
which may become worn, damaged or otherwise unsuit- 
able to be used in the operation of its road, provided, that 
an equivalent in value be substituted in lieu thereof. 

Section 2. All bonds so issued shall first be approved 
by some person appointed by the corporation for that pur- 
pose who shall certify upon each bond that it is properly 
issued and recorded. 

Section 3. This act shall takeeflfect upon its passage. 

Approved March 9, 1883. 

An Act to authorize charles c. hine to construct a cause- 
way AND BRIDGE IN TISBURY. 

Be it enacted, etc., as folloios: 

Section 1. License is hereby given to Charles C. 
Hine to construct and maintain a causeway and bridge for 



Mortgaged 
property may 
be sold if equiv- 
alent in value is 
substituted. 



Bonds to be 
approved by 
some person 
appointed by 
corporation. 



Chap. 38 



May construct 
causeway and 
bridge in Tis- 
bury 



1883. — Chapters 39, 40, 41. 



363 



Chap. 39 



May lioUl addi- 
tional real and 
personal estate. 



the purpose of a road between lands owned by himself in 
the town of Tisbury across tide water from a point on 
Little Neck, so called, to the beach that separates the 
waters of Vineyard Haven Harbor and the Lagoon Pond : 
provided, that the existing structure across said tidewater 
be first removed and that all things done under this act 
shall be subject to the determination and approval of the 
board of harbor and land commissioners, and to all pro- 
visions of chapter nineteen of the Public Statutes. 

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

Ajyproved March 9, 1883. 

An Act to autuorize the president and trustees of Wil- 
liams COLLEGE to HOLD ADDITIONAL REAL AND PERSONAL 

ESTATE. 

Be it enacted, etc., as follows: 

Section 1. The proviso in section four of the act es- 
tablishing Williams College, passed on the twenty-second 
day of June in the year seventeen hundred and ninety- 
three, is hereby amended so as to read, ^^ provided never- 
theless that the clear annual income of the same shall not • 
exceed two hundred thousand dollars." 

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

Aj)proved March 9, 1883. 

An Act to authorize the national tube works company to (JllCip. 40 

INCREASE its CAPITAL STOCK. 

Be it enacted, etc., as follotvs : 

Section 1. The National Tube Works Company, a 
corporation established in Boston under the general laws 
of this Commonwealth, is authorized to increase its capi- 
tal stock by an amount which together with the capital 
stock heretofoie authorized shall not exceed in the aggre- 
gate two million five hundred thousand dollars. 

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

Approved March 9, 1883. 

An Act in relation to the assessment of taxes. 
Be it enacted, etc., as follows: 

Section I. Section fifty-two of chapter eleven of the 
Public Statutes is amended so that in the blank books pro- 
vided for under said section, the heading of column num- 
ber one shall read as follows : " Names and residences 
of persons assessed." 

Section 2. Section fifty-three of chapter eleven of the 
Public Statutes is amended so that the second paragraph 



May increase 
capital stock. 



(7%). 41 



Amendment to 
P. S. 11, §■ 52. 



Amendment to 
P. S. U. § 53. 



364 



1883. — Chapters 42, 43, 44. 



Chap. 42 



Contesting can. 
didates may be 
present at re- 
count of ballots. 



of said section shall read as follows: "In Column Num- 
ber One. The names of the inhabitants or persons as- 
sessed for polls or estates, with the street and number of 
their residence." Approved March 14, 1S83. 

An Act relating to the re-counting of ballots. 
Be it eriacfed, etc. , as follows : 

Section 1. In all cases whenever a re-count of ballots 
cast at any election is claimed, the board or committee 
charged WMth the duty of re-counting such ballots shall, 
before proceeding to re-count such ballots, give notice in 
writing to the several contesting candidates interested in 
and liable to be affected by such re-count, of the time 
when and the place where such re-count is to be made, 
and each of such contesting candidates may appear and be 
present during such re-counting either in person or by an 
agent appointed in writing by him in his stead. 

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

Approved March 14, 1883. 



TO change the name of the woman's 

SIONARY SOCIETY. 



BAPTIST MIS- 



Chap. 43 An Act 

Be it enacted, etc., as follows: 
Name changed. Section 1. The Woman's Baptist Missionary Society, 
a corporation esjtablished in Boston under the general laws 
of this Commonwealth the ninth day of November in the 
year eighteen hundred and seventy-four, shall take the 
name of the "Woman's Baptist Foreign Missionary So- 
ciety." 

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

Approved March 14, 1883. 

Chap. 44 An Act to incorporate the trustees of the chapter of the 
^ ' zeta psi fraternity in avilliams college. 

Be it enacted, etc., as follows: 

Section 1. Truman Henry Safford, Charles Kellogg 
Ober, Ira Jewett Geer, their associates and successors, 
are made a corporation under the name of the " Trustees 
of the Chapter of the Zeta Psi Fraternity in AVilliams Col- 
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 
and restrictions set forth in the general laws which now 
are or may hereafter be in force relating to such corpora- 
tions. 



Corporators. 



Name and pur- 
pose. 



1883. — Chapters 45,46. 



365 



Real and per- 
sonal estate. 



Annual meet- 
ing. 



Section 2. The said corporation is hereby authorized May hold meet- 

. , , , . /• ji i- n • ii • i ings in the city 

to hokl meetiiiijs, tor the purposes mentioned in this act, of New York. 
in the city of New York as well as within this Common- 
wealth. 

Section 3. The said corporation may receive, pur- 
chase, hold and convey real and personal property for the 
use of said chapter, provided that the value of the real 
estate so held at any time shall not exceed thirty thousand 
dollars ; and said property shall not be exempt from taxa- 
tion. 

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

Approved March 14, 1883. 

An Act relating to the annual meeting and number of Chcip. 45 

MANAGERS OF THE BOSTON FEMALE ASYLUM. 

Be it enacted, etc., as follows: 

Section three of the act to incorporate the Boston Fe- 
male Asylum, passed on the twenty-sixth day of February 
in the year eighteen hundred and three, is amended so 
that the annual meeting of said society shall be held on 
the last Tuesday in October, and the board of managers 
shall not exceed sixteen in number. 

Approved March 14, 1883. 

An Act relating to the city physician and board of health CllCip. 46 

OF THE CITY OF TAUNTON. 

Be it enacted, etc., as follows : 

Section 1. Section nine of chapter two hundred and city physician. 
eleven of the acts of the year eighteen hundred and eighty- 
two, providing for the election of certain otEcers of the 
city of Taunton, is amended by striking from the twen- 
tieth line of said section the words " and city physician," 
and by inserting in said line the word " and" before the 
word " superintendent." 

Section 2. The appointments to the board of health of Board of 
the city of Taunton shall, in the year eighteen hundred ^®"'^''" 
and eighty-three, be made within thirty days after the pas- 
sage of this act, to take effect from the first Monday of 
February of said year. 

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

Approved 3Iarch 14, 1883. 



366 



1883. — Chapters 47, 48, 49, 50. 



Chap. 4:1 



Extra clerical 
assistance. 



An Act in relation to extra clerical assistance in the 

MUNICIPAL court OF THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. The second paragraph of section fifty-eight 
of chapter one hundred and fifty-four of tlie Public Stat- 
utes, providing for extra clerical assistance in the munici- 
pal court in the city of Boston, is amended by striking 
out the word "sixteen," in the second line thereof, and 
inserting in place thereof the word " nineteen." 

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

Approved March 14, 1883. 

(JllCip. 48 An Act to establish the salary of the third clerk in the 

DEPARTMENT OF THE SECRETARY OF THE COMMONWEALTH. 

Be it enacted, etc., as folloivs : 

Section 1. The annual salary of the third clerk in the 
department of the secretary of the Commonwealth shall 
be thirteen hundred dollars, from the first day of January 
in the year eighteen hundred and eighty-three. 

Section 2. So much of section ten of chapter fifteen of 
the Public Statutes as is inconsistent with this act is 
hereby repealed. Approved March 17, 1883. 



Salary estab 
lished. 



Repeal. 



Chap. 49 



May hold addi- 
tional real and 
and personal 
estate. 



Chap.m 



May insure per- 
sonal property 
against loss by 
fire. 



An Act authorizing the Massachusetts bible society to hold 
additional real and personal estate. 

Be it enacted, etc., as folloivs: 

Section 1. The Massachusetts Bible Society, originally 
incorporated Iiy an act passed the fifteenth day of Febru- 
ary in the year eighteen hundred and ten, is authorized to 
hold real and personal estate to an amount not exceeding 
three hundred thousand dollars. 

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

Ap2)roved March 17, 1883. 

An Act to authorize the mutual fire assurance company of 
springfield to insure personal property against loss or 
damage by fire. 

Beit enacted, etc., as follows: 

Section 1. The Mutual Fire Assurance Company of 
Springfield, incorporated under the provisions of an 
act approved on the fifteenth day of February in the year 
one thousand eight hundred and twenty-seven, is author- 
ized to insure personal property against loss or damage 
by fire, to the same extent and in the same manner as 
they are now authorized by law to insure real estate. 

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

Approved March 17, 1883. 



1883. — Chapters 51, 52. 



367 



Chap. 51 



May take land 
for public insti- 
tutions. 



To file and have 
recorded in the 
registry of 
deeds, within 
thirty d;iys, a 
description of 
the land taken. 



Liability for 
damages. 



An Act to authorize the city of boston to take land for 

PUBLIC institutions. 

Be it enacted^ etc., as follows : 

Section 1. The city of Boston is authorized 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 or on the islands in Boston harbor as it may 
deem necessary for the public institutions of said city and 
the county of Suffolk. 

Section 2. Said city shall, within thirty days from the 
time when it shall take any land under this act, file in the 
office of the register of deeds for the county in which 
such land is situated, and cause to be recorded therein, a 
description of the kind so taken as certain as is required 
in a common conveyance of kind, 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 city of Boston shall be liable to pay all damages that 
shall be sustained by any person by reason of the taking 
of land as aforesaid, and in case the parties cannot agree 
the damages shall be assessed by a jury at the bar of the 
superior court, on petition to be filed in the clerk's office 
of said court, in the county in which said land is situated, 
within two years next succeeding the tiling of the descrip- 
tion before mentioned, and sections twenty-eight and 
twenty-nine of chapter forty-nine of the Public Statutes 
shall apply to the assessment of damages under this act. 

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

Approved March 17, 1883. 

An Act to extend the time within which savings banks and 
institutions for savings may sell certain real estate now 
held by them. 

Be it enacted, etc. , as folloivs : 

Any savings bank or institution for savings incor- Time extended 
porated under the authority of this Commonwealth may [",[',*rea"f8ute. 
sell any real estate now held by it, which has been ac- 
quired l)y the foreclosure of any mortgage owned by it, 
or by 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 
before the first day of July in the year eighteen hundred 
and eighty-four : provided, however, that the commissioners proviso. 
of savings l^anks may, upon the petition of the trustees 
of any savings bank, and for good cause shown, grant an 



CJmp.52 



368 



1883. — Chapters' 53, 54, 55. 



additional time not exceedinsf two years within which such 
real estate shall be sold ; notwithstanding any limit pro- 
vided by the eighth clause of section twenty of chapter 
one hundred and sixteen of the Public Statutes, and sec- 
tion one of chapter two hundred of the acts of eighteen 
hundred and eighty-two. Ap/>roved March 17, 1883. 

Chcip. 53 An Act relating to the salary of the clerk of the police 

COURT OF GLOUCESTER. 

Be it enacted, etc., as follows: 

Section 1. Section sixty-four of chapter one hundred 
and tifty-four of the Public Statutes is amended so that 
the annual salary of the clerk of the police court of Glou- 
cester shall be eight hundred dollars. 

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

Approved March 17,1 883. 

Chap. 54 -^N -'^CT RELATING ' 
^ JUSTICES OF THE 



Salary estab. 
lished. 



Salary estab- 
lished. 



TO THE SALARY OF THE MESSENGER OF THE 
JUSTICES OF THE SUPERIOR COURT IN THE COUNTY OF SUFFOLK. 

Be it enacted, etc., as folloios : 

Section 1. Section sixty-nine of chapter one hundred 
and fifty-nine of the Public Statutes is amended so that the 
messenger of the justices of the superior court in the 
county of Suffolk shall receive an annual salary of fifteen 
hundred dollars. 

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

Approved March 17, 1883. 



Chap. 55 An ACT RELATING 



Legislative man- 
ual to be fur- 
nished to cities 
aud towns. 



TO THE PRINTING AND DISTRIBUTION OF THE. 
LEGISLATIVE MANUAL. 

Be it enacted, etc., as folloios: 

Section 1. Section nine of chapter four of the Public 
Statutes is amended by striking out the words "four 
thousand five hundred," in the third line, and inserting in 
place thereof the words " five thousand ;" section ten of 
the same chapter is also amended by inserting after the 
word "Commonwealth," in the eighth line, the words 
"and one copy to each of the city and town clerks for 
the use of the said city or town." 

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

[_The foregoing was laid before the Governor on the thirteenth 
day of March, 1883, and after Jive days it had the '■''force of a 
laio," as prescribed by the Constitution, as it was not returned by 
him with his objections within that time.~\ 



1883. — Chaptee 56. 369 

An Act to confirm certain agreements and leases made (JJicip. 56 

BETWEEN THE CAMBRIDGE RAILROAD COMPANY, THE UNION 
RAILWAY COMPANY, THE MIDDLESEX RAILROAD COMPANY AND 
THE SOMERVILLE HORSE RAILROAD COMPANY. 

Be it enacted, etc., as follows : 

Section 1. A memorandam of agreement entered into j^fJI^ ""„.-* ''"*^ 
by and between the Cambridge Raih'oad Company and armed. 
the Union Railway Company, dated on the twenty-second 
day of November in the year eighteen hundred and eighty- 
two, and recorded with the Middlesex southern district 
deeds, vohmie si.xteen hundred and sixteen, pages two 
hundred and sixty to two hundred and sixty-six, whereby 
the said Union Railway Company agreed to sell and con- 
vey all its real estate, equipment, leases and franchise to 
the said Cambridge Railroad Company, and the said Cam- 
bridge Raih'oad Company agreed to purchase the same ; an 
indenture of two parts made between the Somerville Horse 
Railroad Company and the Middlesex Railroad Company, 
dated on the twenty-eighth day of December in the year 
eighteen hundred and eighty-two, being a lease to said 
Middlesex Railroad Company by said Somerville Horse 
Railroad Company of certain new railway tracks recently 
constructed in the city of Somerville by said Somerville 
Horse Railroad Company ; an indenture of two parts made 
between the Middlesex Railroad Company and the Cam- 
bridge Railroad Company, dated on the twenty-eighth d'ly 
of December in the year eighteen hundred and eighty- 
two, being a lease of the said railway tracks to the said 
Cambridge Railroad Company by said Middlesex Railroad 
Company ; and a memorandum of agreement made be- 
tween the said Cambridge Railroad Company and said 
Middlesex Railroad Company, dated on the twenty-eighth 
day of December in the year eighteen hundred and eigiity- 
two, whereby the said Cambridge Railroad Company 
agreed to assume all liabilities of and the payment of all 
rents hereafter coming due from said Union Railway Com- 
pany to the said Middlesex Railroad Company, and the 
said Middlesex Railroad Company assented thereto, and 
all acts and proceedings done under and in pursuance of Procoedings 
the same, are hereby ratified, confirmed and made valid. 

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

\^The foregoing was laid before the Governor on the fourteenth 
day of March, 1883, and after five days it had the ^^ force of a . 
law," as prescribed by the Constitution, as it was not returned by 
him ivith his objections within that time.^ 



370 



1883. — Chapters 57, 58. 



Chap. 57 



Salary estab- 
lished. 



Repeal. 



An Act to establish the salary of the clerk of the first 
district court of plymouth. 

Be it enacted, etc., as follows: 

Section 1. The clerk of the first district cour# of 
Plymouth shall receive an annual salary of six hundred 
dollars. 

Section 2. So much of section sixty-four of chapter 
one hundred and fifty-four of the Public Statutes as is in- 
consistent with this act is repealed. 

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

\_The foregoing ivas laid before the Governor on the fourteenth 
day of March, 1883, and after five days it had the '■'' force of a 
law," as prescribed by the Constitution, as it teas not returned by 
him with his objections within that time.'] 



Railroad com- 
panies author 
jzed to unite. 



Chctp. 58 -^^ ^^"^ '^^ authorize the union of the eastern junction, 

■'■ ' BROAD SOUND PIER AND POINT SHIRLEY RAILROAD COMPANY, 

THE BOSTON, WINTHROP AND POINT SHIRLEY RAILROAD COMPANY 
AND THE BOSTON AND WINTHROP RAILROAD COMPANY. 

Be it enacted, etc., as follows : 

Section 1. The Eastern Junction, Broad Sound Pier 
and Point Shirley Railroad Company is authorized to unite 
with the Boston, Winthrop and Point Shirley Railroad 
Company and the Boston and Winthrop Railroad Com- 
pany, on such terms and conditions and with such guaran- 
tees as may be mutually agreed upon by said corporations, 
at meetings of the stockholders thereof duly called for 
that purpose : provided, however, that the assent to such 
union shall be given by a two-thirds interest of the holders 
of the stock of said corporations. The name of the united 
corporation thus authorized shall be the Boston, Winthrop 
and Shore Railroad Company, and said corporation shall 
have and enjoy all the franchises, powers, privileges, prop- 
erty and rights of every kind belonging to the Eastern 
Junction, Broad Sound Pier and Point Shirley Railroad 
Company, now so called, and to the Boston, Winthrop and 
Point Shirley Railroad Company, now so called, and to the 
Boston and Winthrop Railroad Company, now so called, 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 re- 
lating to railroad corporations. 

Section 2. The capital stock of the Boston, Win- 
throp and Shore Railroad Company, after such union, 
shall not exceed the amount of the authorized capital stock 



Name of united 
corporation. 



Capital stock. 



1883. — Chapter 58. 



371 



of said three corporations at the date of such union ; but 
it may, after such union, increase its capital stock to two 
hundred and seventy-live thousand 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 for and 
improvements of its road, and the establishment of a ferry 
between the city of Boston and the town of Winthrop, as 
hereinafter provided, and the purchase of such property 
as may be necessary for the use of said corporation. Said 
Boston, Winthrop and Shore Railroad Company, after 
such union, may issue bonds in an amount not exceeding 
its capital stock, and mortgage its property to secure the 
same, the proceeds thereof to be applied to the pa3'ment 
and extinguishment of its debt, and to providing addi- 
tional equipment and such other property, with improve- 
ments thereon as may be needed by said corporation. 

Section 3. The said Boston, Winthrop and Shore 
Railroad Company, after such union, may change the gauge 
of such portions of its tracks as are now three feet gauge, 
to the standard gauge of four feet eight and one-half 
inches; or, to better accommodate public travel, it may 
lay a third rail upon its road to permit the running of en- 
gines and cars of both said gauges. Said corporation ma}'^ 
establish and maintain a ferry between the city of Boston 
and the town of Winthrop for the carriage of passengers 
and freight, and may charge and receive tolls therefor, 
and may lease or purchase such real estate on Atlantic 
Avenue, in the city ot Boston, and may lease, purchase, 
or take such real estate in the town of Winthrop as may 
be needed by said company to provide it with sufficient 
terminal facilities ; and said company may erect thereon 
such wharves, depots and other structures as may be re- 
quired by said company for its convenience and use, sub- 
ject, however, to the approval of the board of harbor and 
land commissioners, and to all the provisions of chapter 
nineteen of the Public Statutes : provided, that said cor- 
poration shall not establish any ferry landing on Atlantic 
Avenue, in said city, without first ol)taining the approval 
of the board of aldermen of said city thereto ; provided, 
also, that this act shall not give said corporation an}'^ addi- 
tional rights to take lands for terminal uses at Point 
Shirley, so called. 



May issue 
bonds, and 
mortgage its 
property to se. 
cure payment. 



May change 
gauge of tracks. 



May establish a 
ferry between 
Boston and 
Winthrop. 



May erect 
wharves, depots 
etc., with ap- 
proval of har- 
bor and land 
commissioners. 



Provisos. 



372 



1883. — Chapter 59. 



Union to be 
made within 
two years. 



To be located 
and constructed 
within three 
years after 
union. 



Certified copies 
of votes to 
unite, to be 
filed in secre- 
tary's office and 
with railroad 
commissioners. 



Chap. 59 



Boston and 
Lowell Railroad 
Corporation 
raay issue bonds 
to amount of 
$250,00U, for 
purchase of the 
Middlesex Cen- 
tral Kailroad. 



Section 4. The said Eastern Junction, Broad Sound 
Pier and Point Shirley llailroad Compan}^ Boston, Win- 
throp and Point Shirley Railroad Company' and Boston 
and Winthrop Railroad Company are hereby granted two 
3^ears from and after the passage of this act to unite as 
herein provided, and after such union three years from the 
date thereof are hereby granted, within Avhich the said 
Boston, Winthrop and Shore Railroad Company may 
locate and construct the extensions of its road and estab- 
lish the said ferry, except that the extension to deep 
water at Point Shirley shall be located and constructed 
within the time now allowed by law to the Eastern 
Junction, Broad Sound Pier and Point Shirley Railroad 
Company to construct its present line. 

Section 5. 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 tiled in the office of the secre- 
tary of the Commonwealth, and also with the board of 
railroad commissioners. 

Section 6. This act shall take effect upon its passage. 

[^The foregoivg tvas laid before the Governor on the fourteenth 
day of March, 1883, and after Jive days it had the '•'■force of a 
law" as j^rescribed by the Constitution, as it was not returned by 
him with his objections loithin that time.~\ 

An Act to authokize the boston and lowell railroad cor- 
poration TO purchase the franchise and pkopeuty of the 

MIDDLESEX CENTRAL RAILROAD COMPANY. 

Beit enacted, etc., as follows: 

Section 1. The Boston and Lowell Railroad Cor- 
poration, incorporated by an act approved June fifth, 
eighteen hundred and thirty, is hereby authorized to issue 
bonds to the amount of two hundred and fifty thousand 
dollars, payable in not more than twenty years from their 
date and bearing interest at a rate not exceeding five per 
cent, per annum, for the purpose of providing the means 
to purchase the rights, franchise and property of the Mid- 
dlesex Central Railroad Company, incorporated by an act 
approved April tenth eighteen hundred and seventy-one, 
in accordance with a lease dated August first eighteen 
hundred seventy-three executed by said corporations ; 
said bonds shall be signed by the president and treasurer 
and recorded by the treasurer, and shall be approved by 
some person appointed by the board of directors, who 



1883. — Chapters 60, (j'l, 62. 



373 



shall certify that they are properly issued autl recorded ; 
and the said Middlesex Central Eailroad Company is 
hereby anthorized and empowered to. convey the said 
rights, property, franchises and all the powers, privileges 
and easements granted to it, to the Boston and Lowell 
Railroad Corporation ; and the Boston and Lowell Rail- 
road Corporation shall upon such conveyance have and 
enjoy all the rights, powers, privileges, easements, fran- 
chises and property, and be subject to all duties, lial)ilities, 
obligations and restrictions to which said Middlesex Cen- 
tral Railroad Company may be subject. 

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

Apjv'oved March 21, 1883. 

An Act to authorize the Massachusetts hospital life in- CIlClp. 60 

SUKANCE COBIPANY TO HOLD ADDITIONAL REAL ESTATE. 

Be it enacted, etc., as follows: 

Section 1. The Massachusetts Hospital Life Insurance May hoia addi- 
Company, incorporated by an act passed on the twenty- esTate.'^'^^ 
fourth day of February in the year eighteen hundred and 
eighteen, is authorized to purchase and hokl real estate in 
the city of Boston, to an amount not exceeding tifteen 
hundred thousand dollars. 

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

Approved 3farch 21, 1883. 

An Act relative to the fees of witnesses and officers at ChciJ)- 61 

INQUESTS. 

Be it enacted, etc., as follows : 

Section 1. Section twenty- five of chapter twenty-six 
of the Public Statutes is amended by inserting after the 
word " dollars," in the seventh line thereof, the words " and 
the fees of witnesses and officers for attendance, travel 
and services at such inquests shall be the same as in crimi- 
nal prosecutions before such trial justices." 

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

Approved March 21, 1883. 



Fees of wit- 
nesses and 
officers at in- 
quests. 



An Act concerning costs under the trustee process. 
Be it enacted, etc., as follows: 

Section 1. If, during the pendency of a trustee proc- 
ess the trustee is sued by the defendant in such process 
or by any other person to recover the goods, effects or 
credits or any part thereof in the hands and possession of 
said trustee, the court in which said subsequent suit is 



Chap, 62 



Cents under the 
trustee process. 



374 



1883.— Chapters 63, 64. 



Time of holding 
meetings. 



Repeal. 



Time for loca- 
tion extended. 



brought may make such order in reference to costs there- 
in as justice may require. 

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

Approved 2Iarch 21, 1883. 

Chap. 63 An Act to change the time of holding meetings of the county 

COMMISSIONERS IN THE COUNTY OF BERKSHIRE. 

Be it enacted, etc., as follows : 

Sectiox 1. The county commissioners of the county 
of Berkshire shall hold meetings on the first Tuesdays of 
January, April, July and October. 

Section 2. So much of section fifteen of chapter 
twenty-two of the Public Statutes as is inconsistent here- 
with is herel)y repealed. 

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

Approved March 21, 1883. 

CllClT). 64 An Act in relation to the Massachusetts central railroad 
^ * company. 

He it enacted, etc., as follows: 

Section 1. The time within which the Massachusetts 
Central Railroad Company may locate and construct its 
railroad is hereby extended to the first day of May in the 
year eighteen hundred and eighty-six ; and all acts and parts 
of acts conferring franchises, rights, powers and immunities 
upon said company are hereby revived and continued in 
force. 

Section 2. The said company may, by vote of a 
majority in interest of its stockholders, at a meeting duly 
called for the purpose, issue to each holder of its- mort- 
gage debt preferred stock to an amount equal to the prin- 
cipal of the debt, and of all unpaid interest thereon, 
including the interest becoming due on the first day of 
July in the year eighteen hundred and eighty-three. The 
issue of said preferred stock in exchange for said debt and 
interest shall operate as full payment thereof; and the 
preferred stock so issued shall be treated as fully paid up 
stock to all intents and purposes ; shall be entitled to 
dividends not exceeding eight per cent, each year, payable 
semi-annually, in preference and priority to the common 
stock; and, until two semi-annual dividends have been so 
paid in one year, the holders of such preferred stock shall 
have the exclusive right to elect the directors of said 
company, and to vote at corporate meetings, and shall 
have the entire control and management of said company. 



May issue pre- 
fcrred stock by 
vote of BtOCli- 

holders. 



1883. — Chapter 64. 



375 



Such preferred stock shall he divided into shares of one 
hundred dollars each, and for any amount of mortgaf^e debt 
less than one hundred dollars, said comp;iny shall issue 
scrip certiiicates convertible into preferred stock, upon 
presentation of the same in sums of one hundred dollars. 
It is, however, expressly provided that no preferred stock 
shall be issued under the authority of this section, uidess 
within thirty days from the passage of this act all the 
holders of said mortgage debt shall elect to exchang-e the 
same for preferred stock, as herein provided, and shall 
present the bonds, coupons, and other evidences of said 
mortgage debt to the company, to be stamped or marked 
accordingly. 

Section 3. In the event that section two of this act 
shall fail to take effect, Samuel N. Aldrich, Thomas H. 
Perkins and Henry Woods, or any two of them, for and 
on behalf of the holders of said mortgage debt, whenever 
the trustees under said mortgao;e shall sell the mortijaoje 
property as therein provided, may purchase the same on 
behalf of the holders of said mortgage debt, and thereupon 
shall take a conveyance of said property from said trus- 
tees, and shall hold the same in trust for and on account 
of said holders, but absolutely in fee, and free from every 
right and equity of redemption of the mortgagor. Imme- 
diately after such sale and purchase on behalf of the holders 
of said mortgage debt, said Aldrich, Perkins and Woods, 
or any two of them, shall, l)y notices published three times 
a week, for three successive weeks, in one or more news- 
papers published in the city of Boston, call a meeting of 
the holders of said mortgage debt, to be held at said Boston, 
which notices shall state the time, place and object of said 
meeting. At said meeting, which shall be presided over 
by said Aldrich, Perkins and Woods, or any one of them, 
the holders of said mortgage debt, or such of them as 
may be present at said meeting, shall organize a corpo- 
ration, under a corporate name, to be called the Central 
Massachusetts Railroad Company, and with a capital stock 
equal to the aggregate of said mortgage debt, the unpaid 
interest thereon, the interest becoming due on the tirst 
day of July in the year eighteen hundred and eighty-three, 
and the existing capital stock of said Massachusetts Cen- 
tral Railroad Company ; shall make proper by-laws for 
the government of said new corporation, and shall elect 
thirteen directors, who shall serve until their successors 



Shares of one 
hundred dol- 
lars each. 



Proviso. 



Property may 
be purchased 
by holders of 
mortgage debt 



New corpora- 
tion may be or- 
ganized uuder 
the name of tlie 
Central Massa- 
chusetts Rail- 
road Company. 



Thirteen direc- 
tors to be 
chosen. 



376 



1883. — Chapter 64. 



Prpferrpd slock 
to be issued. 



Dividends. 



Scrip certifi- 
cates to be is- 
sued for 
amounts of 
debt less tban 
one luindred 
dollars. 



Capital stock. 



Powers and 
duties. 



shall be chosen, pursuant to such by-laws. At said meet- 
ing each holder of said mortgage debt shall be entitled to 
one vote, either in person or by proxy, for each one 
hundred dollars of the principal of said mortgage debt 
held by him, and for each one hundred dollars of overdue 
and unpaid interest thereon, interest becoming due on 
the first day of July in the year eighteen hundred and 
eighty-three to be reckoned as overdue. The directors 
so elected shall, as soon as practicable after the organi- 
zation of said new corporation, issue preferred stock and 
common stock of said corporation, to be divided into 
shares of one hundred dollars each, to the amounts and 
in the manner following : To each holder of said mortgage 
debt there shall be issued in payment thereof, preferred 
stock, at par, to the amount of the principal of said debt 
held by him, and of the overdue and unpaid interest there- 
on, interest becoming due on the first day of July in the 
year eighteen hundred and eighty-three to be reckoned as 
overdue. Said preferred stock shall be entitled to divi- 
dends not exceeding eight per cent, in each year, payable 
semi-annually, in preference and priority to the common 
stock ; and until two semi-annual dividends have been so 
paid in any one year, shall have the exclusive right to 
elect the directors of said new corporation, and to vote at 
corporate meetings, and shall have the entire control and 
management of said corporation. 

For amounts of said mortgage debt less than one hun- 
dred dollars, scrip certificates shall be issued, convertible 
into said preferred stock upon presentation of the same 
in sums of one hundred dollars. To each holder of the 
common stock of said Massachusetts Central Eailroad 
Company, there shall be issued upon the surrender there- 
of, common stock of the said new corporation to an equal 
amount, share for share, provided that the same be so sur- 
rendered within three months from the date of said meeting. 
The aggregate of the capital stock so issued, shall consti- 
tute the capital stock of said new corporation, and shall be 
treated as fully paid up stock to all intents and purposes. 

Section 4. The corporation organized under the pro- 
visions of the preceding section shall have all the rights, 
franchises, powers and privileges at any time granted to 
or vested in, and shall be subject to all the debts, duties, 
liabilities, including claims for land damages, and restric- 
tions imposed upon said Massachusetts Central Railroad 



1883. — Chapter 6L 



377 



Company. Said Aldrich, Perkins and Woods, or any 
two of them, shall convey to the said new corporation all 
the property purchased l)y them" from the trustees under 
the mortgage, first indemnifying themselves and paying 
said trustees therefrom for all services, expenses and 
liabilities rendered or incurred by either themselves or . 
said trustees in connection with the said corporations and 
mortgaged property. Immediately upon the completion 
of the organization of the said new corporation it shall 
file in the office of the secretary of the Commonwealth a 
copy of its proceedings in making such organization, 
attested by its president and clerk, and under its cor- 
porate seal ; and such certificate, or a certified copy there- 
of, shall be conclusive evidence of the establishment of 
said corporation. 

Section 5. The Massachusetts Central Railroad Com- 
pany, or, if a new corporation shall be organized under 
the third section of this act, then said Central Massachu- 
setts Railroad Company is hereby authorized to locate, 
construct, operate and maintain an extension of its rail- 
road, with one or more tracks, from a point in the town 
of Palmer, through said town and the towns of Wilbraham, 
Chicopee, West Springfield, Agawam, Westfield, South- 
wick, Russell, Granville, Blandford, Tolland, Sandisfield, 
Otis, Monterey, Great Barrington and Egremont, and 
the city of Plolyoke, or any of them, to a point in the 
boundary line between this Commonwealth and the state 
of New York, or to any intermediate point on said route, 
and such extension shall be located and constructed in 
conformity to the provisions of chapter one hundred and 
twelve of the Public Statutes : provided, that no portion 
of said extension shall be opened for business until said 
railroad as already located shall be completed and in 
operation to Northampton. 

Section 6. For the purpose of completing and equip- 
ping said railroad as already located, and of locating, con- 
structing and equipping the extension thereof herein 
authorized, and in lieu of any further issue of capital 
stock, or an}' subscriptions to the same, said Massachu- 
setts Central Railroad Company, or said new corporation, 
may issue bonds, to run for a period not exceeding twenty 
years, and secured by mortgage of its franchise and prop- 
erty, or any part thereof. Such bonds shall be issued in 
conformity with the provisions of chapter one hundied 



Property to be 
conviyeilto new 
corpuration. 



Certificate to be 
filed ill Becre- 
tary"e office upon 
completion of 
orgiuiizalion. 



May construct 
road from the 
town of Palmer 
to the line of 
the state of 
New York. 



May issue 
bonds. 



378 



1883. — Chapter 64. 



May unite, and 
make leases 
and contracts 
•with other 
railroads. 



Power and lia- 
bility of new 
corporation. 



Capital stock 
not to exceed 
existing capital 
and funded 
debt. 



and twelve of the Public Statutes, but shall not exceed in 
amount twenty-tive thousand dollars per mile for each 
mile of road already located or hereby authorized to be 
located ; provided, however, that not more than two mil- 
lion dollars in amount thereof shall be issued for the pur- 
pose of completing and equipping said railroad as already 
located ; and that for the purpose of locating, constructing 
and equipping said railroad, or any part thereof as the 
same may be extended under the authority herein given, 
such an amount of said bonds shall be issued as shall be 
approved by the board of railroad commissioners. 

Section 7. The Massachusetts Central Eailroad Com- 
pany, or if a new corporation shall be organized under 
the third section of this act, then said Central Massachu- 
setts Railroad Company, is hereby authorized to make, 
with the Poughkeepsie, Hartford and Boston Railroad 
Company, a corporation existing under the laws of the 
state of New York, and its successors, or with any other 
railroad corporation, whether within or without this Com- 
monwealth, whose railroad now, or shall hereafter, con- 
nect with the Massachusetts Central Railroad as already 
located, or the Central Massachusetts Railroad, or with 
either of said railroads, as it may be extended under the 
authority herein given, such leases or operating contracts, 
or such consolidations and corporate unions as the direc- 
tors of each corporation concerned may agree to, and as 
may be approved by a majority in interest of the stock- 
holders of each, at a meeting or meetings called for the 
purpose. In the event of a consolidation being formed 
under the authority of this section, the new corporation 
thereby created shall have, hold and possess all the pow- 
ers, privileges, rights, franchises, property, claims and 
demands which, at the time of their union may be held by 
both or all of the corporations so uniting ; and shall be sub- 
ject to all the duties, restrictions and liabilities to which, 
at the time of such union, either of the corporations so 
imiting is subject, and shall be subject to all the general 
laws which now are or hereafter may be in force relative 
to railroad corporations. The capital of said new corpo- 
ration shall not exceed in amount the existing capital stock 
and funded debt of the uniting corporations ; and of such 
capital stock there shall be preferred stock not to exceed 
the amount of such funded debt ; and said new corpora- 
tion, if otherwise duly authorized, shall have the same 



1883. — Chapters 65, 66. 



379 



power to issue bonds, and secure them by mortgage of its 
property, as if chartered solely under the laws of this 
Commonwealth. 

Section 8. This act shall take effect upon its passage. 

Ajjproved March 23, 18S3. 



An Act relating to the tenure of office of railroad and (JJicip. 65 

STEAMBOAT POLICE. 

Be it enacted, etc., as follows: 

Section fifteen of chanter one hundred and three of the Railroad and 

-r-k 1 • 1 /< /Y> /• •! 1 Steamboat po- 

Public Statutes, relatmg to the tenure ot oince ot railroad iicetohoid 
and steamboat police, is hereby amended by striking out apiwintment is 
the first clause ending with the word " appoint'Cfl," and '■*^^o^«''- 
inserting in place thereof the following words: "Such 
police officers shall be sworn before any justice of the 
peace and shall hold their offices until their appointment 
is revoked by the mayor and aldermen of the city, or by 
the selectmen of the town, where they are appointed." 

Apj^roved March 23, 1883. 



Name and pur- 
pose. 



An Act to incorporate the ashwood cemetery association in (Jhap. 66 

THE TOAVN of WEYMOUTH. 

Be it enacted, etc., asfolloivs: 

Section 1. E. Atherton Hnnt, Charles P. Hunt, corporators. 
Nathaniel F. T. Hunt, Richard A. Hunt, Granville E. 
Field, Edmund S. Hunt, EHas Richards and William H. 
Chipman, their associates and successors, are made a cor- 
poration by the name of the Ashw^ood Cemetery Associa- 
tion, for the purpose of managing, improving and con- 
trolling the orrounds situated in one enclosure on Broad 
and Front streets in the town of Weymouth, set apart by 
the Union Religious Society in the towns of Weymouh 
and Braintree for the burial of the dead. 

Section 2. The said corporation may acquire and hold 
real and personal estate to an amount not exceeding ten 
thousand dollars, and shall have all the rights and privi- 
leges and be subject to all the duties, restrictions and 
liabilities contained in general laws which now are or 
hereafter may be in force relating to similar corporations, 
except as herein otherwise proviclcd. 

Section 3. The said Union Religious Society is au- Grounds on 
thorized to transfer and convey said grounds on Broad and Froilt sTrcets 
Front streets to the said Ashwood Cemetery Corporation ^eywuo^cem. 



Real and per 
soual estate. 



380 1883. — Chapters 67, 68. 

i^'Jj'y '^"'■P'""'*" when organized, provided that a majority of the members 
of said society shall vote so to do, after being duly noti- 
fied of the time and place of the meeting called for such 
intended action. 

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

Approved March 23, 1883. 



Cluq-). 67 



An Act to revive an act to incorporatk the great north- 
ern RAILROAD COMPANY AND TO EXTEND THE TIME WITHIN 
WHICH THE CORPORATIONS THEREIN NAMED MAY AVAIL THEM- 
SELVES OF THE RIGHTS THEREIN GRANTED. 

Be it enacted, etc., as follows : 

Oharter revived. Sectiox 1. Chapter four hundred and fifty-nine of the 
acts of eighteen hundred and sixty-nine, approved June 
twenty-three, eighteen hundred and sixty-nine, is hereby 
revived, and the time within which the corporations therein 
named may avail themselves of the rights and privileges 
therein granted is extended six years from the jjassage of 
this act. 

Time extended SECTION 2. The corporatious therein named shall havG 

for execution of ,,.,,, .. .'■... c 4.U £ 

leases. the right at any time within six years from the passage oi 

this act to execute such leases of their franchises and prop- 
erty to any other railroad corporation as may be approved 
by the stockholders of the contracting corporations at 
meetings duly called for that purpose ; such contracting 
corporations, so far as chartered by this Commonwealth, 
complying with all its general laws. 

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

Approved March 24, 1883. 
Chap. 68 An Act to change the name of the broadway orthodox 

CONGREGATIONAL SOCIETY OF SOMERVILLE. 

Be it enacted, etc. , as follows : 
Name changed. Section 1. The name of the Broadway Orthodox Con- 
gregational Society of Somerville, a religious society organ- 
ized under the general laws on the twenty-third day of 
June in the year eighteen hundred and sixty-nine, is 
changed to the " Winter Hill Congregational Society." 
Section 2. This act shall take effect upon its passage. 

Approved March 24, 1883. 



1883. — Chapters 69, 70, 71. 



381 



An Act to repeal " an act to empower the inhabitants of CllCip. 69 

THE town of PLYMOUTH TO CHOOSE A BOARD OF HEALTH, AND 
FOR REMOVING AND PREVENTING NUISANCES IN SAID TOWN." 

Be it enacted^ etCf asfoUoivs: 

Section 1. The act entitled " An Act to empower the Repeal, 
inhabitants of the town of Plymouth to choose a Board of 
Health, and for removing and preventing nuisances in said 
town," approved February twenty-seventh in the year 
eighteen hundred and ten, is repealed. 

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

Approved March 24, 1883. 



An Act to change the name of the beverly insurance com- (Jhcip. 70 

PANY IN BEVERLY TO THE MERCHANTS INSURANCE COMPANY OF 
BOSTON, AND TO AUTHORIZE SAID CORPORATION TO INCREASE 
ITS CAPITAL STOCK. 

Be it enacted, etc., as follows : 

Section 1. The Beverly Insurance Company, in Bev- Name changed. 
erly, shall hereafter be called the " Merchants Insurance 
Company, of Boston." 

Section 2. Said corporation shall hold meetings, 
elect officers, and transact all other business in Boston, in 
the same manner and with the same effect as though the 
original location of said corporation had been in Boston. 

Section 3. Said corporation under the name of the 
Merchants Insurance Company is hereby authorized to 
increase its capital stock to an amount not exceeding five 
hundred thousand dollars. 

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

Approved March 24, 1883. 



May transact 
business, etc., 
in Boston. 



Capital stock 
increased. 



An Act to establish the polls and estates of the several (JJian. 71 

CITIES and towns IN THE COMMONWEALTH. ^ 

Be it enacted, etc., as follotvs : 

Section 1. The number of polls, the amount of prop- Basis of appor- 
erty, and the tax of one thousand dollars, including polls stateTnd county 
at one-tenth of a mill each, for each city and town in the '^^''*' 
several counties of the Commonwealth, as contained in 
the schedule hereto annexed, are hereby established, and 
shall constitute a basis of apportionment for state and 
county taxes during the decade ending in the year eigh- 
teen hundred ninety-two, or until another is made and 
enacted by the legislature, to wit : — 



382 



1883. — Chapter 71. 



Polls, Propekty, and Apportionment of State and County 
Tax of $1,000. 



Barnstable 

County. 



BARNSTABLE COUNTY. 









Tax of $1,000, 








includg Polls 


TOWNS. 


Polls. 


Property. 


at one-tenth 
of a mill each. 


Barnstable, . . . . 


1,137 


$3,288,203 00 


$1 85 


Brewster, 






245 


1,190,365 00 


65 


Chatham, 






610 


732,995 00 


45 


Dennis, . 






782 


1,398,053 00 


81 


Eastham, 






190 


224,039 00 


14 


Falmouth, 






672 


3,754,805 00 


2 04 


Harwich, 






809 


1,006,212 00 


61 


Mashpee, 






72 


106,138 00 


06 


Orleans, . 






351 


577,729 00 


34 


Provincetown, 






1,262 


1,953,198 00 


1 15 


Sandwich, 






810 


1,854,336 CO 


1 06 


Truro, . 






260 


259,110 00 


16 


Wellfleet, 






511 


924,340 00 


54 


Yarmouth, 






525 


1,593,025 00 


89 


Total, 




• 


8,266 


$18,862,548 00 


$10 75 



Berkshire 
County. 



BERKSHIRE COUNTY. 



Adams, 


1,683 


$3,077,789 00 


$1 78 


Alford, . 




113 


267,610 00 


15 


Becket, . 




292 


384,043 00 


23 


Cheshire, 




342 


784,689 00 


45 


Clarksburg, . 




180 


198,793 00 


12 


Dalton, . 




462 


1,643,099 00 


91 


Egremont, 




246 


421,390 00 


25 


Florida, . 




123 


153,211 00 


09 


Great Harrington , . 




1,113 


2,872,974 00 


1 62 


Hancock, 




176 


422,569 00 


24 


Hinsdale, 




436 


766,393 00 


45 


Lanesborough, 




348 


582,845 00 


34 


Lee, 




1,001 


1,991,869 00 


1 15 


Lenox, . 




460 


1,448,552 00 


81 


Monterey, 




158 


254,506 00 


16 


Mount Washington, 




40 


69,789 00 


04 


New Ashlbrd, 




49 


86,335 00 


05 


New Marlborough, 




446 


669,903 00 


40 


North Adams, 




3,049 


4,768,560 00 


2 82 


Otis, 




199 


219,712 00 


14 


Peru, 




124 


123,865 00 


08 


Pittsfield, 




3,370 


8,605,789 00 


4 87 


Richmond, 




280 


462,852 00 


27 



1883. — Chapter 71. 



383 



BERKSHIRE COUNTY — Concluded. 



Berkshire 
County. 









Tax of $1,000, 








includ'g Polls 


TOWNS. 


Polls. 


Property. 


at one-tenth 
of a mill each. 


Sandisfield 


245 


$382,228 00 


$0 23 


Savoy, 






165 


199,301 00 


12 


Sheffield, 






541 


1,003,998 00 


58 


Stockbridge, . 






551 


2,809,505 00 


1 53 


Tyringham, . 






133 


246,933 00 


14 


Washington, . 






117 


201,024 00 


12 


West Stockbridge, 






476 


771,118 00 


45 


William stown, 






751 


1,647,084 00 


94 


Windsor, 






160 


208,278 00 


13 


Total, 






17,729 


$37,746,496 00 


$21 65 



BRISTOL COUNTY. 



Bristol County. 



Acushnet, . . . . 


268 


$673,223 00 


$0 38 


Attleborough, 






3,446 


6,253,300 00 


3 11 


Berkley, . 






273 


434,241 00 


26 


Dartmouth, 








758 


2,259,338 00 


1 27 


Dighton, 








417 


793,845 00 


46 


Easton, . 








1,068 


4,080,595 00 


2 26 


Fairhaven, 








741 


1,628,772 00 


93 


Fall River, 








12,881 


43,171,771 00 


24 02 


Freetown, 








357 


880,073 00 


60 


Mansfield, 








717 


1,167,203 00 


69 


New Bedford, 








7,340 


31,241,697 00 


17 18 


Norton, . 








436 


850,434 00 


49 


Raynham, 








393 


1,023,915 00 


68 


Rehoboth, 








479 


750,925 00 


44 


Seekonk, 








300 


696,867 00 


40 


Somerset, 








687 


1,206,200 00 


69 


Swanzey, 








343 


808,140 00 


46 


Taunton, 








5,833 


16,920,007 00 


9 49 


Westport, 








654 


1,420,499 00 


81 


Total, 








37,291 


$115,261,045 00 


$64 42 



DUKES COUNTY. 



Chilraark, .... 


154 


$247,045 00 


$0 15 


Cottage City, .... 


172 


1,206,900 00 


65 


Edgartown, .... 


383 


862,901 00 


49 


Gay Head, .... 


37 


13,153 00 


01 


Gosnold, 


25 


206,884 00 


11 


Tisbury, 


405 


705,900 00 


41 


Total, .... 


1,176 


$3,242,783 00 


$1 82 



Dukes County. 



384 



1883. — Chapter 71. 



Essex County. 






ESSEX COUNTY. 










Tax of $1,000, 








includ'g Polls 


TOWNS. 


Polls. 


Property. 


at one-tenth 
of a mill each. 


Amesbury, .... 


1,111 


$1,569,835 00 


eo 94 


Andover, 








999 


5,053,079 00 


2 76 


Beverly, . 








2,159 


10,170,780 00 


5 57 


Boxford, . 








225 


655,285 00 


37 


Bradford, 








719 


1,338,230 00 


78 


Danvers, 








1,611 


3,761,596 00 


2 14 


Essex, 








461 


963,121 00 


55 


Georgetown, 








663 


1,018,494 00 


60 


Gloucester, 








3,681 


9,897,446 00 


5 58 


Groveland, 








527 


880,771 00 


52 


Hamilton, 








230 


662,433 00 


37 


Haverhill, 








5,089 


11,918,280 00 


6 78 


Ipswich, 








884 


2,097,482 00 


1 19 


Lawrence, 








10,115 


26,670,644 00 


15 05 


Lynn, 








11,465 


25,056,583 00 


14 34 


Lynnfield, 








195 


564,496 00 


32 


Manchester, 








434 


3,827,635 00 


2 06 


Marblehead, 








2,083 


3,964,927 00 


2 30 


Merrimac, 








702 


1,169,368 00 


69 


Methuen, 








1,141 


2,777,610 00 


1 68 


Middleton, 








251 


527,771 00 


30 


N ah ant, . 








165 


6,524,446 00 


3 45 


Newbury, 








353 


1,059,405 00 


59 


Newburyport, 








3,343 


8,321,954 00 


4 72 


North Andove 


', 






932 


2,620,179 00 


1 47 


Peabody, 








2,317 


7,188,290 00 


4 02 


Rockport, 








982 


2,077,044 00 


1 19 


Rowley, . 








352 


545,095 00 


32 


Salem, . 








7,076 


27,765,824 00 


15 33 


Salisbury, 








1,125 


2,227,043 00 


1 29 


Saugus, , 








627 


1,368,602 00 


78 


Swampscott, 








612 


3,955,202 00 


2 14 


Topsfield, 








313 


766,875 00 


44 


Wenham, 








260 


540,277 00 


31 


West Newbury, 






544 


1,159,471 00 


66 


Total 


63,746 


$180,665,573 00 


$101 50 


Franklin FRANKLIN COUNTY. 

County. 


Ashtield, .... 


295 


1465,242 00 


$0 27 


Bernardston, . 








233 


452,021 00 


26 


Buckland, 








522 


514,715 00 


32 


Charlemont, . 








266 


337,207 00 


20 


Col rain, . 








430 


630,828 00 


38 


Conway, . 








398 


743,250 00 


43 


Deerfield, 








820 


1,267,481 00 


75 


Erving, . 








279 


303,825 00 


19 



1883. — Chapter 71. 



385 



FRANKLIN COUNTY — Concluded. 



Friinklin 
County. 









Tax of SI, 000, 








includ'g Polls 


TOWNS. 


Polls. 


Property. 


at one-tenth 
of a mill each. 


Gill, 


216 


$433,922 00 


$0 25 


Greenfield, 








1,206 


3,300,159 00 


1 86 


Hawlev, • 








171 


150,654 00 


10 


Heath, . 








148 


175,660 00 


11 


Leverett, . 








206 


268,536 00 


16 


Leyden, . 








107 


212,016 00 


12 


]\Ionroe, . 








41 


35,122 00 


02 


Montague, 








1,296 


2,823,642 00 


1 62 


New Salem, 








230 


314,965 00 


19 


Northfield, 








406 


698,832 00 


41 


Orange, . 








1,185 


1.739,037 00 


1 03 


Rowe, 








142 


165,298 00 


10 


Shelburne, 








430 


871,429 00 


50 


Shutesbury, 








121 


153,413 00 


09 


Sunderland, 








203 


410,185 00 


24 


Warwick, 








207 


298,187 00 


18 


Wendell, 








132 


181,962 00 


11 


Whatiily, 






275 


440,124 00 


26 


Total, 








9,965 


$17,387,712 00 


$10 15 



HAMPDEN COUNTS. 



ITarnpflcn 
County. 



Agawam, 
Blandf(n-d, 
Brimfield, 
Chester, . 
Chicopee, 
Granville, 
Hampden, 
Holland, . 
Holyoko, . 
Longmeadow, 
Ludlow, . 
Monson, . 
Montgomery, . 
Palmer, . 
Russell, . 
Southwick, 
Springfield, 
Tolland, . 
Wales, . 
Westfield, 
West Springfield, 
Wilbraham, . 

Total, 



590 
259 
308 
398 

2,276 

316 

270 

64 

5,717 

459 

373 

934 

82 

1,373 
200 
289 

9,177 
105 
263 

2,085 

1,069 
351 



26,958 



$1,289, 
315, 
504 
496 

5,501 

364, 

438, 

114 

13,794 

1,187, 
770. 

1,621, 
134, 

2,436, 
444, 
610, 
38,053, 
179 
373 

6,445 

3,334 
729 



,442 00 
,838 00 
,794 00 
,343 00 
,366 00 
,856 00 
,196 00 
,179 00 
,102 00 
,317 00 
,548 00 
,636 00 
,487 00 
,540 00 
,043 00 
,922 00 
,100 00 
,721 00 
,278 00 
,626 00 
,201 00 
,470 00 



$79,170,005 00 



$0 74 
21 
30 
30 

3 12 
22 
26 
07 

7 83 
67 
44 
95 
08 

1 42 
25 
35 
20 95 
11 
22 

3 60 

1 86 
42 



114 37 



386 



1883. — Chapter 71, 



Hampshire 
Couiity. 






HAMPSHIRE COUNTY. 












Tax of $1,000, 










includ'g Polls 




TOWXS. 


Polls. 


Property. 


at one-tenth 
of a mill each. 




Amherst, .... 


946 


$2,686,660 00 


$1 51 




Belch ertown, . 






580 


1,053,966 00 


61 




Chesterfield, . 






202 


301,129 00 


18 




Cummington, . 






239 


349,900 00 


21 




Eastharapton, . 






814 


2,510,867 00 


1 40 




Enfield, . 






306 


765,999 00 


43 




Goshen, . 






97 


129,232 00 


07 




Granby, . 






203 


454,553 00 


26 




Greenwich, 






159 


266,081 00 


16 




Hadlev, . 






483 


1,217,675 00 


69 




Hatfield, . 






364 


1,072,533 00 


60 




Huntinpton, . 






331 


484,839 00 


29 




Middlefield, . 






135 


343,971 00 


19 




Northampton, 






2,720 


8,449,441 00 


4 72 




Pel ham, . 






140 


167,246 00 


10 




Plainfield, 






150 


165,780 00 


10 




Prescott, . 






138 


185,812 00 


11 




South Hadley, 






918 


1,929,923 00 


1 11 




Southampton, 






276 


512,667 00 


30 




Ware, 






1,254 


2,272,512 00 


1 32 




Westhampton, 






129 


272,133 00 


16 




Williamsburg, 






540 


981,972 00 


67 




Worthington, . 






232 


321,502 00 


19 




Total, .... 


11,356 


$26,896,393 00 


$15 28 


Mifiinpsex 


MIDDLESEX COUNTY. 




County. 








Acton 


527 


$1,304,610 00 


$0 74 




Arlington, 








1,082 


5,287,661 00 


2 89 




Ashbj, . 








280 


503,981 00 


29 




Ashland, . 








690 


1,362,629 00 


79 




Ayer, 








564 


1,072,180 00 


62 




Bedford, . 








242 


786,221 00 


44 




Belmont, 








446 


3,255,397 00 


1 76 




Billerii-a, 








508 


1,955,451 00 


1 08 




Boxborough, 








107 


260,875 00 


15 




Burlington, 








179 


507,005 00 


28 




Cambridge, 








13,922 


54,125,010 00 


29 89 




Carlisle, . 








160 


390,098 00 


22 




Chelmsford, 








640 


1,718,914 00 


97 




Concord, . 








899 


3,501,295 00 


1 93 




Dracut, . 








404 


1,175,260 00 


66 




Dunstable, 








130 


,321,934 00 


18 




Everett, . 








1,275 


4.782,803 00 


2 65 




Framingham, 








1,710 


5,857,242 00 


3 26 




Groton, . 








494 


3,294,096 00 


1 78 




Holliston, 








826 


1,744,813 00 


1 00 




Hopkinton, 








1,193 


2,339,925 00 


1 35 




Hudson, . 








1,078 


1,945,521 00 


1 13 



1883. — Chapter 71. 



387 



MIDDLESEX COUNTY —Concluded. 



Middlesex 
County. 









Tax of Sl,0O0, 








includ'g Polls 


TOWNS. 


Polls, 


Property. 


at one-tenth 
of a mill each. 


Lexington, . . . . 


708 


$2,615,150 00 


$1 45 


Lincoln, . 








257 


1,397,008 00 


76 


Littleton, 








271 


789,397 00 


44 


Lowell, . 








15,328 


49,710,399 00 


27 71 


Maiden, . 








3,513 


11,602,396 00 


6 46 


Marlborough, 








2,627 


3,935,471 00 


2 33 


]\Iaynard, 








660 


1,680,344 00 


95 


Medtord, 








1,958 


8,517,180 00 


4 68 


Melrose, . 








1,292 


3,962,449 00 


2 22 


Natick, . 








2,058 


4,667,839 00 


2 66 


Newton, . 








4,502 


29,705,781 00 


16 09 


N orth Reading 


, 






213 


519,210 00 


29 


Pejiperell, 








728 


1,586,662 00 


91 


Beading, . 








851 


2,444,570 00 


1 37 


Sherborn, 








303 


870,725 00 


49 


Shirley, . 








321 


753,570 00 


43 


Somerville, 








6,717 


23,700,228 00 


13 15 


Stoneham, 








1,356 


3,065,362 00 


1 75 


Stow, 








294 


964,936 00 


54 


Sudbm-y, 








381 


1,089,233 00 


61 


Tewksbury, 








393 


1,182,599 00 


66 


Town send, 








596 


1,118,447 00 


65 


Tyngsborough 


) 






167 


378,680 00 


22 


Wakefield, 








1,559 


3,763,486 00 


2 14 


Waltham, 








3,.S46 


10,078,480 00 


5 64 


Watertown, 








1,467 


8,167,098 00 


4 45 


Wayland, 








512 


1,271,538 00 


72 


Westford, 








630 


1,133,975 00 


65 


Weston, . 








398 


2,271,472 00 


1 24 


Wilmington, 








284 


571,348 00 


33 


Winchester, 








833 


4,027,054 00 


2 20 


Woburn, 








3,358 


8,484,615 00 


4 80 


Total, 








85,137 


$293,519,623 00 


$163 05 



Nantucket, 



NANTUCKET COUNTY. 



910 



$2,741,793 00 



$1 53 



Nantucket 
County. 



NORFOLK COUNTY. 



Bellinghana, .... 


330 


$584,853 00 


$0 34 


Braintree, 








1,067 


3,328,766 00 


1 86 


Bi'ookliue, 








2,128 


29,283,034 00 


15 G3 


Canton, . 








995 


3,401,873 00 


1 89 


Cohasset, 








589 


3,330,087 00 


1 81 


Dedham, . 








1,559 


5,898,238 00 


3 26 


Dover, 








186 


485,468 00 


27 


Foxborough, 








719 


1,562,482 00 


89 


Fi-anklin, 








895 


1,899,308 00 


1 09 



Norfolk 
County. 



388 



1883. — Chapter 71. 



Norfolk 
County. 


NORFOLK COUNTY 


— Concluded. 












Tax of $1,000, 










includ'g Polls 




TOWNS. 


rolls. 


Property. 


at one-tenth 
of a mill each. 




Holbrook 


• 678 


$1,480,040 00 


$0 85 




Hyde Park, . 






2,005 


4,759 320 00 


2 71 




Medfield, 






861 


], 2 15,454 00 


68 




Medway, 






999 


1.698,557 00 


99 




Milton, . 






871 


12,347,903 00 


6 59 




Needham, 






647 


1,793,899 00 


1 01 




Norfolk, . 






188 


394,140 00 


23 




Norwood, 






741 


1,975,037 00 


1 11 




Quincy, . 






2,878 


7,997,680 00 


4 60 




Randoljoh, 






1,206 


2,525,319 00 


1 45 




Sharon, . 






348 


1,170,418 00 


65 




Stoughton, 






1,360 


2,201,197 00 


1 30 




Walpole, 






645 


1,439,847 00 


82 




Wellesley, 






594 


3,565,770 00 


1 94 




Weymouth, 






3,036 


6,371,748 00 


3 66 




Wrentham, . ■ 






684 
25,709 


1,339,170 00 


77 




Total, .... 


$102,049,508 00 


$56 30 


Plymouth 
County. 


PLYMOUTH COUNTY. 






Abington, .... 


1,093 


$1,898,755 00 


$1 11 




Bridgewater, . 






1,022 


2,420,598 00 


1 38 




Brockton, 






4,723 


8,971,073 00 


5 20 




Carver, . 






219 


604,671 00 


34 




Duxbury, 






686 


1,289,969 00 


74 




East Bridgewater, 






810 


1,621,772 00 


93 




Halifax, . 






162 


260,489 00 


15 




Hanover, 






617 


1,243,171 00 


71 




Hanson, . 






350 


572,699 00 


34 




Hingham, 






1,201 


3,804,325 00 


2 12 




Hull, 






125 


1,549,695 00 


83 




Kingston, 






484 


2,010,259 00 


1 11 




Lakeville, 






266 


609,034 00 


29 




Marion, . 






248 


860,880 00 


48 




Marshfield, . 






507 


1,131,565 00 


65 




Mattapoisett, . 






337 


1,435,320 00 


79 




IMiddleborough, 






1,500 


3,020,441 00 


1 74 




Pembroke, 






426 


673,234 00 


40 




Plymouth, 






1,796 


4,992,301 00 


2 81 . 




Plyrapton, 






170 


300,295 00 


18 




Rochester, 






249 


479,426 00 


28 




Rockland, 






1,343 


2,283,243 00 


1 34 




Scituate, . 






609 


1,364,500 00 


78 




South Abington, 






978 


2,275,104 00 


1 30 




South Scituate, 






482 


1,182,701 00 


67 




Wareham, 






567 


1,256,413 00 


72 




West Bridgewater, 




451 


976,257 00 


56 




Total, 






21,211 


$48,988,190 00 


$27 95 



1883. — Chapter 71. 



389 



SUFFOLK COUNTY. 



Suffolk County. 



TOWNS. 


Polls. 


Property. 


Tax of $1,000, 
iuclud'g Polls 
at one-tenth 
of a mill each. 


Boston, 

Chelsea, 

Revere, 

Winthrop, .... 


102,578 

6,328 

698 

267 


$712,433,381 00 

17,078,877 00 

2,607,964 00 

1,692,557 00 


$385 37 
9 63 
1 44. 
92 


Total, .... 


109,871 


$733,812,779 00 


$397 36 



WORCESTER COUNXY. 



Ashburnham, . . . . 


477 


$982,773 00 


$0 57 


Athol, . 








1,208 


2,437,811 00 


1 40 


Auburn, . 








281 


501,594 00 


29 


Barre, 








686 


1,549,494 00 


8S 


Berlin, . 








259 


495,260 00 


29 


Blackstone, 








1,279 


2,089,982 00 


1 23 


Bolton, . 








254 


517,940 00 


30 


Boj'lston, 








211 


511,314 00 


29 


Brookfiekl, 








858 


1,302,834 00 


77 


Charlton, 








560 


1,074,029 00 


62 


Clinton, . 








2,122 


5,191,234 00 


2 95 


Dana, 








203 


263,297 00 


16 


Douglas, . 








713 


1,048,700 00 


62 


Dudley, . 








562 


955,749 00 


56 


Fitchburg, 








4,020 


11,313,163 00 


6 36 


Gardner, . 








1,871 


2,702,525 00 


1 61 


Grafton, . 








1,070 


2,159,397 00 


1 24 


Hardwick, 








678 


1,174,894 00 


69 


Harvard, 








343 


985,514 00 


55 


Holden, . 








633 


1,016,783 00 


60 


Hubbardston, 


A 






. 385 


779,472 00 


45 


Lancaster, 


w 






451 


2,770,-392 00 


1 50 


Leicester, 








712 


1,862,317 00 


1 05 


Leominster, 








1,699 


3,998,127 00 


2 28 


Lunenburg, 








319 


728,650 00 


42 


Mendon, . 








290 


620,039 00 


36 


Milford, . 








2,459 


6,526,252 00 


3 16 


Millbury, 








1,120 


2,184,175 00 


1 26 


New Braintree, 






174 


477,962 00 


27 


Northborough, 






431 


1,171,415 00 


66 


Northbridge, . 






1,092 


2,758,383 00 


1 56 


North Brookfiekl, 






1,235 


1,947,360 (0 


1 15 


Oakham, . 






236 


348,988 00 


21 


Oxford, . 








704 


1,449,507 00 


83 


Paxton, . 








169 


276,696 00 


16 


Petersham, 








296 


617,962 00 


36 


Phillipston, 








160 


289,581 00 


17 


Princeton, 








307 


913,487 00 


51 


Royalston, 








368 


817,205 00 


47 


Rutland, . 








268 


486,856 00 


28 


Shrewsbury, 








417 


1,063,151 00 


60 



■Worcester 
County. 



390 



1883. — Chaptek 71. 



Worcester 
County. 



WORCESTER COUNTY — Concluded. 









Tax of $1,000, 








includ-g Polls 


TOWNS. 


Polls. 


Property. 


at one-tenth 
of a mill each. 


Southborough, 


541 


$1,391,487 00 


$0 79 


Southbridge, . 






1,474 


3,2«8,471 00 


1 88 


Spencer, . 








1,881 


3,564,300 00 


2 06 


Sterling, . 








380 


953,978 00 


54 


Sturbridge, 








578 


1,065,186 00 


62 


Sutton, . 








722 


1,381,522 00 


80 


Templeton, 








837 


1,223,905 00 


73 


Upton, . 








516 


857,428 00 


60 


Uxbridge, 








805 


2,145,934 00 


1 21 


Warren, . 








1,130 


2,226,348 00 


1 29 


Webster, . 








1,343 


2,466,428 00 


1 43 


WestI)orough, 






1,300 


2,712,779 00 


1 56 


West Boy Iston, 






726 


1,172,550 00 


69 


West Brookfiekl, 






497 


873,234 00 


51 


Westminster, . 






461 


833,145 00 


48 


Winchendon, . 






1,107 


1,940,556 00 


1 13 


Worcester, 






17,641 


49,756,155 00 


27 96 


Total, 








63,519 


$147,215,670 00 


$83 87 



Recapitulation 
by counties. 



RECAPITULATION BY COUNTIES. 



Barnstable, .... 


8,266 


$18,862,548 00 


$10 75 


Berkshire, 






1-7,729 


37,746,496 00 


21 65 


Bristol, . 






37,291 


115,261,045 00 


64 42 


Dukes, . 






1,176 


3,242,783 00 


1 82 


Essex, 






63,746 


180,665,573 00 


101 50 


Franklin, 






9,965 


17,387,Tl2 00 


10 15 


Hampden, 






26,958 


79,170,005 00 


44 37 


Hampshire, 






11,356 


26,896,393 00 


15 28 


Middlesex, 






85,137 


293,519,623 00 


163 05 


Nantucket, 






910 


2,741,793 00 


1 53 


Norfolk, . 






25,709 


102,049,508 00 


56 30 


Plymouth, 






21,211 


48,988,190 00 


27 95 


SutTolk, . 






109,871 


733,812 779 00 


397 36 


Worcester, 






63,519 


147,215,670 00 


83 87 


Total, 






482,844 


$1,807,560,118 00 


$1,000 00 



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

Approved March 24, 1883. 



1883. — Chaptees 72, 73. 391 

An Act to authorize the town of westfield to issue new CllCip. 72 

WATER BONDS. 

Be it enacted^ etc., asfolloios: 

Section 1. The town t)f Westfield is authorized to May issue new 
issue new bonds, signed b}'^ the treasurer of said town and 
countersigned by the chairman of the board of water 
commissioners, to be denominated "Westfield Water 
Bonds," to an amount not exceeding one hundred thou- 
sand dollars, payable at periods not exceeding twenty 
years from the first day of April in the year eighteen hun- 
dred and eighty-four, with interest payable semi-annually 
at a rate not exceedins: six per cent, per annum ; and said Bonds may be 

11 • 1 l" J 4- IT • I 1 sold at public or 

town may sell said bonds at public or private sale, or private sale. 
pledge the same for money borrowed, upon such terms 
and conditions as it may deem proper, for the purpose of 
paying bonds issued by said town under the authority of 
chapter three hundred and twenty-two of the acts of the 
3'ear eighteen hundred and seventy-three, which become 
due on the first day of April aforesaid, to the amount of 
one hundred thousand dollars, and may raise money by 
taxation to pay said bonds and interest thereon when due. 

Section 2. The town before the bonds are issued Payment to be 

• 1 f ^ • •! T provided for be- 

shall provide for their payment either according to the fore bonds are 

. . • • issued 

provisions of section twelve of chapter twenty-nine of the 
Public Statutes or according to the provisions of chapter 
one hundred and thirty-three of the acts of the year 
eighteen hundred and eighty-two ; but said town shall 
not raise more than ten thousand dollars in any one year 
towards payment of the principal of said bonds except 
the year in which the same or any part thereof may be- 
come due. ApiJroved 31arch 24, 1883. 

An Act relative to the recohuing of mortgages of per- (JJiap. 73 

SONAL property. ^ 

Be it enacted, efc, asfolloios: 

Chapter one hundred and ninety-two of the Public Recording mon- 
Statutes is amended by striking out the first and second fSpropmy. 
sections thereof and substitutino; the following: — " Sec- 
tion 1. Mortgages of personal property shall be recorded 
on the records of the city or town where the mortgagor 
resides when the mortgage is made, and on the records of 
the city or town in Avhich he then principally transacts his 
business or follows his trade or calling. If the mort- when the mort- 
gagor resides out of the Commonwealth, his mortgage of out of the com- 
personal property which is within the Commonwealth when "^ouweaith. 



392 



1883. — Chaptees 74, 75. 



Until recorded 
not valid against 
other than 
parties to mort- 
gage. 



the mortgage is made, shall be recorded on the records of 
the city or town where the property then is. Every mort- 
gage of personal property shall be recorded within fifteen 
days from the date written in such mortgage, and when 
such a mortgage is required to be recorded in two different 
places, and is recorded in one of such places within said 
fifteen days, it may be recorded in the other within ten 
days from the date of the first record. Section 2. Un- 
til a mortgage of personal property has been recorded 
as provided in the preceding section, it shall not be valid 
against any person other than the parties thereto, unless 
the mortgaged property is delivered to and retained by 
the mortgagee ; and any record of a mortgage made sub- 
sequently to the times limited in said section shall be void 
and of no effect." Approved March 24, 1883. 



Chap. 



Taxation of for- 
eign mining, 
quarrying and 
oil companies. 



74 An Act in relation to the taxation of foreign mining, 
quarrying and oil companies. 

Be it enacted, etc., as folloivs : 

Section 1. Section four of chapter one hundred and 
six of the acts of the year eighteen hundred and eighty- 
two, relating to the payment by foreign mining, quarrying 
and oil companies of taxes upon their capital stock, is 
amended by striking out the words " as standing fixed " 
in the fifth and sixth lines, and inserting in place thereof 
the words " paid in in cash or otherwise or called in by 
assessment or instalment." 

Section 2. This act shall take efi'ect upon its passage. 

Approved March 24, 1883. 



CllCtp. 75 -^ -^CT RELATIVE TO THE DISTRICT COURT OF HAMPSHIRE AND 
^ ' THE SALARY OF THE JUSTICE THEREOF. 



Salary of justice. 



Terms of court 
at Cummington. 



To take effect 
May 1, 1883. 



Be it enacted, etc., asfoUotvs: 

Section 1. The salary of the justice of the district 
court of Hampshire shall be twenty-three hundred dollars 
per annum. 

Section 2. The terms of said court now required to 
be held in the town of Cummington may be held or not, 
in the discretion of said justice. 

Section 3. This act shall take effect upon the first 
day of May in the year eighteen hundred and eighty- 
three. Approved March 24, 1883. 



1883. — Chapters 76, 77, 78. 



393 



Chap. 76 



Taking fish in 
North River 
regulated. 



An Act in addition to an act to regulate the taking of 

FISH IN north river IN THE COUNTY OF PLYMOUTH. 

Be it enacted, etc., as folloios: 

Section 1. Whoever sets a seine or casts a mesh net 
in the North River in Plymouth County, or whoever by 
seine or mesh net takes any lish from said North River, 
except such persons as have authority so to do under 
chapter forty-four of the acts of the year eighteen hun- 
dred and eighty-one, shall be pnnished for each offence 
by a tine not less than twenty-five dollars nor more than 
one hundred dollars, or by imprisonment in the house of 
correction not less than one nor more than three months. 

Section 2. Section four of chapter forty-four of the Amencimentto 
acts of the year eighteen hundred and eighty-one is hereby ' 
amended by inserting after the word " fish," in the second 
line, the words " from two o'clock in the morning until 
sunset." Approved March 24, 1883. 



Chap. 77 



taining books, 
etj., for 30 days 
after notice 
given. 



An Act to prevent the wilful detention of books, news- 
papers, MAGAZINES, PAMPHLETS, OR MANUSCRIPTS OF CERTAIN 
LIBRARIES. 

Be it enacted, etc., as follows: 

Section 1. Whoever wilfully and maliciously or wan- Penalty for de- 
tonly and without cause detains any book, newspaper, 
magazine, pamphlet, or manuscript belonging to a law, 
town, city or other public or incorporated library, for 
thirty days after notice in writing, from the librarian of 
such library, given after the expiration of the time which 
by the regulations of such library such book, newspaper, 
magazine, pamphlet, or manuscript may be kept, shall be 
punished by a fine of not less than one nor more than 
twenty-five dollars, or by imprisonment in the jail not ex- 
ceeding six months. 

Section 2. The notice required by the foregoing sec- Notice to con 
tion shall bear upon its foce a copy of this act. am copy o 

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

Approved Ilarch 24, 1888. 



copy of this 



An Act to provide for the discharge or temporary release Chap. 78 

OF inmates of institutions for the insane. ■'■ 

Be it enacted, etc., as follows : 

Section 1. The board of trustees of any of the state Discharge of in- 
lunatic hospitals or of the Massachusetts General Hospi- ulnaUc h"oTpitai8 
tal may by vote confer on the superintendent of the hos- ^y^^^p*-*""'*^"^- 
pital or asylum under their control, authority to discharge 



394 



1883. — Chapters 79, 80. 



Temporary ab- 
sence from hos- 
pital by per- 
mission of 
euperiatendent. 



therefrom any inmate thereof committed thereto as an 
insane person, provided due written notice of intention so 
to discharge shall be sent by said superintendent to the 
person or persons who originally signed the petition for 
the commitment of such inmate. 

Section 2. Said superintendent may also, when he 
shall deem it advisable, permit any such inmate to leave 
the hospital or asylum temporarily in charge of his guar- 
dian, relatives or friends, for a period not exceeding sixty 
days, and receive him when returned by such guardian, 
relatives or friends within such period, without any fur- 
ther order of commitment. Approved March 24, 1883. 

Chap. 79 An Act relating to the commissioners of the public lands 

FUND. 

Be it enacted, etc., as follows: 

Section 1. So much of the commissioners of public 
lands fund established by section three of chapter two 
hundred of the acts of the year eighteen hundred and 
sixty, as is not required to meet special appropriations for 
filling the Back Bay lands, shall be reserved and managed 
as a sinking fund to be applied to the redemption at matu- 
rity of the scrip authorized by section two of chapter one 
hundred seventy-one of the acts of the year eighteen hun- 
dred and seventy-six, commonly called the harbor im- 
provement loan. 

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

Approved March 24, 1883. 



Sinking fund for 
harbor improve- 
ment loan. 



Chap. 80 



Clerk to be ap- 
pointed. 



Salary. 



Subject to laws 
applicable to 
clerks, except, 
etc. 

Not to attend 
other than at 
Northampton 
unless requested 
by justices. 



An Act providing for a clerk for the district court of 
hampshire. 

Be it enacted, etc., as follows: 

Section 1. There shall be a clerk for the district 
court of Hampshire who shall be appointed in accordance 
with the provisions of law relating to the appointment of 
clerks of police and district courts, and who shall enter 
upon his duties on the first day of May in the year eighteen 
hundred and eighty-three. 

Section 2. Said clerk shall receive from the county 
of Hampshire an annual salary of six hundred dollars. 

Section 3. Said clerk shall be subject to all the pro- 
visions of law applicable to clerks of police and district 
courts except as provided in the following section. 

Section 4. Said clerk shall not attend the sessions of 
said court held at any other places than Northampton 



1883. — Chapters 81, 82. 



395 



unless requested so to do by the justice thereof. When 
said clerk is not so requested, the justice shall keep a rec- 
ord of the proceedings had before him, which he shall 
transmit to said clerk to be entered by him upon the 
docket and records of said court. Said justice shall also 
account with and pay over to the said clerk all lines, costs 
and fees received by him. 

Section 5. Said clerk shall have power to receive 
complaints and issue warrants returnable to said court, 
and also to take bail iu cases pending therein. 

Section 6. This act shall take effect upon its passage. 

Approved March 24, 1883. 



When not re- 
quested, record 
to be kept by 

justice. 



May receive 
complaints, 
issue warrants 
and take bail. 



An Act for the better protection of property of certain (JJiar). 81 

LIBRARIES. -^ 

Be it enacted^ etc., asfoUoivs: 

Section 1. Section seventy-nine of chapter two hun- Penalty for de. 
dred and three of the Public Statutes is hereby amended so cmafn libra hTs. 
as to read as follows : — Whoever wilfully and maliciously 
or wantonly and without cause writes upon, injures, de- 
faces, tears or destroys a book, plate, picture, engraving, 
map, newspaper, magazine, pamphlet, manuscript, or 
statue belonging to a law, town, city or other public or 
incorporjvted library, shall be punished by a fine of not 
less than five nor more than fifty dollars, or by imprison- 
ment in the jail not exceeding six months. 

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

Approved March 24, 1883. 



An Act to authorize the city of haverhill to construct 
a wharf and a bridge over little river. 

Be it enacted, etc., as follows: 

Section 1. The city of Haverhill may construct a 
wharf at the outlet of Little Kiver, between Washington 
Square and the Merrimack River in said city, and may 
extend the same southerly from the stone abutment on 
the southerly side of said square a distance not exceeding 
two hundred and fifty-five feet or to such a line as may 
be established as a harbor line for said city ; may construct 
a stone bridge over said Little River for a part or the whole 
of said distance, and may close and discontinue any high- 
ways or landings thereon, except the highway, if any, on 
the westerly side of said Little River : provided, said city 
shall construct and maintain a slip or landing at the Mer- 
rimack River, with access thereto from said Washington 



ChajJ. 82 



City of Haver- 
hill may con- 
struct a wharf at 
outlet of Little 
River. 



M.ay construct a 
stone bridge. 



Proviso. 



396 



1883. — Chapters 83, 84. 



Bridge may be 
erected when 
authorized by a 
majority vote. 



Repeal of 1882, 
202. 



Square, convenient for public use ; but all constructions 
and extensions shall be subject to the provisions of chap- 
ter nineteen of the Public Statutes. 

Section 2. This act shall not authorize the erection of 
any structure on the premises mentioned in section one 
except such as may be necessary in the construction of said 
wharf and slip or landings, until a majority of the voters 
of said city, present and voting thereon at a legal meet- 
ting called for the purpose, shall vote in favor thereof. 

Section 3. Chapter two hundred and two of the acts 
of the year eighteen hundred and eighty-two, entitled 
" An Act to authorize the city of Haverhill to construct a 
wharf and a bridge over Little River," is hereby repealed. 

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

Approved March 24, 1883. 



Cliajp. 83 



May sell its real 
estate in Boston 



May hold real 
estate in any 
part of Boston. 



An Act concerning the proprietors of the meeting-house 

IN HOLLIS street, IN BOSTON. 

Be it enacted, etc., asfolloios: 

Section 1. The Proprietors of the Meeting-house in 
Mollis Street, a corporation established in Boston by an 
act passed on the fourth day of March in the year eighteen 
hundred and nine, may sell at private sale or public auc- 
tion, and convey, without responsibility on the part of 
the purchaser or purchasers for the application of the 
purchase money, any real estate which it now holds in 
Boston, and may execute and deliver any conveyances 
necessary to complete such sales. 

Section 2. Said corporation may hereafter acquire 
and hold by purchase or otherwise, and occupy for the 
purposes for which it was incorporated, real estate in any 
part of the city of Boston, and may continue to enjoy its 
existing rights, privileges and immunities, except so far 
as it may have parted with the same under the provi- 
sions of this act. 

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

Approved March 27, 1883. 



Chap. 84 



May notify 
workmen by 
ringing bells, 
etc., with ap- 
proval of select- 
men, etc. 



An Act permitting municipal officers to authorize manu- 
facturers TO ring bells and use WHISTLES AND GONGS FOR 
THE BENEFIT OF THEIR WORKMEN. 

Be it enacted, etc., as follows: 

Section 1. Manufacturers and others employing work- 
men are authorized, for the purpose of giving notice to 
such employees, to ring bells and use whistles and gongs 



1883. — Chapteks 85, 86, 87. 



397 



Chap. 85 



of such size and weight, in such manner and at such hours 
as the board of aldermen of cities and the selectmen of 
towns may in writing designate. 

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

Approved March 28, 1883. 

An Act to ratify and confirm a contract between the 
quannafowitt water company and the town of stone- 
HAM. 

Be it enacted, etc., asfolloius: 

Section 1. The contract made between the Quanna- contract be. 
powitt Water Company, a corporation established by nlpowlu'' water 
chapter three hundred and thirty-five of the acts of the fhrtowfof""^ 
year eighteen hundred and seventy-two, and the town of stoneham, ratu 
Stoneham, bearing date the twenty-sixth day of January 
eighteen hundred and eighty-three, whereby said water 
company agrees to construct water works and supply 
water to the inhabitants of the town of Stoneham, and 
allow the towns of Stoneham and Wakefield to purchase 
the franchise and water works of said water company, on 
certain terms and conditions named in said contract, is 
ratified and confirmed. 

Section 2. This act shall take efi'ect upon its passage. 

Approved March 29, 1883. 



An Act in relation to the universalist publishing house. 
Be it enacted, etc., as follows : 

Section 1. The Universalist Publishing House, in- 
corporated by chapter two hundred and eighty-six of the 
acts of the year one thousand eight hundred and seventy- 
two, is hereby authorized to furnish, from the profits of 
its business, pecuniary aid to the religious organizations 
of the Universalist denomination. 

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

Approved March 29, 1883. 

An Act to authorize the mayor and aldermen of somer- 

VILLE to construct A SEWER IN CAMBRIDGE AND CRESCENT 
STREETS IN BOSTON. 

Be it enacted, etc., as follows: 

Section 1. The mayor and aldermen of the city of 
Somerville are hereby authorized to construct and main- 
tain a common sewer which shall extend from any point 
in Pearl street or Crescent street in Somerville through 
any portion ot said streets, or either of them, into Cres- 



ChajJ. 86 



May aid Uni- 
versalist reli- 
gious organiza- 
tions. 



Chap. 87 



Mayor and 
aldermen of 
Somerville may 
maintain a 
sewer tli rough 
Charlestown 
district in Bos 
ton. 



398 



1883. — Chapter 88. 



AssesBtnents for 
betterments. 



cent street and Cambridge street in that part of Boston 
formerly known as Charlestown, and thence into Wash- 
ington street in Somerville, so as to connect with the 
present main drain or common sewer in the last named 
street. 

Section 2. The mayor and aldermen, under the pro- 
visions of chapter fifty of the Public Statutes, may assess 
a proportional part of the charge of such construction 
upon such estates in Somerville as are benefited thereby ; 
which assessments shall constitute a lien on the estates 
assessed and be enforced in the manner provided in said 
chapter and with the same rights reserved to persons ag- 
grieved by such assessments as are therein provided. 

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

Approved March 29, 1883. 



Chax^. 88 

Corporators. 
Name and pur- 



Powers and 
duties. 



Real and per- 
sonal estate. 

Gifts, grants, 
etc., to be de- 
voted to pur- 
poses, for which 
made. 



An Act to incorporate the ames free library of easton. 
Be it enacted, etc., as foUoivs: 

Section 1. Frederick L. Ames, Cyrus Lothrop, Wil- 
liam L. Chaffiu, George W. Kennedy and Lincoln S. 
Drake, trustees under the will of Oliver Ames, deceased, 
and holding property, real and personal, under said will, 
for the purpose of maintaining a free public library in the 
town of Easton, and their successors in said trust, are 
hereby made a corporation under the name of the Ames 
Free Library of Easton, with all the powers and privi- 
leges and subject to all the duties, restrictions and liabil- 
ities set forth in all general laws which now are or here- 
after may be in force applicable to such corporations. 

Section 2. Said corporation may hold real and per- 
sonal property for the purpose aforesaid to the amount of 
one hundred thousand dollars. All gifts, devises, bequests 
and grants to said corporation, shall be devoted to such 
purposes, and used in conformity with and held upon the 
conditions, upon which such gifts, devises, bequests or 
grants have been or may hereafter be made : provided, 
that such conditions are not inconsistent with the provi- 
sions of this act. 

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

Approved March 29, 1883. 



1883. — Chapters 89, 90, 91. 



399 



An Act to confirm certain proceedings of the attlebor- QJid^^^ 39 

OUGH WATER SUPPLY DISTRICT IN ATTLEBOROUGH. J- 

Be it enacted, etc. , as follows : 

Section 1. The meetinors heretofore held by the inhab- Proceedings 

O 1T--A1 conbrmed and 

itants of the Attleborough water supply district lu Attle- made valid. 
borough, under and by virtue of chapter two hundred 
and seventy-one of the acts of the year eighteen hundred 
and seventy-three and the by-laws of said district, the 
votes and proceedings of said meetings, and all bonds 
and contracts authorized by said act and by vote of any 
such meetings, are hereby ratified, confirmed and made 
valid so far as the same may have been invalid or de- 
fective because the records of said meetings do not show — 

First, That the meetings of said district have always 
been called and warned strictly in conformity with the 
provisions of said act and the by-laws of said district. 
Second, That said act was accepted by two-thirds of the 
voters present and voting thereon as required by said act. 
Third, That the clerks of said district were always duly 
sworn to the faithful discharge of their duties. 

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

Approved March 29, 1883. 



Chap. 90 



An Act regulating the disposition of the surplus of the 

COAST defence LOAN SINKING FUND. 

Be it enacted, etc., asfoUoivs: 

Section 1 . The provisions of section one of chapter one coast defence 
hundred sixty-six of the acts of the year eighteen hundred fu^id."'^''"'^ 
and sixty-eight, entitled " An Act in relation, to certain 
sinking funds of the Commonwealth," are hereby extended 
and shall govern the disposition of the surplus, if any, of 
the fund created by said section after the extinguishment 
of the debt which it was created to secure. 

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

Appi'oved March 29, 1883. 



An Act relating to the duties of assessors of taxes. 
Be it enacted, etc., as follows: 

Section 1. The returns and copies of assessors' books, Returns, and 
required by sections fifty-four and fifty-five of chapter twibook-rtobe 
eleven of the Public Statutes to be deposited by the asses- omcTof the se^*: 
sors in the ofiice of the secretary of the Commonwealth, retaryofthe 

• 1 n ^^ /-1' /•! Commonwealth. 

shall hereafter be deposited as follows : Copies of the 
assessors' books shall be deposited as required on or before 



Chap. 91 



400 



1883. — Chapters 92,93. 



Proviso. 



the first day of October in the year eighteen hundred and 
eighty-three and in every third year thereafter ; and in 
such years the secretary of the Commonwealth shall fur- 
nish to the cities and towns duplicate copies of the blank 
books required for this purpose. And the other returns 
specified in said sections shall be so deposited on or before 
the first day of October in each year : provided, that in 
the case of the city of Boston all said returns may be de- 
posited in the ofiice of the secretary on or before the first 
day of November in the several years respectively. 

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

Approved March 29, 1883. 



Chap. 92 



City may con- 
struct a bridge 
across Taunton 
Great River. 



May take land 
or other prop- 
erty. 
Damages. 



An Act to authorize the city of taunton to construct a 
bridge across taunton great river. 

Be it enacted, etc., as folloios: 

Section 1. The city of Taunton is hereby authorized, 
subject to the provisions of chapter nineteen of the Pub- 
lic Statutes, to construct and maintain a safe and conven- 
ient bridge across Taunton Great River from a point at or 
near Dean's wharf, so called, on Dean street in said Taun- 
ton, to a point opposite or nearly opposite on the south- 
erly bank of said river ; and the said city of Taunton is 
further authorized to do such acts as may be necessary or 
convenient in the premises to provide for public travel 
over said bridge and for the navigation of said river at 
said bridge. 

Section 2. Said city may take such land or other 
property as it may deem necessary to carry into full effect 
the provisions of the preceding section ; and any person 
injured in his property under this act and failing to agree 
with said city as to the amount of damages may have the 
same assessed and determined in the same manner as is 
provided where land is taken for highways. 

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

Approved March 29, 1883. 



Chap. 93 



Applications for 
granting of 
licenses to sell 
intoxicating 
liquors. 



An Act relating to applications for, and the granting of 

LICENSES to sell INTOXICATING LIQUORS. 

Be it enacted, etc., asfolloivs: 

Section 1. In any city or town which has voted, or 
which may hereafter vote, in accordance with section five 
of chapter one hundred of the Public Statutes, to author- 
ize the granting of licenses for the sale of intoxicating 
liquors for the year commencing on the first day of May 



1883. — Chapters 94,95. 



401 



following, the licensing board of such city or town may, 
during the months of March and April preceding said 
first day of May, receive applications for such licenses, 
publish, investigate and act upon, such applications, and 
may, during the said month of April, grant any such li- 
cense to take eflect on the said first day of May. 

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

\_The foregoing was laid before the Governor on the twenty- 
third day of March, 1883, and after five days it had the ^'- force 
of a laiv" as prescribed by the Constitution, as it was not re- 
turned by him with his objections within that time.'] 



Licenses may 
be granted in 
April to take 
eflect in May. 



An Act to authorize the city of fitchburg to issue addi (JJiaj). 94 

TIONAL water SCRIP. . ^ * 

Be it enacted, etc., as follows: 

Section 1. The city of Fitchburg, for the purposes May issue ad- 
mentioned in section nine of chapter ninety-five of the Bcrip!" 
act& of the year eighteen hundred and seventy, may issue 
notes, scrip or certificates of debt, signed by the treasurer 
and countersigned by the mayor, to be denominated on 
the face thereof " Fitchburg Water Scrip," to an amount 
not exceeding one hundred thousand dollars in addition to 
the amounts heretofore authorized by law to be issued by 
the town of Fitchburg and the said city, for the same 
purposes ; said notes, scrip or certificates of debt 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 " Fitchburg Water Scrip," by the town of Fitchburg : 
provided, that the whole amount of such notes, scrip or whoie amount 
certificates of debt issued by said city, together with those $500,000^'^'''^^ 
issued by said town for the same purposes, shall not in 
any event exceed the amount of five hundred thousand 
dollars. 

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

Apjyroved March 30, 1883. 



Cliaj). 95 



An Act to authorize the city of new Bedford to issue 

ADDITIONAL water BONDS. 

Be it enacted, etc., as folloios: 

Section 1. The city of New Bedford, for the purposes May issue ad- 
mentioned in section eleven of chapter one hundred and ^oud"?'^^'" 
sixty-three of the acts of the year eighteen hundred and 
sixty-three, may issue from time to time scrip, notes or 
certificates of debt, to be denominated on the face thereof 
"Water Bonds of the City of New Bedford," to an 



402 



1883. — Chapters 96, 97. 



Whole amount 
not to exceed 
$1,050,000. 



amount not exceeding two hundred and fifty thousand dol- 
lars in addition to the amounts heretofore authorized by 
law to be issued by said city for the same purposes ; said 
scrip, notes or certificates to be issued upon the same 
terms and .conditions, and with the same powers as are 
provided in said chapter one hundred and sixty-three for 
the issue of the " Water Bonds of the City of New Bed- 
ford," by said city : provided, that the whole amount of 
such scrip, notes or certificates issued by said city, 
together with those heretofore issued by said city for the 
same purposes, shall not in any event exceed the amount 
of ten hundred and fifty thousand dollars. 
. Section 2. This act shall take efiect upon its passage. 

Approved March 30, 1883. 



Chap. 96 



May make ad- 
ditional water 
loan. 



Whole amount 
not to exceed 
$125,000. 



Chap. 97 



Clerk to be ap- 
pointed. 



An Act to authorize the town of concord to make an 
additional water loan. 

Be it enacted, etc., as foUoivs: 

Section 1. The town of Concord, for the purposes 
mentioned in section four of chapter one hundred and 
eighty-eight of the acts of the year eighteen hundred and 
seventy-two, may issue notes, bonds or scrip, to be 
denominated on the face thereof " Concord Water Loan," 
to an amount not exceeding twenty-five thousand dollars 
in addition to the amounts heretofore authorized by law 
to be issued by said town 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 " Concord Water Loan," 
by s'aid town : provided, that the whole amount of such 
notes, bonds or scrip issued by said town, together with 
those heretofore issued by said town for the same purposes, 
shall not in any event exceed the amount of one hundred 
and twenty-five thousand dollars. 

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

Ajjproved March 30, 1883. 

An Act providing for a clerk for the second district 
court ok eastern middlesex. 

Be it enacted, etc., as folloios: 

Section 1. Hereafter there shall be a clerk of the 
second district court of eastern Middlesex, who shall be 
appointed in accordance with the provisions of law relat- 
ing to the appointment of clerks of district courts, and 
who shall enter upon the discharge of his duties on the 



1883. — Chapters 98,99. 



403 



first day of May in the year eighteen hundred and eighty 
three. 

Section 2. Said clerk shall be subject to all the pro 
visions of law applicable to clerks of district courts. 

Section 3. Said clerk shall receive from the county saiary. 
of Middlesex an annual salary of four hundred dollars. 

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

Ajjproved March 30, 1883. 



Subject to law 
applicable to 
clerks of district 
courts. 



An Act relating to the name of co-operative saving fund 
and loan associations. 

Be it enacted, etc., as foUotvs : 

Section 1. Section three of chapter one hundred and 
seventeen of the Public Statutes, relative to the name of 
co-operative saving fund and loan associations, is hereby 
amended by striking out the words " co-operative saving 
fund and loan association," in the fourth line and inserting 
in phice thereof the words " co-operative bank." 

Section 2. The title of said chapter one hundred and 
seventeen of the Public Statutes is hereby amended by 
striking out the words " Saving Fund and Loan Associa- 
tions," and inserting in place thereof the word " Banks." 

Section 3. The names of all co-operative saving fund 
and loan associations heretofore organized are hereby 
changed by striking out in each the words " Saving Fund 
and Loan Association," and inserting in place thereof the 
word " Bank," and they shall hereafter be known as " Co- 
operative Banks." 

Section 4. The first and second sections of this act 
shall take effect upon its passage, and the third section 
upon the first day of July in the year eighteen hundred 
and eighty-three. Approved March 30, 18S3. 



Chap. 98 



" Co-operative 
saving fund and 
loan associa- 
tions " to be 
known as " co- 
operative 
banks." 



Public Statutes 
117. Title 
amended. 



Co-operative 
Banks. 



Third section to 
take effect July 
1, 1883. 



An Act in relation to the custody of the archives of 
maine lands. 

Be it enacted, etc., as follows: 

Section 1. The secretary of the Commonwealth shall 
have the custody of the books of records of grants and con- 
veyances of lands formerly held by the Commonwealth of 
Massachusetts and now situated within the limits of the 
state of Maine, and of all other books and records relat- 
ing to said lands, which are now required by law to be 
kept in the oflSce of the board of harbor and land com- 



Chap. 99 



Books relating 
to Maine lands 
to be kept in the 
office of the sec 
retary of the 
Commonwealth. 



401 



1883. — Chapteks 100, 101, 102. 



missio tiers ; aucl the same shall hereafter be kept in the 
office of the secretary. 

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

A2)proved March 30, 1883. 



Chap 



Return to be 
made to the sec- 
retary of the 
Commonwealth 
of the accept- 
ance or rejection 
of certain Acts 
and Resolves. 



.100 ^^ ^'^^ REQUIRIXG MUNICIPAL OR OTHER CORPORATIONS TO MAKE 
RETURNS OF THE ACCEPTANCE OR FAILURE TO ACCEPT CERTAIN 
ACTS AND RESOLVES. 

Be it enacted, etc. , as follows : 

When an act or resolve takes effect upon its acceptance 
by a municipal or other corporation, a return of the vote 
or action taken thereon shall be made by the clerk of such 
municipal or other corporation, within thirty days of such 
vote or action, to the secretary of the Commonwealth ; 
and when a time is prescribed in such act or resolve with- 
in which it may be accepted and the act or resolve is re- 
jected or no action is taken thereon within the time so 
prescribed, a return stating such rejection, or a return 
that no action has been taken, shall be so made within 
thirty days after the time so prescribed has elapsed. 

Approved March 30, 1883. 



Chap 



Time extended, 
within which 
real estate taken 
for taxes, may 
be sold. 



IQI An Act relating to the time within which a city or town 

SHALL SELL REAL ESTATE HELD UNDER A SALE OR TAKEN FOR 
NON-PAYMENT OF TAXES. 

Be it enacted, etc., as folloios: 

Section fifty-eight of chapter twelve of the Public Stat- 
utes, relating to a sale of property held by a city or town 
under a sale or taken for taxes, is hereby amended by 
striking out the word " forthwith," in the fourth line and 
inserting in place thereof the words "within two years 
thereafter." Approved March 30, 1883. 



Cha2).'l02 



Disorderly con- 
duct on public 
conveyances. 



An Act to punish persons guilty of disorderly conduct on 
steamboats and other public conveyances. 

Be it enacted, etc., as follows: 

Whoever in or upon a steamboat, railroad carriage or 
other public conveyance is disorderly, or disturbs or an- 
noys travellers in or upon the same by profane, obscene 
or indecent language, or by indecent behavior, shall be 
punished by imprisonment in the jail not exceeding thirty 
days or by fine not exceeding fifty dollars. 

Approved March 30, 1883. 



1883. — Chapters 103, 104 



405 



An Act in relation to the bridge across the merrimack CJl(ip.\03 

RIVER IN the town OF TYNGSBOROUGH. 

Be it enacted, etc., asfolloios: 

Section 1. The town of Tyngsborough is hereby re- 
leased and exempted from all obligation to maintain the 
bridge which was constrncted across the Merrimack River 
in said town, in obedience to the requirements of chapter 
one hundred and ninety-nine of the acts of the year 
eighteen hundred and seventy-one ; and the county of 
Middlesex shall hereafter maintain the same. 

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

Approved March 30, 1883. 



Town exempted 
from mainte- 
nance of bridge. 



County to main- 
tain bridge. 



An Act to establish a harbor line along a portion of the 

water front of the city of HAVERHILL ON THE MERRIMAC 
RIVER. 

Be it enacted, etc., asfolloivs: 

Section 1. The following described line along a por- 
tion of the water front of the city of Haverhill on the 
Merrimac River, is hereby established as a harbor line 
beyond which no wharf, pier or other structure shall be 
extended into or over the tide waters of said river. 
The said line begins at the south-westerly corner of the 
wharf known as Chase's wharf, said corner being also at 
the end of the easterly side line of city landing number 
eleven and distant, as said side line runs, about one hun- 
dred and eighty-seven feet and eight inches from the south- 
erly side of Water street ; and thence runs westerly in a 
straight line to the south-easterly corner of the wharf 
known as Sargent and Holden's wharf, said corner being 
about one hundred and ninety-two feet distant southerly 
from the southerly side of Merrimac street ; thence west- 
erly in a straight line to the south-westerly corner of John 
C. Tilton's wharf, said corner being about one hundred 
and ninety-two feet and two inches distant southerly from 
the southerly side of said Merrimac street ; thence west- 
erly in a straight line to the south-easterly corner of Al- 
pheus Currier's wharf, said corner being about two hun- 
dred and forty-four feet distant southerly from the south- 
erly side of Washington street ; thence westerly in a 
straight line to the south-easterly corner of the stone abut- 
ment at the northerly end of the Boston and Maine Rail- 
road bridge across said Merrimac River. 

Section 2. Nothing in this act shall be construed as 
authorizing the construction or extension of any wharf, 



Chap.104: 



Harbor line es- 
tablished. 



Wharf or other 
structure not 
authorized. 



406 



1883. — Chapters 105, 106, 107. 



Chap.im 



Agricultural 
experiment sta- 
tion to make 
annual report to 
board of agri- 
culture. 



Chap.XOQ 



Proceedings 
confirmed. 



Chap.107 



When liabilities 
are satisfied, 
securities may 
be returned. 



pier or other structure, or as givino: or confirmino; a risrht to 
malntaiu any structure, iu or over the tide waters of the 
said Merrimac River, or as reviving or extending any 
grant or license heretofore made or given ; and any license 
heretofore given to build or extend any structure beyond 
the harbor line established by this act is hereby revoked. 
Section 3. This act shall take effect upon its passage. 

Approved March 30, 1883. 

An Act relating to the annual report of the board of 
control of the agricultural experiment station. 

Be it enacted, etc., as follows: 

The board of control of the agricultural experiment sta- 
tion shall annually, in the month of January, make a de- 
tailed report to the state board of agriculture 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. Approved March 30, 1883. 

An Act to confirm certain proceedings of school district 

NUMBER eighteen IN ATTLEBOROUGH. 

Be it enacted, etc., as follows: 

Section 1. The proceedings of the meetings of the 
legal voters of school district number eighteen in Attle- 
borough are ratified and confirmed so far as the saraie may 
have been defective and invalid for the reason that the 
warrants calling said meetings were not posted in the places 
required by the by-laws of said district. 

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

Approved March 30, 1883. 

An Act in relation to deposits made by foreign insurance 
companies with the treasurer of the commonwealth. 

Be it enacted, etc., as follows: 

Section 1. Whenever it shall be made to appear to 
the insurance commissioner that a foreis^n insurance com- 
pany which has made a deposit with the treasurer of the 
Commonwealth under the provisions of section two hun- 
dred and eighteen of chapter one hundred and nineteen of 
the Public Statutes or of any act of which that section 
is a substitution or continuation, has satisfied all liabilities 
to policy holders in the United States for whose benefit 
such deposit was made, the commissioner shall certify 
such fact to the treasurer of the Commonwealth, who shall 



1883. — Chapter 108. 



407 



thereupon deliver to the trustees of such company in the 
United States in whom its property in the United States 
is vested, the securities and property in which such de- 
posit with him is made. 

Section 2. The treasurer of the Commonwealth with 
the consent of the insurance commissioner may frorn time 
to time at his discretion, at the request of any such com- 
pany or of its trustees in the United States entitled to 
such deposit, change the securities in which such deposit 
is made for any other securities of equal amount, in par 
value, in which insurance companies organized under the 
the laws of the Commonwealth are by law at the time of 
such change authorized to invest their capital, and the 
securities so substituted shall be subject to the same 
trusts as the securities for which they are substituted. 

Section 3. An insurance company which has made a 
deposit with the treasurer of the Commonwealth under the 
provisions of said section two hundred and eighteen or of 
any act of which that section is a substitution or continu- 
ation, the trustees as aforesaid of any such company, or 
its resident manager in the United States, or the insurance 
commissioner of the Commonwealth may at any time 
bring in the supreme judicial court for the county of Suf- 
folk a suit in equity against the Commonwealth and other 
necessary parties to enforce, administer, or terminate the 
trust created by the making of such deposit. The process 
in such suit shall be served on the treasurer of the Com- 
monwealth, who shall appear and answer in its behalf and 
perform such orders and decrees as the court may make 
therein. 

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

Approved March 30, 1883. 



Securities may 
be changed by 
treasurer upon 
request of com- 
pany. 



Suit In equity 
may be brought 
to enforce or 
terminate the 
trust. 



AND HOLD ADDITIONAL STOCK IN THE NEWBURYPORT AND AMES 
BURY HOUSE RAILROAD COMPANY. 

Be it enacted, etc., as folloivs ; 

Section 1. The city of Newburyport is hereby author- 
ized to purchase at par value and hold shares in the cap- 
ital stock of the Newburyport and Amesbury Horse Rail- 
road Company to an additional amount not exceeding 
twenty thousand dollars, to pay for the same out of the 
treasury of said city, and to hold the same as city 
property subject to the disposition of the said city for pub- 



Z Chap.lQS 



City may take 
additional 
stock in the 
Newburyport 
and Amesbury 
Uorse Railroad 
Company. 



408 



1883. — Chapter 109. 



Proviso. 



May raise 
money by loan 
or tax. 



Amount not to 
exceed $20,000. 



Mayor to repre- 
sent the city in 
clioice of direct- 
ors, etc. 



lie purposes in like manner as any other property it may 
possess : provided, that two-thirds of the legal voters of 
said city who may be present and voting thereon shall vote 
so to do at any legal meeting called for the purpose by the 
mayor and aldermen of said city within ninety days after 
the passage of this act. 

Section 2. Said city is hereby authorized to raise by 
loan or tax the sum of money which may be required to 
pay for such number of shares of said stock as it may pur- 
chase agreeably to the provisions of section one of this 
act. 

Section 3. The said city by its mayor shall subscribe 
for and purchase of said company in behalf of the said city 
such additional number of shares in the capital stock of 
said company, not to exceed said twenty thousand dollars, 
as shall be voted by said city. And the mayor is hereby 
authorized to cast the vote of the said city in the choice of 
the directors of said company, and to appear and act in 
behalf of said city in the transaction of any business of said 
company so long as said city shall hold shares in said cor- 
poration. 

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

Approved March 30, 1883. 



Harbor line 
changed. 



(7A«jt).109 -^N ^'^'^ TO CHANGE A PORTION OF THE HARBOR LINE IN GLOUCES- 
^' TER HARBOR. 

Be it enacted, etc., asfolloivs: 

Section 1. That portion of the harbor line in Glouces- 
ter harbor which extends around Duncan's Point and along 
the northerly side of Harbor Cove, is hereby changed and 
established as follows : — Beginning at a point in the pres- 
ent harbor line, where the same would be intersected by 
extending the south-westerly side line of the wharf of the 
Gloucester Gas Light Company ; thence running south- 
westerly in a straight line to the north-westerly corner of 
the wharf of Charles Parkhurst ; thence running south- 
westerly in a straight line passing through the south-east- 
erly corner of said last named wharf, to a point twenty 
feet beyond said south-easterly corner ; thence running 
north-westerly in a straight line drawn towards the south- 
easterly corner of the wharf of David G. Allen, until it 
Wharves, etc.. iutcrsects the prcscut harbor line. No wharf, pier or other 
beyond^Hne'^s!*^ structurc shall hcrcaftcr be extended into or over the tide 
tabiished. waters of said harbor beyond the line hereby established. 



1883. — Chapters 110, 111. 



409 



Section 2. So much of chapter one hundred and twen- Repeal 
ty-four of the acts of the year eighteen hundred and sixty- 
six, and of chapter eighty-two of the acts of the year eigh- 
teen hundred and seventy-five, as establishes a different 
harbor line between the points of intersection aforesaid, is 
hereby repealed. 

Section 3. Nothing in this act shall be construed to 
authorize the construction or extension of any wharf, pier 
or other structure, or to give or confirm a right to main- 
tain any structure in said harbor, or to renew or extend 
any grant or license heretofore made or given ; but this 
act sliall be held to revoke any grant or license, which by 
law is revocable, to do any act or to build any structure in 
or over the tide waters of said harbor upon that part of 
the harbor frontage and inside of the line covered and 
defined by this act. 

Section 4. This act shall take efi'ect upon its passage. 

Approved March 30, 1883. 



Wharf or Qtlier 
structure not 
authorized to be 
constructed or 
extended. 



Chap.UO 



Amendment to 
P. 8. 89, § 20. 



An Act relative to the trial of juvenile offenders. 
Be it enacted, etc. , as follows : 

Section twenty of chapter eighty-nine of the Public Stat- 
utes, relating to proceedings in the trial of juvenile 
ofienders, is hereby amended by striking out all after the 
word " respectively " in the thirteenth line, and adding in 
the place thereof the following words : " And the court or 
magistrate when of the opinion that such boy or girl should, 
if the allegations contained in the complaint be true, be 
sent to a public institution or committed to the custody of 
the state board of health, lunacy and charity, shall cause 
written notice of such complaint to be given by mail or 
otherwise to the said board which shall have an opportu- 
nity to investigate the case, attend the trial and protect 
the interest of or otherwise provide for the child." 

[T/ie foregoing loas laid before the Governor on the tioenty- 
eighth day of March, 1883, and after fioe days it had the "-force 
of a law," as prescribed by the Constitution, as itioasnot returned 
by him with his objections within that time.'\ 

An Act to establish the salary of the justice of the muni- 
cipal COURT of the west ROXBURY DISTRICT OF THE CITY OF 

boston. 
Be it enacted, etc.^ as follows: 

Section 1. The justice of the municipal court of the Salary of jus- 
West Roxbury District of the city of Boston from and 



Chap.lll 



tice. 



410 



1883. — Chapters 112, 113. 



Repeal. 



CJia2).112 



Corporators. 



Name and pur- 
pose. 



Chap.113 



Boundary line 
defined. 



after the first day of January in the year eighteen hundred 
and eighty-three shall receive an annual salary of sixteen 
hundred dollars. 

Section 2. So much of section sixty-four of chapter 
one hundred and fifty-four of the Public Statutes as is in- 
consistent with this act is repealed. 

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

[T/ie foregoing was laid before the Governor on the txoenty- 
niidh clay of March, 1883, and after five days it had the '■'•force 
of a law" as prescribed by the Constitution, as it was not returned 
by him with his objections within that time.^ 

An Act to incorporate the hillside agricultural society. 
Be it enacted, etc., as follows: 

Section 1. Stephen Hay ward, Albert Ford, Alvan 
Barrus, Franklin J. Warner, J. H. Eager and F. H Bry- 
ant, their associates and successors, of the towns of Cum- 
mington, Worthington, Chesterfield, Plainfield, Goshen, 
Ashfield and Windsor," are hereby made a corporation 
under the name of the Hillside Agricultural Society, to be 
located at Cummington, for the encouragement of agricul- 
ture, horticulture and the mechanical arts, by premiums 
and other means, with the powers and privileges and sub- 
ject to all the duties, restrictions and liabilities set forth in 
all general laws which now are or may hereafter be in 
force applicable to such corporations ; and said corporation 
is hereby authorized to hold by gift, devise or otherwise, 
real and personal estate to an amount not exceeding 
five thousand dollars, for the purposes aforesaid. 

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

Approved April 7, 1883. 

An Act to define the boundary line of tide water between 

the commonwealth of MASSACHUSETTS AND THE STATE OF 
RHODE ISLAND AND PROVIDENCE PLANTATIONS. 

Be it enacted, etc., as follows: 

Section 1. The boundary line of tide water between 
the Commonwealth of Massachusetts and the state of 
Rhode Island and Providence Plantations, is hereby located 
and defined as follows : Beginning at the southerly end of 
the boundary line of land between the said states, as the 
same is now established by law, and thence running south- 
erly, in a course across and at right angles with the shore 
line, (which is a line drawn from the headland at Goose- 
berry Neck, in the former state, to the headland at Warren's 



1883. — Chapters 114, 115. 



411 



Point, in the latter state) , to a point in latitude 41° 25' 05", 
longitude 71° 05' 28" and distant one marine league, 
southerly, from the said shore line. 

Section 2. This act shall take effect when the said 
boundary line, as herein located and defined, has been ap- 
proved and established by the general assembly of the 
state of Rhode Island and Providence Plantations. 

Approved April 7, 1883. 



To take effect 
when similar 
act is passed by 
Rhodelaland. 



An Act to authorize the towk of stonehau to pay certain 

bounties. 

Be it enacted, etc. , as follows : 

Section 1. The town of Stoneham is authorized, in the 
manner provided in section two of this act, to raise by 
taxation a sum of money not exceeding eleven thousand 
dollars, and appropriate the same to the payment of a 
bounty of one hundred and twenty-five dollars to each 
soldier and the heirs of each deceased soldier who served 
during the late war as part of the quota of said town, and 
has never received any bounty from said town : provided, 
that said town shall not be re-imbursed by the Common- 
wealth for any money paid under authority of this act. 

Section 2. At the annual election in November next 
a vote may be taken on the question of raising such 
money and appropriating the same to the payment of such 
bounties. In taking the vote the check list shall be used. 
The vote shall be by separate ballot, and the 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 heirs of each deceased sol- 
dier who served during the late war as part of the quota 
of said town, and has never received any bounty from the 
town, and raise by taxation the sum of eleven thousand 
dollars and appropriate the same to the payment of said 
bounties?" 

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

Approved April 7, 1883. 



Chap.lU 



May pay boun- 
ties to soldiers 
and their heirs. 



May raise 
money by tax- 
atioQ. 



An Act to incorporate the trustees of the boston ecclesi- 
astical seminary. 

Be it enacted, etc., as follows: 

Section 1. John J. Williams, William A. Blenkinsop, 

Thomas H. Shahan and John Flatley, their associates and 

successors, are constituted a body corporate by the name 



Chap.115 



Corporators. 



412 



1883. — Chapters 116, 117, 118. 



May confer de- 
grees in divinity 
and philosophy. 



Name and pur of The Boston Ecclesiastical Seminary, for the purpose 
of establishing and maintaining, in or near the city of 
Boston, an institution for the promotion of learning and 
piety and especially for the education of young men for 
. the priesthood in the Roman Catholic Church. Said cor- 
poration shall have authority to confer the degrees con- 
ferred by edncational institutions in divinity and philosophy 
and may exercise the powers and shall be governed by the 
provisions and be subject to the liabilities prescribed in 
chapter one hundred and fifteen of the Public Statutes and 
all general laws which now are or hereafter may be in force 
relating to cor2:)orations for educational purposes. 

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

Approved April 7, 1883. 

Chxip.WQ An Act relating to the investment of the funds of the 

PROPRIETORS OF FOREST HILLS CEMETERY. 

Be it enacted^ etc., as follows: 

Section 1. The trustees of the proprietors of Forest 
Hills Cemetery are hereby authorized to invest the funds in 
their hands in any securities in which savings banks are 
now authorized to invest. 

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

Approved April 7, 1883. 

An Act to promote safety at railroad grade crossings. 
Be it enacted, etc. , as follows : 

At any point where a highway, town way or travelled 
place is crossed at the same level by a railroad, the 
board of railroad commissioners may, after notice to and 
hearing of the railroad corporation whose road so crosses, 
direct in writing that gates shall be erected across said 
way or place, and that an agent be stationed to open and 
close such gates when an engine or train passes, or that a 
flagman be stationed at the crossing, who shall display a 
flag whenever an engine or a train passes, and the corpor- 
ation shall comply with such order. 

Approved April 7, 1883. 



Investment of 
funds. 



Chap.lll 



Gates and flag- 
men at railroad 
grade crossings, 
may be ordered 
by railroad com- 
missioners. 



Chaplin 



Pedlers licenses 
may be granted, 
without fee, to 



An Act authorizing the secretary of the common"w^ealth 
TO grant licenses for hawking and peddling to per- 
sons over seventy years of age. 

Be it enacted, etc., as follows: 

Section 1. The secretary of the Commonwealth may 

grant a special state or county license, in accordance 



1883. — Chapters 119, 120. 



413 



with the provisions of chapter sixty-eight of the Public 
Statutes, to any person seventy years of age or upwards, 
without the payment of any sum therefor upon such per- 
son filing iu his office a certificate, signed by the mayor 
of the city or a majority of the selectmen of the town in 
which such person resides, stating that to the best know- 
ledge and belief of such mayor or selectmen the applicant 
therein named is of good repute for morals and integrity 
and is, or has declared his intention to become, a citizen 
of the United States. The mayor or selectmen before 
granting such certificate shall require the applicant to 
make oath that he is the person named therein and that he 
is, or has declared his intention to become, a citizen of the 
United States, which oath shall be certified by a justice of 
the peace and shall accompany the certificate. 

Section 2. This act shall take efl:ect upon its passage. 

Approved April 7, 1883. 

An Act to authorize the town of milford to erect, furnish 
and maintain a memorial hall, and borrow money therefor. 

Be it enacted, etc., as foUoics: 

Section 1. The town of Milford is authorized to erect, 
furnish and maintain a Memorial Hall in memory of its 
soldiers and sailors who died in the militaiy and naval 
service of the United States during the late war : j^rovided, 
said town shall at a legal meeting called for the purpose 
at any time within two years from the passage of this act 
vote so to do by a two-thirds vote of the voters present 
and voting thereon. 

Section 2. For the purposes aforesaid said town is 
authorized to borrow a sum not exceeding twenty thou- 
sand dollars for a period not exceeding five years, which 
sum with the interest thereon shall be provided for by 
taxation and paid at maturity. 

Section 3. The provisions of chapter twenty-nine of 
the Public Statutes shall apply to said town except so far 
as they are inconsistent herewith. 

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

Approved April 7, 1883. 



persons of 
seventy years 
and upwards. 



Cha2?.U9 



May erect a 
Memorial Hall. 



Proviso. 



May borrow 
$2U,0U0. 



Provisions of 
P. S. 29 not in- 
consistent, to 
apply. 



An Act to provide for the punishment of persons present 

AT games or sports IN COMMON GAMING HOUSES. 

Be it enacted, etc., as follows: 

Section ten of chapter ninety-nine of the Public Statutes, 
relating to persons found playing and present at games or 



Chap.120 



Punish mcnt for 
presence at 
games, in com 



414 



1883. — Chapters 121, 122, 123. 



mon gaming 
houses. 



May permit the 
taking of tish ia 
tidal waters of 
Merrimack 
River. 



sports in common gaming houses, is amended by inserting 
after the words " so playing," in the sixteenth line thereof 
the words " or so present." 

\_The foregoing was laid before the Governor on the fourth day 
of April 1883, and after five days it had the '■'■force of a law" 
as prescribed by the Constitution, as it was not returned by him 
with his objections within that time.'] 

Ch(Xp.\21 An Act to authorize the commissioners on inland fisheries 

TO ISSUE PERMITS FOR FISHING IN THE MERRIMACK RIVER. 

Beit enacted, etc., as follows: 

Seotiox 1. The commissioners on inland fisheries may 
issue permits for the taking of any variety of fish in the 
tidal waters of the Merrimack River and its tributaries, 
the taking of which is now in any way prohibited by law. 
Such permits shall be revocable at the discretion of said 
commissioners, and no fee or consideration shall be 
charged for the issuino; of the same. 

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

Approved April 11, 1883. 

Chap.\22 An Act to exempt certain propertt op the arms library, 

IN SUELBURNE, FROM TAXATION. 

Be it enacted, etc., as follows: 

The books of the Arms Library in Shelburne and the 
other property held by the trustees of said library for the 
benefit thereof shall be exempt from taxation to an amount 
not exceeding ten thousand dollars in value. 

Approved April 11, 1883. 



Books, etc., to 
be exempt from 
taxation. 



Chap.l2^ 



May make ad. 
ditional 'water 
loan. 



Proviso. 



An Act to authorize the town of northborough to make 

an ADDITIONAL WATER LOAN. 

Be it enacted, etc., as follows: 

Section 1. The town of Northborough, for the pur- 
poses mentioned in section four of chapter one hundred 
and ninety-two of the acts of the year eighteen hundred and 
eighty-two, may issue bonds, notes or scrip, to be denomi- 
nated on the face thereof " Northborough Water Loan," to 
an amount not exceeding ten thousand dollars in addition to 
the amounts heretofore authorized by law to be issued by 
said town for the same purposes ; said bonds, notes 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 "Northborough Water Loan," by said town: pro- 
vided, that the whole amount of such bonds, notes or scrip 
issued by said town, together with those heretofore issued 



1883. — Chapters 124, 125. 415 

by said town for the same purposes, shall not in any event 
exceed the amount of sixty thousand dollars. 

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

Approved April 11, 1S83. 

An Act relating to the removal and transportation of (77iar>.124 

CERTAIN BODIES FOR BURIAL. 

Be it enacted, etc., as follows: 

Section 1. Section five of chapter thirty-two of the Removal of bod- 

T-»iTr-i ii- jii 1 •! 1^1 T les for burial. 

Pubhc Statutes, relating to the burial or removal ot bodies p. s. 32§5. 
for burial, is amended by inserting in the eleventh line 
thereof, after the word "bury," the words "or re- 
move." 

Section 2. No railroad corporation, or other common Removal of bod- 

III J i T ies of persons 

earner or person, snail convey or cause to be conveyed, who have died 
through or from any city or town in this Commonwealth, aLeases!'^''"^ 
the remains of any person w^ho has died of small-pox, 
scarlet fever, diphtheria, or typhoid fever, until such body 
has been so encased and prepared as to preclude any 
danger of communicating the disease to others by its 
transportation ; and no local registrar or clerk shall give 
a permit for the removal of such body until he has re- 
ceived from the board of health of the city, or the select- 
men of the town where the death occurred, a certificate, 
stating the cause of death, and that said body has been 
prepared in the manner set forth in this section, which 
certificate shall be delivered to the agent or person who 
receives the body. 

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

Approved April 11, 1883. 

An Act amending section one hundred and seventy-nine njinr) 125 

OF chapter one hundred and twelve of the public STAT- J^' 

utes, relating to color blindness of railroad employees. 
Be it enacted, etc., as folloivs : 

Section one hundred and seventy-nine of chapter one Examination of 
hundred and twelve of the Public Statutes, relating to eosforcoi"? "^' 
color blindness of railroad employees, is hereby amended ^''"<^"''^*- 
by striking out the word " within," in the third line, and the 
words "two years next preceding," in the fourth line ; 
also in lines seven, eight and nine the words " and every 
railroad corporation shall require such employee to be re- 
examined, at its expense, at least once within every two 
years." Approved April 11, 1883. 



416 



1883. — Chapters 126, 127, 128. 



Cha2).12(j 



Amount neces- 
sary for re-insur- 
ance of outstand- 
ing rislis, to be 
coMiputi-ci upon 
a new basis. 



An Act to change the basis upon avhich the insurance 
commissioner shall compute the amount necessary to re- 
INSURE outstanding RISKS OF MARINE INSURANCE COMPANIES. 

Be it enacted^ etc., as follows: 

Section 1. Section eleven of chapter one hundred and 
nineteen of the Public Statutes is amended so as to read 
as follows : " Section 11. When in determining the lia- 
bilities of an insurance company, it is necessary to ascer- 
tain the amount necessary to re-insure all its outstanding 
risks, he shall compute the same by taking fifty per cent, 
of the amount of premium written in its policies upon out- 
standing fire and inland risks, and sixty per cent, of the 
amount of premium written in its marine policies upon 
yearly risks and risks covering more than one passage, 
not terminated, and the full amount of premium written in 
its policies upon all other marine risks not terminated." 

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

Apjrroved April 11, 1883. 



Chap. 



127 ■^'^ -'^CT DEFINING THE MEANING OF THE TERM 
NESS " IN CERTAIN CASES. 



NET INDEBTED- 



The term " net 
indebtedness," 
defined. 



-Be it enacted, etc., as follows : 

Section 1. The term "net indebtedness," used ot 
city, town or district in any statute limiting or regulating 
the investment of sinking, trust and other funds of the 
Commonwealth, the deposits in savings banks and trust 
companies or other like funds shall be construed to denote 
the indebtedness of such city, town or district omitting 
debt created for supplying the inhabitants with water and 
deducting the amount of sinking funds available for the 
payment of such indebtedness. 

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

Approved April 11, 1883. 



Cliaj). 



Time extended 
for transfer of 
land. 



1^28 -^^ ^^"^ '^^ EXTEND THE TIME FOR THE TRANSFER OF LAND ON 
'" THE BACK BAY IN BOSTON, FOR THE USE OF THE STATE NORMAL 

ART SCHOOL. 

Be it enacted, etc., as follows: 

Section 1. The provisions of chapter two hundred and 
twenty-three of the acts of the year eighteen hundred and 
eighty, relating to the transfer of land on the BackBayin 
Boston to the state board of education for the use of the 
state normal art school, are hereby extended and con- 
tinued in force for a further term of three years from the 



1883. — Chapter 129. 417 

date of the expiration of the limitation in the act above 
cited. 

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

\_The foregoing was laid before the Governor on the ninth day 
of April, 1883, and after five days it had the '•'■force of a law" 
as prescribed by the Constitutioyi, as it was not returned by him 
with his objections within that ii'me.] 

An Act to authorize the Worcester and Nashua railroad njinji ^29 

COMPANY to unite WITH THE NASHUA AND ROCHESTER RAIL- J- ' 

ROAD. 

Be it enacted, etc., as follows: 

Section 1. The Worcester and Nashua Eailroad Com- May unite at 
pany, incorporated by chapter one hundred and two of the Ave years.^' 
acts of the year eighteen hundred and forty-five, is hereby 
authorized at any time within five years from the passage 
of this act to unite with the Nashua and Rochester Rail- 
road, a corporation incorporated by the legislature of the 
state of New Hampshire, upon condition that the holders 
of shares of the capital stock in the said corporations may, 
upon surrender of such shares, receive in lieu thereof cer- 
tificates for an equal number of shares in the corporation 
to be established under this act, and upon such other 
equal terms for each such share as may be mutually agreed 
upon, subject to the provisions of this act, by the written 
assent or by vote of a majority in interest of the stock- 
holders of each of said corporations at meetings duly 
called for that purpose ; and such written assent or votes 
so passed by said corporations respectively, shall be effect- 
ual to unite said corporations within the intent and mean- 
ing of this act ; and the corporation so established shall Powers and 
have all the powers and privileges, and be subject to all *^""*^*' 
the duties and liabilities set forth in the Public Statutes, 
and in all general laws that now are or may hereafter be 
in force relating to railroad corporations. 

Section 2. If such union takes place as is provided Newcorpora- 
for in this act, the corporation so established shall have, proVerty?fran- 
hold and possess all the powers, privileges, rights, fran- exlsting^corpo^- 
chises, property, claims and demands which at the time of rations. 
such union may be held and enjoyed by the said existing 
corporations, and be subject to all the duties, restrictions, 
obligations, debts and liabilities to which at the time of 
the union either of said corporations is subject ; and all 
suits at law or in equity, and all proceedings before any 
tribunal which may be pending, to which either corpora- 



418 



1883. — Chapter 129. 



First meeting of 
existing corpo- 
rations for pur- 
pose of effecting 
union. 



Corporations to 
continue until 
union is per- 
fected. 



Name of new 
corporation. 



tion is a party, may be prosecuted and defended by the 
corporation hereby authorized to be established in the 
same manner and with the same effect as might have been 
done had such union not been formed. All claims and 
contracts, and rights and causes of action at law or in 
equity of or against either corporation, may be enforced 
by suit or action to be commenced and prosecuted by or 
against the corporation to be established under this act as 
aforesaid. 

Section 3. The first meeting of the corporation hereby 
authorized to be established may be called by the presi- 
dents of the said existing corporations or by either of 
them, and fourteen days notice shall be given of the time 
and place of said meeting, by publication in one or more 
newspapers in Boston and Worcester, and in Nashua 
and Rochester in the state of New Hampshire ; and at 
said meeting persons and corporations holding stock in 
either of the component corporations shall be entitled to 
one vote for each share of capital stock held by them. 
The officers respectively of the said existing corporations 
shall continue to exercise in behalf of the corporation so 
established all the rights and powers which they now ex- 
ercise till the said new corporation shall be organized. 

Section 4. After the organization of the corporation 
established under this act, each of the said existing corpo- 
rations shall continue for the purpose of perfecting the 
said union, and doing all such acts and things, if any, as 
may be necessary therefor, and shall execute all such 
transfers, assignments and conveyances as the corporation 
established under this act may deem necessary or ex- 
pedient to cause to vest in itself any property, estates, 
contracts, rights or claims, if any there be, which do not 
vest in it by authority of this act. 

Section 5. The corporation established as aforesaid 
shall be called the Worcester, Nashua and Rochester Rail- 
road Company, or by such other name as the directors of 
the said existing corporations may deem best ; and the 
capital stock of the said new corporation shall not exceed 
the capital stock of both the existing corporations as here- 
tofore authorized by the legislatures of this Commonwealth 
and of the state of New Hampshire. 

Section 6. This act shall take effect upon its passage. 

[ The foregoing teas laid before the Governor on the tenth day 
of Aprils 1883, and after five days it had the ^^ force of a law" 



1883. — Chaptees 130, 131. 419 

as prescribed by the Constitution, as it ivas not returned by him 
with his objections tvithin that time.^ 

An Act to relieve the city of Springfield and the toavns QJian.lSO 

OF west SPRINGFIELD AND AGAAVAM FROM CERTAIN FORFEIT- ^ ' 

ures. 
Be it enacted, etc., as folloivs: 

Section 1. The city of Springfield, the towns of West ^"^^"^^^^ ,!|:°i^ 
Springfield and Agawam, are relieved from all forfeitures ures. 
that may have been heretofore incurred by reason of non- 
compliance with the provisions of section twenty-six of 
chapter fifty-three of the Public Statutes. 

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

Ajyproved April IS, 1SS3. 

An Act authorizing the toavn of waltham to lay out and (JJiapASl 

CONSTRUCT a TOWNWAY THROUGH A CEMETERY. 

Be it enacted, etc., as folloivs: 

Section 1. The selectmen of the town of Waltham are selectmen may 
hereby authorized to lay out a townway for the use of said wayThrough a' 
town in, upon and through so much of the enclosure now «=''™^^''''>'- 
used for the burial of the dead in said town, known as the 
Church Street Catholic Cemetery, and adjoining Church 
street, so called, on the easterly side thereof, as shall be 
necessary in order to widen said street adjoining said en- 
closure, on the side of said street next to said enclosure, 
to the width of forty-six feet, measuring from the westerly 
line of said street as now located ; and said town is hereby 
authorized to accept and allow such laying out, and to 
establish the townway so laid out, at a public meeting of 
the inhabitants of said town regularly warned and notified 
therefor, and to construct said townway if the laying out 
of the same is accepted and allowed as aforesaid. 

Section 2. The selectmen of said town shall fix the toRx time for 
time for removing the bodies of deceased persons buried [es™ 
within the limits of the townway hereby authorized to 
be laid out, and shall give notice thereof, by posting up 
notices in three public places in said town, thirty days at 
least before the time fixed for said removal, and by pub- 
lishing said notice three weeks successively in one Aveokly 
and one daily newspaper, printed in the county of Middle- 
sex, the last publication to be ten days at least before the 
time fixed for said removal ; and also by mailing a copy 
of said notice to the friends or next of kin of such deceased 
persons, whose residence is known. 



emoval of bod- 



420 



1883. — Chapter 132. 



Town to cause 
all bodies to be 
removed before 
townway is laid 
out. 



Damages and ex- 
penses of remov- 
al and re-inter- 
ment. 



May raise 
money, etc. 



Section 3. The said town, before it constructs said 
townway hereby authorized to be laid out, or enters upon 
the same for the purpose of constructing it, shall remove, 
or cause to be removed, all bodies of deceased persons 
buried within the limits of the townway hereby authorized 
to be laid out, to some other part of said enclosure, or to 
the enclosure now used for the burial of dead, situated in 
said town, and known as Calvary Cemetery, and re-inter 
the same therein, which removal and re-interment said 
town is hereby authorized to make. 

Section 4. In addition to the damages required by 
law to be awarded in the laying out of townways, said 
town shall pay all the expenses of said removal and re- 
interment, including the expense of purchasing new lots 
or lot for the re-interment of said bodies ; and for the pay- 
ment of said expenses said town is hereby authorized to 
grant, vote and raise by taxation or otherwise, such sums 
as it shall judge necessary therefor. 

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

Approved April 18, 1883. 



Water supply 
for town of Cot- 
tage City, 



May take and 
hold water of 
Norton's Pond. 



ChcipAS2 An Act to supply the toant* of cottage city with water. 
Be it enacted, etc., as follows: 

Section 1. The town of Cottage City may supply it- 
self and its inhabitants with water for the extinguish- 
ment of fires and for domestic and other purposes ; may 
establish fountains and hydrants, re-locate or discontinue 
the same ; may regulate the use of such water, and fix and 
collect rates to be paid for the use of the same. 

Section 2. The said town for the purposes aforesaid 
may take, by purchase or otherwise, and hold the water 
of Norton's Pond, so called, with the water rights con- 
nected therewith, and of any other water sources within 
the limits of said town, and the water rights connected 
with an}'' such water sources, and also all lands, rights of 
way and easements, necessary for holding and preserving 
such water, and for conveying the same to any part of said 
town ; and may erect on the land thus taken or held, 
proper dams, buildings, fixtures and other structures, and 
may make excavations, procure and operate machinery, 
and provide such other means and appliances as may be 
necessary for the establishment and maintenance of com- 
Mayconstract pletc aiid cffectivc watcr works ; and may construct and 
conduus, pTpIs, lay down conduits, pipes and other w^orks under or over 

and other works. 



1883. — Chapter 132. 



421 



any lands, water courses, railroads, or public or private 
ways, and along any such way, in such manner as not un- 
necessarily to obstruct the same ; and for the purpose of 
constructing, maintaining and repairing such conduits, 
pipes and other works, and for all proper purposes of this 
act, said town may dig up any such hinds or ways, in such 
manner as to cause the least hindrance to public travel 
on such ways. 

Section 3. The said town shall within sixty days after 
the taking of any lands, rights of way, water rights, water 
sources or easements as aforesaid, other than by purchase, 
file and cause to be recorded in the registry of deeds for 
the county within which such lands or other property is 
situated, a description thereof sufiiciently accurate for iden- 
tification, with a statement of the purpose for which the 
same were taken, signed by the water commissioners here- 
inafter provided for. 

Sectiox 4. The said town shall pay all damages sus- 
tained by any person in property by the taking of any land, 
right of way, water, water source, water right or easement, 
or by any other thing done by said town under the author- 
ity of this act. Any person, sustaining damages as afore- 
said under this act, who fails to agree with said town 
as to the amount of damages sustained, may have the 
damages assessed and determined in the manner provided 
by law when laud is taken for the laying out of high- 
ways, on application at any time within the period of 
three years from the taking of such land or other property, 
or the doing of other injury, under the authority of this 
act ; but no such application shall be made after the ex- 
piration of said three years. No application for assessment 
of damages shall be made for the taking of any water, 
water right, or for any injury thereto, until the water is 
actually withdrawn or diverted by said town under the 
authority of this act. 

Section 5. The said town may, for the purpose of 
paying the necessary expenses and liabilities incurred 
under the provisions of this act, issue, from time to time, 
bonds, notes or scrip, to an amount not exceeding in the 
aggregate fifty thousand dollars ; such bonds, notes and 
scrip shall bear on their face the words "Cottage City 
Water Loan ;" shall be payable at the expiration of periods 
not exceeding thirty years from the date of issue; shall 
bear interest payable semi-annually, at a rate not exceed- 



A description of 
land, etc , taken, 
to be filed and 
recorded in the 
registry of 
deeds. 



Damages to be 
paid by the 
town. 



Application for 
damages not to 
be made until 
water is actually 
taken. 



Cottage City 
water loan. 



422 



1883. — Chapter 132. 



Sinking fund to 
be provided. 



Money Bufficient 
for annual ex- 
penses and in- 
terest to be 
raised by taxa- 
tion. 



Penalty for di- 
verting or pol- 
luting water. 



Board of water 
commissioners 
to be elected. 



Powers. 



ing six per centum per annum, and shall be signed by the 
treasurer of the town, and be countersigned by the water 
commissioners hereinafter provided for. The said town 
may sell such securities at public or private sale, or pledge 
the same for money borrowed for the purposes of this act, 
upon such terms and conditions as it may deem proper. 
The said towu shall provide, at the time of contracting 
said loan, for the establishment of a sinking fund, and shall 
annually contribute to such fund a sum sufficient, with the 
accumukitions thereof, to pay the principal of said loan at 
maturity. The said sinking fund shall remain inviolate 
and pledged to the payment of said loan, and shall be used 
for no other purpose. 

Section 6. The said town shall raise annually by tax- 
ation a sum which, with the income derived from the 
water rates, will be sufficient to pay the current annual 
.expenses of operating its water works, and the interest as it 
accrues on the bonds, notes and scrip issued as aforesaid 
by said town, and to make such contributions to the sink- 
ing fund and payments on the principal as may be required 
under the provisions of this act. 

Section 7. Whoever wdlfuUy or wantonly corrupts, 
pollutes or diverts any of the waters taken or held under 
this act, or injures any structure, work or other property 
owned, held or used by said town under the authority and 
for the purposes 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 wilful or wanton acts shall be pun- 
ished by a fine not exceeding three hundred dollars or by 
imprisonment not exceeding one year. 

Section 8. The said town 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 ex- 
piration of three j^ears, one until the expiration of tw^o 
years, and one until the expiration of one year from the 
next succeeding annual town meeting, to constitute a board 
of water commissioners ; and at each annual 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 
provided for, shall be vested in said board of water com- 
missioners, who shall be subject, however, to such instruc- 
tions, rules and regulations as said town may impose by 



1883. — Chapters 133, 134, 135. 



423 



its vote ; the said commissioners shall be trustees of the 
sinking fund herein provided for, and a majority of said 
commissioners shall constitute a quorum for the transaction 
of business relative both to the water works and to the sink- 
ing fund. Any vacancy occurring in said board from any vacancy. 
cause may be filled for the remainder of the unexpired 
term, by said town, at any legal town meeting called for 
the purpose. 

Section 9. This act shall take effect upon its accep- subject to accep 
tance by a two-thirds vote of the voters of said town, pres- [birds vote!^°' 
ent and voting thereon at a legal town meeting called for 
the purpose, within three years from its passage ; but the 
number of meelings so called in any year shall not exceed 
three. Apjyroved April 18, 1883. 



Chap.lSS 



An Act in regard to appeals from orders passed by boards 

OF health. 

Be it enacted, etc., as follows: 

Section 1. Section eio;hty-eight of chapter eighty of Appeals from 

i-r-«ii-r-. 1. If t 1 orders passed by 

the Public Statutes, relatins: to appeals from orders passed boards of health. 
by boards of health, is amended by inserting after the word • • >« • 
" where," in the fourth line thereof, the following words : 
— " the premises are located with reference to which." 
Section 2. This act shall take effect upon its passage. 

Approved April 18, 1883. 

An Act to authorize savings banks and institutions for ni^ny) 1 ^4 

SAVINGS to invest IN THE BONDS AND NOTES OF THE OLD COL- J- ' 

ONY RAILROAD COMPANY. 

"Be it enacted, etc., as follows: 

Section 1. Savings banks and institutions for savings savings banks 
may invest in bonds or notes of the Old Colony Railroad ™Jlfd8','etc.,'of 
Company issued according to law notwithstanding the ^j^^coiony Rail- 
mortgages on that part of its railroad formerly belonging 
to the Boston, Clinton, Fitchburg and New Bedford Kail- 
road Company. 

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

Approved April 18, 1883. 



An Act concerning commissioners of sinking funds in the 
city of brockton. 

Be it enacted, etc., as follows: 

Section 1. Whenever the city of Brockton shall elect cor 
a board of commissimiers of sinking funds in accordance h[ Br^kton""^* 
with the provisions of section ten of chapter twenty-nine 



CMp.Vd5 



immissioners 



424 



1883. — Chapters 136, 137, 138. 



Chap.lSG 



School commit- 
tee and assistant 
assessors in 
Brockton. 



of the Public Statutes, all the powers and authority now 
vested in the board of water commissioners of said city as 
trustees of the sinkino- fund relatins; to the Brockton water 
loan shall be transferred to and vest in the said board of 
sinking fund commissioners. 

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

Approved April 23, 1883. 

An Act to amend the charter of the city of brockton rela- 



tive TO THE 

assessors. 



election of school committee and assistant 



To take effect 
upon accept- 
ance. 



Be it enacted, etc., as follows: 

Section 1. Section twenty-three of chapter one hun- 
dred and ninety-two of the acts of the year eighteen hun- 
dred and eighty-one entitled "An Act to establish the 
city of Brockton," is hereby amended by striking out all 
of said section after the word " annual," in the third line, 
and substituting in place thereof the words " election, 
the vacancies occurring by such failure shall be filled in 
the case of the school committee by a joint ballot of the 
city council and school committee, and in the case of the 
assistant assessors by a joint ballot of the city council." 

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

Approved April 23, 1883. 



Cliaj) 



237 -^N Act to authorize the town of nahant to supply its in- 
habitants WITH water for domestic PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The town of Nahant may supply its in- 
habitants with water for domestic purposes, from any 
water sources belonging to said town : provided, that 
nothing herein contained shall authorize the taking of any 
land for such purpose. 

Section 2. The selectmen of said town may regulate 
the use of such water, and establish and collect rates to be 
paid for the use of the same. 

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

Approved April 23, 1883. 

iQQ An Act relative to notices from local boards of health 
in cases of small-pox. 

Be it enacted, etc., as follows: 
Boards of health Section 1. When the board of health of any city or 
boar°d'of cifes of towii has had notice of the occurrence of a case of small- 

small-pox. 



Water supply 
for Nahant. 



Selectmen to 
make regula- 
tions. 



Chap 



1883. — Chapters 139, 140. 



425 



Chap.ldd 



pox in such city or town, such board of health shall, 
within twenty-four hours after the receipt of such notice, 
notify the state board of health, lunacy and charity of the 
same. 

Section 2. If the board of health of the city or town, Town to forfeit 

,., /"ii 1 1^ claim for expen- 

in which a case oi small-pox has occurred, retuses or ueg- ees if notice is 
lects to send a notice as required in section one, such city °° ^'^®"' 
or town shall forfeit its claim upon the Commonwealth, 
for the payment of any expenses which may be incurred, 
as provided in section eighty-three of chapter eighty of 
the Public Statutes. Approved April 23, 1883. 

An Act to change the name of the quannapowitt water 
company and to authorize said corporation to issue bonds 
and to secure the same by mortgage. 

Be it enacted, etc. , as follows : 

Section 1. The corporate name of the Quannapowitt Name changed. 
Water Company, incorporated by chapter three hundred 
and thirty-live of the acts of the year eighteen hundred 
and seventy-two, is hereby changed to the "Wakefield 
Water Company." 

Section 2. The said corporation may issue bonds and May issue bonds 
secure the same by a mortgage on its franchise and other nwriagr^^ 
property to an amount not exceeding two hundred thou- 
sand dollars. 

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

\_The foregoing was laid before the Governor on the eighteenth 
day of April, 1883, and after five days it had the '"'• force of a 
law," as pjrescrihed by the Constitution, as it was not returned by 
him with his objections within that time.'] 



An Act in relation to warren bridge. 
Be it enacted, etc., as follows: 

Section 1. The city of Boston may make such changes 
in the location of Warren Bridge, or any part thereof, and 
the approaches thereto, as the public convenience and 
necessity may require ; and may re-construct said bridge 
with a width not exceeding eighty feet, or construct a new 
bridge and approaches thereto not exceeding the aforesaid 
width in any new location so made ; and for such pur- 
poses the said city may take lands and other property as 
it may deem necessary. 

Section 2. All the right, title and interest of the 
Commonwealth in and to the said Warren Bridge, the 
approaches thereto, and the materials of which it is com- 
posed, are hereby transferred to the city of Boston. 



CJiap.UO 



Location may be 
changed. 



Old bridge may 
be re-construct- 
ed or new bridge 
built. 



Common- 
wealth's right 
transforred to 
city of Boston. 



426 



1883. — Chapters 141, 142. 



Subject to p. 8. 
19. 



A description of 
land taken to be 
filed and re- 
corded in the 
registry of 
deeds. 



Liability for 
damages. 



Chap.Ul 



Time extended 
tor erection of 
library building. 



Chap 



ConveyanceB 
maybe recorded 
in records of 
corporation. 



Sectiox 3. In the exercise of the powers granted by 
this act, the city of Boston shall be subject to the provis- 
ions of chapter nineteen of the Public Statutes, and to all 
general laws applicable thereto. 

Section 4. The said city shall, within thirty days 
after it takes any land under this act, file in the registry 
of deeds for the county of Suffolk, and cause to be re- 
corded therein, a description of the laud so taken as cer- 
tain as is required in a conveyance of land, with a state- 
ment of the purpose for which such 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 dam- 
ages sustained by any person in his property by reason of 
the taking of land or other property as aforesaid, and in 
case the parties cannot agree, the damages shall be assessed 
by a jury at the bar of the superior court for the county 
of Suffolk on petition, to be filed in the office of the clerk 
of said court within two years next succeeding the filing 
of the description before mentioned, and sections twenty- 
eight and twenty-nine of chapter forty-nine of the Public 
Statutes shall apply to the assessment of damages under 
this act. 

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

Approved April 21, 1883. 

An Act relating to the libiit of time for the erection of 
a library building by the city of boston. 

Be it enacted, etc., as follows: 

Section 1. The provisions of chapter two hundred and 
twenty-two of the acts of the year eighteen hundred and 
eighty, relating to the grant of land on the Back Bay to 
the city of Boston for the purpose of erecting thereon a 
building for the public library, are hereby extended and 
continued in force for a further term of three years from 
the date of the expiration of the time limited in the act 
above cited. 

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

Approved Ap)ril 21, 1883. 

1 ^o An Act to amend section six of chapter eighty-two of the 

PUBLIC STATUTES, RELATIVE TO RECORDING CONVEYANCES OF 
LOTS IN CEMETERIES, AND FOR OTHER PURPOSES. 

Be it enacted, etc., asfoUoivs: 

Section 1. Section six of chapter eighty-two of the 
Public Statutes is hereby amended by striking out after 



1883. — Chapter 143. 



427 



the word "cemetery," in the third line thereof, the words 
"made by the corporation to its individual members or 
other persons." 

Section 2. The records of all conveyances of burial Records hereto- 

1 /• I'll ^°''® "lade, con- 

lots which have been heretofore entered m books reg- firmed. 

ularly kept for that purpose by any cemetery corporation 

created by special charter or organized under the general 

laws shall have and be of the same force and effect as if 

made in the registry of deeds for the county or district 

where such cemetery is situated, and no other record shall 

be deemed necessary : provided, that this act shall not Proviso. 

affect or take away any rights acquired or vested under 

laws heretofore existing. 

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

Approved April 23 ^ 1883. 



An Act to authorize the city of i.owell to abate a nuisance (JJiap.l^^ 

BY THE discontinuance OF RICHARDSON BROOK. ■'■ 

Be it enacted, etc. , as follows : 

Section 1. For the purpose of abating the nuisance in Nuisance in 
the city of Lowell caused by " Richardson's Brook," so abaTed.™''^ 
called, the said city is hereby authorized to divert the waters 
of said brook from their present channel and convey them, 
from a point on Hildreth Street, by means of a sewer or 
sewers to the Merrimack River. 

Section 2. The said city shall pay all damages sustained Liability for 
by any person in property by the diversion of the waters 
of said brook, or by the construction of such sewer or 
sewers, or in any other way by anything done by said city 
under the authority of this act. Any person sustaining 
damajres as aforesaid under this act who fails to a2;ree with 
said city as to the amount of damages sustamed, may 
have the damages assessed and determined in the manner 
provided by law when land is taken for the laying out of 
highways, on application at any time within the period of 
one year from the diversion of the waters of said brook 
or the doing of other injury under the authority of 
this act ; but no such application shall be made after the 
expiration of said one year. 

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

Approved April 23, 1883. 



428 



1883. — Chapter U4. 



Chap.lU 



Nuisance in 
Boston may be 
abated. 



Grade not to be 
less than ten 
feet above mean 
low water. 



Order to be 
made in writing 
and served upon 
the record 
owner. 



City may fill up 
territory if 
owner fails to 
comply within 
thirty days. 



Expense of fill- 
ing to be a lien 
upon territory. 



Apportionment 
of expense. 



An Act to ab.\te a nuisance in the city of boston and for 

TUE preservation OF THE PUBLIC HEALTH IN SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. The board of health of the city of Boston 
may order any or all the owners of the tlats and of the 
creek connected therewith of Prison Point liay, so called, 
situated in that part of Boston called Charlestown and 
lying north of the Fitchburg railroad and the old state 
prison gronnds west of Canal street south of Caml^ridge 
street and north and east of the boundary line between 
Boston and Somerville, to fill up their said flats, basin and 
creek with good earth or other suitable material, to a 
grade not less than ten feet above mean low water, in order 
to secure the abatement of the existing nuisance therein, 
and for the ^jreservation of the public health of said city, 
and may also direct in such orders within what time any 
specific portion thereof shall be tilled. 

Section 2. Such orders shall be made in writing and 
served by any person competent to serve a notice in a civil 
suit personally on the record owner, or a copy of the or- 
der may be left at the last and usual place of abode of 
such owner if he is known and within the state. If he is 
unknown or without the state the notice may be served by 
advertising in one or more public newspapers published in 
Boston in such manner and for such length of time as the 
board of health of said city may direct. 

Section 3. If any owner of any portion of the terri- 
tory described in the first section of this act fails to begin 
to comply with any such order within thirty daj's after 
service of the notice aforesaid, or fails after such besfin- 
ning to continue to the satisfaction of said board of health, 
the said board shall so determine, and thereupon the city 
of Boston shall fill up the said territory or portion thereof 
as hereinafter required, and all expenses incurred thereby 
shall constitute a lien upon said territory or upon the por- 
tion thereof so filled, and upon the land made by said fill- 
ing and upon all buildings thereon Avhich may be assessed 
by the board of aldermen of said city of Boston, and the 
assessment so made with the charges foi* cost and interest 
may be enforced and collected by the city collector of said 
city, in the manner provided by law for the collection of 
taxes upon real estate. 

Section 4. If the owner or owners of any land so as- 
sessed for such expenses desire to have the amount of said 



1883. — Chapter 1M. 429 

assessment apportioned, he or they shall give notice thereof 
in writing, to the board of aldermen of said city, at any 
time l)efore a demand is made upon him or them for the 
payment thereof; and said board shall thereupon appor- 
tion said amount into three equal parts, which apportion- 
ment shall be certified to the assessors of said city ; and 
the said assessors shall add one of said equal parts, with 
six per cent, interest thereon, to the annual tax of said 
land each year, for the three years next ensuing. 

Section 5. If the owner or owners of any parcel of Owners dissatis- 
land, the grade of which is raised under the third section ment of expen- 
of this act, is dissatisfied with the assessment of the ex- for a'jury!''' ^ 
penses of raising the grade of his or their land, he or they 
may, within twelve months after receiving notice of such 
assessment, apply for a jury, by petition to the superior 
court for the county of Suftblk, and have the expenses as- 
sessed in the same manner as betterments for the laying 
out of streets and highways in the county of Suffolk may 
be assessed. 

Section 6. If the jury do hot reduce the amount of ^3°°^®'"^°^ 
the assessment complained of, the respondent shall recov- 
er costs against the petitioner, which costs shall be a 
lien upon the estate and be collected in the same manner 
as the assessment ; but if the jury reduce the amount of 
the assessment the petitioner shall recover costs ; and all 
assessments shall be a lien on the estate for one year 
after the final judgment in any suit or proceeding where 
the amount or validity of the same is in question, and shall 
be collected in the same manner as orio'inal assessments. 

Section 7. Said city may construct and maintain city may con. 
such sewers in the territory mentioned in section one of tain Bewers?'*"*" 
this act as it deems the public health and convenience re- 
quire, and shall not obstruct the running off of the sur- 
face water naturally flowing into the territory authorized 
to be filled by this act, nor the water flowing into the 
same through any creek or other natural water course. 

Section 8. The said city of Boston may lay or per- May lay railway 
mit to be laid railway tracks through or across its streets, streets, etc."^ 
and maintain or permit them to be maintained so long as 
may be necessary for transporting earth and other mater- 
ial to fill up the territory as herein provided. 

Section 9. All filling and grading done under this work to be 
act shall be done within two years from the passage here- years.^'' '° '^^ 
of. 



430 



1883. — Chaptees 145, 146, 147. 



Repeal of 1881, 
238. 



Chap.l4:5 



Redemption of 
real estate sold 
for non-payment 
of sewer assess- 
ments. 
P. 8. 50. § 5. 



Section 10, Chapter two hundred and thirty-eight of 
the acts of the year eighteen hundred and eighty-one is 
hereby repealed. 

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

Approved April 24, 1883. 

An Act providing for the redemption of real estate sold for 
non-payment of sewer assessments. 

Be it enacted, etc., as folloivs: 

Section five of chapter fifty of the Public Statutes, re- 
lating to sewer assessments constituting a lien upon real 
estate, is hereby amended by adding thereto the following 
clause, viz. : " and real estate so sold may be redeemed 
the same as if sold for the non-payment of taxes and in 
the same manner." Approved April 24, 1883. 

(77itt7).146 -^^ -^^"^ '^^ AUTHORIZE THE TOWN OF WIXTHKOP TO BUILD A 
■^ ' BRIDGE ACROSS TIDE WATER IN SAID TOAVN. 

Be it enacted, etc., as follows : 

Section 1. The town of Winthrop may lay out a 
highway from the junction of Pleasant and Winthrop 
streets to Shirley street in said town, and may build and 
maintain a free public bridge where said highway crosses 
an inlet or arm of the sea, subject to the approval of the 
board of harbor and land commissioners as regards the lo- 
cation of said highway where it crosses tide waters, and 
as regards the manner of constructing said^bridge, and 
subject to the provisions of all general laws applicable 
thereto. 

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

Approved April 24, 1883. 



Town may build 
bridge across 
tide water, sub- 
ject to approval 
of commission- 
ers. 



Chap.U7 



Charter amend- 
ed. 
1874, 96, § 2. 



An Act amending the charter of the father matthew 
temperance benefit society, in the city of [lawrence, in 
relation to its capital stock and liability. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter ninety-six of the 
acts of the year eighteen hundred and seventy-four, fix- 
ing the limit of the capital stock of the Father Matthew 
Catholic Temperance Benefit Society, in the city of Law- 
rence, at twenty-five thousand dollars, and the par value 
of its shares at twenty-five dollars, and providing that 
said corporation shall incur no liability until five thousand 
dollars of its capital stock has been paid in in cash, is 



1883. — Chaptees 14:8, 149. 



431 



amended by striking out in the second line the words 
"twenty-five thousand," and insertiug in phice thereof the 
words " ten thousand ; " by striking out in the third line the 
word " twenty-live," and inserting in place thereof the 
word " ten ; " and by striking out in the seventh line the 
words "five thousand," and inserting in place thereof the 
words " one thousand." 

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

Approved April 24, 1S83. 

An Act to proviue for the support of the criminal insane CJicin.\4S 

BY THE COMMONWEALTH. -^ 

Be it enacted, etc., as follows : 

Section 1. When a state prison convict is committed 
to a state lunatic hospital the charges for his support shall 
be paid by the Connuonwealth, until the expiration of his 
term of sentence to the state prison. 

Section 2. When a person held in prison on a charge 
of felony is committed to a state lunatic hospital under 
the provisions of sections fifteen or thirty of chapter two 
hundred and thirteen or of sections sixteen, nineteen or 
twenty of chapter two hundred and fourteen of the Public 
Statutes, the charges for his support therein shall be paid 
by the Commonwealth. 

Section 3. The provisions of this act shall apply to 
such commitments already made. 

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

Approved April 24, 1883. 

An Act to supply the town of iiuuson with water. 
Be it enacted, etc., as folloivs : 

Section 1. The town of Hudson may supply itself water supply 
and its inhal)itants with water for the extinguishment of Iou!°^°°^^" " 
fires and for domestic and other purposes ; may estalilish 
fountains and hydrants, re-locate or discontinue the same ; 
may regulate the use of such Avater, and fix and collect 
rates to be paid for the use of the same. 

Section 2. The said towm for the purposes aforesaid May take water 
may take, by purchase or otherwise, and hold the waters inTerlin!* 
of Gates Pond, so called, in the town of Berlin, in the 
county of Worcester, and the waters which flow into and 
from the same, together with any water rights connected 
therewith, and also all lands, rights of way and easements, 
necessary for holding and preserving such water, and for 



Support of state 
prison convict in 
state lunatic hos- 
pital. 



Support of pris- 
oner on a 
charge of felony 
ill state lunatic 
hospital. 



To apply to 
commitments 
already made. 



Chap.U^ 



432 



1883. — Chapter 149. 



Maj' conetruct 
and lay down 
conduits, pipes, 
and other 
works. 



A description of 
the lands, etc., 
tafien, to be liled 
and recorded in 
the registry of 
deeds. 



Damages to be 
paid by the 
town. 



Application for 
damages not to 
be made until 
■water is actually 
taken. 



conveying the same to any part of said town of Hudson ; 
and may erect on tlie land tlms taken or held proper dams, 
buildings, fixtures and other structures, and may make 
excavations, procure and operate machinery, and provide 
such other means and appliances as may be necessary for 
the estal)lishnient and maintenance of complete and eflec- 
tive water works ; and may construct and lay down con- 
duits, pipes and other works under or over any lands, 
water courses, railroads, or public or private ways, and 
along any such way, in such manner as not unnecessarily 
to obstruct the same ; and for the purpose of construct- 
ing, maintaining and repairing such conduits, pipes and 
other works, and for all proper purposes of this act, said 
town may dig up any such lands or ways, in such manner 
as to cause the least hindrance to public travel on such 
ways. 

Section 3 The said town shall, within sixty days 
after the taking of any lands, rights of way, water rights, 
water sources or easements as aforesaid, otherwise than 
hy purchase, file and cause to be recorded in the registry 
of deeds for the county within which such lands or other 
property is situated, a description thereof sufficiently ac- 
curate for identification, with a statement of the purpose 
for which the same were taken, signed by the water com- 
missioners hereinafter provided for. 

Section 4. The said town shall pa}" all damages sus- 
tained by any person in property by the taking of any 
land, right of Avay, water, water source, w^ater right or 
easement, or by any other thing done by said town under 
the authority of this act. Any person sustaining dama- 
ges as aforesaid under this act, who fails to agree with 
said town as to the amount of damages sustained, may 
have the damages assessed and determined in the manner 
provided by law when land is taken for the laying out of 
highways, on application at any time within the period of 
three years from the taking of such land or other property, 
or the doing of other injury, under the authority of this 
act ; but no such application shall be made after the expi- 
ration of said three years. No applicati(jn for assessment 
of damages shall be made for the taking of any water, 
water right, or for an}' injury thereto, until the water is 
actually withdrawn or diverted by said town under the 
authority of this act. 

Section 5. The said town may for the purpose of 



1883.— Chapter 149. 



433 



paying the necessary expenses and liabilities incurred un- 
der the provisions of this act, issue from time to time 
bonds, notes or scrip, to an amount not exceeding in the 
aggregate seventy-five thousand dollars ; such bonds, notes 
and scrip shall bear on their face the words " Hudson 
Water Loan ;" shall be payal)le at the expiration of peri- 
ods not exceeding thirty years from the date of issue ; 
shall bear interest payable semi-annually at a rate not ex- 
ceeding six per centum per annum, and shall be signed 
by the treasurer of the town and be countersigned by the 
water commissioners hereinafter provided for. The said 
town may sell such securities at public or private sale, or 
pledge the same for money borrowed for the purposes of 
this act, upon such terms and conditions as it may deem 
proper. The said town shall provide, at the time of con- 
tracting said loan, for the establishment of a sinking fund, 
and shall annually contribute to such fund a sum sutficient, 
with the accumulations thereof, to pay the principal of 
said loan at maturity. The said sinking fund shall re- 
main inviolate and pledged to the payment of said loan, 
and shall be used for no other purpose. 

Section 6. The said town shall raise annually, by 
taxation, a sum which, with the income derived from the 
water rates, will be sufficient to pay the current annual 
expenses of operating its waterworks, and the interest as 
it accrues on the bonds, notes and scrip issued as aforesaid 
by said town, and to make such contributions to the sink- 
ing fund and payments on the principal as may be required 
under the provisions of this act. 

Section 7. Whoever wilfully or wantonly corrupts, 
pollutes or diverts any of the waters taken or held under 
this act, or injures any structure, work or other property 
owned, held or used by said town under the authority and 
for the purposes of this act, shall forfeit and pay to said 
town three times the amount of damages assessed there- 
for, to be recovered in an action of tort ; and upon con- 
viction of either of the above wilful or wanton acts shall 
be punished by a fine not exceeding three hundred dol- 
lars or by imprisonment not exceeding one year. 

Section 8. The said town shall, after its acceptance 
of this act, at a legal meeting called for the purpose, elect 
by l)allot three persons to hold office, one until the expi- 
ration of three years, one until the expiration of two 
years, and one until the expiration of one year from the 



Hudson Water 
Loan. 



Sinking fund to 
be provided. , 



Money sufficient 
for current ex- 
penses and in- 
terest to be 
raised annually, 
by taxation. 



Penalty for pol- 
luting or divert- 
ing water, or for 
injury to prop- 
erty. 



Board of water 
commissioners 
to be elected. 



434 



1883. — Chapter 150. 



Powers. 



Vacancy. 



Subject to ac- 
ceptance by a 
two-thirds vote. 



Chap.150 



Corporators. 



Name and pur- 
pose. 



Powers and du- 
ties. 



next succeeding annual town meeting, to constitute a 
board of water commissioners ; and at each annual 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 l)y this act and not otherwise 
specifically provided for, shall be vested in said board of 
water commissioners, who shall be subject, however, to 
such instructions, rules and regulations as said town may 
impose by its vote ; the said commissioners shall l)e trus- 
tees of the sinking fund herein provided for, and a majority 
of said commissioners 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 unex- 
pired term, by said town, at any legal town meeting called 
for the purpose. 

Section 9. 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 three years from its passage ; but the 
number of meetings so called iu any year shall not exceed 
three. Approved April 25, 1883. 

An Act to incorporate the farmers' and mechanics' savings 

BANK OF south FRAMINGHAM. 

Be it enacted, etc., as follows: 

Section 1. "VVillard Howe, George E. Cutler, Eleazer 
Goulding, Warren Whitney, Arthur C. Blanchard, Charles 

E. Cutler, Thomas L. Sturtevant, Charles D. Lewis, John 

F. Holbrook, James R. Entwistle, Willis M. Ranney, 
Leonard T. Morse, Edmund Dowse, Sidney A. Phillips, 
Frank Comee, Henry G. Eames, Franklin INIanson, D. T. 
Bridges, their associates and successors, are hereby made 
a corporation by the name of the Farmers' and Mechanics' 
Savings Bank, to be located in the village of South Fram- 
ingham, in the town of Framingham ; 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. 

\_The foregoing icas laid before the Governor on the eighteenth 
day of April 1883, and after Jive days it had the ^'^ force of a law," 
as jyrescribed by the Constitution, as it toas not returned by him 
with his objections ivithin that time.'] 



1883. — Chaptee 151. 



435 



Town may take 
and fill the Mill 
Poud. 



A deBcription of 
pond and land 
taken, to be filed 
and recorded in 
the registry of 
deeds. 



An Act to authorize the toavn of hingham to take and fill CJiav.1.51. 

THE " MILL POND " IN SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of filling the "Mill Pond," 
SO called, in the town of Hingham, said town may take, by 
purchase or otherwise, the said pond and the lands or flats 
in or under said pond, and fill and raise the same to such 
grade as may be deemed necessary or expedient. 

Section 2. The said town shall, within sixty days 
after the taking of said pond, lands or flats as aforesaid, 
otherwise than by purchase, file and cause to be recorded 
in the registry of deeds for the county within which such 
lands or other property is situated, a description thereof 
sufiiciently accurate for identification, with a statement of 
the purpose for which the same were taken, signed by the 
chairman of the board of selectmen, and the title of said 
lands or flats when filled shall vest in the town of Hing- 
ham in fee simple, and the said lands and flats may be sold 
and conveyed by said town in such manner as said town 
may determine. 

Section 3. The said town shall pay all damages sus- 
tained by any persons in property by the taking and filling 
of said pond, lands or flats, or by any other thing done by 
said town under the authority of this act. Any person 
sustaining damages as aforesaid under this act, who fails 
to agree with said town as to the amount of damages sus- 
tained, may have the damages assessed and determined in 
the manner provided by law when land is taken for the 
laying out of highways, on application at any time within 
the period of three years from the taking of such pond, 
lands or flats, or the doing of other injury, under the 
authority of this act ; but no such application shall be made 
after the expiration of said three years. 

Section 4. The said town shall construct and main- 
tain all necessary drains for the free passage of the water 
of natural streams now flowing into said Mill Pond. 

Section 5. The said town may, for the purpose of 
paying the necessary expenses and liabilities incurred under 
the provisions of this act, issue from time to time bonds, 
notes or scrip, to an amount not exceeding in the aggre- 
gate thirty thousand dollars ; such bonds, notes and scrip 
shall bear on their face the words " Hingham Improvement 
Loan " ; shall be payable at the expiration of periods not 
exceeding twenty years from the date of issue ; shall bear 



Liability for 
damages. 



Damages may be 
assessed by a 



May construct 
drains. 



Hingham Im- 
provement Loan. 



436 



1883. — Chapter 152. 



Sinkinsr fund to 
be provided. 



Money sufficient 
for interest, etc., 
to be raised an- 
nually, etc., by 
taxation. 



Subject to ac- 
ceptance by 
town by a ma- 
jority vote. 



interest payable semi-annually, at a rate not exceeding six 
per centum per annum, and shall be signed by the trea- 
surer and countersigned by the selectmen of said town. 
The said town may sell such securities at public or private 
sale, or pledge the same for money borrowed for the pur- 
poses of this act, upon such terms and conditions as it may 
deem proper. The said town shall provide at the time 
of contracting said loan for the establishment of a sinking 
fund, and shall annually contribute to such fund a sum 
sufficient, with the accumulations thereof to pay the prin- 
cipal of said loan at maturity. The said sinking fund 
shall remain inviolate and pledged to the payment of said 
loan, and shall be used for no other purpose. 

Section 6. The said town shall raise annually by tax- 
ation a sum which will be sufficient to pay the interest as 
it accrues on the bonds, notes and scrip issued as afore- 
said bj' said town, and to make such contributions to the 
sinking fund and payments on the principal as may be re- 
quired under the provisions of this act ; but said town shall 
not raise more than four thousand dollars in any one year 
to pay the principal of said loan, except in the year in 
which the same may become due. 

Section 7. This act shall take effect upon its passage ; 
but nothing shall be done, or any liability incurred, or any 
expenditure made under the same, except for preliminary 
surve3^s and estimates, until this act shall be accepted by 
a majority vote of the legal voters of said town, present 
and voting thereon at a leijal meeting called for that pur- 
pose, within three years from the date of its passage ; but 
the number of meetings so called in any year shall not ex- 
ceed three. Approved April 30, 1883. 



Ohcip.^52 An Act to supply the town of south abington with watek. 



Water supply 
for town of 
South Abington. 



May take water 
from Auburn- 
ville, Hobart's 
and Beech Hill 
Ponds, etc. 



Beit enacted, etc., as follows: 

Section 1. The town of South Abington may supply 
itself and its inhabitants with water for the extinguishment 
of tires and for domestic and other purposes ; may establish 
fountains and hydrants, re-locate or discontinue the same ; 
may regulate the use of such water, and tix and collect rates 
to be paid for the jse of the same. 

Section 2. The said town for the purposes aforesaid 
may take, by purchase or otherwise, and hold the water 
of one of the following sources of supply, Auburnville 
Pond, Hobart's Pond, Beech Hill Pond, or artesian avcUs, 



1883. — Chapter 152. 



437 



all within the town of South Abington, and the water 
rights connected with any such water sources, and also all 
lands, rights of way and easements, necessary for holding 
and preserving such water, and for conveying the same to 
any part of said town ; and may erect on the hind thus 
taken or held, proper dams, buiklings, fixtures and other 
structures, and may make excavations, procure and oper- 
ate machiner}'^, and provide such other means and appli- 
ances as may be necessary for the establishment and main- 
tenance of complete and effective water works ; and may 
construct and lay down conduits, pipes and other works 
under or over any lands, water courses, railroads, or pub- 
lic or private ways, and along any such way, in such man- 
ner as not unnecessarily to obstruct the same ; and for the 
purpose of constructing, maintaining and repairing such 
conduits, pipes and other works, and for all proper pur- 
poses of this act, said town may dig up any such lands or 
ways, in such manner as to cause the least hindrance to 
public travel on such ways. 

Section 3. The said town shall, within sixty days 
after the taking of any lands, rights of way, water rights, 
water sources or easements as aforesaid, otherwise than 
by purchase, file and cause to be recorded in the registry 
of deeds for the county within which such lands or other 
property is situated, a description thereof sufficiently ac- 
curate for identification, with a statement of the purpose 
for which the same were taken, signed by the water com- 
missioners hereinafter provided for. 

Section 4. The said town shall pay all damages sus- 
tained by any person in property by the taking of any 
land, right of way, water, water source, water right or 
easement, or by any other thing done by said town under 
the authority of this act. Any person sustaining dam- 
ages as aforesaid under this act, who fails to agree with said 
town as to the amount of damages sustained, may have 
the damages assessed and determined in the manner pro- 
vided by law when land is taken for the laying out of 
highways, on a})plication at any time within the period of 
three years from the taking of such land or other prop- 
erty, or the doing of other injury, under the authority of 
this act; but no such application shall be made after 
the expiration of said three years. No application for 
assessment of damages shall be made for the taking of 
any water, water right, or for any injury thereto, until 



May construct 
and lay clown 
conduits, pipes 
and other works. 



A description of 
land, etc , taken 
to be filed and 
recorded in the 
registry of 
deeds. 



Damages to be 
paid by the 
town. 



Application for 
daniatres not to 
be made until 
water is actually 
diverted. 



438 



1883. — Chapter 152. 



South Abington 
Water Loau. 



Sinking fund to 
be established. 



Payment of cur. 
rent annual ex- 
penses and in- 
terest. 



Penalty for pol- 
luting water or 
injuring prop- 
erty. 



Board of water 
conimissionors 
to be elected. 



the water is actually withdrawn or diverted by said town 
under the authority of this act. 

Section 5. The said town may, for the purpose of 
paying the necessary expenses and liabilities incurred 
under the provisions of this act, issue from time to time 
bonds, notes or scrip, to an amount not exceeding in the 
aggregate tifty thousand dollars ; such bonds, notes and 
scrip shall bear on their face the words " South Abington 
"Water Loan : " shall be payable at the expiration of peri- 
ods not exceeding thirty years from the date of issue ; 
shall bear interest payable semi-annually, at a rate not 
exceeding six per centum per annum, and shall be signed 
by the treasurer of the town and be countersigned by the 
water commissioners hereinafter provided for. The said 
town may sell such securities at public or private sale, or 
pledge the same for money borrowed for the purposes of 
this act, upon such terms and conditions as it may deem 
proper. The said town shall provide, at the time of con- 
tracting said loan, for the establishment of a sinking fund, 
and shall annually contribute to such fund a sum suffi- 
cient, with the accumulations thereof, to pay the principal 
of said loan at maturity. The said sinking fund shall re- 
main inviolate and pledged to the payment of said loan, 
and shall be used for no other purpose. 

Section 6. The said town shall raise annually by tax- 
ation a sum which with the income derived from the water 
rates, will be sufficient to pay the current annual expenses 
of operating its water works, and the interest as it accrues 
on the bonds, notes and scrip issued as aforesaid by said 
town, and to make such contributions to the sinkins; fund 
and payments on the principal as may be required under 
the provisions of this act. 

Section 7. Whoever wilfully or wantonly corrupts, 
pollutes or diverts any of the waters taken or held under 
this act, or injures any structure, work or other property 
owned, held or used by said town under the authority and 
for the purposes of this act, shall forfeit and pay to said 
town three times the amount of damages assessed there- 
for, to be recovered in an action of tort ; and upon con- 
viction of either of the above wilful or wanton acts shall 
be punished by a fine not exceeding three hundred dol- 
lars or by imprisonment not exceeding one year. 

Section 8. The said town shall, after its acceptance 
of this act, at a legal meeting called for the purpose, elect 



1883. — Chapter 153. 



439 



by ballot five persons to contract for and superintend the 
construction and completion of the water works, who may 
exercise all rights, powers and privileges for that purpose 
herein granted, subject to instructions from the town ; at 
said meeting there shall be elected 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 expi- 
ration of one year from the next succeeding annual town 
meeting, to constitute a board of water commissioners ; 
and at each annual town meeting thereafter one such com- 
missioner shall be elected by ballot for the term of three 
years. Said commissioners shall have charge of the water 
works when completed. All the authority granted to the Powers. 
said town by this act and not otherwise specifically pro- 
vided for, shall be vested in said board of water commis- 
sioners, who shall be subject, however, to such instruc- 
tions, rules and regulations as said town may impose by 
its vote ; the said commissioners shall be trustees of the 
sinking fund herein provided for, and a majority of said 
commissioners shall constitute a quorum for the transac- 
tion of business relative both to the water works and to 
the sinking fund. Any vacancy occurring in said board vacancy. 
from any cause may be filled for the remainder of the un- 
expired term by said town, at any legal town meeting 
called for the purpose. 

Section 9. 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 three years from its passage ; but the 
number of meetings so called in any year shall not exceed 
three. Approved April 30, 1883. 

An Act to authorize and empower the college of physi- (JJkxj) 153 
ctans and surgeons to confer the degree of doctor of -^* 

medicine 

Be it enacted, etc., as follows : 

Section 1. The College of Physicians and Surgeons May confer the 
of Boston, incorporated under the general laws of this of mldidne°*''°'^ 
Commonwealth, is hereby authorized and empowered to 
confer the degree of doctor of medicine : provided, that Proviso. 
no degree shall be conferred without the consent of three- 
fourths of the members of its faculty and a majority of its 
trustees. 

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

Approved April 30, 1883. 



Subject to ac- 
ceptance by a 
two-thirds vote. 



440 



1883. — Chapter 154. 



Chap.154: 



Boundary line 
eatablished. 



Stone monu- 
ments to be 
erected to mark 
the line. 



An Act establishing a portion of the boundart line be- 
tween THE COMMONAVEALTH OF MASSACHUSETTS AND THE STATE 
OF RHODE ISLAND. 

Be it enacted, etc., as foUoivs : 

Section 1. The boimdaiy line between the Common- 
wealth of Massachusetts and the state of Rhode Island, 
from the easterl}^ line of the state of Connecticut to Burnt 
Swamp Corner, shall be and herel)}^ is fixed as follows, to 
wit: — Beginning at a monument of dressed granite 
marked " Mass." on the north, " R. I." on the south, and 
" Con." on the west sides, standing at the northwest cor- 
ner of the state of Rhode Island, in latitude 42° 0' 29.45'', 
lono-itude 71° 48' 18.07" w^est of Greenwich : thence run- 
ning easterly in a straight line to a pile of stones on the 
westerly bank of Walhmi Pond at high-water mark ; 
thence eastcrlj^ in a straight line to' the southwest corner 
of Uxbridge and the southeast corner of Douglas to a 
monument of dressed stone marked " D. Nov. 9, 1829," 
on northwest face, and " U." on east face, and " B." on 
south face ; thence running easterly in a straight line to a 
point formed by the intersection of the easterly line of 
Harris Avenue, so called, with the southerly line of Gas- 
kill Street, near the village of Waterford, and about fif- 
teen rods easterly of the easterly bank of Blackstone 
River ; thence running easterly in a straight line to a 
monument of split stone granite, about five feet above 
ground, having five faces, marked on the west face " M.," 
on the northeast fiice " B." and on the south face " C." ; 
thence easterly in a straight line to the stone monument 
now standing on Wrentham Plain at Burnt Swamp Cor- 
ner, in latitude 42° V 8.60", longitude 71° 23' 13.26" 
west of Greenwich, marked on two sides "Mass." and 
on the other two sides, " R. I." 

Section 2. The commissioners appointed for the pur- 
pose of causing to be removed the stone monuments 
erected to mark the conventional line between this Com- 
monwealth and the state of Rhode Island from the easterly 
line of the state of Connecticut to Burnt Swamp Corner 
by the commissioners in eighteen hundred and forty-seven 
and eighteen hundred and forty-eight, on the part of the 
Commonwealth of Massachusetts, be and they hereby are 
authorized to procure and set up stone monuments at such 
points on said line, of such size and with such marks as 
may by them ])e deemed expedient, acting conjointly with 
the commissioners of the state of Rhode Island. 



1883. — Chapters 155, 156, 157, 158. 



441 



Sections. This act shall take effect when a similar to take effect 
act shall have been passed by the state of Ehode Island, Tctl" passed by 
establishing the line in this act described. uhodeWand. 



Approved April 30, 1883. 



An Act kelating to the inspection of buildings in the city 

of boston. 



Chap. 155 



Be it enacted, etc., as follows : 

Section two of chapter three hundred seventy-one of inspection of 
the acts of the year eighteen hundred and seventy-two Bostonr''^ 
is amended by adding at the end of the seventeenth line 
the words : " except in case of buildings not exceeding 
fifteen feet in height measured from the surface of the 
ground, nor exceeding five hundred feet in area, the exter- 
nal walls of which shall not be less than eight inches thick." 

Approved April 30, 1883. 



Chap.156 



Town meeting 

warrants, list 
of voters, etc., 
not to be de- 
faced. 



An Act to punish persons who wilfully tear down ORyOEFACE 
TOWN MEETING WARRANTS AND OTHER PAPERS POSTED IN COM- 
PLIANCE with law. 

Be it enacted, etc., as follows : 

Any ])erson who shall wilfully and maliciously, or wan- 
tonly and witliout cause tear down, remove or deface any 
town meeting warrant, list of voters, list of jurors or other 
notice or paper posted in compliance with law, shall be 
punished by fine not exceeding ten dollars. 

Approved April 30, 1883. 

An Act relating to the employment of minors and women. CJlCip.1.57 
Be it enacted, etc., asfolloivs: 

Section 1. Section four ofchapter seventy-four of the Hours of labor 

Public Statutes, relating to the employment of minors and womenhTmer. 



cantile and me- 
clianical estab- 
lishments. 



women, is hereby amended by inserting in the second 
line, after the word " manufacturing," the following words ; 
" mechanical or mercantile." 

Section 2. This act shall take effect on the first day 
of July in the year eighteen hundred and eighty-three. 

Approved May 3, 1883. 

An Act in relation to the returns of births by physicians and (77ia7).158 

midwives. ^ ' 

Be it enacted, etc., as follows : 

Section 1. Section seven ofchapter thirty-two of the to report 

Public Statutes is amended so as to read as follows : orbirlha." '^ 
" Section 7. Physicians and midwives shall on or before 



M2 • 1883.— Chapters 159, 160. 

the fifth day of each month report to the clerk of each 
city or town, except Boston, a correct list of all children 
born therein during the mouth next preceding, at whose 
birth they were present, stating the date and place of 
each birth, the name of the child (if it has any), the sex 
and color of the child, the name, place of birth and resi- 
dence of the parents, and the occupation of the father. 
Fee for making The fee of the phvsician or midwife shall be twenty-five 

return x */ ^ «/ 

cents for each birth so reported and shall be paid by the 
city or town in which the report is made." 

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

Approved May 3, 1883. 

0^ff/>.159 -An Act to confirm a deed of daniel scudder to the barn- 
■^ stable savings bank. 

Be it enacted^ etc., as follows: 
Deed confirmed. SECTION 1. The deed of Dauicl Scuddcr to the Barn- 
stable Savings Bank, bearing date the seventeenth day of 
April in the year eighteen hundred and seventy-five, re- 
corded in the registry of deeds for the county of Suffolk, 
book twelve hundred and sixty-five, folio eighty-seven, 
shall have the same force and effect as if said savings 
bank could then take and hold under said deed the real 
estate described therein. 

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

Approved May 3, 1883. 

ChClV.\GO ^^ ^^"^ '^^ INCORPORATE THE EAST WEYMOUTH "WATER COMPANY. 

Be it enacted, etc., as follows: 

East Weymouth Section 1. Pctcr W. French, Leavitt Bates, Zachariah 

J5!co%'o^ratr L. Bicknell, John P. Lovell, Nathan D. Canterbury, 

Marshall C. Dizer, Joseph Totman, and their associates 

and successors, are hereby made a corporation by the 

name of the East Weymouth Water Company, for the 

May supply purposc of fumishiug the inhabitants of the town of Wey- 

waten"'"'^ '^'*'' mouth 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, restrictions and 

liabilities set forth in all genei'al laws which now are or 

may hereafter be in force applicable to such corporations. 

May take the SECTION 2. The said Corporation, for the purposes 

mouThGrllr" aforcsaid, may take, by purchase or otherwise, and hold, 

Pond. tiie water of " Weymouth Great Pond," so called, in the 

town of Weymouth, and the waters which flow into and 

from the same, and the water rights connected with any 



1883. — Chapter 160. 



443 



such water sources, and also all lands, rights of way and 
easements, necessary for holding and preserving such 
water, and for conveying the same to any part of said 
town ; and may erect on the land thus taken or held, 
proper dams, buildings, fixtures and other structures, and 
may make excavations, procure and operate machinery, 
and provide such other means and appliances as may \je 
necessary for the establishment and maintenance of com- 
plete and eflective water works ; and may construct and 
lay down conduits, pipes and other works under or over 
any lands, water courses, railroads, or public or private 
ways, and along any such ways in such manner as not 
unnecessarily to obstruct the same ; and for the purpose 
of constructing, maintaining and repairing such conduits, 
pipes and other works, and for all proper purposes of this 
act, said corporation may dig up any such lands, " and, 
under the direction of the board of selectmen of the town 
in which any such ways are situated, may enter upon and 
dig up any such ways in such manner as to cause the least 
hindrance to public 'travel on such ways. 

Section 3. The said*corpuration shall, within sixty 
days after the taking of any lands, rights of way, water 
rights, water sources or easements as aforesaid, otherwise 
than by purchase, file and cause to be recorded in the 
registry of deeds for the county within which such lands or 
other property is situated, a description thereof sufficiently 
accurate for identification, with a statement of the purpose 
for which the same were taken, signed by the president 
of the corporation. 

Section 4. The said corporation shall pay all damages 
sustained by any person in property by the taking of any 
land, right of way, water, water source, water right or 
easement, or by any other thing done by said corporation 
under the authority of this act. Any person sustaining 
damages as aforesaid under this act, who fails to agree 
with said corporation as to the amount of damages sus- 
tained, may have the damages assessed and determined in 
the manner provided by law when land is taken for the 
laying out of highways, on application at any time within 
the period of three years from the taking of such land or 
other property, or the doing of other injury, under the 
authority of this act; but no such application shall be 
made after the expiration of said three years. No appli- 
cation for assessment of damages shall be made for the 



May conBtruet 
and lay down 
conduits, pipes 
and otber works. 



A description of 
land, etc., talien, 
to l)e tiled and 
recorded in the 
registry of deeds 
■within sixty 
days. 



Corporation to 
pay damages. 



No application 
to be made for 
damages until 



444: 



1883. — Chapter 160. 



•water is actually 
diverted. 



May distribute 
■water and fix 
rates to be paid 
for its use. 



Corporation 
may connect 
pipes with tliose 
of liie Hinghani 
Water Com- 
pany. 



Provisos. 



Real estate, cap- 
ital stocli and 
ebares. 



Penalty for cor- 
rupting or di- 
verting water. 



taking of any water, water right, or for any injury thereto, 
until the water is actually withdrawn or diverted by said 
corporation under the authority of this act. 

Section 5. The said corporation may distribute the 
water through said town of Weymouth ; may regulate 
the use of said water and fix and collect rates to be paid 
for the use of the same ; and may make such contracts 
with the said town, or with any fire district that is or may 
hereafter be established therein, or with any individual or 
corporation, to supply water for the extinguishing of fire 
or for other purposes, as may be agreed upon by said 
town, or such fire district, individual or corporation, and 
said corporation. 

Section 6. The said corporation may, at any time 
during the continuance of this charter, connect its con- 
duits or pipes with those of the Hingham AVater Company 
at the boundary line between the towns of Hingham and 
Weymouth, if said Hingham Water Company shall con- 
sent thereto, and may contract with said Hingham Water 
Company for a supply of water necessary for the purposes 
of this act, upon such terms as the said corporations may 
mutually agree ; and the said Hingham Water Company is 
authorized to make such connection of its own conduits 
or pipes, and to furni^h water to said East Weymouth 
Water Company and to enter into contracts for the same : 
provided, that nothing herein contained shall be con- 
strued to compel the said Hingham Water Company to 
make or permit said connection or to furnish said water; 
and provided, further, that whenever from any reason the 
supply of water of said Hingham Water Company shall 
not be more than suflicient for the needs of the residents 
of the towns of Hingham, Hull and Cohasset, the resi- 
dents of the said towns of Hingham, Hull and Cohasset 
shall be first supplied. 

Section 7. The said cor[)()rati()n may, for the pur- 
poses set forth in this act, hold real estate not exceeding 
in amount ten thousand dollars; and the whole capital 
stock of said corporation shall not exceed one hundred 
thousand dollars, to be divided into shares of one hundred 
dollars each. 

Section 8. Whoever wilfully or w^antonly corrupts, 
pollutes or diverts any of the waters taken or held under 
this act, or injures any structure, work or other property 
owned, held or used by said corporation under the author- 



1883. — Chapter 160. 445 

ity and for the purposes of this act, shall forfeit and pay- 
to said corporation three times the amount of damages 
assessed therefor, to be recovered in an action of tort ; 
and upon conviction of either of the above wilful or wan- 
ton acts shall be punished by a fine not exceeding three 
hundred dollars or by imprisonment not exceeding one 
year. 

Section 9. The said corporation may purchase from May purchase 

ii n 1 i. i • 1 • water from 

the owner or any aqueduct or water pipes now used in aqueduct, etc. 
furnishing water for the purpose of extinguishing fires in 
said town of Weymouth, all the estate, property rights 
and privileges of such owner, and by such purchase shall 
become subject to all the liabilities and duties to such 
owner appertaining. 

Section 10. The said corporation may issue bonds, May issue bonds 

d,i 1 , -J. z' I • 1 and secure by 

secure the same by a mortgage on its rranchise and mortgage. 

other property to an amount not exceeding its capital 

stock actually paid in and applied to the purposes of its 

incorporation. 

Section 11. The said town of Weymouth shall have Townof Wey- 
the right, at any time during the continuance of the purcha™?nin- 
charter hereby granted, to purchase the franchise, corpo- enTonbe cTrl 
rate property and all the rights and privileges of said cor- po'"=i"on- 
poration at a price which may be mutually agreed upon 
between said corporation and the 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 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 
said court shall be binding upon all parties. This author- subject to assent 
ity to purchase said franchise and property is granted on twoXrd^vote. 
condition that the same is assented to hy said town, by a 
two-thirds vote of the voters present and voting thereon 
at a meeting called for that purpose. 

Skction 12. The county commissioners for the county Security for pay. 

•ii • 1-1 11 i. i. -lii.! 1 meiit of damages 

withm which any land, water or water rights taken under and costs, may 
this act is situated, shall, upon application of the owner '^*-' '■''i""''^<i- 
thereof, require said corporation to give satisfactory secu- 
rity for the payment of all damages and cosfs which may 
be awarded such owner lor the land or other property so 
taken ; but previous to requiring such security the county 
commissioners shall, if application therefor is made by 



446 



1883. — Chapter 161. 



either party, make an estimate of the damages which may 
result from such taking, and the county commissioners 
shall in like manner require further security, if at any 
time the security before required appears to them to have 
become insufficient; and all the right or authority of said 
corporation to enter upon or use such land or other prop- 
erty, except for making surveys, shall be suspended until 
it gives the security so required. 

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

Ap2)roved May 3, 1883. 



Powow Hill 
Water Company 
incorporated. 



May supply 
Amesbury and 
8ali^bury with 
water. 



May take the 
water of the 
east branch of 
i'owow River. 



O/irtT^.lGl An Act to incorporate the powow hill water company. 
Be it enacted^ etc., as follows: 

Section 1. William E. Biddle, Jacob R. Huntington, 
Marquis D. F. Steere, Richard F. Briggs, E. Ripley 
Sibley, and their associates and successors, are hereby 
made a corporation by the name of the Powow Hill 
Water Company, for the purpose of furnishing the inhab- 
itants of the towns of Amesbury and Salisbury with 
water for the extinguishment of fires and for domestic 
and other purposes; with all the powers and privileges, 
and sul)ject to all the duties, restrictions and liabilities 
set forth in all general laws which now are or may here- 
after be in force applicable to such corporations. 

Section 2. The said corporation, for the purposes 
aforesaid, may take, by purchase or otherwise, and hold, 
the water of the east branch of Powow River in the town 
of Salisbury, known as " Back River," at a point on said 
river known as " Clark's Pond," and the water rights 
connected with any such water sources, and also all 
lands, rights of way and easements, necessary for holding 
and })reserving such water, and for conveying the same to 
any part of said towns ; and may erect on the land thus 
taken or held, proper dams, buildings, fixtures and other 
structures, and may make excavations, procure and ope- 
rate machinery, and provide such other means and a[)})li- 
ances as may be necessary for the es^tablishment and 
maintenance of complete and clfeclive water works ; and 
may construct and lay cIowmi conduits, pipes and other 
works under or over any lands, water courses, railroads, 
or public or private ways, and along any such ways in 
such maimer as not unnecessarily to obstruct ihe same ; 
and for the purpose of conslructi ng, maintaining and re- 
pairing such conduits, pipes and other works, and for all 



May construct 
and lay down 
conduits, pipes 
and other works 



1883. — Chapter 161. 



447 



proper purposes of this act, said corporation may dig up 
any such lands, and, under the direction of the board of 
selectmen of the town in which any such ways are situ- 
ated, may enter upon and dig up any such ways in such 
manner as to cause the least hindrance to public travel 
on such ways. 

Section 3. The said corporation shall, within sixty 
days after the taking of any lands, rights of way, water 
rights, water sources or easements as aforesaid, otherwise 
than by purchase, file and cause to be recorded in the 
registry of deeds for the county within which such lands 
or other property is situated, a description thereof suffi- 
ciently accurate for identification, with a statement of the 
purpose for which the same were taken, signed by the 
president of the corporation. 

Section 4. The said corporation shall pay all damages 
sustained by any person in property by the taking of any 
land, right of way, water, water source, water right or 
easement, or by any other thing done by said corporation 
under the authority of this act. Any person sustaining 
damages as aforesaid under this act who fails to agree 
with said corporation as to the amount of damages sus- 
tained, may have the damages assessed and determined in 
the manner provided by law Avhen land is taken for the 
laying out of highways, on application at any "time within 
the period of three years from the taking of such land or 
other property, or the doing of other injury, under the 
authority of this act ; but no such application shall be 
made after the expiration of said three years. No ap- 
plication for assessment of damages shall be made for 
the taking of any water, Avater right, or for any injury 
thereto, until the water is actually withdrawn or diverted 
by said corporation under the authority of tliis act. 

Section 5. The said corporation may distribute the 
water through said towns or either of them ; may regulate 
the use of said water and fix and collect rates to be paid 
for the use of the same ; and may make such contracts 
with the said towns or with either of them or with any 
fire district that is or may hereafter be established therein, 
or with any individual or corporation, to supply Avater for 
the extinguishing of fire or for other purposes, as may be 
agreed upon by said towns or either of them, or such fire 
district, individual or corporation, and said corporation. 



A description of 
the land, etc., 
taken, to be filed 
and recorded in 
the registry of 
deeds. 



Corporation to 
pay damages. 



No application 
to be made for 
damages until 
WMter is actually 
diverted. 



May distribute 
water and fix 
rates to be paid 
for its use. 



448 



1883. — Chapter 161. 



Real estate, cap- 
ital stock and 
shares. 



Penalty for cor- 
rupting or di- 
verting water. 



May purchase 
water pities now 
in use. 



May issue bonds 
and secure by 
mortgage. 



Towns of Ames- 
bury and Salis- 
bury may pur- 
chase properly 
and rights of the 
corporation. 



Subject to assent 
of towns by two- 
thirds vote. 



Section 0. The said corporation may, for the pur- 
poses set forth in this act, hold real estate not exceeding 
in amount ten thousand dollars ; and the whole capital 
stock of said corporation shall not exceed seventy-tive 
thousand dollars, to be divided into shares of one hun- 
dred dollars each. 

Section 7. AVhoever Avilfully or wantonly corrupts, 
pollutes or diverts any of the waters taken or held under 
this act, or injures any structure, work or other property 
owned, held or used by said corporation under the au- 
thority and for the purposes of this act, shall forfeit and 
pay to said corporation three times the amount of dam- 
ages assessed therefor, to be recovered in an action of 
tort ; and upon conviction of either of the above wilful 
or wanton acts shall be punished by a fine not exceeding 
three hundred dollars or by imprisonment not exceeding 
one year. 

Section 8. The said corporation may purchase from 
the owner of any water pipes now used in furnishing* 
water for the purpose of extinguishing fires in either of 
the said towns, all the estate, property rights and privi- 
leges of such owner, and by. such purchase shall become 
subject to all the liabilities and duties to such owner 
appertaining. 

Section 9. The said corporation may issue bonds, and 
secure the same by a mortgage on its franchise, and other 
property, to an amount not exceeding its capital stock 
actually paid in and applied to the purposes of its incor- 
poration. 

Section 10. The said towns shall have the right, at 
any time during the continuance of the charter hereby, 
granted, to purchase the corporate property and all the 
rights and privileges of said corporation at a price which 
may be mutually agreed upon between said corporation 
and the said towns ; and the said corporation is authorized 
to make sale of the same to said towns, or either of them. 
In case said corporation and said towns 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 
said court, shall be binding upon all parties. This au- 
thority to purchase said franchise and property is granted 
on condition that the same is assented to by each of said 



1883. — Chapter 162. 449 

towns, by a two-thirds vote of the voters present and 
voting thereon at a meeting called for that purpose. 

Section 11. The county commissioners for the county security for pay. 
within which any hmd, water or water rights taken under ^nd'costsl'maf'* 
this act is situated, shall, upon application of the owner ^^ '''^^"''■*^^' 
thereof, require said corporation to give satisfactory 
security for the payment of all damages and costs which 
may be awarded such owner for the land or other prop- 
erty so taken ; but previous to requiring such security the 
county commissioners shall, if application therefor is made 
by either party, make an estimate of the damages which 
may result from such taking, and the county commis- 
sioners shall in like manner require further security, if at 
an}^ time the security before required appears to them to 
have become insufficient ; and all the right or authority 
of said corporation to enter upon or use such land or 
other property, except for making surveys, shall be sus- 
.pended until it gives the security so required. 

Section 12. This act shall take eifect upon its passage. 

Approved May 3, 1883. 

An Act to incorporate the quincy a^^ater company. (7/iC?X).162 

Be it enacted^ etc., as follows: 

Section 1. AVilliam L. Faxon, John A. Gordon, John Qnincy water 
O. Holden, Charles H. Porter and their associates and poraufd.^ '°'^°'' 
successors, are hereby made a corporation by the name 
of the Quincy Water Company, for the purpose of fur- 
nishing the inhabitants of the town of Quincy with water 
for the extinguishment of tires, and for domestic and other 
purposes ; with all the powers and privileges, and subject 
to all the duties, restrictions and liabilities set forth in all 
general laws which now are or may hereafter be in force 
applicaljle to such corporations. 

Section 2. The said corporation for the purposes May take the 
aforesaid may take, by purchase or otherwise, and hold, Brook at any 
the water, or so much thereof as may be necessary, of wafer stree'tin 
"Town Brook," so called, in the town of Quincy, at any Q"'"'=y- 
point south of Water Street in said town, and the water 
rights connected therewith, and also all lands, rights of 
way and easements, necessary for holding and preserving 
such water, and for conveying the same to any part of 
said town ; and may erect on the land thus taken or held, 
proper dams, buildings, fixtures and other structures ; 
and may make excavations, procure and operate niachin- 



450 



1883. — Chapter 162. 



May construct 
and lay down 
conduits, pipes 
and other ■works. 



Proviso. 



A description of 
the land, etc., 
taken, to be tiled 
and recorded iu 
the registry of 
deeds. 



Payment of 
damages. 



No application 
to be made for 
damages until 
water is actually 
withdrawn. 



ery, and provide such other means and appliances as may 
be necessary for the establishment and maintenance of 
complete and effective water works ; and may construct 
and la}' down conduits, pipes and other Avorks under or 
over any lands, water courses, raili'oads, or public or pri- 
vate ways, and along any such ways in such manner as not 
unnecessarily to obstruct the same ; and for the purpose 
of constructing, maintaining and repairing such conduits, 
pipes and other works, and for all proper puiposes of 
this act, said corporation may dig up any such lands, and, 
under the direction of the board of selectmen of the town 
iu which any such ways are situated, may enter upon, and 
dig up any such ways in such manner as to cause the least 
hindrance to pul)lic travel on such ways : provided, that 
no taking or holding of water under authority of this act 
shall impair the supply of water now used by said town 
for the extinguishment of tires. 

Section 3. The said corporation shall, within sixty 
days after the taking of any lands, rights of way, water 
rights; water sources or easements as aforesaid, otherwise 
than by purchase, file and cause to be recorded in the reg- 
istry of deeds for the county within which such lands or 
other property is situated, a description thereof sufficiently 
accurate for identitication, with a statement of the purjDOse 
for which the same were taken, signed by the president of 
the corpoiation. 

Section 4. The said corporation shall pay all damages 
sustained by any person in property by the taking of any 
land, right of way, water, water source, water right or 
easement, or by any other thing done by said corporation 
under the authority of this act. Any person, sustaining 
damages as aforesaid under this act, who fails to agree 
with said corporation as to the amount of damages sus- 
tained, may have the damages assessed and determined in 
the manner provided by law when land is taken for the 
laying out of highways, on application at any time within 
the period of three years from the taking of such land or 
other property, or the doiug of other injury, under the 
authority of this act ; but no such application shall be 
made after the expiration of said three years. No appli- 
cation for assessment of damas^es shall be made for the 
taking of any water, water right, or for any injury 
thereto, until the water is actually withdrawn or diverted 
by said corporation under the authority of this act. 



1883. — Chapter 162. 451 

Section 5. The said corporation may distribute the May distribute 

, . - r /^ - 11 water through 

water through said town ot Quincy ; may regulate the use the town of 
of said water and fix and collect rates to be paid for the ^"'"*^^' 
use of the same ; and may make such contracts with the 
said town, or with any fire district that is or may here- 
after be established therein, or with any individual or 
corporation, to supply water for the extinguishing of fire 
or for other purposes, as may be agreed upon by said 
town, or such fire district, individual or corporation, and 
said corporation. 

Section 6. The said corporation may, for the pur- Real estate and 
poses set forth in this act, hold real estate not exceeding 
in amount fifty thousand dollars ; and the whole capital 
stock of said corporation shall not exceed two hundred 
and fifty thousand dollars, to be divided into shares of one 
hundred dollars each. 

Section 7. Whoever wilfully or wantonly corrupts, Penalty for poi. 

1111 luting wjittT or 

pollutes or diverts any of the waters taken or held under for injury to 
this act, or injures any structure, work or other property ^'^"p*"'^' 
owned, held or used by said corporation under the author- 
ity and for the purposes of this act, shall forfeit and pay 
to said corporation three times the amount of damages 
assessed therefor, to be recovered in an action of tort ; 
and upon conviction of either of the above wilful or 
wanton acts shall be punished by a fine not exceeding 
three hundred dollars or by imprisonment not exceeding 
one year. 

Section 8. The said corporation may issue bonds, and Mny issue bonds 

, ^ .^ ^"^ , . , , and secure the 

secure the same by a mortgage on its iranchise and other samebymort- 
property, to an amount not exceeding its capital stock ^"^^" 
actually paid in and applied to the purposes of its incor- 
poration. 

Section 9. The said town of Quincy shall have the Townmaypur- 
right, at any time during the continuance of the charter and property. 
hereby granted, to purchase the franchise, corporate prop- 
erty and all the rights and privileges of said corporation at 
a price which may be mutually agreed upon between said 
corporation and the 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 compensation to be paid shall be determined by three 
commissioners, to be appointed by the supreme judicial 
court, upon application of either party and notice to the 
other, whose award, when accepted by said court, shall 
be binding upon all parties. This authority to purchase 



452 



1883. 



Chaptek 162. 



Subject to aBsent 
by town, by a 
two-thirJs vote. 



" Quincy Water 
Loan." 



Sinking fund to 
be established. 



Sum sufficient 
for current ex- 
penses and inter- 
est to be raised, 
annually, by tax- 
ation. 



Board of water 
commissioners 
to be elected. 



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 of said town, present and voting there- 
on at a meeting called for that purpose. 

Section 10. The said town may, for the purpose of 
paying the cost of said franchise and corporate property 
and the necessary expenses and liabilities incurred under 
the provisions of this act, issue from time to time, bonds, 
notes or scrip to an amount not exceeding, in the aggre- 
gate, two hundred and fifty thousand dollars ; such bonds, 
notes and scrip shall bear on their face the words 
" Quincy Water Loan ; " shall be payable at the expira- 
tion of periods not exceeding thirty years from the date 
of issue ; shall bear interest payable semi-annually, at a 
rate not exceeding six per centum per annum, and shall 
be signed by the treasurer of the town, and countersigned 
by the water commissioners hereinafter provided for. 
The said town may sell such securities at public or private 
sale, or pledge the same for money borrowed for the pur- 
poses of this act upon such terms and conditions as it may 
deem proper. The said town shall provide, at the time of 
contracting said loan, for the establishment of a sinking 
fund, and shall annually contribute to such fund a sum suffi- 
cient, with the accumulations thereof, to pay the principal 
of said loan at maturity. The said sinking fund shall re- 
main inviolate, and pledged to the payment of said loan, 
and shall be used for no other purpose. 

Section 11. The said town shall raise annually, by 
taxation, a sum which, with the income derived from the 
water rates, will be sufficient to pay the current annual 
expenses of operating its water works, and the interest as 
it accrues, on the bonds, notes and scrip issued as afore- 
said by said town, and to make such contributions to the 
sinking fund and payments on the principal as may be re- 
quired under the provisions of this act. 

Section 12. The said town shall, after its purchase of 
said franchise and corporate property, as provided in this 
act, at a legal meeting called for the purjjose, 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 suc- 
ceeding annual town meeting, to constitute a board of 
water commissioners ; and at each annual town meeting 
thereafter one such commissioner shall be elected by bal- 
lot for the term of three years. All the authority granted 



1883. — Chapter 163. 455 

to the said town by this act, aud not otherwise specifically 
provided for, shall be vested in said board of water com- 
missioners, who shall be subject, however, to snch in- 
structions, rules aud regulations as said town may impose 
by its vote ; the said commissiouers shall be trustees of To be trustees 
the sinking fund herein provided for, aud a majority of fund.^*'" "'^ 
said commissioners shall constitute a quorum for the 
transaction of business relative both to the water works 
and to the sinking fund. Any vacancy occurriug in said 
board from any cause may be filled for the remaiuder of 
the unexpired term by said town, at any legal town meet- 
ing called for the purpose. 

Section 13. The county commissioners for the county Corporation may 
withiu which any land, water or water rights taken uuder gfve'^sl'curuy" 
this act is situated, shall, upon applicatiou of the owner d'^JnTag^eT."" °* 
thereof, require said corporation to give satisfactory secu- 
rity for the payment of all damages and costs w^hich may 
be awarded such owner for the land or other property so 
taken ; but previous to requiring such security the county 
commissioners shall, if application therefor i.^ made by 
either party, make an estimate of the damages which may 
result from such taking, and the county commissiouers 
shall in like manner require further security, if at any 
time the security before required appears to them to have 
become insufficient; and all the right or authority of said 
corporation to enter upon or use such land or other prop- 
erty, except for making surveys, shall be suspended until 
it gives the security so required. 

Section 14. This act shall take effect upon its passage. 

Approved May 5, 1883. 

An Act to incorpohate the marblehead watek company. Ghctp.lbo 
Be it enacted.! ^/c., as fullows : 

Section 1. Isaac C. Wyman, Thomas Appleton, Wil- warbkiiead 
liam B. Brown, Hiram M. French, John C. Alden, pany. 
Charles P. Mudge and their associates and successors are 
hereby made a corporation by the name of the Marblehead 
Water Company, for the purpose of furnishing the iuhab- AVater supply 
itants of the town of Marblehead, or any other town or bidierd".^ 
city, with water for the extinguishment of fires, and for 
domestic and other purposes ; with all the powers and 
privileofes, and su])ject to all the duties, lestrictions and 
liabilities set forth in all general laws which now are or 
may hereafter be in force applicable to such corporations. 



454 



1883. — Chapter 163. 



May take the 
"water of " Put- 
nam's Brook." 



May construct 
and lay down 
conduits, pipes 
and other 
works. 



A description of 
the land, etc., 
taken, to be 
filed and record- 
ed in the regis- 
try of deeds. 



Liability for 
damages. 



Section 2. The said corporation, for the purposes 
aforesaid, may take, by purchase or otherwise, and hold, 
the water of " Putnam's Brook," so called, in the town of 
Marblehead, and the water rights connected therewith, 
and may purchase other water sources, and may take, by 
purchase or otherwise, and hold all lands, rights of way 
and easements, necessary for holding and preserving such 
"water and for conveying the same to, into and through 
any part of said town, or other town or city ; and may 
erect on the land thus taken or held, proper dams, build- 
ings, fixtures and other structures ; and may make exca- 
vations, procure and operate machinery, and provide such 
other means and applituices as may be necessary for the 
establishment and maintenance of complete and effective 
water works ; and mny construct and lay down conduits, 
pipes and other works under or over any lands, water 
courses, railroads, or public or private ways, and along 
any such ways in such manner as not unnecessarily to 
obstruct the same ; and for the purpose of constructing, 
maintaining and repairing such conduits, pipes and other 
works, and for all proper purposes of this act, said corpo- 
ration may dig up any such lands, (tnd under the directioa 
of the board of selectmen of the town, or the mayor and 
aldermen of the city in which any such ways are situated, 
may enter upon and dig up any such ways in such manner 
as to cause the least hindrance to public travel on such 
ways. 

Section 3. The said corporation shall, within sixty 
days after the taking of any lands, rights of way, water 
rights, water sources or easements as aforesaid, otherwise 
than by purchase, file and cause to be recorded in the 
registry of deeds for the county within which such lands 
or other property is situated, a description thereof suffi- 
ciently accurate for identification, with a statement of the 
purpose for which the same were taken, signed by the 
president of the corporation. 

Section 4. The said corporation shall pay all damages 
sustained by any person in property by the taking of any 
land, right of way, water, water source, water right or 
easement, or by any other thing done by said corporation 
under the authority of this act. Any person sustaining 
damages as aforesaid under this act, who fails to iigree 
with said corporation as to the amount of damages sus- 
tained, may have the damages assessed and determined in 
the manner provided by law when laud is taken for the 



1883. — Chapter 163. 455 

laying out of highways, on application at any time within 

the period of three years from the taking of such land or 

other property, or the doing of other injury, under the 

authority of this act; but no such application shall be 

made after the expiration of said three j^ears. No appli- No application 

cation for assessment of damages shall be made for the damliaes'unm 

taking of any water, water right, or for an}' injury there- ^/''vTthd^awn.'" 

to, until the water is actually withdrawn or diverted by 

said corporation under the authority of this act. 

Section 5. The said corporation may distribute the May distribute 
water through said town of iMaiblehead ; may regulate ^ui'coUect*''' 
the use of said water, and tix and collect rates to be paid '"''''^*' 
for the use of the same ; and may make such contracts 
with the said town, or any other town or city, or with any 
fire district that is or may hereafter bo established therein, 
or with any individual or corporation, to supply water for 
the extinguishing of fire or for other purposes, as may be 
agreed upon by such town, city, fire district, individual or 
corporation, and said corporation. 

Section 6. The said corporation may, for the purposes Real estate and 
set forth in this act, hold real estate not exceeding in *^^p"^i «'°'^''- 
amount filfy thousand dollars ; and the whole capital 
stock of said corporation shall not exceed two hundred 
and fifty thousand dollars, to be divided into shares of one 
hundred dollars each. 

Section 7. Whoever wilfully or wantonly corrupts, Penalty for poi- 
pollutes or diverts any of the waters taken or held under f!!l"i',fjuTy\'o'^' ""^ 
this act, or injures any structure, work or other property P'^p'^'^'^y- 
owned, held or used by said corporation under the author- 
ity and for the purposes of this act, shall forfeit and pay 
to said corporation three times the amount of damages 
assessed therefor, to be recovered in an action of tort ; 
and upon conviction of either of the above wilful or wan- 
ton acts shall be punished by a fine not exceeding three 
hundred dollars or by imprisonment not exceeding one 
year. 

Section 8. The said corporation may issue bonds, and May issue 
secure the same by a mortgage on its franchise and (jther cure by wort". 
property to an amount not exceeding its capital stock ^^^^' 
actually paid in and applied to the purposes of its incor- 
poration. 

Section 0. The said town of Marblohead shall have Town may, at 
the right, at any time during the continuance of the ciiLt"fiaiR'hi8e 
charter hereby granted, to purchase the franchise, corpo- ^'"1 p'op^'"^- 
rate property, and all the rights and privileges of said 



456 



1883. — Chapter 163. 



Subject to as- 
sent bj' the 
town, by a lw( 
tliiiiln vote. 



*' Marblehead 
"Water Loan." 



Sinking fund to 
be provided. 



Sum sufllciei t 
for current ex- 
peMROS and in- 
terest to be 
raii'ed, annually, 
by taxation. 



corporation, at a price which may be mutually agreed 
upon between said corporation and the 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 compensation to be 
paid shall be determined by three commissioners, to be 
appointed by the supreme judicial court, upon application 
of either party and notice to the other, whose award, 
when accepted by said court, shall be binding upon all 
parties. 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 of said 
town present and voting thereon at a meeting called for 
that purpose. 

Section 10. The said town may, for the purpose of 
paying the cost of said franchise and corporate property, 
and the necessary expenses and liabilities incurred under 
the provisions of this act, issue from time to time, bonds, 
notes or scrip, to an amount not exceeding iu the aggre- 
o-ate two hundred and fifty thousand dollars ; such bonds, 
notes and scrip shall bear on tlieir face the words " Mar- 
blehead Water Loan ; " shall be payable at the expiration 
of periods not exceeding thirty years from the date of 
issue ; shall bear interest payable semi-annually, at a rate 
not exceeding six per centum per annum, and shall be 
signed by the treasurer of the town, and countersigned 
by the water commissioners hereinafter provided for. 
The said town may sell such securities at public or pri- 
vate sale, or pledge the same for money borrowed for 
the purposes of this act, upon such terms and conditions 
as it may deem proper. The said town shall provide, at 
the time of contracting said loan, for the establishment of 
a sinking fund, and shall annually contribute to such fund 
a sum sufficient, with the accumulations thereof, to pay 
the principal of gaid loan at maturity. The said sinking 
fund shall remain inviolate, and pledged to the payment 
of said loan, and shall be used for no other purpose. 

Section 11. The said town shall raise annually, by 
taxation, a sum which, with the income derived from the 
water rates, will be sufficient to pay the current annual 
expenses of operating its water works, and the interest 
as it accrues, on the bonds, notes and scrip issued as 
aforesaid by said town, and to make such contributions to 
the sinking fund and payments on the principal as may be 
required under the provisions of this act. 



1883. — Chapter 163. 



457 



Section 12. The said town shall, after its purchase of ^omJ^ji^Jj^.^J'^g 
said franchise and corporate property, as provided in this to be eu cud. 
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 suc- 
ceeding annual town meeting, to constitute a board of 
water commissioners ; and at each annual 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 
provided for, shall be vested in said board of water com- 
missioners, who shall be subject, however, to such instruc- 
tions, rules and regulations as said town may impose by 
its vote ; the said commissioners shall be trustees of the 
sinking fund herein i)rovided for, and a majority of said 
commissioners shall constitute a quorum for the transac- 
tion 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 un- 
expired term by said town, at any legal town meeting 
called for the purpose. 

.Section 13. The county commissioners for the county 
within which any land, water or water rights taken under 
this act is situuted, shall, upon application of the owner 
thereof, require said corporation to give satisfactory secu- 
lity for the payment of all damages and costs which may 
be awarded such owner for the land or other property so 
taken ; but previous to requiring such security the county 
commissioners shall, if a})plication therefor is made by 
either party, make an estimate of the damages which may 
result from such taking, and the county commissioners 
shall in like manner require further security, if at any 
time the security before required appears to them to have 
become insufficient ; and all the right or authority of said 
corporation to enter upon or use such land or other prop- 
erty, except ibr making surveys, shall be suspended until 
it gives the security so required. 

Section 14. This act shall take effect upon its passage. 

Apf.rove I 3I< y 3, 1SS3. 



Corporation 
may be required 
to fiive security 
for damages. 



458 



1883. — Chapters 164,165, 166. 



Chap.\Q4: An Act authorizing the treasurer of toe commonwealth 

TO EMPLOY AN ADDITIONAL CLERK. 

Be it enacted, etc., as follows. • 
Trcasurtr may SECTION 1. The treasurer of the Commonwealth, in 
timm'i'cierk!'^'^'' addition to the clerks whom he is now authorized to em- 
ploy, may employ in his office a fund clerk, at an annual 
salary of twelve hundred dollars. 

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

Approved May 3, 1883. 



Chap. 



165 An Act relative to the confirmation of proceedings of the 
evangelical religious society in wayland. 



Election of 
members con- 
firmed. 



Proceedings 
may be con- 
firmed by vote 
of members. 



Meeting of the 
801 ifty may be 
called. 



Chap.\66 



Water supply 
for Wellesley. 



Be it enacted, etc., asfolloivs: 

Section 1. The election of Jonas N. Morse, Hodijah 
B. Bramun, George Gleason, Ira B. Draper and Edward 
Carter as members of the Evangelical Religious Society 
in Wayland is confirmed and made valid ; and said per- 
sons may, at a meeting called for the purpose, by vote 
confirm any proceeding of said society so far as the same 
was affected by any defect or irregularity in the manner 
of the calling of the meetings of the society, the election 
of its members or the qualification of its officers ; and 
said society shall be held to continue to exist as a legal 
and valid corporation notwithstanding any such defect or 
irregularity. 

Section 2. A meeting of the society under the provi- 
sions of the preceding section may be called by any two 
of the persons therein named by a notice stating the time, 
place and purpose of the meeting, a copy of which notice 
shall, seven days at least before the day appointed for the 
meeting, be posted upon the principal outer door of the 
meeting house of said society and also be given to each of 
said persons or left at his last or usual place of residence. 

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

Approved May 3, 1883. 

An Act to supply the town of wellesley with water. 
Be it enacted, etc., as fullows: 

Section 1. The town of Wellesley may supply itself 
and its inhabitants with water for the extinguishment of 
fires, and for domestic and other purposes ; may establish 
fountains and hydrants, re-locate or discontinue the same ; 
may regulate the use of such water, and fix and collect 
rates to be paid for the use of the same. 



1883. — Chapter 166. 



459 



Section 2. The said town, for the purposes aforesaid, 
may take, by purchase or otherwise, and hold, the water 
of Charles River within the limits of or where it borders 
on said town, and of Longfellow's Pond, so called, within 
the limits of said town, and the water rights connected 
with any such water sources; and also all lands, rights of 
way and easements, necessary for holding and preserving 
such water, and for conveying the same to any part of 
said town ; and may erect on the land thus taken or held 
proper dams, buildings, tixtures and other structures, and 
may make excavations, procure and operate machinery, 
and provide such other means and appliances as may be 
necessary for the establishment and maintenance of com- 
plete and effective water works ; and may construct and 
lay down conduits, pipes and other works under, through 
or over any lands, water courses, public works, railroads, 
public or private ways, and along any such way, in such 
manner as not unnecessarily to obstruct the same ; and 
for the purpose of constructing, maintaining and repairing 
such conduits, pipes and other works, and for ail proper 
purposes of this act, said town may dig up any such lands 
or ways, in such manner as to cause the least hindrance to 
public travel on such ways. 

Section 3. The said town shall, within sixty days 
after the taking of any lands, rights of way, water rights, 
water sources or easements as aforesaid, other than by 
purchase, file and cause to be recorded in the registry of 
deeds for the county within which such lands or other 
property is situated, a description thereof sufficiently 
accurate for identification, with a statement of the pur- 
pose for which the same w^ere taken, signed by the water 
commissioners hereinafter provided for. 

Section 4. The said town shall pay all damages sus- 
tained by any person in property by the taking of any land, 
right of way, water, water source, water right or ease- 
ment, or by any other thing done by said town under the 
authority of this act. Any person sustaining damnges as 
aforesaid under this act, who fails to agree with said town 
as to the amount of damages sustained, may have the 
damages assessed and determined in the manner provided 
by law, where land is taken for the laying out of high- 
ways, on application at any time within the perioel of 
three years from the taking of said land or other prop- 
erty, or the doing of other injury, under the authority of 
this act ; but no such application shall be made after the 



May take water 
of Charles 
Rivc^r anil Long- 
fellow's Pond. 



May construct 
and lay down 
conduits, pipes, 
and other 
work8. 



A description of 
land, etc , taken 
to be filed and 
recorded in the 
registry of 
deeds. 



Damages to be 
paid by the 
town. 



460 



1883. — Chapter 166. 



Application for 
damngee not to 
be naiuU! until 
•water is actually 
diverted. 



"Welleeley 
Water Loau," 



Sinking fund to 
be established. 



Bum BufiScicnt 
to pay interest 
and current 
expenses, to be 
raised annually 
by taxation. 



Penalty for pol- 
luting water, or| 
for injury to 
property. 



expiration of said three years. No application for assess- 
ment of damages shall be made for the taking of any 
water, water right, or for any injury thereto, until the 
water is actually Avithdrawn or diverted by said town 
under the authority of this act. 

Sectiox 5. The said town may, for the purpose of 
paying the necessary expenses and liabilities incurred 
under the provisions of this act, issue from time to time, 
bonds, notes or scrip, to an amount not exceeding in the 
aggregate fifty thousand dollars ; such bonds, notes and 
scrip shall bear on their face the words " Wellesley 
Water Loan ; " shall be payable at the expiration of 
periods not exceeding thirty years from the date of issue ; 
shall bear interest payable semi-annually at a rate not 
exceeding six per centum per annum, and shall be signed 
by the treasurer of the town and countersigned by the 
water commissioners hereinafter provided for. The said 
town may sell such securities at public or private sale, or 
pledge the same for money borrowed for the purposes of 
this act, upon such terms and conditions as it may deem 
proper. The said town shall provide, at the time of con- 
tracting said loan, for the establishment of a sinking 
fund, and shall annually contribute to such fund a sum 
sufficient, with the accumulations thereof, to pay the prin- 
cipal of said loan at maturity. The said sinking fund 
shall remain inviolate and pledged to the payment of said 
loan, and shall be used for no other purpose. 

Section 6. The said toAvn shall raise annually, by tax- 
ation, a sura which, with the income derived from the 
water rates, will be sufficient to pay the current annual 
expenses of operating its water works, and the interest, 
as it accrues, on the said bonds, notes and scrip issued as 
aforesaid by said town, and to make such contributions to 
the sinking fund and payments on the principal as may be 
required under the provisions of this act. 

Section 7. Whoever wilfully or wantonly corrupts, 
pollutes or diverts any of the waters taken or held under 
this act, or injures any structure, work or other property 
owned, held or used by said town, under the authority 
and for the purposes 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 wilful or wanton acts 
shall be punished by a fine not exceeding three hundred 
dollars, or by imprisonment not exceeding one year. 



1883. — Chaptee 167. 



461 



Section 8. The said town shall, after its acceptance Board of water 

, . 1 1 1 (• 1 1 i commissionera 

of this act, at a legal meeting called tor the purpose, elect to be elected. 
by ballot three persons to hold office, one until the expi- 
ration 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 
board of water commissioners ; and at each annual 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 
specitically provided for, shall be vested in said board of 
water commissioners who shall be subject, however, to 
such instructions, rules and regulations as said town may 
impose by its vote ; the said commissioners shall be 
trustees of the sinking fund herein provided for, and a 
miijority of said commissioners 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 fnmi any cause may be filled for the 
remainder of the unexpired term, by said town, at any 
legal town meeting called for the purpose. 

Section 9. This act shall take effect upon its accept- 
ance by a two-thirds vote of the voters of said town 
present and voting thereon at a legal town meeting called 
for the purpose, within three years from its passage ; but 
the number of meetings so called in any year shall not 
exceed three. Approved May 5, 1888. 

An Act pkoviding for the disposal of the sewage of the Chap.\Q7 

STATE PRISON. 

Be it enacted, etc., as follows: 

Section 1. The commissioners of prisons are author- Disposaiofsew- 
ized to expend a sum not exceeding five thousand dollars p?r,onatTon- 
for the disposal of the sewage at the state prison at Con- '='"'^- 
cord, but no expenditure shall be made for such purpose, 
except for surveys and plans, until said plans shall be 
approved by the state board of health, lunacy and charity, 
and the sewage shall be disposed of in accordance with 
plans so approved. Said board of health, lunacy and 
charity may at any time, and upon the request of the 
selectmen of the town of Concord shall, examine the 
methods of disposing of said sewage and may direct that 
changes be made in said methods and said commissioners 
shall make said changes, and the cost thereof shall be paid 



Subject to ac 
ceptiuice by a 
two-thirds vote. 



462 1883. — Chapters 168, 169, 170. 

from the annual appropriation for the expenses of said 
institution. 
Repeal. Sectiox 2. Chapter teu of the acts of the year eighteen 

hundred and seventy-eight, chapter sixty-tive of the 
resolves of tlie year eighteen hundred and eighty-one and 
so much of chapter sixty of the resolves of the year 
eighteen hundred and eighty-two as authorizes the expen- 
diture of three thousand dollars for the disposal of said 
sewage are hereby repealed. 

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

Approved May 5, 1883. 

GJlCipXQS An Act empowering cities to regulate by ordinance the sale 

OF CERTAIN ARTICLES BY HAWKERS AND PEDLEHS. 

Be it enacted, etc., asfollovjs: 
Citie8 mny Any city may by ordinance make such regulations 

ordi'nan'c'e^'Lies rcspecting the cxposiug for sale and sale within its limits 
by hawkers and jjy hawkci's and Dcdlcrs of any of the articles enumerated 
in section one of chapter sixty-eight of the Public Statutes, 
as may be necessary and proper for preserving the public 
health and securing the peace and comfort of its inhal)i- 
tants ; and may atiix penalties not exceeding twenty dol- 
lars for one offence for the violation of any such ordi- 
j nance ; but nothing herein shall be so construed as to 

authorize any city to require the payment of any fee in 
cases in which such authority is not now given. 

Approved May 5, 1883. 

ChCLpXGQ An Act for the preservation of deer. 

Be it enacted, etc., as folloios: 
Hunting deer in Section 1. Whocvcr huuts, chascs or IviUs a deer 
BM-™st"bie^" within the counties of Plymouth or Barnstable, except his 
hXted.*^"^° own tame deer kept on his own grounds, shall forfeit for 
every such offence one hundred dollars. 

Section 2. All acts or parts of acts inconsistent here- 
with are hereby repealed. Appi-oved May 5, 1883. 

ChcwVJO An Act making appropriations for the completion of the 

DOUBLE TRACKING OF THE TROY AND GREENFIELD RAILROAD 
AND HOOSAC TUNNEL. 

Be it enacted, etc., as folloios: 
Appropriutions SECTION 1. The suui hereinafter mentioned is appro- 
trackingraii- prlatcd, to be paid out of the treasury of the Common- 
road and tunneh wealth, to be expended under the direction of the 

governor and council, for completing the double tracking 



1883. — Chaptek 171. 



463 



Palmer Water 
Company. 
Water supply 
for Palmer. 



of the Tro3' and Greenfield Eailroad and Hoosac Tunnel, 
to wit : For the completion of the double tracking of the 
Troy and Greentield Kailroad and Hoosac Tunnel, east of 
the eastern portal of the Hoosac Tunnel, a sum not 
exceeding two hundred and sixty-four thousand five 
hundred and fifty-two dollars. 

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

[T/ie foregoing was laid before the Governor on the third 
day of May, 1883, and after five days it had the '■'•force of a 
law," as prescribed by the Constitution, as it ivas not returned by 
him with his objections within that time.'\ 

An Act to incorporate the palmer water company, (7/i«29.171 

Be it enacted, etc., as follows : 

Section 1. James B. Shaw, John H. Gamwell, 
Stephen 8. Taft, Charles B. Fisk, Kobert L. Goddard 
and David Knox, their associates and successors, are 
hereby made a corporation b}^ the name of the Palmer 
AYater Company, for the purpose of furnishing the inhabi- 
tants of the town of Palmer with water for the extintruish- 
ment of fires, and for domestic and other purposes ; with 
all the poAvers and privileges, and subject to all the duties, 
restrictions and liabilities set forth in all geneial laws 
which now are or may hereafter be in force applicable to 
such corporations. 

Section 2. The said corporation for the purposes 
aforesaid may take, l)y purchase or otherwise, and hold, 
the Avater of Graves' Pond, so called, in the town of 
Palmer, and the waters which flow into and from the same, 
within the limits of said toAvn, and the water rights con- 
nected with any such water sources, and also all lands, 
rights of way and easements, necessary for holding and 
preserving such water, and for conveying the same to any 
part of said town ; and may erect on the land thus taken 
or held, proper dams, buildings, fixtures and other struct- 
ures, and may make excavations, procure and operate 
machinery, and provide such other means and appliances 
as may be necessary for the establishment and mainten- 
ance of complete and eflective Avatcr works ; and may 
construct and lay down conduits, pipes and other works 
under or over any lands, watercourses, railroads, or pub- 
lic or private ways, and along any such Avays in such 
manner as not unnecessarily to ol)struct the same ; and for 
the purpose of constructing, maintaining and repairing 



May take 'water 
of Graves' 
Poud. 



May construct 
and lay down 
conduits, pipes 
and other 
works. 



464 



1883. — Chapter 171. 



To cause to be 
recorded in the 
registry of 
deeds a descrip- 
tion of the laud, 
etc., taken. 



Liability for 
damages. 



Application for 
damages not to 
be made until 
■water is actu- 
ally diverted. 



May distribute 
■water, and fix 
and collect rates 
foi use of same. 



such conduits, pipes and other worlcs, and for all proper 
purposes of this act, said corporation may dig up any such 
lands, and, under the direction of the board of selectmen 
of the town in which any such waj's are situated, may 
enter upon and dig up any such ways in such manner as 
to cause the least hindrance to public travel on such 
ways. 

Section 3. The said corporation shall, within sixty 
days after tlie taking of any lands, rights of way, water 
rights, water sources or easements as aforesaid, other than 
by purchase, file and cause to be recorded, in the registry 
of deeds for the county Avithin which such lands or other 
property is situated, a description thereof sufficiently 
accurate for identification, with a statement of the pur- 
pose for which the same were taken, signed by the presi- 
dent of the corporation. 

Section 4. The said corporation shall pay all dam- 
ages sustained by any person in property l)y the taking of 
any land, right of way, water, water source, Avater right 
or easement, or by any other thing done by said corpora- 
tion under the authority of this act. Any person, sus- 
taining damages as aforesaid under this act, who fails to 
agree with said corporation as to the amount of damages- 
sustained, may have the damages assessed and determined 
in the manner provided by law when land is taken for the 
laying out of highways, on application at any time within 
the period of three years from the taking of such land or 
other property, or the doing of otlier injury, under the 
authority of this act ; but no such application shall l)e made 
after the expiration of said three years. No a[)plication 
for assessment of damages shall be made for the taking of 
any water, water right, or for any injiuy thereto, until the 
water is actually withdrawn or diverted by said corpora- 
tion under the authority of this act. 

Section 5. The said corporation may distribute the 
water tiirough said toAvn of Palmer ; may regulate the use 
of said Avater and fix and collect rates to be paid for the 
use of the same ; and may make such contracts Avith the 
said toAvn, or Avith any fire district that is or may here- 
after be established therein, or Avith any individual or 
corporation, to supply Avater for the extinguishing of fire 
or for other purposes, as may be agreed upon by said 
town, or such fire district, individual or corporation, and 
said corporation. 



1883. — Chapter 171, 



465 



Section 6. The said corporation may, for the purposes 
set forth in this act, hold real estate not exceding in 
amount ten thousand dollars ; and the whole capital stock 
of said corporation shall not exceed seventy-five thousand 
dollars, to be divided into shares of one hundred dollars 
each. 

Section 7. Whoever wilfully or wantonly corrupts, 
pollutes or diverts any of the waters taken or held under 
this act, or injures any structure, Avork or other property 
owned, held or used by said corporation under the author- 
ity and for the purposes of this act, shall forfeit and pay 
to said corporation three times the amount of damages 
assessed therefor, to be recovered in an action of tort ; 
and upon conviction of either of the above wilful or wan- 
ton acts shall be punished by a fine not exceeding three 
hundred dollars or by imprisonment not exceeding one 
year. 

Section 8. The said corporation may purchase from 
the owner of any aqueduct now used in furnishing water 
to the inhabitants of said town, all the estate, property 
rights and privileges of such owner, and by such purchase 
shall become subject to all the liabilities and duties to such 
owner appertaining. 

Section 9. The said corporation may issue bonds, 
and secure the same by a mortgage on its franchise and 
other property, to an amount not exceeding its capital 
stock actually paid in and applied to the purposes of its 
incorporation. 

Section 10. The said town, and any fire district that 
is or may hereafter be established therein, shall have the 
right, at any time during the continuance of the charter 
herel)y granted, to purchase the franchise, corporate prop- 
erty and all the rights and privileges of said corporation 
at a price which may be mutually agreed upon between 
said corporation and the said town, or such fire district ; 
and the said corporation is authorized to make sale of the 
same to said town or to such fire district. In case said 
corporation and said town, or such fire district, are una])le 
to agree, then the compensation to be paid shall be de- 
termined by three commissioners, to be appointed by the 
supreme judicial court, upon application of cither party 
and notice to the other, whose award, when accepted by 
said court, shall be binding upon all parties. This au- 
thority to purchase said franchise and property is granted 



Real estate and 
capital stock. 



Penalty for 
polluting or di- 
vertini; water, 
or for injury to 
property. 



May purchase 
aqueduct. 



May issue bonds 
and secure by 
mortgage. 



Town or fire 
district may 
purcliase fran- 
chise and 
property. 



Subject to 
assent by a two- 
thirds vote. 



466 1883. — Chapters 172, 173. ' 

on condition that the same is assented to by said toAvn, or 
such lire district, by a two-thirds vote of the voters of 
said town, or such fire district, present and voting thereon 
at a meeting called for that purpose. 
Security for Section 11. The couuty commissiouers for the county 

damages, may withiu whicli any laud, water or water rights taken under 
be required. ^^jg ^^^ |g situatcd, shall, upou application of the owner 
thereof, require said corporation to give satisfactory 
security for the payment of all damages and costs which 
may be awarded such owner for the land or other property 
so taken ; but previous to requiring such security the 
county commissioners shall, if application therefor is made 
by either party, make an estimate of the damages which 
may result from such taking, and the county commis- 
sioners shall in like manner require further security, if at 
any time the security before required appears to them to 
have become insufficient ; and all the right or authority 
of said corporation to enter upon or use such land or other 
property, except for making survej's, shall be suspended 
until it gives the security so required. 

Section 12. This act shall take eifect upon its passage. 

[T7ie foregoing tvas laid before the Governor on the fourth day 

of May ^ 1883, and after five days it had the ^'- force of a law," 

as prescribed by the Constitidion, as it was not returned by him 

with his objections ivithiri that tinie.~\ 

CJlCtp-^'72 An Act to confirm certain phoceedings of the annual meet- 
ing OF THE TOWN OF MONTAGUE IN THE YEAR EIGHTEEN HUNDRED 
AND EIGHTY-THREE. 

Be it enacted, etc., asfolloivs: 
Proceeflines at Section 1. All procccdino's of the annual meeting of 
Smed."'^^ the town of Montague held on the fifth day of March in 
the year eighteen hundred and eighty-three, so far as they 
may have been defective by reason of any failure to use 
the check-list in accordance with law, are hereby ratified 
and confirmed. 

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

Approved May 14, 1883. 

Ch<Zp.VJS An Act to provide against the use of unsafe elevators. 

Beit enacted, etc., asfolloivs: 

Inspection of If any clcvator whether used for freight or passengers 

eevatore. gl^all iu the judgment of the inspector of factories and 

public buildings of the district in which such elevator is 

used, or, in the city of Boston, of the inspector of build- 



1883. — Chapters 174, 175. 



467 



Evenins; schools 
to bfi maintained 
in cities and 
towns having 
10,uOO inhabi- 
tants. 



ings of said city, be unsafe or dangerous to use or has not 
been constructed in the manner required by hiw, the said 
inspector shall immediately })lacard conspicuously upon Notice to be 
the entrance to or door of the cab or car of such elevator elevators are^^° . 
a notice of its dangerous condition, and prohibit the use ""*''^®- 
of such elevator until made safe to the satisfaction of said 
inspector. Any person removing such notice or operating Penalty. 
such elevator while such notice is placarded as aforesaid, 
without authority from said inspector, shall be punished 
by a tine of not less than ten nor more than fifty dollars 
for each olience. ^ 

Approved Hay 14, 1S83. 

An Act for the establishment and maintenance of evening ChnpXl^z 

SCHOOLS. 

Be it enacted, etc., as foUoivs: 

Section 1. Every town and city having ten thousand 
or more inhabitants shall estal)lish and maintain, in addi- 
tion to the schools required by law to be maintained there- 
in, evening schools for the instruction of persons over 
twelve years of age in orthography, reading, writing, 
geography, arithmetic, drawing, the history of the United 
States, and good behavior. Such other branches of learn- 
ing may be taught in such schools as the school committee 
of the town shall deem expedient. 

Section 2. The school committee of such towns shall 
have the same superintendence over such evening schools 
as they have over other schools, and may determine the 
term or terms of time in each year, and the hours of the 
evening during which such schools shall be kept, and may 
make such regulations as to attendance at such schools as 
they may deem expedient. 

Section 3. Nothing contained in this act shall exempt 
any person from the requirements of section one of chapter 
forty-seven of the Public Statutes. 

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

Approved May 14, 1883. 

An Act in relation to examinations and trials in criminal Chcip.V75 
cases before a trial justice. 

Be it enacted, etc., as follows : 

Section 1. If a trial justice fsiils to attend at the time 
and place to which an examination or trial has been 
adjourned by him under the provisions of section twenty- 
six of chapter two hundred and twelve of the Public 



To bo under 
superintendence 
of the school 
committee. 



No exemption 
from require- 
ments r. 8. 47, 
§1. 



If justice fails to 
attend at an ad- 
jduniid trial, 
anotherjuHtice 
for tiie same 
county may try 
the case, etc. 



468 



1883. — Chapter 176. 



Taxation of 
costs. 



Chap, 



May lay out a 
street over tide 
waters of 
Acushnet 
River. 



May take cer- 
tain land. 



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



Land taken to 
vest in city. 



Statutes, any other trial justice for the same county may 
attend and hear or try said case, and may further adjourn 
such examination or trial in the same manner as the jus- 
tice before whom the case was first pendinof. The justice 
so] taking cognizance of the case shall make a minute of 
the proceedings before himself on the complaint and cer- 
tify the same which shall be entered on the records of the 
justice who makes the final order, sentence or decree in 
the case. Any recognizance taken by the justice before 
whom the case was originally pending shall continue in 
full force and effect. 

Section 2. The same costs shall be taxed in any case 
continued or transferred from one trial justice to another 
as if all the proceedings had been before one justice. 

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

Approved May 14, 1883. 

176 An Act to authorize the city of new Bedford to build a 

HIGHWAY over the TIDE WATERS OF ACUSHNET RIVER, AND 
TO TAKE CERTAIN LANDS ADJOINING THE SAME FOR THE PRES- 
ERVATION OF THE HEALTH OF SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. The city council of the city of New Bed- 
ford is hereby authorized, subject to the provisions of 
chapters nineteen and fifty-one of the Public Statutes, to 
lay out an easterly extension of Howland Street in said 
city over the tide waters of the Acushnet River from the 
present easterly terminus of said street, but not to extend 
beyond the harbor line as now established by law. 

Section 2. Said city may, also, for the purpose of 
preserving the health of its inhabitants, take certain lands 
contiguous to the street authorized to be laid out under 
this act, and thus described : — bounded east by the 
channel of the Acushnet Kiver, south by the northerly 
line of the street authorized to be laid out as aforesaid, 
west by land now or formerly of Horace Humphrey, and 
north by land of Green and Wood. Said city shall, 
within sixty days from the time it shall take such laud, 
file in the ofKce of the registry of deeds for the southern 
district of Bristol County a description of the lands so 
taken as certain as is required in a conveyance of lands, 
and a statement that the same is taken pursuant to the 
provisions of this act, which said description and the 
statement shall be signed by the mayor of said city, and 
the title to the land so taken shall thereby vest in said 



1883. — Chapter 177. 



469 



city ; and if any person whose land is so taken shall agree 
Willi said city as to the amount of his damages he shall be 
paid the same forthwith ; but if he shall not be able to so 
agree he may at any time within one year from the time 
of such taking apply by petition to the superior court for 
the county of Bristol, and have his damages assessed by a 
jury therein, and the proceedings thereon shall be the 
same as in the case of lands taken for the laying out of 
highways, except that the damages shall be estimated on 
the basis that the fee of the land has been taken by said 
city ; and said city upon taking such land may till in the 
same or any portion thereof, from time to time, with 
suitable materials, and shall abate the nuisance existing 
thereon ; but the operations of such tilling shall be sub- 
ject to the approval of the board of harbor and land 
commissioners. 

Section 3. The said city may extend the sewer now 
discharginof into the dock at the foot of said Hovvland 
Street, and such other sewers as in its judgment will be 
required for the health of the city at any time hereafter, 
so as to discharge the same in deep water on any portion 
of the tract herein authorized in any way to be taken. 

Section 4. The rights given under section one of this 
act to lay out said street shall not be deemed exhausted 
by a partial exercise thereof, but shall continue for subse- 
quent locations until said harbor line is reached. 

Section 5. This act shall takecfiect upon its passage. 

Approved May 15, 1883. 



ABsegsment of 
damages. 



May extend 
sewers to deep 
water. 



Rights to lay out 
street to contia- 
ue until harbor 
liue is reached. 



Chapm 



An Act to incorporate the sharon water company. 
Be it enacted, etc., as follows : 

Section I. H. Augustus Lothrop, George Kempton, sharon water 
William R. Mann, Charles D. Hixon, William B. Wickes, Company. 
Joel P. Hewins, Percy M. Blake, their associates and 
successors, are hereby made a corporation by the name of 
the Sharon Water Company, for the purpose of supplying watersuppiy 
the inhabitants of the towns of Sharon, Canton and silaro"' and 
Stoughton with water for the extinguishment of fires, and '^'""s'"^°"* 
for domestic and other purposes ; with all the powers and 
privileges, and subject to all the duties, restrictions 
and liabilities, set forth in all general laws which now are 
or may hereafter be in force applicable to such corpora- 
tions. 

Section 2. The said corporation, for the purposes 



470 



1883. — Chapter 177. 



May take 
waters of Lake 
Maseapoaer, 
Beaver Hole 
Meadow Brook, 
etc. 



May erect dams, 
and lay down 
pipes and con- 
duits. 



A description of 
the land taken 
to be filed and 
recorded in the 
registry of 
deeds. 



Liability for 
damages. 



aforesaid, may take, by purchase or otherwise, and hold, 
the water of Lake Massapoag, and the waters which 
flow into and from the same ; Beaver Hole ISIeadow Brook 
and springs adjacent and tributary thereto, and also all 
lands, rights of way and easements, necessary for holding 
and preserving such water, and for conveying the same to 
any part of said towns of Sharon, Canton or Stoughton ; 
and may erect on the land thus taken or held, proper 
dams, buildings, fixtures and other structures, and may 
make excavations, procure and operate machinery, and 
provide such other means and appliances as may be neces- 
sary for the establishment and maintenance of complete and 
eflective water works ; and may construct and lay down 
conduits, pipes and other works under or over any lands, 
water courses, railroads, or public or private ways, and 
along any such ways in such manner as not unnecessarily 
to obstruct the same ; and for the purpose of constructing, 
maintaining and repairing such conduits, pipes and other 
works, and for all proper purposes of this act, said corpo- 
ration may dig up any such lands, and, under the direc- 
tion of the board of selectmen of the town in which any 
such ways are situated, may enter upon and dig up any 
such ways in such manner as to cause the least hindrance 
to public travel on such ways. 

Section 3. The said corporation shall, within sixty days 
after the taking of any lands, rights of way, water rights, 
water sources or casements as aforesaid, otherwise than 
by purchase, file and cause to be recorded, in the registry 
of deeds for the county within which such lands or other 
property is situated, a descri[)tion thereof sufficiently 
accurate for identification, with a statement of the purpose 
for which the same were taken, signed by the president 
of the corporation. 

Section 4. The said corporation shall pay all damages 
sustained by any person in property by the taking of any 
land, right of way, water, water source, water right or 
easement, or by any other thing done by said corporation 
under the authority of this act. Any person sustaining 
damao;es as aforesaid under this act, who fails to airree 
with said corporation as to the amount of damages 
sustained, may have the damages assessed and determined 
in the manner provided by law when land is taken for the 
laying out of highways, on a})i)lication at any time within 
the period of three years from the taking of such land or 



1883. — Chapter 177. 



471 



other property, or the doing of other injury, under the 
authority of this act ; but no such application shall be 
made after the expiration of said three years. No ajipli- 
cation tor assessment of damaijjes shall be made for the 
taking of any water, water right, or for any injury there- 
to, until the water is actually withdrawn or diverted by 
said corporation under the authority of this act. 

Section 5. The said corporation may distribute the 
water through said towns of Sharon, Canton and Stough- 
ton, or either of them ; may regulate the use of said 
water and fix and collect rates to be paid for the use of 
the same ; and may make such contracts with the said 
towns, or with either of them, or with any fire district 
that is or may hereafter be established therein, 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 towns, or either of them, or such 
fire district, individual or corporation, and said corpora- 
tion. 

Section 6. The said corporation may, for the purposes 
set forth in this act, hold real estate not exceeding in 
amount ten thousand dollars ; and the whole capital stock 
of said corporation shall not exceed seventy-five thousand 
dollars, to be divided into shares of one hundred dollars 
each. Any manufacturing or other corporation doing 
business in either of said towns may subscribe for and 
hold stock of said Sharon Water Company. 

Section 7. Whoever wilfully or wantonly corrupts, 
pollutes or diverts any of the waters taken or held under 
this act, or injures any structure, work or other property 
owned, held or used by said corporation under the author- 
ity and fur the purposes of this act, shall forfeit and pay 
to said corporation three times the amount of damages 
assessed therefor, to be recovered in an action of tort ; 
and upon conviction of either of the above wilful or 
wanton acts shall be punished by a fine not exceeding 
three hundred dollars or by imprisonment not exceeding 
one year. 

Section 8. The said corporation may purchase from the 
owner of any aqueduct or water pipes now used in fur- 
nishing water for the purpose of extinguishing fires in 
either of the said towns, all the estate, property rights 
and privileges of such owner, and by such purchase shall 
become subject to all the liabilities and duties to such 
owner appertaining. 



Application for 
(lainai<c8 not be 
in;nlu until 
water is actually 
diverted. 



May distribute 
water, and tix 
and collect 
water rates. 



Real estate and 
capital stock. 



Stock may be 
held by certalQ 
corporations. 



Penalty for pol- 
luting or divert- 
ing water, or 
for injury to 
property. 



May purchase- 
aqueduct, etc.. 



franchise and 
property 



472 1883. — Chapter 177. 

Mayissuebonds Section 9. The sa'id Corporation may issue bonds, and 
mortgage.^ ^ sccuie the samc by a mortgage on its franchise, and other 
property, to an amount not exceeding its capital stock 
, actually paid in and applied to the purposes of its incor- 

poration. 
Town of Sharon SECTION 10. The Said town of Sharon shall have the 
tTme; purchase right, at auy time during the continusmce of the charter 
hereby granted, to purchase the franchise, corpoiate 
property and all the rights and privileges of said corpora- 
tion at a price which may be mutually agreed upon be- 
tween said corporation and the 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 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 
said court, shall be binding upon all parties. This 
Subject to authority to purchase said franchise and i)roperty is 

assent by a two- .•' t • ^1,1 ■ j_-iji'i 

thirds vote. granted on conditu)n that the same is assented to t)y said 
town, by a two-thirds vote of the voters present and 
voting thereon at a meeting called for that purpose. 
Security may be Sectiox 11. The couiity Commissioners for the county 
paTmento7' withiu which any land, water or water rights taken under 
damages. ^j^j^ ^^^ -^ gituatcd, shall, upou application of the owner 

thereof, require said corporation to give sati*fact()ry 
security for the payment of all damages and costs which 
may be awarded such owner for the land or othei' jH'operty 
so taken ; but previous to requiring such security the 
county commissioners shall, if application therefor is 
made by either party, make an estimate of the damages 
which may result from such taking, and the county com- 
missioners shall in like manner require further security, 
if at any time the security l)efore required appears to 
them to have become insufficient ; and all the right or 
authority of said corporation to enter upon or use such 
land or other property, except for making surveys, shall 
be suspended until it gives the security so required. 

Section 12. This act shall take etiect upon its passage. 

[r/ie f>regoing was laid before the Governor on the ninth day 

of Mail, 1SH3, and after five days it had the '•'force of a laiv" as 

prescribed by the Constitution., as it was not returned by him with 

his objections within that time.^ 



1883. — Chapters 178, 179, 180. 473 

An Act to change the nauie of the lowell wood turning L'/lCtJ)-lio 

COMPANY. 

Be it enacted^ etc., as follows: 

Section 1. The name of the Lowell Wood Turning ,^''^„^^,^.^f^f,t.oi 
Comnanv, a corporation orijanized under the general laws and Bobbin 

,. . X , 1 . 'i 1 . 1 T no 1 Company. 

of the Commonwealth, is changed to the "Lowell bpool 
and Bobbin Company." 

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

Ajpproved 3Iay 16, 1883. 

An Act to authorize the town of charlton to fay a bounty L'/lCip.ii J 

TO ALBERT KNIGHT. 

Be it enacted, etc., as follows: 

Section 1. The town of Charlton is authorized to Town may pay 

1 r 1 1 1 T i i i2 " soldier's 

appropriate the sum or one hundred ana twenty-iive bounty to ai- 
doUars and a further sum equal to the interest on one """^ "'^ ^' 
hundred and twenty-five dolhirs from the tirst day of 
January in the year one thousand eight hundred and 
si.\ty-four to the first day of May in the year one thou- 
sand eiglit hundred and eighty-three, for the payment of 
a bounty to Albert Knight of said town, who served 
during the late war as one of the quota of said town, and 
has never received any bounty from said town : provided. Proviso. 
that saiil town shall not be re-imbursed by the Common- 
wealth for any money paid under authority of this act. 
Section 2. This act shall take effect upon its passage. 

Approved May 16,1883. 

An Act to regulate the taking of fish in acushnet river in Chaj^.^SO 

THE TOWN OF ACUSHNET. 

Be it enacted, etc., as follows: 

Section 1. The town of Acushnet may at any legal Town may regu- 
meeting called for that purpose make regulations, not 
inconsistent with the provisions of the laws of the Com- 
monwealth, concerning the taking of herrings, alewives 
and shad within said town, or concerning the disposal of 
the privilege of taking the same for its own use and 
benefit. 

Section 2. Said town may, at its annual meeting in to choose a 
April in the year eighteen hundred and eighty-three, and enforce reguia 
in each year thereafter choose three discreet persons by 
ballot whose duty it shall be to inspect said river, to cause 
the regulations respecting said fishery to be carried into 
•effect and to prosecute all violations thereof. 



474 



1883. — Chapter 181. 



Water supply 
of New Bed- 
ford not to be 
interfered with. 



Chapl^l 



North Attle- 
borough Water 
Company. 



"Water supply 
for Attle- 
borough. 



May take the 
water of Ten 
Mile River. 



Section 3. Whoever takes from said river any of said 
fish in violation of said reo;ulations shall forfeit for each 
fish so taken not more than ten dollars nor less than one 
dollar, one half of all such forfeitures shall enure to the 
complainant and one half to said town. 

Section 4. The powers and duties granted by this 
chapter, shall be subject in all respects to the rights here- 
tofore granted to the city of New Bedford under chapter 
one hundred and sixty-three of the acts of the year 
eighteen hundred and sixty -three, and nothing contained 
in this act shall in any way be construed as permitting 
or authorizing any interference with the water supply of 
said city, or authorizing any control in or in any way 
applying to the storing reservoir of said city or any works 
connected with its water supply, nor shall any such fishery 
be permitted to be operated in said reservoir or in any 
portion of said water supply. 

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

Approved May 16, 1883. 

An Act to incokporate the nohth attleborough avater 

COMPANY. 

Be it enacted, etc., as follows : 

Section 1. Henry F. Barrows, Handel N. Daggett 
and Joseph G. Barden, their associates and successors, 
are hereby made a corporation by the name of the North 
Attleborough Water Company, for the purpose of fur- 
nishing the inhabitants of North Attleborough, or any 
part of Attleborough, with water for the extinguishment 
of fires and for domestic and other purposes ; Avith all the 
powers and privileges and subject to all the duties, 
restrictions and Haiti lities set forth in all general laws 
which now are or may hereafter be in force applicable to 
such corporations. 

Sectjon 2. The said corporation, for the purposes 
aforesaid, may take, by purchase or otherwise, and hold, 
the water of Ten Mile River, in the town of Attleborough, 
and the water rights connected with such water source 
within the limits of said town, and also all lands, rights of 
way and easements, necessary for holding and preserving 
such water, and for conveying the same to any part of 
said town ; and may erect on the land thus taken or held, 
pro[)er dams, buildings, fixtures and other structures ; and 
may make excavations, procure and operate machinery^ 



1883. — Chapter 181. 



475 



and provide such other means and appliances as may be 
necessarj'^ for the establishment and maintenance of com- 
plete and effective water works ; and may construct aud 
lay down conduits, pipes and other works under or over 
any lands, water courses, railroads, or public or private 
ways, and along any such ways in such manner as not 
unnecessarily to obstruct the same ; and for the purpose 
of constructing, maintaining and repairing such conduits, 
pipes and other works, and for all proper purposes of 
this act, said corporation may dig up any such lands, and, 
under the direction of the board of selectmen of the town 
in which any such ways are situated, may enter upon and 
dig up any such ways in such manner as to cause the least 
hindrance to public travel on such ways. 

Section o. The said corporation shall, within sixty 
days after the taking of any lands, rights of way, water 
rights, water sources or easements as aforesaid, other than 
by purchase, file and cause to be recorded in the registry 
of deeds for the county within which such lands or other 
property is situated, a description thereof sufficiently 
accurate for identification, with a statement of the purpose 
for which the same were taken, signed by the president of 
the corporation. 

Section 4. The said corporation shall pay all dam- 
ages sustained by any person in property by the taking of 
any land, right of way, water, water source, water right 
or easement, or by any other thing done by said corpora- 
tion under the authority of this act. Any person, sus- 
taining damages as aforesaid under this act, who fails to 
agree with said corporation as to the amount of damages 
sustained, may have the damages assessed and determined 
in the manner provided by law when land is taken for the 
laying out of highways, on application at any time within 
the period of three years from the taking of such land or 
other property, or the doing of other injury, under the 
authority of this act ; but no such application shall be 
made after the expiration of said three years. No appli- 
cation for assessment of damages shall be made for the 
taking of any water, water right, or for any injury thereto, 
until the water is actually withdrawn or diverted by said 
corporation under the authority of this act. 

Section 5. The said corporation may distribute the 
water through said town of Attlebo rough ; may regulate 
the use of said water and fix and collect rates to be paid 



May construct 
dani8, and lay 
down pipes and 
coiiduiw. 



A description of 
the land, etc., 
taken, to be filed 
and recorded in 
the rigistry of 
deeds. 



Liability for 
damages. 



Application for 
damages not to 
be made until 
the water is 
actually di- 
verted. 



May distribute 
wati-r, and may 
fix and collect 
water rates. 



476 



1883. — CHArTER 181. 



Renl egtnte and 
capital Block. 



May Issue 
boiuls, find 
eecure by 
mortgage. 



LiaWlity for 
amount of water 
taken. 



Penalty for 
polluting or 
diverting water, 
or for injury to 
property. 



Fire District 
Number One 
nay purchase 
franchise and 
property. 



for the use of the same ; and may make such contracts 
■with the said town, or with any fire district that is or may 
hereafter be established therein, or with any individual or 
corporation, to supply water for the extinguishing of tires 
or for other purposes, as may be agreed upon by said 
to'wn, or such fire district, individual or corporation, and 
said corporation. 

Section G. The said corporation may, for the pur- 
poses set forth in this act, hold real estate not exceeding 
in amount ten thousand dollars ; and the whole capital 
stock of said corporation shall not exceed one hundred 
thousand dollars, to be divided into shares of one hundred 
dollars each. 

Sectiox 7. The said corporation may issue bonds, and 
secure the same by a mortgage on its franchise and other 
property to an amount not exceeding its capital stock 
actually paid in and applied to the purposes of its incor- 
poration. 

Section 8. The said corporation may by vote from 
time to time fix and determine what amount or quantity 
of "water it purposes to take and appropriate under this 
act ; in which case the damages for such taking shall be 
based upon such amount or quantity until the same shall 
be increased by vote or otherwise, in which event said 
corporation shall be further liable only for the additional 
damages caused by such additional taking. 

Section 9. AYhoever wilfully or wantonly corrupts, 
pollutes or diverts any of the waters taken or held under 
this act, or injures any structure, work or other property 
owned, neld or used by said corporation under the author- 
ity and for the purposes of this act, shall forfeit and pay 
to said corporation three times the amount of damages 
assessed therefor, to be recovered in an action of tort ; 
and upon conviction of either of the above wilful or Avan- 
ton acts shall be punished by a fine not exceeding three 
hundred dollars or by imprisonment not exceeding one 
year. 

Section 10. The corporation now known as the Fire 
District Number One, North Attleborough, shall have the 
right at any time during the continuance of the charter 
hereby granted, to purchase the franchise, corporate 
property and all the rights and privileges of s;iid corpora- 
tion, at a price which may be mutually agreed upon be- 
tAveen said corporation and the said fire district ; and the 



1883. — Chapter 181. 



477 



said corporation is authorized to make sale of the same to 
said hre district. In case said corporation and said fire 
district are unable to agree, then the compensation to be 
paid shall be determined by three commissioners, to be 
appointed by the supreme judicial court, upon application 
of either party and notice to the other, whose award, 
when accepted by said court, shall be binding upon all 
parties. This authority to purchase said franchise and 
property is granted on condition that the same is assented 
to by said fire district b}' a two-thirds vote of the voters 
qualified to vote in town aft'airs present and voting there- 
on at any legal meeting called for that purpose; where- 
upon all the rights, privileges and liabilities of said North 
Attleborough Water Company shall vest in and be assumed 
by said fire district. 

Section 11. The said fire district may, for the pur- 
pose of paying the cost of said franchise and corporate 
property and the necessary expenses and liabilities incurred 
under the provisions of this act, issue from time to time 
bonds, notes or scrip, to an amount not exceeding in the 
aggregate one hundred thousand dolhirs ; such bonds, 
notes and scrip shall bear on their face the words " North 
Attleborough Fire District Water Loan " ; shall be pay- 
able at the expiration of periods not exceeding thirty 
years from the date of issue ; shall bear interest payable 
semi-annually at a rate not exceeding six per centum per 
annum, and shall be signed by the treasurer of said fire 
district, and he countersigned by the water commissioners 
hereinafter provided for. The said tire district may sell 
such securities at public or private sale, or pledge the 
same for money borrowed for the purposes of this act, 
upon such terms and conditions as it may deem proper. 
The said fire district shall provide, at the time of con- 
tracting said loan, for the establishment of a sinking fund, 
and shall annually contribute to such fund a sum sufficient, 
with the accumulations thereof, to pay the principal of 
said loan at maturity. The said sinking fund shall remain 
inviolate and pledged to the payment of said loan, and 
shall be used for no other purpose. 

Skction 12. The said fire district shall raise annually 
by taxation a sum which, with the income derived from 
the water rates, will be sufficient to pay the current annual 
expenses of operating its water works, and the interest as 
it accrues on the bonds, notes and scrip issued as afore- 



Subject to as- 
Bent of tlie tire 
district by a 
two-lliirds vote. 



North Altle. 
borough Fire 
District Water 
Loau. 



Sinking fund to 
be c'btabljshed. 



Sum sufficient 
for current cx- 
penees and in- 
terest, to be 
raised annually 
by taxation. 



478 



1883. — Chapter 181. 



May raise addi- 
tional sum for 
extension of 
works. 



Asseesmenl and 
collection of 
tax. 



May collect 
interest on taxes 
when overdue. 



Board of water 
commissioners 
to be elected. 



Powers and 
duties. 



Vacancy. 



said by said fire district, and to make such contributions 
to the sinking fund and payments on the principal as may 
be required under the provisions of this act. Said fire 
district is further authorized to raise by taxation any sum 
of money for the purpose of enlarging or extending its 
water works and providing necessary additional appliances 
and fixtures connected therewith, not exceeding five thou- 
sand dolhirs in any one year. 

Sectiox 13. Whenever a tax is duly voted by said 
fire district for the purposes of this act, the clerk shall 
render a certified coi)y of the vote to the assessors of the 
town of Attleborough, who shall proceed within thirty 
days to assess the same in the same manner in all respects 
as other taxes in said fire district are by law required to 
be assessed. The assessment shall be committed to the 
town collector, who shall collect said tax in the same 
manner as is provided for the collection of town taxes, 
and shall deposit the proceeds thereof with the town 
treasurer, for the use and benefit of said fire district. 
Said fire district may collect interest on taxes, when over- 
due, at a rate not exceeding one per centum per month, 
in the same manner as interest is authorized to be collected 
on town taxes : provided, said fire district at the time of 
voting to raise a tax shall so determine, and shall also fix 
a time for payment thereof. 

Section 14. The said tire district shall, after its pur- 
chase of said franchise and corporate property, as pro- 
vided in 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 meeting, to constitute a board of 
water commissioners ; and at each annual meeting there- 
after one such commissioner shall be elected by ballot for 
the term of three years. All the authority granted to the 
said fire district by this act, and not otherwise specifically 
provided for, shall be vested in said board of water com- 
missioners, who shall be subject, however, to such in- 
structions, rules and regulations as said fire district may 
impose by its vote ; the said commissioners shall be 
trustees of the sinking fund herein provided for, and a 
majority of said commissioners shall constitute a quorum 
for the transaction of business relative both to the water 
works and to the sinking fund. Any vacancy occurring 



1883. — Chapter 182. 



479 



in said board from any cause may be filled for the remain- 
der of the unexpired term by said fire district, at any legal 
meeting called for th« purpose. No money shall be 
drawn from the town treasury on account of said water 
works, except by a written order of said commissioners, 
or a majority of them. Said commissioners shall annually 
make a full report to said fire district in writing of their 
doings and expenditures. 

Section 15. The said fire district may adopt by-laws 
prescribing by whom and how meetings may be called and 
notified ; but meetings may also be called, on application 
of seven or more legal voters in said fire district, by 
warrant from the selectmen of said town, on such notice 
as may be prescribed therein. The said fire district may 
also provide rules and regulations for the management of 
its water works not inconsistent with this act or the laws 
of the Commonwealth, and may choose such other officers 
not provided for in this act as it may deem proper and 
necessary. 

Section 16. The county commissioners for the county 
within which any land, water or water rights taken under 
this act is situated shall, upon application of the owner 
thereof, require said corporation to give satisfactory 
security for the payment of all damages and costs which 
may be awarded such owner for the land or other prop- 
erty so taken ; but previous to requiring such security the 
county commissioners shall, if application therefor is made 
by either party, make an estimate of the damages which 
may result from such taking, and the county commission- 
ers shall in like manner require further security, if at any 
time the security before required appears to them to have 
become insufficient ; and all the right or authority of said 
corporation to enter upon or use such land or other prop- 
erty, except for making surveys, shall be suspended 
until it gives the security so required. 

Section 17. This act shall take effect upon its passage. 

Approved May 16, 1883. 

An Act to iifcoupoRATE the franklin watek company. 

Be it enacted, etc., as fuUoivs : 

Section 1. Joseph G. Ray, Asa A. Fletcher, William 
E. Nason, William M. Thayer, James M. Freeman, James 
P. Kay, George \V. Wiggin, Henry R. Jenks, Homer V. 
Snow and their associates and successors, are hereby 



Annual report. 



Fire district 
may adopt by- 
laws for calling 
and notifying 
meetings. 



May prescribe 
rules for man- 
agement of 
water works. 



Security may be 
required to be 
given for pay- 
ment of dam- 
ages and costs. 



C7iap.lS2 



Franklin Water 
Company. 



480 



1883. — Chapter 182. 



Water supply 
for Franklin. 



May take water 
of Mine Brook 
or of Beaver 
Pond. 



May consfrnct 
ami lay down 
conduits, etc. 



A description 
of the land, etc., 
taken, tobe tik'd 
and reconicd in 
the registry of 
-deeds. 



Liability for 
damages. 



made a corporation by the name of the Franklin Water 
Company, for the purpose of furnishing the inhabitants of 
the town of Franklin 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, 
restrictions and liabilities set forth in all general laws 
which now^ are or may hereafter be in force applicable to 
such corporations. 

Section 2. The said corporation, for the purposes 
aforesaid, may take, by purchase or otherwise, and hold, 
the water of "Mine Brook," so called, or of "Beaver 
Pond," so called, in the town of Franklin, and the water 
rights connected therewith, and also all lands, rights of 
way and easements, necessary for holding and preserving 
such water, and for conveying the same to any part of 
said town ; and may erect on the land thus taken or held, 
proper dams, buildings, fi.Ktures and other structures ; 
and may make excavations, procure and operate machin- 
ery, and provide such other means and appliances as may 
be necessary for the establishment and maintenance of 
complete and effective water works ; and may construct 
and lay dow^n conduits, pipes and other Avorks, under or 
over any lands, water courses, railroads, or public or 
private ways, and along any such ways in such manner as 
not unnecessarily to ol)struct the same ; and for the pur- 
pose of constructing, maintaining and repairing such con- 
duits, pipes and other works, and for all proper pur- 
poses of this act, said corporation may dig up any such 
lands, and, under the direction of the board of selectmen 
of the town in which any such ways are situated, may 
enter upon and dig up any such ways in such manner as 
to cause the least hindrance to public travel on such 
ways. 

Section 3. The said corporation shall, Avithin sixty 
daA's after the taking of any lands, rights of way, water 
rights, water sources or easements as aforesaid, otherwise 
than by purchase, file and cause to be recorded in the 
registry of deeds for the county within which such lands 
or other property is situated, a description thereof sutfi- 
ciently accurate for identification, with a statement of the 
purpose for which the same were taken, signed by the 
president of the corporation. 

Section 4. The said corporation shall pny all damages 
sustained by any person in property by the taking of any 



1883. — Chapter 182. 481 

land, right of way, water, water source, water right or 
easement, or by any other thing done by said corporation 
under the authority of this act. Any person sustaining 
damages as aforesaid under this act, who fails to agree 
with said corporation as to the amount of damages sus- 
tained, may have the damages assessed and determined in 
the manner provided by law when land is taken for the 
laying out of highways, on application at any time within 
the period of three years from the taking of such land or 
other property, or the doing of other injury, under the 
authority of this act ; but no such application shall be 
made after the expiration of said three years. No appli- Application for 

1111 TPi daniagee not to 

cation for assessment of damages shall be made tor ihe bemadeuntu. 
taking of any water, water right, or for any injury thereto, 
until the water is actually withdrawn or diverted by said 
corporation under the authority of this act. 

Section 5. The said corporation may distribute the May regruiate 

i ^ . use of water, 

water through said town of Frankhn ; may regulate the and fir ana coi- 
use of said water, and fix and collect rates to be paid for 
the use of the same ; and may make such contracts v\ ith 
the said town, or with any fire district that is or may here- 
after be established therein, or with any individual or cor- 
poration, to supply water for the extinguishing of fire or 
for other purposes, as may be agreed upon by said town, 
or such tire district, individual or corporation, and said 
corporation. 

Section 6. The said corporation may, for the pur- Real estate and 

/. 1 . 1 • 111 1 . 1 !• capital Stock. 

poses set forth in this act, hold real estate not exceeding 
in amount twenty-five thousand dollars^ and the whole 
capital stock of said corporation shall not exceed seventy- 
five thousand dollars, to be divided into shares of one 
hundred dollars each. Any manufacturing or other cor- 
poration doing business in said town may subscribe for 
and hold stock of said Franklin Water Company. 

Section 7. Whoever wilfully or wantonly corrupts. Penalty for 

.' 1111 poUutiiig water 

pollutes or diverts any of the waters taken or held under or f..r injury to 
this act, or injures any structure, work or other property p''"*'*'"*'- 
owned, held or used by siiid corporation under the author- 
ity and for the purposes of this act, shall forfeit and pay 
to said corporation three times the amount of damages 
assessed therefor, to be recovered in an action of tort ; 
and upon conviction of either of the above wilful or wan- 
ton acts shall be punished by a fine not exceeding three 
hundred dollars or by imprisonment not exceeding one 
year. 



482 



1883. — Chapter 182. 



May iBsne 
bonds, and se- 
cure by mort- 
gage. 



Town of Frank- 
lin may pur- j 
chase franchise 
and property. 



Franklin Water 
Loan. 



Sinking fund to 
be establUhfed. 



Section 8. The said corporation may issue bonds, and 
secure the same by a mortgage on its franchise and other 
property to an amount not exceeding its capital stock 
actual!}^ paid in and applied to the purposes of its incor- 
poration. 

Section 9. The said town of Franklin shall have the 
right, at any time during the continujince of the charter 
hereby granted, to purchase the franchise, corporate 
property, and all the rights and privileges of said corpo- 
ration at a price which may be mutually agreed upon 
between said corporation and the 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 compensation to be paid shall be deter- 
mined by three commissioners, to be appointed by the 
supreme judicial court, up(jn application of either party 
and notice to the other, whose award, when accepted by 
said court, shall be binding upon all parties. This author- 
ity 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 of said town, present and 
voting thereon at a meeting called for that purpose. 

Section 10. The said town may, for the purpose of 
paying the cost of said franchise and corporate property, 
and the necessary expenses and liabilities incurred under 
the provisions of this act, issue from time to time, bonds, 
notes or scrip, to an amount not exceeding in the aggre- 
gate seventy-five thousand dollars; such bonds, notes and 
scrip shall bearpn their face the words "Franklin Water 
Loan ; " shall he payable at. the expiration of periods not 
exceeding thirty years from the date of issue ; shall hear 
interest payable semi-annually, at a rate not exceeding 
six per centum per annum, and shall be signed by the 
treasurer of the town, and countersigned by the water 
commissioners hereinafter provided for. The said town 
may sell such securities at public or private sale, or jiledge 
the same for money borrowed for the purposes of this act, 
upon such terms and conditions' as it may deem proper. 
The said tow.u shall provide, at the time of contracting 
said loan, for the establishment of a sinking furd, and 
shall annually contril)ute to such fund a sum sufficient, 
with the accumulations thereof, to pay the principal of 
said loan at maturity. The said sinking fund shall remain 
inviolate, and pledged to the payment of said loan, and 
fcihall be used for no other purpose. 



1883. — Chapter 182. 



483 



Section 11. The said town shall raise annually, by 
taxation, a sum which, with the income derived from the 
water rates, will be sufficient to pay the current annual 
■expenses of operating its water works, and the interest as 
it accrues, on the bonds, notes and scrip issued as afore- 
said by said town, and to make such contributions to the 
sinking fund and payments on the principal as may be 
required under the provisions of this act. 

Section 12. The said town shall, after its purchase of 
said franchise and corporate property, as provided in 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 suc- 
ceeding annual town meeting, to constitute a board of 
water commissioners ; and at each annual town meeting 
thereafter one such commissioner shall be elected by 
ballot tor the term of three years. All the authority 
granted to the said town by this act, and not otherwise 
specifically provided for, shall be vested in said board of 
water commissioners, who shall be subject, however, to 
such instructions, rules and regulations as said town may 
impose by its vote ; the said commissioners shall be 
trustees of the sinking fund herein provided for, and a 
mnjority of said commissioners 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 re- 
mainder of the unexpired term by said town, at any legal 
town meeting called for the purpose. 

Section 13. The county commissioners for the county 
within which any land, water or water rights taken under 
this act is situated, shall, upon application of the owner 
thereof, require said corporation to give satisfactory 
security for the payment of all damages and costs which 
may be awarded such owner for the land or other property 
so taken ; but previous to requiring such security the 
county commissioners shall, if application therefor is 
made l)y either party, make au estimate of the damages 
which may result from such taking, and the county com- 
missioners shall in like manner require further security, 
if at any time the security before required appears to 
them to have become insufficient ; and all the right or 
authority of said corporation to enter upon or use such 



Town to raise 
annually by 
tiixation suffi- 
cient to pay cur- 
rent expenses 
and interest. 



Board of water 
commissioners 
to be elected. 



To be trustees 
of the sinking 
fund. 



Vacancy. 



Corporation 
may be required 
to give security 
for payment of 
damages. 



484 



1883. — Chapter 183. 



Amendment to 
P. 8. 94, § 5. 



Transportation 
of logs, etc., may 
be rt-gulated by 
county com- 
missioners, etc. 



land or other property, except for uiaking surveys, shall 
be suspended until it gives the security so required. 
Section 14. This act shall take effect upon its passage. 

Approved May 16, 1883. 

Ghap.LoS An Act to amend " An Act concerning the TitANSPOUTATioN 

OF LOGS AND OTHER TIMBER UPON THE CONNECTICUT KIVER." 

Be it enacted, etc., as follows : 

Sectiox 1. 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 conflu- 
ence of the Chicopee and Connecticut rivers. 

Sectiox 2. The county commissioners of the counties 
of Franklin, Hampshire and Hampden, acting within 
their respective counties, upon the petition of any railroad 
company, or its president, owning or operating a railroad 
with a bridge across said Connecticut River, or of the 
owner or owners or operators of any ferry or ferry-boat 
regularly plying across said river, or of the owner or 
owners of any steamboat rcgulurly plying upon said 
river, or of the owner or owners of any dam across the 
same, or of the owner or owners or managers of any shad 
or salmon fishery, or of the selectmen of any town, or of 
the m.'iyor of any city bound wholly or in part to sup[)ort 
a bridge or ferry across said Connecticut River, within 
any of said counties, and upon such notice to the parties 
interested as said commissioners may deem proper, shall 
order and require any person, pnrty or corporation, and 
the servants and agents thereof, driving, floating or caus- 
ing or permitting to be floated or driven or run down 
said Connecticut River above said confluence, any masts, 
spars, logs or other timber, to guard and protect said 
bridges, the supports thereof, said dams, feirics, ferry- 
boats, steamboats, and fisheries, by such booms and other 
safcgnards, and by com[)h'ing with such reasonal)le regu- 
lations as to time and manner, in floating, driving or 
miming such masts, spars, logs or other timber,' as said 
commissioners may deem necessary and sufficient ; and 
shall from time to time order, direct and establish. And 
no person, corporation or party, by themselves or their 
agents or servants, shall drive, run, float or cause or per- 
mit to be driven, run or floated down said Connecticut 
River, above said confluence, any masts, spars, logs or other 
timber without first performing the said orders and require- 



L1 abilities for 
not complyini; 
wilh the regula- 
tions. 



1883.— Chapters 184, 185. 485 

merits of said commissioners, nor without complying with 
their regulations concerning the same ; and if any of said 
parties then engaged in floating, driving or running such 
masts, spars, logs or other timber down said Connecticut 
River, shall do so, or attempt to do so without first 
performing and fulfilling said orders and requirements of 
the said commissioners relating to the same, or in viola- 
tion of their said regulations then existing, such party or 
parties and their agents and servants shall be liable to, 
and m:ty be enjoined and restrained from so doing by 
proceedings in equity in behalf of any or all parties inter- 
ested ; and shall also be liable jointly and severally in an 
action of tort for all damage done by such driving, run- 
ning, floating, or causing or permitting to be driven or 
floated down said Connecticut River, any masts, spars, 
logs or other timber in violation of the foregoing require- 
ments, orders and regulations of said commissioners. 
And nothing in this act shall be construed so as to affect 
or impair any right or remedy at common law or in equity 
in behalf of any party injured or liable to injury on 
account of the floatin":, driving or running of any masts, 
spars, logs or other timber down or upon any portion of 
said Connecticut River. 

Sections. Section two of chapter two hundred and f-^^^''^l°^ '^^^^' 
seventy-four of the acts of eighteen hundred and eighty- 
two is hereby repealed. 

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

Approved May 16, 1883. 

An Act to establish toe salary of the secretary of the CllCip.\^4: 

BOARD OF AGRICULTURE. 

Be it enacted, etc., as follows : 

Section 1. The secretary of the board of agriculture saiaryestab- 
shall receive an annual salary of twenty-five hundred dol- ''*^"'''' 
lars, and at the same rate for any part of a year. 

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

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

Api)roved May 16, 1883. 

An Act' to authorize the city of salem to take certain Chctp.\oD 

LANDS OR FLATS IX THE NORTH RIVER IN SAID CITY. 

Beit enacted, etc., as follows : 

Section 1. For the pur[)ose of abating a nuisance in i;,ndM?efc.!"for 
the city of Salem, in that part of the North River lyin": aiming a Aui- 



486 



1883. — Chaptee 185. 



To file and have 
recorded in the 
registry of 
deeds a descrip- 
tion of the land, 
etc., taken. 



Liability for 
damages. 



Work to be 
done with ap- 

Eroval of the 
arbor and land 
commisBionere, 



above North Bridge, so called, the said city ma}'', from 
time to time, take, by purchase or otherwise, any or all of 
the lands or flats in said city lying in the said North 
River westerly of North Street and northerly of the Essex 
Railroad, being all the land or flats remaining between 
North and Dean streets, and till and raise the same to 
such grade as may be deemed necessary or expedient. 

Section 2. The said city shall, within sixty days after 
the taking of any lands or flats as aforesaid, otherwise 
than by purchase, file and cause to be recorded in the 
registry of deeds for the southern district of the county of 
Essex, a description of the hinds or flats so taken suffi- 
ciently accurate for identification, with a statement of the 
purpose for and the authority under which the same were 
taken, signed by the maj^or of said city ; and the title of 
all lands or flats taken under this act shall vest in the city 
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. The said city shall pay all damages sus- 
tained by any person in property by the taking of any 
land or flats, or by any other thing done by said city 
under the authority of this act. Any person sustaining 
damages as aforesaid under this act, who fails to agree 
"with said city as to the amount of damages sustained, may 
have the damages assessed and determined in the manner 
provided by law when land is taken for the laying out of 
highways, on application at any time within the period of 
three years from the taking of such hinds or flats or the 
doing of other injury, under the authority of this act; but 
no such application shall be made after the expiration of 
said three years. Any person sustaining damages as 
aforesaid under this act, who agrees with said city upon 
the amount of damages sustained by him, shall be paid 
the amount of such damages by said city forthwith. The 
respective rights and remedies of persons having different, 
separate or contingent interests or estates in the same 
]3roperty, ttiS to the disposition of the damages awarded or 
agreed to under this act, shall be the same in all rcs[)ects 
as are provided by law when land is taken for the laying 
out of highways. 

Section 4. The city of Salem before beginning to fill 
any land or flats taken under the authority of this act 
shall mve written notice to the board of harbor and laud 



1883. — Chapter 186. 48T 

commissioners of the work it intends to do, and shall sub- gupervfs^on!'^*'^ 
mit to the said board plans of the hinds or flats proposed 
to be tilled and of the mode in which the work is to be 
performed, and no such work shall be commenced until 
the plans and the mode of performing the work have been 
approved in writing by said board ; and all such work 
shall be executed under the supervision of said board. 

Section 5. The city council of said city may lay out, ^rJeuand* 
in the manner provided by the charter of said city, streets ^^ys. 
and ways over any of the lands or flats referred to in this 
act. 

Section 6. This act shall take efiect on its acceptance subject to ac- 
hy the city council of the city of Salem. city council. 

Approved May 16, 1883. 

An Act in aid of, and relating to a water supply for, the G/iC?p.l86 

NORTH ADAMS FIRE DISTRICT. 

Be it enacted, etc. , as foUoivs : 

Section 1. The purchase of the franchise, property, Purchase and 
rights and privileges of the North Adams Water Com- firmed. 
pany, incorporated by chapter one hundred and eight of 
the acts of the year eighteen hundred and sixty-four, by 
the North Adams Fire District, and the transfer and con- 
veyance thereof by said water company to said fire dis- 
trict is ratified and confirmed; and said fire district may Fire district 
6upj)ly it.-^elf and the inhabitants of the town of North "eiTanT^own" 
Adams with water for the extinguishment of fires, and for ^'lu^wat^.'^''"^ 
domestic and other purposes ; may establish fountains 
and hydrants, re-locate (jr discontinue the same; may 
regulate the use of such water, and fix and collect rates to 
be paid for the use of the same; and said fire district, in 
addition to the rights, powers and authority already con- 
ferred upon said fire district, shall have, exercise and 
enjoy all the rights, powers and authority conferred upon 
said North Adams Water Company by the acts to which 
this act is additional and supplementary ; and said fire 
di.stiict may, by such oificers and agents as it may from 
time to lime choose, appoint and direct, exercise all said 
rights, powers and authority, subject to the restrictions, 
duties aud lial)ilities, herein and in said acts contained, 
except as herein otherwise provided ; and the doings of 
said fire district, and of its ofiieers and agents, in carrying 
out the purposes of the acts to which this act is additional 
aud supplementary are hereby ratified and confirmed. 



488 



1883. — Chapter 186. 



May take the 
water of Xotch 
Brook and other 
•water sources 
In North 
Adams. 



May construct 
and lay down 
conduits and 
other works. 



To file and have 
recorded in the 
registry of deeds 
a description of 
the lands, etc., 
taken. 



Liability for 
damages. 



Section 2. The said fire district for the purposes 
ciforesaid may take, by purchase or otherwise, and hold 
the water of " Notch Broolv," so called, and of any other 
water sources within the limits of said town of North 
Adams, and the water rights connected with any such 
water sources, and also all lands, rights of way and ease- 
ments, necessary for holding and preserving such water, 
and for conveying the same to any part of said town of 
North Adams, and may erect on the land thus taken or 
held, proper dams, buildings, fixtures and other structures, 
and may make excavations, procure and operate machin- 
ery, and provide such other means and appliances as 
may be necessary for the establishment and maintenance 
of complete and effective water works ; and may con- 
struct and lay down conduits, pipes and other works under 
or over any lands, w^ater courses, railroads, or public or 
private ways, and along any such way, in such manner as 
not unnecessarily to obstruct the same ; and for the pur- 
pose of constructing, maintaining and repaiiing such con- 
duits, pipes and other works, and for all proper purposes 
of this act, said fire district may dig up any such lands, 
and under the direction of the board of selectmen of said 
town, may enter upon and dig up any such ways, in such 
manner as to cause the least hindrance to public travel on 
such ways. 

Section 3. The said fire district shall, within sixty 
days after the taking of any lands, rights of way, water 
rights, water sources or easements as aforesaid, other than 
by purchase, file and cause to be recorded, in the registry 
of deeds for the county within which such lands or other 
property is situated, a description thereof sufficiently 
accurate for identification, with a statement of the purpose 
for which the same were taken, signed by the chairman 
of the prudential committee of said fire district. 

Section 4. The said fire district shall pay all damages 
sustained by any person in property by the taking of any 
land, right of w^ay, water, water source, water right or 
easement, or by anj^ other thing done by said fire district 
under the authority of this act. Any person sustaining 
damages as aforesaid under this act, who fails to agree 
with said fire district as to the amount of damages 
sustained, may have the damages assessed and determined 
in the manner provided by law when land is taken for the 
laying out of highways, on application at any time within 



1883. — Chapter 186. 489 

the period of three years from the taking of such land or 
other property, or the doing of other injury, under the 
authority of this act ; but no such application shall be 
made after the expiration of said three years. No applica- No application 

/• 1 ! 1 to be made for 

tion for assessment of damnges shall I)e made for the takino; damages umii 

^ . A • y I !• • ■ 1 ^^ water is di- 

or any wiitei-, Avater right, or for any injury thereto, until verted. 
the water is actually withdrawn or diverted by said fire 
district under the authority of this act. 

Section 5. The said fire district may for the purpose North Adams 

. ■' 1 1 Fire District 

of paying the necessary expenses and liabilities incurred water Loan. 
under the provisions of this act, issue, from time 
to time, bonds, notes or scrip, to an amount not exceed- 
ing in the aggregate one hundred thousand dollars ; such 
bonds, notes and scrip shall bear on their face the words 
*' North Adams Fire District Water Loan " ; shall be pay- 
able at the expiration of periods not exceeding thirty 
years from the date of issue ; shall bear interest payable 
semi-annually, at a rate not exceeding six per centum per 
annum, and shall be signed by the treasurer of the fire 
district, and be countersigned by the chairman of the 
prudential committee of said fire district. The said fire 
district may sell such securities at public or private sale, 
or ])ledge the same for money borrowed for the purposes 
of this act, upon such terms and conditions as it may 
deem proper. The said fire district shall provide, at the sinking fund to 
time of contracting said loan, for the establishment of a ^« ««''''^'''*'"''^- 
sinking fuiKl, and shall annually contribute to such fund a 
sum sufficient, with the accumulations thereof, to pay the 
principal of said loan at maturity. The said sinking fund 
shall remain inviolate and pledged to the payment of said 
loan, and shall l)e used for no other purpose. 

Section 6. The said fire district shall raise annually. To raise an. 

, . 1 • 1 • 1 ^ I • 1 • 1 <• nually liy taxa 

by taxation, a sum wliich, with the income derived from tionasumsuffi. 
the water rates, will be sufficient to pay the current annual I'n terVs't and 
expenses of operating its water works, and the interest as ^Jnsea.^''' 
it accrues on the bonds, notes and scrip issued as afore- 
said by said fire district, and to make such contributions 
to the sinking fund and payments on the principal as may 
be required under the provisions of this act. 

Section 7. Whoever wilfully or wantonly corrupts, Pen.aity for cor- 
pollutes or diverts any of the wjiters taken or held under or for injury to 
this act, or injures any structure, work, or other property ^"""P""^- 
•owned, held or used by said fire district, under the 
authority and for the purposes of this act, shall forfeit 



490 



1883. — Chapters 187, 188. 



and pa}' to said fire district three times the amount of 
damages assessed therefor, to be recovered in an action of 
tort ; and upon conviction of either of the above wilful 
or wanton acts shall be punished by a fine not exceeding 
three hundred dollars or by imprisonment not exceeding 
one year. 

Section 8. This act shall take efiect upon its passage. 

Approved May 16, 1883. 

Chap. lot An Act in relation to boahdinox houses and boarding house 

KEEPERS. 

Be it enacted, etc., as follows: 

Section 1. The provisions of section thirteen of chap- 
ter one hundred and two of the Public Statutes in relation 
to persons procuring food, entertainment or accommoda- 
tions at inns with intent to cheat and defraud the owner or 
keeper, shall apply to persons who, with like intent and in 
the same manner, procure food, entertainment or accom- 
modations at boarding houses. 

Section 2. Boarding house keepers shall post in a 
conspicuous place in each room of their boarding h9uses a 
copy of section thirteen of chapter one hundred and two 
of the Public Statutes as amended by section one of this 
act. Approved May 16, 1883. 

An Act relative to the taking of depositions. 
Be it enacted, etc., as follows : 

Section 1. Section twenty-eight of chapter one hun- 
dred and sixty-nine of the Public Statutes is amended by 
adding to the same, the words: "But where the adverse 
party does not appear to defend within the time required 
by law the justice may take the deposition without giving 
any notice." 

Section 2. Sei^tion forty-one of said chapter is 
amended by adding to the same, the words : " But where 
the adverse i)arty does not api)car to defend his cause, 
such interrogatories need *not be exhil)ited to him nor 
notice given him of the same." 

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

AppiO':ed May 16, 1883. 



Provisions of 
P. S. 102, § 13, 
to apply to 
boarding 
houses. 



Law to be 
posted in a con- 
spicuous pliice. 



OAap.188 



Amendnaent to 
P. S. 169, § 28. 



Amendment to 
P. S. 169, § 41. 



1883. — Chaptek 189. 491 

An Act granting a bounty for the production of sugar iyllCip.loJ 

BEETS, or sorghum CANE, FOR THE PURPOSE OF MANUFACTURING 
SUGAR. 

Be it enacted, etc., as folloius: 

Section 1. The sum of one dollar per ton of two Bounty for pro. 
thousand pounds, shall be paid from the treasury of the beetTJiid sor?'*'^ 
Commonwealth to any person who shall produce in this &^"™cane. 
Commonwealth sugar beets or any variety of sorghum 
cane which shall be used in this Commonwealth in the 
manufacture of sug;ir. 

Section 2. The sugar beets or sorghum cane produced Beets nnd oane 
for this purpose shall be weighed at the place of manufact- by^i%wofn^*^ 
ure, by a sworn weigher ap[)ointed by the selectmen of ^"gi^"'"- 
the town or the mayor of the city in which the manufac- 
tory is located, and he shall be compensated f )r his ser- 
vices by the compuny or individual purchasing the same. 
Such company or individual shall keep a correct record of Purchasers to 
the name aud'residence of each person who delivers either namesfetc. ° 
of the above named products at its or his manufactory, 
with the time of delivery, and the quantity measured in 
tons. 

Sections. The weisrher designated in section two of Returns to be 
this act, shall from time to time, and before the first of weijiiei^to the 
January of each year, transmit to the secretary of the bo'i.'i-d o? a°g'ri. 
board of agriculture, correct lists of the persons vvith their culture. 
residences who have produced and delivered at the fac- 
tory of which he is the weigher, one or both of said prod- 
ucts, with the number of tons produced and delivered by 
each person ; and said secretary shall give to such persons 
his certificate directed to the auditor of the Common- 
Avealth, certifying that such person has produced the 
stated number of tons of one or both of said products for 
the purpose of manufacturing sugar therefrom, and is 
entitled to receive from the treasury the sum of one dol- 
lar tor each ton named therein. 

Section 4. The secretary of the board of agriculture secretary of 
shall keei) a correct record of the name and residence of rccor.is"of''°^ 
each person to whom he issues said cerliHcate, and the "'""'^'*' ^'c. 
number of tons (jf either of the said crops grown by such 
person. 

Section 5. This act shall take effect upon its passage, to continue in 
and continue in force until the first day of January in the ("Tsse.""' '^"'' 
year eighteen hundred and eighty-six. 

Approved May 16, 1883. 



492 1883. — Chapters 190, 191, 192. 

GIlQ/p'^^O Ax Act making appropriations for the salaries and expenses 

OF THE DISTRICT POLICE FORCE. 

Be it enacted, etc., as follows : 

Appropriations. Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Ccmimon- 
wealth, from the ordinary revenue, for the payment of 
salaries and expenses of the district police force, during 
the year eighteen liundred and eighty-thiee, to wit: — 

Chief of district For the Salary of the chief of the district police force, a 

^° '^^' sum not exceeding seventeen hundred dollars. 

District police. FoF ihc compensiitioii of the district police force, a sum 
uot exceedino: ei";hteen thousand dollars. 

Travelling ex. For travelling expenses actually paid by members of 

penses. ^^^.^j furcc, a Slim not exceeding nine thousand dollars. 

Incidental and For incidental and continijent expenses, a sum not 

penseT"''^" cxcecding tweuty-five hundred doll.irs. 

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

Approved May 23, 1883. 

CAftp.191 An Act authokizing the rexfkew manufacturing company 

TO INCUEASE its CAPITAL STOCK AND HOLD ADDITIONAL REAL 
ESTATE. 

Be it enacted, etc., as foUoivs : 

May increase SECTION 1. The Kcnfrcw Manufacturing Company, 

capital stock. incorporated by chapter one hundred and ninety-four of 

the acts of the year eisrhteen hundred and sixty-seven, is 

hereby authorized to increjtse its capital stock to aa 

amount not exceeding one million five hundred thousand 

dollars, and may hold additional real estate necessary for 

its business not exceeding in value one million dollars. 

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

Ajyproved May 19, 1883. 

Chap.^Q^ An Act making appropriations for salaries and expenses 

AT THE REFORMATORY PRISON FOR WOMEN AT SUERBORN. 

Be it enacted, etc., as follows: 

Appropriations. 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 payment of 
salaries and current expenses at the reformatory prison 
for women during the year eighteen hundred and eighty- 
three, to wit : — 

Baiaries. For payment of Salaries at the reformatory prison for 

women, a sum not exceeding twenty-three thousand dol- 



1883. — Chapters 193, 194. 493 

lars ; and for other current expenses of said institution, a Expenses. 
sum not exceeding forty tliousand dollars. 

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

Approved May 23, 1883. 

An Act making an appkopriation for the payment of the L/llQ.pA.Jo 

COST of supporting I'KISONEUS REMOVED FROM TUE REFORMA- 
TORY PRISON FOR WOMEN. 

Be it enacted, etc., as follows: 

Section 1. The sum hereinafter mentioned is appro- Appropriation. 
priated, to be paid out of the treasury of the Con)mon- 
wealth, from the ordinary revenue, for the purpose of 
paying the cost of supporting prisoners in certain cases, 
during the year eighteen hundred auil eighty-three, to 
wit : — 

For the payment of the cost of supporting prisoners Support of 
removed from the reformatory piison for women, in p""*""*^""*- 
accordance with the provisions of section twelve of chap- 
ter two hundred and nineteen of the Public Statutes, a 
eum not exceeding two hundred dollars. 

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

Ai^irroved May 23, 1883. 

An Act authorizing the Walter heywood chair company to (7/i«/?.194 

UOLU certain real estate in the city of new YORK. -^ 

Be it enacted, etc., as follows: 

The Walter Heywood Chair Company, a corporation MayiioMcer- 
duly established under the laws of this Commonwealth, is h"'lV,^clty''of'® 
hereby authorized to hold and convey certain real estate New York. 
situated in the city, county and state of Nevv York, and 
particularly descrilied in a deed thereof from Rosa H. 
Brown and others to said corporation dated January 
fourth, eighteen hundred and eighty-three, and recorded 
in the office of the register of the said city and county in 
book seventeen hundred and four of conveyances, page 
one bundled and ninety-seven, and the said deed is 
hereby ratified and confirmed. 

[ The foregoing was laid before the Governor on the fifteenth 
day of May, 1883, and after fioe daysithadthe '•'- force of a law," 
as prescribed b>/ the Constitution, as it was not returned by him 
with his objections loithin that time.'\ 



494 



1883. — Chapters 195, 196, 197. 



■Witnesses may 
be compelled to 
ntte?ul and to 
testify before 
special tribu- 
nals. 



Chcip.i.vO An Act to enforce the attendance of witnesses before 

SPECIAL TRIBUNALS. 

Be it enacted, etc., as follmcs: 

Section 1. Any justice of the supreme jvidicitil court 
or the superior court, either in term time or vacation, 
upon tiie npplicutiou of any trilmuiil haviu": authority to 
summon but not power to comi)el the attendance of wit- 
nesj^es and the givin;^ of testimony before it, may in his 
discretion compel the attendance of such witnesses and 
the giviii<2j of testimf)ny before any such trii)unal in the 
same manner and to the same extent as l)efore said courts^ 

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

A]'2}rovecl May 24, IS 83. 

Chaj)'^OQ An Act making appropriations for salaries and expenses at 

THE STATE PRISON AT CONCORD. 

Be it enacted, etc., as follows : 
Appropriations, 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 jiayment of 
salaries and expenses at the state prison at Concord, 
during the year eighteen hundred and eighty-three, to 
Avit : — 

For payment of salaries at the state prison at Concord, 
a sum not exceeding fifly-.'^even thousi'id dollars; and for 
other current expenses of said institution, a sum not 
exceeding seventy-six thousand didlars. 

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

Approved May 24, 1SS3. 



Salaries and 
expenses at 
slate prison. 



Chctp.107 ^^ -^^"^ MAKING AN API'ROPRIATI 
-'■ ' WITU AltKEST OF FLG 



ATION FOR EXPENSES IN CONNECTION 
GITIVES FUOJl JUSTICE. 



Appropriation. 



Arre^'t of fugi- 
tives from jus. 
tice. 



Be it enacted, etc., as folloios: 

Section 1. The sum hereinafter mentioned is appro- 
priated, to be paid out of the tr^'asury of the Common- 
wealth, from the ordinary revenue, for the purpose of 
the payment of expenses incurred in connection with 
the arrest of fugitives from justice, during the year 
eighteen hundred and eighiy-three, to wit: — 

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

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

Approved 3Iay 24, 1883. 



1883. — Chapters 198, 199, 200. 495 

An Act making an appropriation for expenses in connection O/lCtp.lvo 

■VVITII REMOVING PRISONERS TO AND FROM THE KEFOKMATORY 
PRISON FOR UO.MEN. 

Be it enacted, etc., as follows : 

Section 1. The sum hereinafter mentioned is appro- Appropriation, 
printed, to be paid out of the treasury of the Common- 
weaith, ftom the ordinary revenue, for the payment of 
expenses incurred in removing prisoners from the reform- 
atory prison for women, during the year eighteen hundred 
and eighty-three, to wit : — 

For expenses incurred in removing prisoners from the ExpcnBeeofre- 

n J • ,■ ^I'li i- moving prison- 

reiormatory prison lor women, as authoiized oy section era from prison 
ten of chapter two iiundred and nineteen of the Public ^"^ '*^"'"'^"- 
Statutes, a sum not exceeding Iwcj hundred doUars. 
Section 2. This act shall take effect upon its passage. 

Aj)ir>'oved May 24, 1883. 

An Act to authorize the pitcexix brewing company to manu- CViCf^?. 199 

FACTURE ALE. 

Be it enacted, etc., as folloios : 

Section 1. Section one of chapter one hundred and May brew aie. 
twenly-one of the acts of the year eighteen hundred and 
seventy-nine, is hereby amended by inserting after the 
•wo"rd " beer" in the tifih line, the words "and ale." 

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

Approved May 24, 1883. 

An Act authorizing the American bell telephone company to dl(X7).2.00 
iio_D stock in certain corporations. 

Be it enacted, etc., as follows : 

Section 1. Secti(m two of chapter one hundred and May hold stock 
seventeen of the acts of the year eighteen hundred and JoraUons."'"' 
eighty is hereby amended by striking out the words, 
^'provided, that said corporation shall not become a stock- 
holder in any other corporation doing business in this 
state to an amount exceeding thirty per cent, of the 
capital stock of said last named corporation," and insert- 
ing in the place thei'eof the words, '^provided, that said 
corporation shall not become a stockholder in any other 
corporation doing Inisiness in this Commonwealth except 
corporations operating under license from it, and corpora- 
tions whose business within this Commonwealth consi.sts 
solely in the manufacture, sale, or manufacture and sale, 



4:96 



1883. — Chapter 201. 



Corporators. 



Name and pur 
pose. 



of electrical apparatus, to an amount exceeding thirty per 
cent, of the capital stock of such other corporation." 

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

[ Tlie foregoing tvas laid before the Governor on the sixteenth 
day of M(ty, ISSS, and after five days it had the '■'force of a law" 
as prescribed by the Constitution, as it tvas 7iot returned by hiiVi 
with his objections within that time.'] 

Chcip.201. An Act to incorporate the naukeag water company. 
Be it enacted, etc., as follows: 

Section 1. Ivers W. Adams, George G. Rockwood, 
"Walter R. Adams and their associates and successors, are 
hereby made a corporation by the name of the Naukeag 
"Water Company, for the ])urpose of turnishiug the inhabi- 
tants of the town of Ashburnham with water for the 
extinguishment of fire^, and for domestic and other 
purposes ; with all the powers and privileges, and subject 
to all the duties, restrictions and lial)ilities set forth in all 
general laws which now are or may hereafter be in force 
applicable to such corporations. 

Sectiox 2. The said corporation, for the purposes 
aforesaid, may take by purchase or otherwise, and hold, 
the water of any springs or streams, or of any other water 
sources, on land owned by the said Ivers W. Adams, in 
said town of Ashbumham, but nothing in this act shall 
authorize the taking of the water of any spring, brook or 
pond flowing into Miller's River, or any branch thereof, 
within said town of Ashburnham and the water rights 
connected with any such water sources, and also all lands, 
rights of way and easements, necessary for holding and 
preserving such water, and for conveying the same to any 
part of said town ; and may erect on the land thus taken 
or held, proper dams, buildings, fixtures and other struct- 
ures, and may make excavations, procure and ojjerate 
machinery, and provide such other means and appliances 
as may be necessary for the estal)lishment and mainten- 
ance of complete and effective water works ; and may 
construct and lay down conduits, pipes and other works 
under or over any lands, water courses, railroads, or 
pul)lic or private ways, and along any such ways in such 
manner as not unnecessarily to obstruct the same ; and for 
the purpose of constructing, maintaining and repairing 
such conduits, pipes and other works, and for all proper 
purposes of this act, said corporation may dig up any 



Miy take water, 
etc , ill Ash- 
burubam. 



May constrnct 
and lay down 
conduila. 



1883. — Chapter 201. 



497 



such lands, and, under the direction of the board of 
selectmen of the town in which any such ways are situ- 
ated, may enter upon and dig up any such ways in such 
manner as to cause the least hindrance to public travel on 
such ways. 

Sectiox 3. The said corporation shall, within sixty 
days after the taking of any lands, rights of way, water 
rights, water sources or easements as aforesaid, otherwise 
than by purchase, file and cause to be recorded, in the 
registry of deeds for the county within which such lands 
or other property is situated, a description thereof suffi- 
ciently accurate for identification with a statement of the 
purpose for which the same were taken, signed by the 
president of the corporation. 

Section 4. The said corporation shall pay all damages 
sustained by any person in property by the taking of any 
land, right of way, water, water soui'ce, water right or 
easement, or by any other thing done by said corporation 
under the authority of this act. Any person sustaining 
damages as aforesaid under this act, who fails to agree 
with said corporation as to the amount of damages sus- 
tained, may have the damages assessed and determined in 
the manner provided by law when land is taken for the 
laying out of highways on application at any time within 
the period of three years from the taking of such land or 
other j)roperty, or the doing of other injury, under the 
authority of this act; but no such application shall be 
made after the expiration of said three 3^ears. No appli- 
cation for assessment of damages shall be made for the 
taking of any waler, water right, or for any injury thereto, 
until the water is actually withdrawn or diverted by said 
corporation under the authority of this act. 

Section 5. The said corporation may distribute the 
water through said town of Ashburnham ; may regulate 
the use of said water and fix and collect rates to be paid 
for the use of the same ; and may make such contracts 
with the said town, or with any fire district that is or may 
hereafter be established therein, or with any individual or 
corporation, to supply water for the extinguishing of fire 
or ibr other purposes, as may be agreed upon by said 
town, or such fire district, individual or corporation, and 
said corporation. 

Section (j. The said corporation ma}^ for the pur- 
poses set forth in this act, hold real estate not exceeding 



To tile and re- 
cord in the reg. 
istry of deeds, 
a description of 
land, etc., taken. 



Payment of 
damages. 



No application 
to be made for, 
daraaijes until 
water is with- 
drawn. 



May distribute 
water and fix 
and collect 
water rates. 



Real estate and 
capital stock. 



498 



1883. — Chapter 201. 



Penalty for in- 
jury to proper- 
ty, etc. 



May purchase 
■water from 
owner of any 
aqueduct. 



May issue 
bonds, and se- 
cure by mort- 
gage. 



Town or any 
fire district may 
purcliase fran- 
cliise and prop- 
erty. 



Subject to as- 
Bent i)y a two- 
thirds vote. 



in amount twent3'-five thousand dollars ; and the whole 
capital stock of said corporation shall not exceed seventy- 
five thousaud doUars, to be divided into shares of one 
hundred doUars each. 

Se(;tiox 7. Whoever wilfully or w^antonly corrupts, 
pollutes or diverts any of the waters taken or held under 
this act, or iujures any structure, woik or other property 
owned, held or used by said corporation under the author- 
ity and for the purposes of this act, shall forfeit and pay 
to said corporation three times the amount of damages 
assessed therefor, to be recovered in an action of tort ; 
and upon conviction of either of the above wilful or 
wanton acts shall be punished by a tine not exceeding 
three hundred dollars or by imprisonment not exceeding 
one year. 

Section 8. The said corporation may purchase from 
the owner of any aqueduct now used in furnishing water 
to the inhabitants of said town all the estate, property, 
rights and privileges of such owner, and by such purchase 
shall become subject to all the liabilities and duties to 
such owner appertaining. 

Section 9. The said corporation may issue bonds, and 
secure the same by a mortgage on its franchise and other 
property, to an amount not exceeding its capital stock 
actually paid in and applied to the purposes of its incor- 
poration. 

Section 10. The said town of Ashburnham, and any 
fire district that is or may hereafter be established therein, 
shall have the right, at any time during the continuance of 
the charter hereby granted, to purchase the franchise, 
corporate property and all the rights and privileges of 
said corporation at a price which may be mutually agreed 
upon between said corporation and the said town, or such 
fire district ; and the said corporation is authorized to 
make sale of the same to said toAvn or to such fire dis- 
trict. In case said corporation and said town, or such tire 
district, are unable to agree, then the compensation to be 
paid shall be determined ])y 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 all parties. 
This authority to purchase said franchise and property is 
granted on condition that the same is as'^ented to by said 
town, or such fire district, by a two-thirds vote of the 



1883. — Chapter 202. 499 

voters of said town, or such fire district, present and 
Toting thereon at a meeting called for that purpose. 

Section 11. The county commissioners for the county corporation 
within which any land, water or water rights taken under togives'^^c'urity^ 
this act is situated, shall, upon application of the owner fo"" J^n^ages. 
thereof, require said corporation to give satisfactory 
security for the payment of all damages and costs which 
may be awarded such owner for the land or other prop- 
erty so taken ; but previous to requiring such security the 
county commissioners shall, if a})plication therefor is made 
by either party, make an estimate of the damages which 
may result from such taking, and the county commission- 
ers shall in like manner require further security, if at any 
time the security before required appears to them to have 
become insufficient; and all the right or authority of said 
corporation to enter upon or use such land or other 
property, except for making surveys, shall be suspended 
until it gives the security so required. 

Section 12. Chapter three hundred and seventy-seven Rppeai of i87i, 
of the acts of the year eighteen hundred and seventy-one ^^^' 
is repealed. 

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

Approved May 25, 1883. 

An Act to limit the investments of savings banks and insti- Ohctp.2i02 

TUTIONS FOR SAVINGS IN TUE STOCK OF BANKS AND BANKING 
ASSUCIATIUNS. 

Be it enacted, etc. , as follows : 

Section 1. No savings bank or institution for savings investments of 
shall hereafter invest, or hold as collateral security, more ^n u!t^s.ocb''o*f 
than thirty-five per cent, of its dei)osits in the stock of >;'"'|^"? "'"i , 
banks and banking associations, such as are described in tions, limited. 
clause four, section twenty, of chapter one hundred and 
sixteen of the Public Statutes. Any such savings bank 
or institution for savings which now has more than thirty- 
five per cent, of its de[)0sits invested as aforesaid, shall 
reduce its investments therein to said limit on or l)efore 
the first day of July in the year eighteen hundred and 
eighty-five. 

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

Approved May 25, 1883. 



600 



1883. — Chapter 203. 



CAap.203 An Act 



Election of 
assesaors in 
towns. 



Election of 
oversters of the 
poor in towns. 



RELATIVE TO TFIE ELECTION OF ASSESSORS AND OVER- 
SEEKS OF THE POOR IX TOWNS. 

Be it enacted , etc., as folloios : 

Section 1. Section sixty-five of chapter twenty-seven 
of the Public Statutes is repealed and the following i» 
substituted therefor: — "Section 65. A town which at 
an annual meeting has accepted the provisions, in regard 
to assessors, of chapter two hundred and fifty-five of the 
acts of the year eighteen hundred and seventy-eight, or the 
provisions of sections sixty-five, sixty-six, sixty-seven and 
sixty-eight of chapter twenty-seven of the Pul)lic Statutes, 
and in which such acceptance has not been revoked, or 
which shall at an annual meeting accept the provisions of 
this and the three following sections, may elect at such 
annual meeting, or at any subsequent annual meeting, 
three, five, seven or nine assessors in the manner and lor 
the terms respectively provided in the preceding section 
for electing a like number of selectmen ; or it may elect 
four assessors, two for one year, and two for two years ; 
and at eich annual meeting thereafter it may elect two 
to serve for two j'ears." 

Section 2. Section sixty-nine of chapter twenty-seven 
of the Pul)lic Statutes is repealed and the following is 
substituted therefor; — " Section 69. A town which has 
accepted the provisions of chapter one hundred and 
eighty-six of the acts of the year eighteen hundred and 
seventy-seven, or of sections sixty-nine, seventy, seventy- 
one, seventy-two and seventy-three of chapter twenty- 
seven of the Public Statutes, and which has not revoked 
such acceptance, or which shall at an annual meeting 
accept the provisions of this and the four following sec- 
tions, may at such animal meeting or at any subsequent 
annual meeting elect by ballot three, five, seven or nine 
overseers of the poor in the manner and for the terms 
respectively provided in section sixty-four for electing a 
like number of selectmen ; and the persons so chosen shall 
constitute the board of overseers of the poor in such 
town." 

Section 3. This act shall take efi'ect upon its passage. 

[ The foregoing tvas laid before the Governor on the fifteenth 
day of 3f ay, 1^83, and after five days it had the ^^ force of a 
law" as jyr escribed by the Constitution, as it was not returned by 
him loith his objections within that time.^ 



1883. — Chapters 20i, 205, 206. 501 

An Act authorizing the puoprietous of the ministerial fund Chcip.zSj± 

IN THE PARISH OF BYFIEI.D TO SELL CERTAIN REAL ESTATE. 

Be it enacted, etc.^ as follows : 

Section 1. The proprietors of the ministerial fund in May sen the 
the parish of By field, a corporation established by an act lof-'TuNe^w- 
passed on the twenty-ninth day of February in the year ^"''^■ 
eighteen hundred and twelve, is hereby authorized to sell 
at pul)lic or private sale the whole or any part of a certain 
parcel of woodland owned by said corporation known as 
the "parsonage lot," and situated in the town of New- 
bury. 

Sectiox 2. The proceeds of the sale of said land shall investment of 
be invested in the same manner and the interest accruing ^li^,^^ *" 
therefrom shall be appropriated to the purposes set forth 
in said act of incorporation. 

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

Approved May 29, 1883. 

An Act in relation to the maluen, medford and melrose L'/lCtp.ZUo 

GAS light company. 

Be it enacted, etc., as follows : 

Section 1. So much of section two of chapter two Name changed, 
hundred and eighty of the acts of the year eighteen hun- 
dred and fifty-six as changed the name of the Maiden and 
Melrose Gas Light Company to the Maiden, Medford and 
Melrose Gas Light Company, is hereby repealed, and the 
name of said company shall be the Maiden and Melrose 
Gas Light Company. 

Section 2. All acts done in the name of the Maiden Acts confirmed, 
and Melrose Gas Light Company since the acceptance of 
said act shall have the same force and effect as if done in 
the name of the Maiden, Medford and Melrose Gas Light 
Company. 

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

Approved May 29, 1883. 

An Act to incorporate the essex county building company. Chap.20Q 
Be it enacted, etc., as follows: 

Section 1. S. Endicott Peabody, Benjamin W. corporators. 
Russell and Francis Peabody, Jr., their associates and 
successors, are made a corporation for the term of fifty 
years, from the date of the passage of this act, by the 
name of the Essex County Building Company ; and for Name. 



502 



1883. — Chapter 207. 



Powers and 
liabilities. 



Mny sell prop- 
erty, erect 
buildings, etc. 



Capital stock 
and shares. 



this purpose said corporation shall be subject to the provi- 
sions of chapter one hundred and tive and chapter one 
hundred and six of the Public Statutes, and to all general 
corporation laws which now are or hereafter may be in 
force, and shall have the powers and be subject to the 
liabilities and restrictions prescribed therein, and shall 
have power to purchase and hold in fee simple or other- 
wise all or any part of any lands in Salem, in Essex 
County, now owned by S. Endicott Peabody of said 
Salem, and such other unimproved lands in said Salem as 
said corporation may purchase from time to time, not 
exceeding three acres in all including the lands now 
owned by said S. Endicott Peabody. 

Section 2. The said corporation shall have power to 
sell, lease, mortgage and otherwise dispose of its corpo- 
rate property and any parts thereof and to improve the 
same, to erect buildings, dwelling houses and other struct- 
ures thereon, and otherwise improve the same as may be 
deemed expedient. 

Section 3. The capital stock of the said corporation 
shall not exceed two hundred and fifty thousand dollars, 
divided into shares of one hundred dollars each. 

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

Approved May 29, 1883. 



(JJlCip.2i07 An Act making appropuiations for salaries and expenses 

AT THE STATE WORK.HOi;SE AT BKIDGEWATEK. 



Appropriation. 



Salaries and ex- 
penses. 



Be it enacted, etc., as follows: 

Section I. The sums hereinafter mentioned are appro- 
priated, to l)e paid out of the treasury of the Common- 
wealth, from the ordinary revenue, for the payment of 
salaries and expenses at the state workhouse at Bridge- 
water, during the year eighteen hundred and eighty-three, 
to wit : 

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

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

\^The foregoing roas laid before the Governor on the tiventy-second 
day of May, 1S83, and after fioe days it had the ^'- force of a laio" 
as prfscribed by the Constitution, as it was not rttarned by him 
with his objections within that iime.^ 



1883. — Chapters 208, 209, 210. ' 503 



An Act making an appropriation for the contingent expenses Chcip.20S 

OF THE commissioners OF PRISONS. 

Be it enacted, etc., as follows : 

Section 1. The sum hereinafter mentioned is appro- Appropriation. 
printed, to be paid from the treasury of the Common- 
wealth, from the ordinary revenue, for the contingent 
expenses of the commissioners of prisons during the year 
eighteen hundred and eighiy-three, to wit : — 

For the contingent expenses of the commissioners of contingent ex- 
•prisons, a sum not exceeding eight hundred dolhirs. penses. 

Section 2. 'lliis act shall tal^e effect upon its passage. 

[_The foreg'dng tvas laid before the Governor on the twenty- 
second day of May, 1883, and after Jive days it had the ^\force 
of a Itiw " as prescribed by the C< institution, as itioasnot returned 
by him with his objections within that time.^ 

An Act making an appropijiation for the travelling ex- C7lCip.2,0Q 

PENSES OF TUE COMMISSIONEKS OF PRISONS AND THE SECRETARY 
TUEUEOF. 

Be it enacted, etc., as follows: 

Section 1 . The sum hereinafter mentioned is appro- Appropriation. 
priated, to be paid out of the treasury of the Common- 
wealtli, from the ordinary revenue, for the purpose of 
paying the travelling expenses of the commissioners of 
prisons and the secretary thereof, during the year eighteen 
hundred and eighty three, to wit : — 

For the travelling ex[)enses of the commissioners of Travelling ex- 
piisoiis and the secretary thereof, a sum not exceeding p"'""^*- 
eight hundred dollars. 

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

[^The foregoinq ivas laid before the Governor on the twenty- 
second day oj May, 1883, and after five days it had the '''■force 
of a laiv" as prescribed by the Constitu ion, as it loas not returned 
by him with his objections within that <wne.] 

An Act making appropriations for salaries and expenses Chctp.'il.O 

AT the STATE INUL'SIRIAL SCHOOL AT LANCASTER. 

Be it enacted, etc., as follows : 

Section 1 . The sums hereinafter mentioned arc Appropriation. 
appro})riated, to be paid out of the treasury of the Com- 
monwealth, from the ordinary revenue, for the payment 
of salaries and expenses at the state industrial school for 
gii'ls at Lancaster, during the year eighteen hundred and 
eighty-three, to wit : — 



504 



1883. — Chapters 211, 212. 



Salaries and ex- 
penses. 



Chap.211 



Appropriation. 



Salaries and ex- 
penses. 



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

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

[T/ie foregoing ivas laid before the Governor on the twenty- 
second day of May, 18^3, and after five days it had the '■^ force 
of a Jaw" as jx'cscrihed by the Constitution, as it luas not returned 
by him tcith his objections xcithin that time.'\ 

An Act biakixg appropriations for salaries and kxpenses 
at the state reform school at westborougu. 

Be it enacted, etc., as foUoivs: 

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 payment of 
salaries and expenses at the state reform school at West- 
borough, during the year eighteen hundred and eighty- 
three, to wit : — 

For payment of salaries at the state reform school, a 
sum not exceeding fifteen thousand dollars ; and for other 
current expenses of said institution, a sum not exceeding 
twenty thousand dodars. 

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

IThe foregoing ivas laid before the Governor on the twenty- 
second day of May, 1883, and after five days it had the '■'force 
of a law " as prescribed by the Constitution, as it loas not returned 
ly him ivith his objections tvithin that time ] 

Ohap.212 An Act making an appropriation for tue expenses of the 

TRUSTEES OF THE STATE PRI.MARY AND REFORM SCHOOLS. 

Be it enacted, etc., as follows: 

Section 1. The sum hereinafter mentioned is appro- 
priated, to be paid out of the treasury of the Common- 
wealth, from the ordinary revenue, for expenses of the 
trustees of the state primary and reform schools, during 
the year eighteen hundred and eighty-three, to wit : — 

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

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

[ The foregoing teas laid before the Governor on the twenty- 
second day of May, 1883, and after five days it had the "-force 
of a laio," as jyrescribed by the Coyistitution, as it was not returned 
by lam with his objections ivithin that time.'] 



Appropriation. 



Travelling ex- 
pcuses, etc. 



1883. — Chapters 213, 214. 505 

An Act making appropriations for the assistance of female G7iO_2^.213 

CONVICTS DISCHARGED FUOJI THE PKISi)NS OF THIS COMJION- 
WEALTH. 

Be it enacted, etc., as follows : 

Sectiox 1. The sums hereinafter mentioned are appro- Appropriation, 
priated, to be paid out of the treasury of the Common- 
wealth, from the ordinary revenue, for the salary of an 
agent, and for assistance rendered female convicts dis- 
charged from the prisons of this Commonwealth, during 
the year eighteen hundred and eighty-three, to wit : — 

For the salary of the agent of discharged female con- salary of agent, 
victs, a sum not exceeding seven hundred dollars, as 
authorized by section twenty-seven of chapter two hun- 
dred and nineteen of the Public Statutes. 

For expenses of said agent, and for assistance to said Assistance to 
convicts, a sum not exceeding twenty-three hundred '^o"^'^'^' ^^c. 
doUars. 

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

f The foregoing ivas laid before the Governor on the twenty' 
second day of 3I(iy, 1883, and after five days it had the '■'■ force 
of a laiv," as prescribed by the Constitution, as it ivas not returned 
by him icith his objections within that tivie.^ 

An Act making appropriations for salaries and expenses at (7A«2^.214 

THE state primary SCHOOL AT MONSON. 

Be it enacted, etc., as folloios: 

Section 1. The sums hereinafter mentioned are appro- Appropriation. 
priated, to be paid out of the treasury of the Conmion- 
wealtli, from the ordinary revenue, for the payment of 
salaries and expenses at the state primary school at Mon- 
son, during the year eighteen hundred and eighty-three, 
to wit : — 

For the payment of salaries at the state primary school salaries and ex- 
at Monson, a sum not exceeding seventeen thousand p™**^*- 
dollars; for other current expenses of said institution, a 
sum not exceeding thirty-four thousand dollars, and for Board of chii. 
boarding out children, a sum not exceeding three thousand 
dollars. 

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

[ The foregoing was laid before the Governor on the twenty- 
second day of May, 1883. and after Jiue days it had the "■/orce 
of a laio," as ijrescribed by the Constitu'.ion, as it was not returned 
by him with his objections within that time.^ 



506 



1883. — Chapteks 215, 216, 217. 



Chap.2il5 An Act making appropriations for the assistance of convicts 

DISCHARGED FROM THE STATE PRISON AT CONCORD. 

Be it enacted, etc., as folloivs : 
Appropriation. Sectiox 1. The siuiis hereinafter mentioned are appro- 
priated, to be paid out of the treasiuy of the Common- 
wealth, from the ordinary revenue, for the salary of an 
agent, and for the purpose of rendering assistance to 
convicts discharged from the state prison at Concord, 
during the year eighteen hundred and eighty-three, to 
wit : — 

For the salary of the agent for aiding discharged 
convicts, one thousand dollars, as authorized by chapter 
two bundled and nineteen, section twenty-six, of the 
Public ;Statutes. 

P^or expenses of said agent, a sum not exceeding three 
thousand dollars, to be used in rendering assi?tance ta 
said convicts, as authorized by chapter two hundred and 
nineteen, section twenty-six, of the Public Statutes. 

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

[ The foregoing was laid befure the Governor on the twenty- 
second day of May, 1SS3, and after fioe days it had the '■'■force 
of a law," as prescribed by the Constitution, as it was not returned 
by him with his objections within that time.^ 



Salary of agent. 



Exponges of 
agent. 



Chap 



Corapensation 
of ahst'Psors, 
etc., to be paid 
by counties in 
Tchicli ap- 
pointed. 



.216 An Act in relation to the compensation of assessors, masters 
in cuancery and special masters! 

Be it enacted, etc., as follows : 

Section 1 . The supreme judicial court and the superior 
court shall award reasonable compensation to assessors, 
masters in chancery and special masters for duties per- 
formed under the direction of said courts, to be paid by 
the counties in which they are appointed and not to be 
taxed in the bill of costs of either party to the action. 

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

Ajjpi-oved June 2, 1883. 



C7iap.217 



Limited number 
of co'ivicts to 
be employed in 
certain indus- 
tries. 



An Act relating to tiir employment op prisoners. 
Be it enacted, etc., as folloivs: 

Section 1. The number of inmates of any prison in 
this Conunonwealth who may be employed in the indus- 
tries hereinafter named, under any contract or contracts 
made after the passage of this act, shall be limited as 
follows : in the manufacture of men's, boys' and youths' 



1883. — Chapter 218. 



507 



boots and shoes, not more than one hundred and fifty ; in 
the manufacture of women's, misses' and children's boots 
and shoes, not more than one hundred and fifty ; in the 
manufacture of hats, not more than one hundred and fifty ; 
in the manutactiire of brushes, not more than one hundred ; 
in the manufacture of wood mouldino-s, not more than 
one hundred ; in the manufacture of harnesses, not more 
than one hundred ; or in any other industry, not to exceed 
one hundred and fifty. 

Sectiox 2. This act shall take eflect upon its passage. 

Approved June 2, 1883. 

An Act to regulate the sale of coal by measuke. CJlttp.'^lS 

Be it enacted, etc., as follows: 

Section 1. In the sale by measure, of coal in quanti- saieofcoaiby 
ties less than five hundred pounds, the baskets or measures "aied."'^''' '^^"' 
used in measuring the same shall be of a cylindrical form, 
of the following dimensions in the inside thereof, to wit : 
nineteen inches in diameter in every part, and nine inches 
in depth, measured from the highest part of the bottom 
thereof, each of which shall be deemed to be of the capac- 
ity of one bushel ; or nineteen inches in diameter in 
every part, and four inches and one-half in depth, meas- 
ured from the highest part of the bottom thereof, each of 
which shall be deemed to be of the capacity of one-half 
bushel. Such measures, in selling, shall be filled level 
full, and every such measure shall be sealed by a sealer of 
the city or town in which the person using the same 
usually resides or does business. 

Section 2. Every vendor of coal wdio has in his penalty, 
possession a basket, box, tub, vessel or other measure not 
conforming to the provisions of the preceding section, or 
not sealed as therein provided, with intent to use the same 
or to permit the same to be used in measuring coal, sold 
or oftered for sale, and any person who measures coal sold 
or oflered for sale in any basket or other measure not 
conforming to the provisions of the preceding section and 
sealed as therein provided, shall be subject to a fine not 
exceeding twenty dollars for each offence. 

Approved June 2, 1883. 



508 



1883. — Chapters 219, 220, 221. 



Chcij^J^iVd An Act granting land for a school to tue town of Florida. 



Grant of lan<^ to 
town of Florida, 



School-house to 
be erected with- 
in two years. 



Be it enacted^ etc., as follows: 

Section 1. The town of Florida is hereby granted the 
free use and occupation of a certain parcel of land owned 
by the Commonwealth situated in said town of Florida, 
being a part of the Truesdale Farm, so called, containing 
live hundred and thirteen one-thousandths of an acre, and 
l)ounded as follows : Northwesterly by the centre line of 
a discontinued town road, northeasterly by the highway 
leading from the Hoosac Tunnel post-office to Readshoro', 
and southerly by land of the heirs of Dennis Buckley. 
This grant is made on condition that a school-house shall 
be erected on said land within two years from the passage 
of this act, and the right to occupy said land free of rent 
shall continue so long as said land is used by said town 
for public school-house purposes, and no longer. 

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

Approved June 2, 1883. 



Chap. 



Proceedings 
confirmed. 



220 An Act to confirm the proceedings of the melrose orthodox 
congregational society. 

Be it enacted, etc, as follows: 

Section 1. The proceedings of the meetings of the 
Melrose Orthodo.x Congi'egational Society, a corporation 
duly organized on the twenty-eighth day of June in the 
year eighteen hundred and forty-eight, shall not be invalid 
because the records do not show that the clerks of said 
society were sworn, nor because the records do not show 
the consent in writing of persons admitted as members 
thereof. 

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

Approved June 2, 1883. 



Chap. 



221 An Act relative to the transmission of electricity for the 

PURPOSE OF lighting. 



Be it enacted, etc., as follows: 



Lawsreeuiating Section 1. All provisioHS of Liw granting to persons 
Hneftoappi'yto aud corporatlous authority to crcct, lay and maintain and 
mission or""*" to citlcs aud towns authority to regulate telegraph and 
electricity, etc. telephone liiics, except sections sixteen and eighteen of 
chapter one hundred aud nine of the Public Statutes, 



1883. — Chapter 222. 509 

shall, so far as applicable, apply to lines for the transmis- 
sion of electricity for the purpose of lighting. 

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

Approved June 2, 1883. 

An Act to allow the international trust cojipany to accept Chcip.22i2 

TRUSTS UNDER WILLS AND FOR OTHER PURPOSES. 

Be it enacted, etc., as follotvs : 

Sectiox 1. The International Trust Company, incor- May be appoint- 
porated hy chapter one hundred and fifty-two of the acts f,fsa™mcnt'we^-' 
of eighteen hundred and seventy-nine, may be appointed aungatrust. 
trustee under any will or instrument creating a trust for 
the care and management of property, under the same 
circumstances and in the same manner, and subject to the 
same control by the court having jurisdiction of the same, 
as in the case of a legally qualified person. Any court of 
law or equity, inckiding courts of probate and insolvency, 
and any corporation, or person acting in any representa- 
tive fiduciary, official or other capacity ma}" deposit in 
trust or otherwise with said corporation, which is hereby 
authorized to receive the same, money or other property 
upon such terms as may be agreed upon. 

Sectiox 2. The directors shall from time to time set Tmst guarantee 
apart as a trust guarantee fund, such portion of the capital %fn°^^^^^ 
as they may judge expedient not exceeding in the aggre- 
gate the amount which the stockholders shall have author- 
ized to be so set apart, and not exceeding fifty per cent, 
thereof. The trust guarantee fund and all moneys or 
properties received or held in trust, unless by the terms 
of the trust some other mode of investment is prescribed, 
shall be loaned or invested only in such securities as 
savings banks chartered in this Commonwealth are now or 
may hereafter be authorized to invest in. All money or 
property held in trust including the trust guarantee fund 
shall constitute a trust deposit and such funds and the 
investment or loans of them shall be especially appropri- 
ated to the security and payment of such deposits and 
not be subject to any other liabilities of the corporation ; 
and for the purpose of securing the observance of this 
proviso, said corporation shall have a trust department 
in which all business pertaining to such trust property 
shall be kept separate and distinct from its general 
business. 



510 



1883.— Chapter 223. 



Capital stock, 
etc., to be 
accepteil as sub- 
stitute for bond 
with sureties. 



To take effect 

upon 

acceptance. 



Section 3. The capital stock of said corporation with 
the lialjility of the stockholders existing thereunder, 
together with any specific portion of the capital set apart 
as a trust guarantee fund, as herein provided, shall be 
accepted as a substitute for bonds with sureties in all cases 
of deposits or undertakings where individuals would be 
required to give such bonds to the extent in the aggregate 
of fifty times the amount of such trust guarantee fund. 

Section 4. This act shall take ellect upon its accept- 
ance by the International Trust Company ; which accept- 
ance, with the date thereof, shall within ten days thereafter 
be certified by the president of said corporation to the 
secretary of the Commonwealth. 

[ The foregoing tvas laid before the Governor on the twenty- 
fourth day of May^ 1883, and after Jive days it had the '•'•force 
of a law" as prescribed by the Constitution, as it tvas not returned 
by him ivith his objections loithin that time.'] 

Act accej)ted July 10, 1883. 



Superior Court 
to have jurisdic- 
tion in equity. 



Chcif)''2i23 An Act granting jurisdiction in equity to the superior 

COURT. 

Be it enacted, etc., asfolloios: 

Section 1. The superior court shall have original and 
concurrent jurisdiction with the supreme judicial court in 
all matters in which relief or discovery in equity is sought, 
with all the powers and authorities incident to such juris- 
diction, and may issue all general and special writs and 
processes required in proceedings in equity to courts of 
inferior jurisdiction, corporations and persons when neces- 
sary to secure justice and equity. 

Section 2. All the sections of chapter one hundred 
and fifty-one of the Public Statutes except sections one, 
twelve, twenty-seven, twenty-eight, thirty, thirty-one and 
thirty-three shall apply, except as herein otherwise pro- 
vided, to suits in equity in the superior court. In these 
sections so applied, and in this act, the phrase "full 
court " shall mean the supreme judicial court in banc. 

Section 3. Proceedings, processes, and practice in such 
cases shall conform, as nearly as may be, to those of the 
supreme judical court, and the general rules for the time 
being of the supreme judicial court for the regulation of 
practice in equitj^ shall, except as herein otherwise pro- 
vided, be rules of the superior court in the exercise of its 
equity jurisdiction, as far as those rules are applicable. 



p. S. lol, except, 
etc., to apply to 
suits in equity 
in Superior 
Court. 



Proceedings, 
etc., to conform 
as nearly as may 
be to those of 
S. J. C. 



1883. — Chapter 223. 



511 



Section 4. For hearings, and making, entering and 
modifying orders and decrees in equity causes by a single 
justice, and issuing writs in such causes, the superior 
court shall be always open in each county, except on holi- 
days established by law ; and all such proceedings shall 
be deemed to be had in court, and not in chambers, 
whether the court at the time thereof is sitting or open 
for other purposes or not. 

Sectiox 5. Such suits shall be entered upon the same 
docket as other cases in the superior court. All processes 
shall be made returnable at the term next after fourteen 
daj's from the date of the process, if required to be served 
fourteen days before the return day, or at the term next 
after thirty days from such date, if required to be served 
thirty days before the return day, or at any rule day 
within three months after the date of the process. 

Section 6. After an a{)peal is taken from a decree in 
equity of the superior court, any justice of the supreme 
judicial court, or the full court, may by order suspend, on 
terms or otherwise, the execution or operation of the 
decree appealed from, pending the appeal, and may modify 
or annul any order made for the protection of the rights 
of the parties pending the appeal ; and any such order of 
a justice of the supreme judicial court may be modified 
or annulled by the full court upon motion. 

Section 7. In cases of appeal from a decree in equity 
of the superior court, the justice by Avhom the decree was 
made, shall, at the request of the appellant, report the 
facts found b}^ him as far as material, provided that such 
request be made within four days after the appellant has 
been notified of the entry of the decree, otherwise the 
granting of such report shall be in the discretion of the 
justice. 

Section 8. If any defendant in a suit in equity in the 
superior court, or any person in his ])ehalf, Avithin thirty 
days after the day for appearance, makes affidavit of his 
belief that the matter involved in the suit equals four 
thousand dollars in value, and that his interest alone or 
jointly with any other defendant or defendants having an 
interest jointly or in common with him, equals four thou- 
sand dollars in value, and that he has a substantial defence, 
and of his intention to bring the cause to a hearing, and 
requests that the cause be transferred to the supreme 
judicial court, it shall be immediately transferred with the 



For hearings, 
etc., court to be 
always open, 
except upoa 
holidays. 



Suits to be 
entered on the 
same docket as 
other cases. 



After appeal is 
taken a justice 
of S. J. C. may 
suspend or mod- 
ify decree. 



In case of ap- 
peal justice to 
furnisli appel- 
lant with report 
of facts found 
by him if 
required, etc. 



Suit may be 
removed to 
S. J. C. if oath 
is made by 
defendant that 
matter involved 
equals four 
thousand dol- 
lars in value. 



512 



1883. — Chapter 223. 



Before Btich 
removal Supe- 
rior Court may 
make certain 
orders. 



Transfer to 
S.J. C. when 
suit sliould be 
heard with 
another suit 
therein pending. 



Bill need not 
contain address 
to the court, or 
prayer for 
answer, etc. 



Pleadings may 
be signed by 
the party or his 
attorney. 



Writ of sum- 
mons, etc., or a 
trustee process 
instead of 
eubpojna. 



papers therein to that court, at the charge of the party 
removing the same, and the cause shall proceed as if 
originally instituted in that court. But before such 
removal the superior court may make such orders for the 
appointment of receivers, and of injunction or prohibi- 
tion, or for continuing the same in force, as are needful 
for the protection of the rights of the parties until the 
suit is heard by the supreme judicial court ; subject, how- 
ever, to be modified or annulled by the order of that 
court on motion after the suit has been transferred as 
aforesaid. 

Section 9. When it shall appear, upon motion to a 
single justice of the supreme judicial court, that any suit 
in equity pending in the superior court ought to be heard 
with a suit or cross-suit in equity pending in the supreme 
judicial court, the justice may order the first mentioned 
suit to be transferred to the supreme judicial court, and 
such suit shall thereupon be transferred accordingly at the 
charge of the party making such application, and the 
cause shall proceed as if originally instituted in that 
court. 

Section 10. In a suit in equity in the supreme judicial 
or superior court, the bill need not contain any address 
to the court, or the usual commencement, or any prayer 
for an answer, for general relief, or for process, and the 
answer need not contain any saving of exceptions to the 
bill, or any prayer to be dismissed, or for costs, and a 
demurrer or plea need not contain any protestation or 
concluding piayer, and the omission thereof shall not 
affect the rights of the parties respectively. The bill, 
except when it is actually inserted in a writ, shall be en- 
titled in the proper court, and with the full title of the cause 
containing the names and descriptions of all the parties. 
Bills, answers, petitions, and other i^leadings may be 
signed by the party or his attorney, and shall not require 
any other signature. An answer to a bill shall not be 
sworn to or under seal, except in cases of bills filed for 
discovery only. The forms in the schedule hereto illustrate 
the application of the provisions of this section. 

Section 11. When a suit in equity is commenced by 
filing a bill in either of said courts, the plaintifi^" may, at 
his election, take out a writ of summons and attachment, 
or a trustee process, instead of a writ of subpoena. 



1883. — Chapter 223. 



513 



Section 12. No justice of the supreme judicial court 
or of the superior court shall dissolve an injunction issued 
by the other court, or a justice thereof, or interpose in 
any proceeding in the equity jurisdiction of the other 
court, except as jirovided for in the sixth, seventh and 
ninth sections of this act. 

Section 13. Suits in equity in the said courts may be 
brought in any county where a transitory personal action 
between the same parties might be brought, as Avell as 
where such suits may be brought under the laws now in 
force. 

Section 14. In actions at law in the said courts, the 
defendant shall be entitled to allege as a defence any facts 
that would entitle him in equity to be absolutely and un- 
conditionally relieved against the plaintif}''s claim or cause 
of action, or against a judgment obtained by the plaintiff 
in such action ; and the plaintiff shall be entitled to avail 
himself, in answer to any defence alleged by the defendant, 
of any facts that would avoid such defence in equity, or 
would entitle the plaintiff to be absolutely and uncon- 
ditionally relieved in equity against such defence. 

Section 15. If upon the hearing of an appeal or ex- 
ceptions by the full court, whether in an action at law or 
suit in equity or other proceeding, it appears that the 
appeal or exceptions are frivolous, immaterial, or intended 
for delay, the court may, either upon motion or without 
any motion therefor, award against the appelhuit or party 
taking exceptions double costs from the time when the 
appeal or exceptions were taken, and interest from the 
same time at the rate of twelve per cent, by the year on 
any sum which has been found due for debt or damages, 
or which he has been ordered to pay, or for which judg- 
ment has been recovered against him, or the court may 
award any part of such additional costs and interest. 

Section 16. The superior court may frame issues of 
fact to be tried by a jury in an equity cause, when re- 
quested by a party, and direct the same to be tried in the 
county where such cause is pending. 

Section 17. Whenever an amendment is allowed in 
the superior court under the provisions of section forty- 
three of chapter one hundred and sixty-seven of the 
Public Statutes chanjjinor an action at law into a suit in 
equity or a suit in equit}" into an action at law, the supe- 
rior court shall retain jurisdiction of said cause. And in 



Injunction not 
to lie dissolved 
by tiie other 
court. 



W^herepuitsmay 
be brouglit. 



Relief in equity 
in actions at 
law. 



Double costs, 
etc , may be 
awarded it ap- 
peals or excep- 
tions are frivol- 
ous or intended 
for delay. 



Issues of fact 
may be framed 
to be tried by a 

jm-y- 



When action at 
law is changed 
into suit in 
equity, etc., in 
superior cour , 
jurisdiction 
shall be retained 
iti tliat court. 



514 



1883. — Chapter 223. 



all proceedings in the supreme judicial court or the supe- 
rior court no action or suit shall be defeated on the ground 
that there is an adequate remedy at law or that the relief 
sought can only be obtained by a suit in equity, but such 
proceeding whether at law or in equity shall at any time 
before final judgment be amendable at the discretion of 
the court and may be amended upon such terms as the 
court may determine. 



Schedule of 
forms. 



In the 



ss. 



Schedule of Forms. 

[1. Bill for Redemption.'] 
Court 



BETWEEN 



A. B. of 

and C. D. of 



in the county of 
in the county of 



Plaintiffs, 



E. F. of in the county of 

Bill of Complaint. 



Defendant. 



1. By a deed of mortgage dated the 1st of May, 1872, and re" 
corded with Deeds, book Wo^ » the plainliflFs 
conveyed to the defendant in fee-simple a certain piece of land, 
situate, etc. [description], subject to redemption upon the plaintiffs, 
their heirs, executors, administrators, or assigns, paying to the de- 
fendant, his executors, administrators, or assigns, the sum of three 
thousand dollars in three years from the date of the said deed, with 
interest thereon at the rate of six per centum by the year, payable 
half-yearly. 

2. Default was made in payment of the said piincipal sum, but 
the said interest was duly paid up to the 1st of May, 1875. 

3. On or about the 15th of June, 1875, the defendant took pos- 
session of the premises comprised in the said mortgage, and has 
ever since continued in possession and in receipt of the rents and 
profits of the said premises. 

4. On or about the 19th of October, 1881, the plaintiffs requested 
the defendant to render an account of the amount due on the said 
mortgage, but the defendant refused to do so. 

5. The plaintiffs offer to pay to the defendant what shall be found 
due on the mortgage. 

The plaintiffs pray / 

1. That an account may be taken of what is due to the defendant 
for principal and interest on the said mortgage ; 

2. That an account may be taken of the rents and profits of the 
said premises which have been received by the defendant or by any 
other person by his order or for his use, or which might but for his 
wilful default have been so received, and that what shall appear to 
be due to the plaintiffs in taking the account of rents and pi'ofits be 
deducted from what shall appear to be due to the defendant for 
principal and interest ; 



1883. — Chapter 223. 515 

3. That it may be decreed that, upon the phiintiif paying to the 
defendant the sum (if any) whieli shall so be found due upon the 
mortgage, the iilaintiifs shall have possession of the premises com- 
prisefl in the said mortgage, to hold the same discharged of the said 
mortgage. 

L. M., 
Solicitor for the Plainiiffs. 

[2. Answer '\ 

In the Court. 

ss. 

A. B. and Another v. E. F. 

Answer. 

1. This defendant admits the allegations contained in the 1st, 3d 
and 4th paragraphs of the plaintift'^s bill. 

2. This defendant admits that the interest upon the said mortgage 
was duly paid up to the 1st of November, 1873; but he denies that 
it was paid up to any later time. 

3. Default was made in payment of the principal sum secured by 
the said mortgage and the interest thereon ; and on the 15th of June, 
1875, after the said default, this defendant made an open, peaceable, 
and unopposed entry on and took possession of the premises com- 
prised in the said mortgage, for the purpose of foreclosing the right 
of redemption thereof; and a certificate of two competent witnesses 
to prove the said entry was duly made and sworn and recorded in 
the Registry of Deeds for the said County of , within thirty 
days from the said enti'y. 

4. The possession so olitained by this defendant was continued 
peaceably for more than three years before the commencement of 
this suit. 

J. S., 
Solicitor for the Defendant. 

[3. Demurrer.'] 
In the Court. 



ss. 



G. H. V. T. L. and Others. 



Demurrer [or Demurrer of T. L. and R. C, two of the De- 
fendants]. 

The defendants [or These defendants] demur to the plaintiff's bill 
and for causes of demurrer show 

1. That the plainiitf has not stated such a case as entitles him to 
any relief in equity against these defendants or either of them; 

2. That, etc. 

J. S., 
Solicitor for the [or the said twol Defendants. 
I certify that this demurrer is not intended for delay. 

J. S. 

\^The foregoing ivas laid before the Gorertwr on the ticentri- 
eighth day of May, 1883, and after Jive days it had the '■'force 
of a law" as prescribed by the Constitution, as it was not re- 
turned by him with his objections ivithin that time.^ 



516 



1883. — Chaptees 224, 225. 



Cha2)'224: An Act relating to the employment of children in manu- 
facturing AND OTHER ESTABLISHMENTS. 



Children under 
ten years nut to 
be employed, 
etc. 



Children under 
twelve j-ears 
not to be em- 
ployed during 
hours when 
public Bchools 
are in session. 



To take effect 
July 1, 1883. 



Chap.225 



Unlawful meas- 
ures may be 
seized. 



Be it enacted, etc., as follows: 

Section 1. Section one of chapter forty-eight of the 
Piihlic Statutes is hereby amended so as to read, " Sec- 
tion 1. No child under ten years of age shall be em- 
ployed in any manufacturing, mechanical or mercantile 
establishment in this Commonwealth; and no child under 
twelve years of age shall be so employed during the hours 
in which the public schools are in session in the city or 
town in which he resides. Any parent or guardian who 
permits such employment shall for such olfence forfeit not 
less than twenty nor more than fifty dollars, for the use 
of the public schools of the city or town." 

Sfx'TION 2. This amendment shall take effect July 
first in the year of our Lord eighteen hundred and eighty- 
three. 

[^The foregoing teas laid before the Governor on the twenty- 
eiglith day of May, 1883, and after five days it had the '''■force 
of a law," as prescribed by the Constitution, as it ivas not re- 
turned, by him with his objections ivithin that time.^ 

An Act to prevent the use of unlawful measures. 
Be it enacted, etc., as follows : 

A sealer or deputy sealer of weights and measures, or 
any person specially authorized thereto b}^ the mayor and 
aldermen of a city or selectmen of a town, may seize any 
measures in the possession of a vendor of merchandise or 
of articles offered for sale and used or intended to be used 
for measuring merchandise, or articles offered for sale and 
not made of the shape and dimensions required by law and 
sealed as so required, and having seized any such meas- 
lu-es shall make complaint against such vendor of having 
in his possession such measures with intent to use the 
same in violation of law. The possession of any such 
measures by such vendor shall be prima facie evidence 
that the said measures were intended to be used in viola- 
tion of law, and any person convicted on the complaint 
aforesaid shall be subject to a tine not exceeding twenty 
dollars for each offence, and the court so convicting shall 
cause said measures to be destroyed. 

[T/ie foregoing teas laid before the Governor on the thirty- 
first day of May, 1883, and after five days it had the '■'■force of 
a law," as prescribed by the Constitution, as it ivas not returned 
by him ivith his objections within that time.^ 



1883. — Chapters 226, 227, 228. 517 

An Act making appropriations for salaries and expenses at L>ll(ip.-i-^K) 

THE state almshouse AT TEWKSBURY. 

Be it enacted^ etc., as foUoivs : 

Section 1 . The sums hereinafter meutiouecl are appro- -^PP'-opr'ations. 
priated, to be paid out of the treasury of the Common- 
wealth, from the ordinary revenue, for the payment of 
salaries and current e.xpenses at the state almshouse at 
Tewksbiiry during the year eighteen hundred and eighty- 
three, to wit: — For payment of salaries at the state salaries and 
almshouse at Tewksbury, a sum not exceeding twenty suae almshouse. 
thousand dollars ; and for other current expenses of said 
institution, a sum not exceeding seventy thousand dollars. 

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

[T//e foregoing ivas laid before the Governor on the twenty- 
second day of May, 1883, and after five days it had the '■\force 
of a law," as prescribed by the Constitution, as it was not re- 
turned by him with his objections within that tinie.^ 

An Act to incorporate the cape cod historical society. Chci2).22i7 
Be it enacted, etc., as follows : 

Section 1. Charles F. Swift, Samuel Snow, Josiah corporators. 
Paine, George Marston and Benjamin C. Sparrow, their 
associates and successors, are hereby made a corporation 
by the name of the Cape Cod Historical Society, for the NHmeand 
purpose of collecting, preserving and publishing historical p^'P"**^- 
matter relating to the county of Barnstable and vicinity, 
and for the maintenance of a cabinet and library ; and for 
these purposes shall have all the powers and privileges, 
and be subject to all the duties, requirements and lial)ili- 
ties, set forth in all general laws which now are or here- 
after may be in force applicable to such corporations. 

Section 2. The said corporation may hold and possess Real and per- 
il iiij_ i.i. TJ2 sonal estate. 

real and personal estate to an amount not exceeding tive 
thousand dollars. Approved June 9, 1883. ' 

An Act to change the name of the prushan rubber company. Chci7).22S 
Be it enacted, etc., as follows: 

Section 1. The name of the "Prushan Rubber Com- Name changed. 
pany," originally incorporated under the laws of the Com- 
monwealth on the seventeenth day of November in the 
year eighteen hundred and eighty, is changed to the 
" Readville Rubber Company, ot Hyde Park." 

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

Approved June 9, 1883. 



518 



1883. — Chapters 229, 230, 231. 



Cll(l]).Zi2v An Act authorizing moderators and town clerks to appoint 

TELLERS IN TOWN MEETINGS. 



Tellers may be 
appointed in 
town tteetings. 



Penalties. 



Chap.230 



Poultry to be 
properly 
dressed before 
sale. 



Penalty. 



Not to apply to 
green geese, etc. 



To take effect 
Julyl, 1883. 



Be it enacted^ etc., as follows: 

Section 1. Moderators and town clerks when required 
to preside at town meetings may appoint tellers to aid 
them in checking the names of voters, or in assorting and 
counting votes. Such tellers shall be sworn to the faith- 
ful discharge of their duties by the town clerk, who shall 
make record of the takins: of such oath. 

Sectiox 2. Every such teller shall be subject to the 
same penalties to which the officer so appointing him is 
subject in the performance of the duties in which such 
teller assists. Approved Jane 9, 18S3. 

An Act concerning the sale ob^ dressed poultry. 

Be it enacted, etc., as folloios : 

Section 1. No poultry, except it be alive, shall be 
sold or exposed for sale until it has been properly dressed 
by the removal of the entire head, entrails and feathers, 
and of the crop when containing any food or other sub- 
stance. 

Section 2. Whoever sells or exposes for sale poultry 
contrary to the provisions of section one of this act shall 
be punished by a fine of five dollars for each bird sold or 
exposed for sale. The boards of health in the several 
cities and towns shall cause the provisions of this act to 
be enforced in their respective cities and towns. 

Section 3. This act shall not apply to green geese or 
green ducks at any season of the year, nor to broiler 
chickens weighing two pounds or less, Avith crops shrunken 
to the body, during the months of July, August and Sep- 
tember. 

Section 4. This act shall take effect on the first day 
of July in the year eighteen hundred and eighty-three. 

Approved June 9, 1883. 



Chap.^iSX An Act making appropriations for expenses authorized the 
present year, and for other purposes. 

Be it enacted, etc., as folloivs : 
Appropriations. Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Common- 
wealth, from the ordinary revenue, for the purposes spec- 



1883. — Chapter 231. 



519 



ificd in certain acts and resolves of the present year, and 
for other purposes, to wit : — 

For the Massachusetts Charital)le Eye and Ear Infirm- 
ary, ten thousand doUars, as authorized by chapter three 
of the resolves of the present year. 

For protection against fire, for an ice-house and for 
sundry repairs at the State Lunatic Hospital at Taunton, 
five thousand five hundred dollars, as authorized by 
chapter four of the resolves of the present year. 

For the town of Pepperell, eighty-six dolhirs and thirty- 
six cents, as authorized by chapter six of the resolves of 
the present year. 

For the town of Norton, two hundred and sixty-eight 
dollars and thirty-five cents, as authorized by chapter 
seven of the resolves of the present year. 

For the completion of the work on the war records in 
the department of the adjutant-general, four thousand 
dollars, as authorized by chapter ten of the resolves of 
the present year. 

For providing for new steam boilers and pipes at the 
State Workhouse at Bridgewater, three thousand dollars, 
as authorized by chapter thirteen of the resolves of the 
present year. 

For printing the report of the trustees of the Massa- 
chusetts Agricultural College, a sum not exceeding two 
hundred dollars, as authorized by chapter sixteen of the 
resolves of the present year. 

For repairs to the buildings of the State Normal School 
at Bridojewater and for furnishino: cases for the labora- 
tory, one thousand dollars, as authorized by chapter 
seventeen of the resolves of the present year. 

For the completion of the new hospital at the State 
Primary School at Monson, four hundred and one dollars 
and ninety-six cents, as authorized by chapter eighteen of 
the resolves of the present year. 

For Rand, Avery and Company, two hundred and ten 
dollars and thirteen cents, as authorized by chapter twenty 
of the resolves of the present year. 

For the erection ol a laundry and for painting and 
repairing the buildings at the State Lunatic Hospital at 
Dan vers, fifteen thousand five hundred dollars, as author- 
ized by chapter twenty- one of the resolves of the present 
year. 



Eye and Ear 
Infirmary. 



Lunatic hospital 
at Taunton. 



Town of 
Pepperell. 



Town of 

Norton. 



War records. 



State Work- 
house. 



Mass Agricul- 
tural College. 



Normal School 
at Bridgewater. 



Primary School 
at MousoD. 



Rand, Avery & 
Company. 



Lunatic hofpital 
at Dauvers. 



520 



1883. — Chapter 231. 



Boiindarips of 
cities and towns 
bordering on 
the sea. 



Mark Pickering 



Ellon Madigan. 



Timothy 
Murphy. 



John William 
Robert Sawin. 



Soldiers' Home. 



New Hampshire 
boundary line. 



Disabled 
Soldiers Em- 
ployment 
Bureau. 

State house. 



Henry J. White. 



Normal School 
at Westfield. 



Rhode Island 
boundary line. 



Doorkeepers, 
messengers and 
pages. 



For expenses in connection with the act in relation to 
the boundaries of cities and towns bordering upon the 
sea, five hundred dollirs, as authorized by chapter twenty- 
two of the resolves of the present year. 

For an annuity to Mark Pickering, two hundred and 
forty dollars, as authorized by chapter twenty-three of the 
resolves of the present year. 

For Ellen ]M;idigan, seventy-five dollars, as authorized 
by chapter twenty-four of the resolves of the present 
year. 

For an annuity to Timothy Murphy, two hundred dol- 
lars, as authorized by chapter twentj^-tive of the resolves 
of the present year. 

For an annuit}^ to John "William Robert Sawin, one 
hundred and fifty dollars, as authorized by chapter twenty- 
six of the resolves of the present year. 

For the trustees of the Soldiers' Home in Massachu- 
setts, fifteen thousand dollars, as authorized by chapter 
twenty-seven of the resolves of the present year. 

For expenses in connection with establishing the boun- 
dary line between the Commonwealth and the state of New 
Hampshire, a sum not exceeding one thousand dollars, as 
authorized by chapter twenty-eight of the resolves of the 
present year. 

For the Disabled Soldiers' Employment Bureau, eight 
hundred dollars, as authorized by chapter twenty-nine of 
the resolves of the present year. 

For Edison electrical installation at the state house, 
under a concurrent order of both branches of iha legisla- 
ture, three thousand dollars. 

For Henry J. White, one hundred dollars, as authorized 
by chapter thirty-two of the resolves of the present year. 

For repairing the building and fencing the grounds of 
the State Normal School at Westficld, twelve hundred and 
fifty dollars, as authorized by chapter thirty-six of the re- 
solves of the present year. 

For expenses in connection with establishing a portion 
of the l)oundary line between the Commonwealth of 
Massachusetts and the state of Rhode Island, a sum not 
exceeding one thousand dollars, as authorized by chapter 
one hundred and fifty-four of the acts of the present 
year. 

For the compensation of the doorkeepers, messengers 
and pages of the present legislature, a sum not exceeding 



1883. — Chapter 231. 521 

ten thousfind dollars, in addition to the amount heretofore 
appropriated. 

For the salary of the third clerk in the department of Thndjcierk 
the secretarj' of the Commonwealth, one hundred dollars, DTpanm'ent. 
in addition to the amount heretofore appropriated, as 
authorized by chapter forty-eight of the acts of the present 
year. 

For expenses of summoning witnesses before commit- witnesees 
tees, and for fees for such witnesses, a sum not exceeding miuees!"""' 
two thousand dollars in addition to the amount heretofore 
appropriated, as authorized by Pnl)lic Statutes, chapter 
sixteen. 

For the authorized expenses of committees of the present Expenses of 
legislature, to include clerical assistance to committees ^''^^^'^'^es. 
authorized to employ the same, a sum not exceeding five 
thousand dcjllars, in addition to the amount heretofore 
appropriated. 

For the Massachusetts Charitable Society, twelve Masa.ciiaritabie 
hundred and forty-eight dollars and ninety-one cents, ^°"®'y- 
being the amount a-sessed on account of bank stocks held 
by them, as authorized by chapter thirteen, section 
eighteen, ot the Public Statutes. 

For the purpose of exterminating contagious diseases contagious dis- 
among horses and cattle, a sum not exceeding tifteen cauie^^c."^ 
hundred dollars, as authorized by chapter ninety of the 
Public Statutes. 

For expenses of the state valuation, three thousand state valuation. 
dollars, as authorized by chapter eleven, sections ninety- 
six and ninety-seven, of the Public Statutes. 

For travelling expenses of the executive council, a sum Travelling 
not exceeding one thousand dollars, the same to be in councTi!'' °^ ''^'^ 
addition to the amount heretofore appropriated, as author- 
ized by chapter tifteen, section four, of the Public Statutes. 

For the compensation of Ednumd H. Bennett, arbi- Edmund n. 
trator in the matters of dispute between the Common- arbitrator. 
Avealth and Amaziah jNIayo and George G. Bakei', con- 
ti'actors, relative to building the Keformatory Prison for 
Women at Sherborn, three hundred and twenty dollars, 
as authorized by chapter forty-seven of the resolves of the 
year eighteen hundred and seventy-eight. 

For small items of expenditure for which no appro- smaii items of 
priations have been made, or for which api)ropriations ^'^p'^'"'"^"''^- 
have been exhausted or reverted to the treasury in pre- 
vious years, a sum not exceeding one thousand dollars. 



522 



1883. — Chapters 232, 233. 



Department of FoF tlic general svoi'k of the department of health, in- 

heaith. eluding chemical analyses, sanitary investigations and 

reports, and travelling expenses for inspections, a sum 

not exceeding twenty-five hundred dollars, in addition to 

the amount heretofore appropriated. 

Sectiox 2. This act shall take etlect upon its passage. 

Approved June 9, 1883. 

Chaj).2^2 An Act relating to indigent and neglected childrex. 

Be it enacted, etc., asfoUoios: 

Section 1. Section twenty-one of chapter eighty-four 
of the Public Statutes is amended by inserting after the 
word " Asylum," in the fourth line, the words "or St. 
Mary's Infant Asylum." 

Section 2. Section forty-four of chapter eighty-six of 
the Public Statutes is amended by inserting after the word 
♦' charter," in the third line, the following words, "or to 
the St. Mary's Infant Asylum agreeably to the provisions 
of its charter." 

Section 3. The provisions of section forty-six of chapter 
eighty-six of the Public Statutes as amended by chapter 
one hundred and eighty-one of the acts of the year 
eighteen hundred and eighty-two, shall apply to the St. 
Mary's Infant Asylum ; but overseers of the poor shall 
commit any indigent or neglected infants having no known 
settlement in this Commonwealth to the custody of the 
state board of health, lunacy and charity, which board 
shall provide for said infants in either of said asylums, or 
in a family or other suitable place, as they may judge to 
be best for the interests of each child. 

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

Approved June 9, 1883. 



Destitute chil- 
dren may be 
placed in care 
St. Mary's In- 
fant Asylum. 



State board to 
be notified of 
reception of in- 
fants by asylum. 



State board to 
provide for in- 
fants when asy- 
lum is full. 



Ch(ip.2i33 An Act to autuorize the city of fall river to take a deed 

OF certain land in said city from MARY B. YOUNG. 

Be it enacted, etc., as follows. • 
City of Fall Section 1. The city of Fall River by its city council 

deeToHMd'''^^ ^^ hereby authorized and empowered to take from Mary 
etc., from Mary jj. Youug, hcr hcirs, cxccutors or assiorns; a deed of the 

B. Young. ~ . . O ' 

land and of the building which she proposes to erect 
thereon for a high school, subject to a condition therein 
that the teachers selected, employed and continued in said 
high school and the departments connected therewith, 



1883.— Chapters 234, 235. 523 

shall be approved in writing by certain persons to be 
named in s;iid deed, and their snccessors ; and in default 
thereof said premises Avith the buildinofs and improve- 
ments thereon shall revert to the said Mary B. Young, 
her heirs and assigns. 

Suction 2. The said city is also authorized to take, Mny horn and 

b,, „ i-i-'. .\ . . ,. c i.\ • ailmiiiister the 

old, traubler and administer, upon the trusts set tortn m property upon 

the deed or instrument of conveyance, such property, fllnh hfuie''' 

real or personal, as may be conveyed to it by said jNLuy '^^■'''^• 

B. Yduug, or any other person or persons, in trust for 

any present or future uses or departments connected with 

the high scho(»l of said city, and adopt such ordinances as 

may be deemed necessary for the administration of said 

trusts. 

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

Approved June 9, 1883. 



An Act tkansferrixg the powkijs and dities of the special (y/lCip. 234: 

COSlMrsSKiNEU FOR THE MYSTIC RIVER CORPORATION TO THE 
BOARD OF HARBOR AND LAND COMMISSIONERS. 

Be it enacted, etc., as folloivs : 

Section 1. The office of commissioner to supervise office of com- 
tbe work done by the Mystic River Cor[)oration, provided i^^hTdl'anaVow- 
for l)y section three of chapter four hundred and eighty- f^!"rVd "to hTbor 
one of tht^- acts of the year eighteen hundred and tifty-fivo, aniundoom- 
entitUd "An Act relating to the M3'stic Kiver Cor[)ora- 
tion," is hereby abolished. All the authority, powers and 
duties imposed npon said commissioner by said chapter 
are transferred to the board of harbor and land com- 
missioners. 

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

Approved June 9, 1883. 

An Act concerning the administration of the state depart- Chnp.'23^ 

MENT of insurance. 

Be it enacted, etc., as follows : 

Section 1. Section six of chapter one hundred and cetain exami- 
ninelcen of the Public Statutes, relating to the examina- m!l'ie"hy"ri,e ^* 
tion of domestic insurance companies, is hereby amended fir^icierk. 
by inserting in the first line alter the word " deputy," the 
folh)wing words, — " or the tirst clerk specified in section 
four, under the direction of the commissioner." 

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

Aj>proved June 9, 1883. 



524 



1883. — Chapteer 236, 237. 



CJlCip.2o(j An Act to change the name of the episcopal wetiiodist 

SOCIETY OF COCniTUATE, TO CONFIRM CERTAIN PKOCEEDINGS OF 
SAID SOCIETY AND CERTAIN CONVEYANCES TO THE SAME, AND TO 
AUTHORIZE SAID SOCIETY TO SELL ITS REAL AND PERSONAL ESTATE. 



Name changed. 



Acts confirmed. 



Conveyances 
made valid. 



May sell real 
and pert-onal 
estate. 



Be it enacted, etc., as folio ivs : 

Section 1. The name of the Episcopal Methodist 
Society of Cochituate, a religious corporation in the town 
of Way land, organized under the general laws of this 
Connnonwealth on the twenty-third day of April in the year 
eighteen hundred and sixty-si.K, is hereby changed to the 
" Methodist Episcopal Society of Cochituate." 

Section 2. All acts done prior to the passage of this 
act under the name of the jNIethodist Episco[)al Society of 
Cochituate shall have the same force and etleet as if done 
under the name of the Episcopal Methodist Society of 
Cochituate. 

Section 3. All conveyances by deed or otherwise 
made to the Episcopal Methodist Society of Cochituate 
under the name of the Methodist Episcopal Society of 
Cochituate are ratified, confirmed and made valid to the 
same extent as if made under the name of the Episcopal 
Methodist Society of Cochituate. 

Section 4. The Methodist Episcopal Society of Co- 
chituate is authorized to sell and convey by deed and bill 
of sale all its real and personal estate unto the trustees of 
the Methodist Episcopal Church of Cochituate. 

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

Approved June 9, 1883. 



Time extended 
for completion 
of organization. 



C1lG.T).2^ An Act relating to the east boston railway dock and ele- 
vator COMPANY. 

Be it enacted, etc., as foil on: s : 

Section 1. The East Boston Eailway Dock and Ele- 
vator Company, incorporated by chapter two hundred and 
eighty-eight of the acts of eighteen hundred and eighty- 
one, may at any time within two years from the thirteenth 
diiy of ilay eighteen hundred and eighty-three complete 
its organization, and may at any time within said period 
take land and do such other things as are authorized by 
said chapter to be done Avithin two years from the passage 
of said act of incorporation. 

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

Apjvoved June 9, 1883. 



1883. — Chapters 238, 239. 525 

An Act authorizing the bay state telephone company to CJlCip.2oo 

INCREASE ITS CAPITAL STOCK. 

Be it enacted, etc, as foUoivs : 

Section 1. The Bay State Telephone Company, incor- May increase 
porated under the general laws of this Commonwealth, is *'"'""* *'°'' ' 
hereby authorized to increase its capital stock, from time 
to time, to a sum not exceeding in the aggregate two mil- 
lions of dollars. 

Section 2. Such increase shall he made in the manner Subject to pro- 
provided in section thirty-four of chapter one hundred io6,"§34. 
and six of the Public Statutes, and shall be subject to the 
provisions of the said chapter, so far as the same may be 
applicable. 

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

\_The foregoing was laid before the Governor on the fourth day 
of June, 1883, and after Jioe days it had the '■'■force of a law" 
as prescribed by the Constttution, as it teas not retarned by him 
with his objections within that time.'\ 

An Act concerning the Massachusetts school for idiotic L'/lCtp.^ou 

AND FEEBLE-MINDED YOUTH. 

Be it enacted, etc., as follows: 

Section 1. The name of the ^Massachusetts School for Name changed. 
Idiotic and Feeble-Minded Youth is hereby changed to 
the " Massachusetts School for the Feeble-Minded," and 
there shall be estaUished as a department thereof, an asy- 
lum for idiots who are beyond the school age, or ate not 
capal)le of being benefited by school instruction. The 
corporation and- trustees of said school shall have and ex- 
ercise the same powers, and be subject to the same duties 
with respect to said asylum, except as hereinafter pro- 
vided, which they now have and exercise or are subject to 
concerning said school. 

Section 2. Pupils hitherto received and maintained in support of pu. 
said Massachusetts School for Iditjtic and Feeble-Minded ^'*" 
Youth shall be supported in the buildings and on the 
grounds of said institution, wherever located, and may be 
classified in such departments as the trustees shall see fit, 
such support to be at the expense of persons liable for 
their maintenance ; but, if they have no property or kin- 
dred able to support them, the price of such support shall 
be paid quarterly by the city or town in which they have 
a settlement, such price being hereby fixed at the same 
rate now or hereafter to be established for the support of 



526 



1883. — Chapter 239. 



Charges for 
support. 



May recover 
ani(.uiit of ex- 
piDPes for Slip, 
port, etc., fnim 
place of setUe- 
ment. 



Commilments to 
be made by 
judge (jfpiobate 
or municipal 
«ourt. 



state, city and town panpcrs in state lunatic hospitals ; 
and, if they have no settlement within the Commonwealth, 
the state s-hall niMintaiii thtm as at present, hut in special 
cases, pnpils havins: a settlement may he maintained at the 
expense of the Cnmmonwealth, or from the funds helong- 
ing to the institution, at the di>creti()n of the tr^^^te('s. 

Section 3. From and alter the first day of January in 
the year eighteen hundred and eighty-four, the charges for 
the support of pnpils and other iuiuates of said Mas.sachu- 
setts School for the Feeble-Minded shall he paid quarterly, 
as follows: — For those bavmg known settlements, either 
by the person bound to pay, or by the place in which such 
pupils or inmates had their settlement at ihe time of their 
admission, unless other sutEcient security is taken to the 
satisfaction of the trustees for such support. For idiots 
not having knoAvn settlements in this Commonwealth, 
the charges shall be paid by the Commonwealth, and the 
same may afterwards be recovered by the treasurer of 
the Comnionwealth, of the idiots themselves, if of suffi- 
cient ability to i)ay the same, or of any jierson or kindied 
bound by law to maintain them, or of the place of their 
settlement, if any such is ascertained ; and if any such 
place or person refuses to pay such charges or such sum 
as may be chaigcd and due, tor thirty days after the same 
has been demanded in wiiting by the treasurer, of the 
mayor and aldermen of the cityj or of the selectmen of 
the town, or of the person liable therefor, the same, with 
interest from the time of such demand, may be recovered 
for the use of said school, in an action to be instituted V)y 
the distiict attorneys, or other prosecuting officers, in the 
name of the treasurer, against such delinquent city, town 
or person. 

Section 4. Every city or town paying the expenses 
for the support or i-cmoval of an idi(jt admitted to said 
Massachusetts Scho(»l for the Feelile-jNIindcd shall have 
like ii<i:hts and remedies to recover the full amount thereof, 
wiih interest and costs, of the place of his settlement, 
as if such ex|)enses had been incurred in the ordinary sup- 
port of the idiot, and the idiot, if of sufficient ability to 
pay the same, and any kindred bound by law to maintain 
him, shall be liable for all such ex[)enses paid by a city or* 
town in either case. 

Section 5. When it is made to appear upon applica- 
tion in writing to a judge of a ])robale or municipal court, 
that a person is idiotic, and a tit subject fur said JMassa- 



i 



1883. — Chapter 239. 527 

chnsetts School for the Feeble-Mi nded, such judge may 
send such person to Siiid institution, upon nil order of 
con)mitment, accompanied by the certiHcate of a physician 
who is a orraduate of some legally orgunizcd medical col- 
lege, and has practised three years in the Commonwealth, 
that such person is a suitable subject for said institution, 
and is not insane : provided., that such order of commit- 
ment shall be directed to the trustees of said institution, 
who shall be at liberty to receive the person committed, 
or to send him to his own home, or to the state almshouse 
or to the place of his settlement, if, in their judgment, he 
ought not to be received into the institution. 

Section 6. The trustees of the said school for the Pupiismaybe 
feebh'-minded may receive and discharge pupils at their d'isciirr'giH" by 
discretion, and may at any time discharge any pupil or t^^e trustees. 
other inmate, and cause him to be removed, either to his 
home, or to the place of his settlement, or to the state 
almshouse, and they may also allow any inmate to be 
absent on a visit for a period not exceeding three months. 
They may admit state pupils upon special conditions, 
from this Commonwealth, or from any other state or 
province : provided, that the number of such special 
state pupils supported by this Connnonwealth shall not 
exceed tifty-live at any one time. All accounts for the 
support of pupils by the Commonwealth, under the pro- 
visions of this act, shall, after they have been approved 
by the board (jf health, lunacy and charity, be presented 
to the auditor and paid from the treasury. 

Section 7. Section twenty-eiiiht of chapter eighty- Repeal. 
six ot the Public Statutes, and so much of section fifty-six 
of chapter eighty-seven of the Pul>lic Statutes, and so 
much of chapter twenty-six of the resolves of the year 
eighteen hundred and sixty-one, chapter nine of the re- 
solves of the year eighteen hundred and sixty-nine, and 
chapter eighteen of the resolves of the year eighteen 
hundred jind seventy-four as relates to the payment of 
money, and all other acts and parts of acts inconsistent 
herewith are herei)y repealed. 

[T/te foregoing tvas laid before the Governor on the fourth 
day of June, 1S83, and after Ji.oe days it hud the '•'•force of a 
law,'' as prescribed by the Constitution, as it was not returned by 
him with his objections within that tivie.'\ 



528 



1883. — Chapter 2J:0. 



Chup.24:0 An Act to autiioiuze the toavx of hopkinton to purchase 

FH{ST MORTGAGE BONDS OF THE HOPKINTON RAILROAD COMPANY 
AND TO RAISE MONEY FOR THAT PURPOSE. 



May purchase 
certain railroad 
bonds. 



May igeue notes 
or bonds in 
payment. 



May raise 
money annually 
by taxation for 
interest, etc. 



May sell notes 
or bonds. 



Subject to as- 
sent by a two- 
thirds vote. 



Be it enacted, etc., as foUoics ■: 

Section 1. The town of Hopkinton is hereby nnthor- 
ized to pnrchase first mortgnge bonds of the Hopkinton 
Railroad Company, and to raise a sura of money not ex- 
ceeding seventy thousand dollars for that purpose. 

Section 2. For the purpose of paying for said first 
mortgage railroad bonds, the town of Hopkinton shall 
have the authority to issue the notes or bonds of the town 
in sums of one thousand dollars each, at a rate of interest 
not exceeding four per cent, per annum, and to an agsre- 
gate amount not exceeding seventy thousand dollars, and 
payable not less than five thousand dollars each year, said 
town notes or bonds to be signed by the town treasurer 
and countersigned by the selectmen of Hopkinton. 

Section 3. The town of Hopkinton shall annually 
raise by taxation an amount sufficient, with the income 
received by said town from said railroad bonds or from 
the rental or lease of said railroad, to pay the interest 
annually on all the town notes or bonds authorized by this 
act, and also to pay and cancel annually five of the town 
notes or bonds of one thousand dollars each hereby au- 
thorized. 

Section 4. The town of Plopkinton may sell the town 
notes or bonds authorized by this act at public or private 
sale, upon such terms and conditions as it may deem 
proper. 

Section 5. This authority to the town of Hopkinton 
to purchase the first mortgage bonds of the Hopkinton 
Railroad Company, and to issue town notes or bonds for 
that purpose, is granted on condition that the same is 
assented to by a vote of two-thirds of the voters of the 
town qualified to vote in town atfairs, present and voting 
by ballot, using the check-list, at any legal town meeting 
called for that purpose. 

Section 6. This act shall take effect upon its passage. 

\_Tlie foregoing icas laid before the Governor on the eighth, day 
of June, 1S83, and after Jive days it had the '■'■force of a law" 
as prescribed by the Constitution, as it icas not returned by him 
tcith his objections icithin that tinie.^ 



missioners. 



1883. — Chapter 241. 529 

An Act to provide for the abatement of a nuisance in the (7/iCf2^.241 

CITY OF FALL RIVER. 

Be it enacted^ etc., as follows : 

Section 1. For the purpose of preventing or abating Abatement of a 
a nuisance existing in Ihe city of Fall River, upon or kI;:^''"^''" 
along the line of the Quequeclian Kiver, so called, between 
the dam of the Watuppa Reservoir Company and the sand- 
bar or outlet of the Watujipa ponds, or ui)on or abf)Ut the 
adjacent lands, flats or waters, and for the protection of 
the health of the inhabitants of said city, the board of 
harbor and land commissioners, upon petition of the 
mayor and board of aldermen of said city, shall have the 
powers and perform the duties herein set fc^rth. 

Section 2. In addition to the other powers herein ex- powers of com- 
pressly conferred, the said commissioners shall have all 
powers relating to the abatement of nuisances conferred 
by general laws upon boards of health. They may act 
by a majority of their members, and in all their doings 
they shall proceed in the most expeditious and summary 
manner consistent M'ith due regard for private rights and 
the protection of the public health. 

Section 3. The said commissioners shall forthwith comr 
proceed to investigate the causes of said nuisance, and to aud'defermh% 
determine the best method of pieventinof or abatino; the best method of 

. ' . ^ '^ abatement of 

same, having regard, so far as practicable, to the preser- nuisance. 
vation of the channel lines of said river, and may hear 
any interested person who desires to be heard thereon, 
giving public notice of the time and place of hearing, and 
may thereupon, by notice in writing, direct any person 
who appears to be wholly or in any part responsible for 
the existence of such nuisance to abate the same in such 
manner and within such time as they may determine and 
set forth in such notice. If such person, or an agent au- 
thorized to receive service, is not found in the county of 
Bristol, the notice may be served by h aving a copy thereof 
at his last and usual place of abode within the county, if 
any, or by publishing the same in such newspapers as the 
said commissioners may determine. 

Section 4. If the requirments of such notice are not if requirements 
performed to the satisfaction of the said commissioners, mayo^r^^fai- 
they may in writins: direct the mayor and board of alder- 'lermenmaybe 

,. ... ~ ., '' 111 directed to 

men or said city to abate said nuisance, wholly or in such abate, etc. 
part as the said commissioners may prescribe, and the 
mayor and aldermen shall have power so to do, and to 



imissioners 



530 



1883. — Chapter 241. 



Application for 
damages. 



Expenses of 
work to be as- 
sessed ujion 
persons causing 
the nuisauce. 



Damages, etc., 
to be at first 
J)aid by city of 
Fall River. 



l^eifoim all directions of the commissioners therein, and 
for that purpose, under direction of the conimis>ioners, 
they m;iy enter upon or take possession of any hinds, 
flats, waters, dams or other structures, and may hold and 
occupy or use the same so long and in such manner as the 
commissioners may deem necessary to the j)urposes 
hereof, and may raise or till any lands or fl;its to such 
grade, and may divert or exclude any waters in such way 
or manner and to such extent as the commissioners may 
deem necessary to such purpose, and may do any and all 
acts in the judgment of the commissioners necessary 
thereto. The mayor and board of aldeimen, however, 
shall have discretionary power to proceed, as herein before 
provided, as rapidly as they may deem expedient. 

Section 5. Any person injured in his property or 
rights by any act done hereunder may, within one 3'ear 
after such act, apply to the said commissioners for assess- 
ment of his damages, and they shall hear and determine 
the application and m:iy award or refuse to award damages 
thereon. The city of Fall River shall have the right to be 
heard on all such applications. 

Section 6, The entire amount of the expenses of the 
work done by the mayor and aldermen under the direc- 
tion of the commissioners, with all damages awarded by 
the commissioners on account thereof, shall be by the com- 
missioners apportioned and assessed upon the persons 
causing said nuisance, and the persons, if any, specially 
benefited by the work, in such manner and in such sums 
or proportions as they may determine, having regard to 
the rules prescribed in section one of chapter fifty-one of 
the Pul)lic Statutes. If the same person is assessed with 
expenses or benefits and is also allowed damages, the one 
amount sh;dl be set off against the other and the balance 
only shall be paid or collected. All benefit so assessed 
shall constitute a lien upon the property adjudged to be 
benefited, until payment thereof. 

Section 7. The entire amount of expenses of every 
description, and damnges if any there be resulting from 
said work, shall be payable, in the first instance, out of 
the treasury of the city of Fall River. All assessments 
laid as herein provided, and all liens resulting therefrom, 
shall be and inure to and for the benefit of said city, and 
the city may enforce and collect the same in the manner 
provided by law for the collection of taxes, or by an action 
at law. 



1883. — Chapter 242. 531 

Section 8. As soon as may be after the completion commissioners 

,'', ., .. to make return 

of the work hereni provided tor, the said commissioners ofiii.ir 
shall return to the superior court in the county of Bristol 8up'efior°court. 
a report of all their doings hereunder. The acceptance 
of the report of the commissioners after such notice and 
hearing thereon as the court in its discretion may pre- 
scribe, shall be final and conclusive upon the rights of all 
parties, except as hereinafter provided, and a copy of such 
report, duly attested by the clerk of the court, shall be 
tiled in the registry of deeds for the north district of said 
county. 

Sectiox 9. The city of Fall Eiver, or any person Parties ag- 

• ^ 1 , • 1 J 1 1' ii . . grieved may ap- 

aggrieved l>y any judgment or order or tiie commissioners ,,!yio thesupe- 
assessing expenses or benefits, or awarding or refusing ""'■<=°"''- 
daniMges, may, within one year after such judgment or 
order, apj^ly by petition to the superior court in Bristol 
County for revision thereof, and the court shall proceed 
thereon ns provided in section one hundred and five of 
chiipter forty-nine of the Public Statutes ; but no costs 
shall be taxed by the prevailing p;irty except such actual 
disbursements as are taxable by law. In all such pro- 
ceedings brought by any person or corporation other than 
the city of Fall Kiver, said city shall be deemed and 
treated as the adverse party. No act, order or judgment 
of the commissioners shall be drawn in question other- 
wise than as provided in this section. 

Section 10. This act shnll take eff'ect upon its accept- 
ance by the city council of the city of Fall River. 

Approved June 16, 1883. 

An Act relative to unclaimed dividends in insolvency. (77z«2).242 

Be U enacted, etc., as foUoivs : 

If a dividend, which a court of insolvency has declared, unclaimed divi- 

. ,1 1 ■ 1 . ji • 1 dends may be 

remains tor Six months unclaimed, the assignee who was deposiu dor in- 
ordered to pay over the same may deposit it in some sav- 8ig*,^ee.**^ '''" 
injzs bank or other like institution, or invest it in bank 
stock or other stocks, as the court of insolvency may 
direct, to accumulate for the benefit of the person entitled 
thereto. Such deposit or investment shall be made in the 
name of the judge of the court of insolvency for the time 
being, and shall be subject to the order of such judge and 
of his successors in office as hereinafter provided. The 
person making such deposit or investment shall tile in the 



532 



1883. — Chapters 243, 2U, 245. 



To be trans- 
ferred by order 
of judgi', to 
party entitled 
to receive it. 



court of insolvency a memorandum thereof, with the 
original certificate or other evidences of title thereto, 
which shall be allowed as sufficient voucher for such pay- 
ment. When the person entitled to the money deposited 
satisfies the judge of such court of insolvency of his right 
to receive the same, the judge shall cause it to be trans- 
ferred and paid over to him. 

Approved June 16, 1883. 

L'll(ip.^±o An Act fixing the responsibility of kailroad corporations 

FOR NEGLIGENTLY CAUSING DEATH OF EMPLOYEES. 

Be it enacted., etc., as follows : 
Liability of rail. Scctiou two huudi'ed and twelve of chapter one hundred 
ti°o'n forTims^'ng aud twclvc of the Public Statutes, is hereby amended by 
pfoyees!*"™ inserting after "indictment" in the twenty-second line, 
the following words, "and if an employee of such cor- 
poration being in the exercise of due care is killed under 
such circumstances as would have entitled the deceased to 
maintain an action for damages against such corporation, 
if death had not resulted, the corporation shall be liable 
in the same manner and to the same extent as it would 
have been if the deceased had not been an employee." 

Approved June 16, 1883. 



Chdp.^ii^i An Act to establisu the salary of the judge of probate and 

INSOLVENCY FOR THE COUNTS OF ESSEX. 

Be it enacted, etc., as foUows : 

Section 1. The judge of probate and insolvency for 
the county of Essex, from and after the first day of Janu- 
ary in the year eighteen hundred and eighty-three, shall 
receive an annual salary of three thousand d(Wlai-s. 

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

Approved June 16, 1883. 



Salary estab- 
lished. 



Chcip.2i4.0 An Act relating to the care and education of neglected 

CHILDREN. 



Officers to 
make com- 
plaiiitH and 
carry into exe- 
cution llie 
judgments 
thereou. 



Be it enacted, etc., as foUoios : 

Section nineteen of chapter forty-eight of the Public 
Statutes, relating to the care and education of neglected 
children, is hereby amended by inserting in the eighth 
line thereof, after the word " complaints," the words 
" and carry into execution the judgments there<m." 

Approved June 16, 1883. 



1883.— Chapters 246, 247. 533 

An Act to authorize the toavn of nokton to receive and C'hap.24:b 

UOLD certain PUOPERTY IN TRUST. 

Beit enacted, etc., as follows: 

Section 1. The town of Norton is hereby authorized Town may re- 

/~i XT' -If 1 ly r ci'ive and liola 

to receive from Cyrus Hicks of Boston tlie sum ot four certain property 
thousand dolhirs, the same to be forever held in trust for 
the followini; ]mrposcs, to wit : one-half of the income of 
said fund shall be used to keep in repair the burial lot of 
the said Cyrus Hicks situate iu the centre burial ofround 
in Norton, and the other half of said income shall be ap- 
propriated by said town towards defraying its ordinary 
expenses. 

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

Approved June 16, 1883. 

An Act to enable fire district number one of Greenfield to C'hcip.Z'^i 

INCREASE its WATER SUrPLY. 

Be it enacted, etc., as follows: 

Section 1. The fire district number one of the town May take and 
of Greenfield, for the purpose of furnishing an additional r'lsk Brook. 
water supply for itself and the inhahilants of the towns 
of Greenfield and Deerfield, for the extinguishment of 
fires and for domestic and other purposes, may take, by 
purchase or otherwise, and hold the water of Fisk Brook, 
so called, in the towns of Greenfield, Shell)urne and Col- 
rain, and the water rights connected therewith and also 
all lands, rights of way and easements, necessary for 
holding and preserving such water, and for conveyinu the 
same to any part of said towns of Greenfield and Deer- 
field, and may erect on the land thus taken or held, jiroper 
dam-!, buildings, fixtures and other structures, and may 
make excavations, procure and operate machinery, and 
provide such other means and appliances as may be 
necessary for the establishment and maintenance of com- 
plete and effective water works; and may construct and May ronRtmct 

I , 1 -i • 1 *i II and lay down 

hiy down conduits, pipes and other works under or over couduua. 
any lands, water courses, railroads, or public or private 
■ways, and along any such way, in such manner as not 
unnecessarily to obstruct the same; and for the purpose 
of constructing, maintaining and repairing such conduits, 
pipes and other works, and for all proper pui'poses of 
this act, said fire district may dig up any such lands, and 
under the direction of the board of selectmen of the town 



534 



1883. — Chapter 247. 



To have re- 
corded in the 
registry of 
deeds a de- 
scription of the 
land taken. 



Payment of 
daoiagcs. 



No application 
for damages to 
be made until 
•water is with- 
drawn. 



Greenfield Fire 
District Water 
Loan. 



in which any such ways are situated, may enter upon and 
diir lip any such ways in such manner as to cause the least 
hindrance to public travel on such ways. 

Section 2. The said fire district shall, within sixty 
days after the takinir of any lands, rights of way, water 
rights, water sources or easements as aforesaid, otherwise 
than by purchase, file and cause to be recorded in the 
registry of deeds for the county within which such lands 
or other property is situated, a description thereof suffi- 
ciently accurate for identitication, with a statement of the 
purpose for which the same were taken, signed by the 
chairman of the prudential committee of said tire dis- 
trict. 

Section 3. The said fire district shall pay all damages 
sustained by any person in property by the taking of any 
land, right of way, water, water source, water right or 
etisement, or by any other thing done by said fire district 
under the authority of this act. Any person sustaining 
damages as aforesaid under this act, who fails to agree 
with said.fire district as to the aun)unt of damages sus- 
tained, may have the damages assessed and determined in 
the manner provided by law when land is taken for the 
laying out of highways, on application at any time within 
the period of three years from the taking of such land or 
other property, or the doing of other injury, under the 
authority of this act ; but no such application shall be 
made after the expirntion of said three years. No appli- 
cation for assessment of damages shall be made for the 
taking of any water, water right, or for any injury 
thereto, until the water is actually withdrawn or diverted 
by said (ire district under the authority of this act. 

Section 4. The said fire district may, for the purpose 
of paying the necessary expenses and liabilities incurred 
under the provisions of this act, and for the purpose of 
paying or refunding the present indebtedness of said fire 
district, issue, from time to time, bonds, notes or scrip, 
to an amount not exceedinof in the ago;refjate one hundred 
thou-and dollars ; such bonds, notes and scrip shall bear 
on their face the words " Greenfield Fire District Water 
Loan" ; shall be payable at the expiration of periods 
not exceeding thiity yeais from the date of issue; shall 
bear interest payable semi-annually, at a late not exceed- 
ing six per centum per annum, and shall be signed by the 
treasurer, and be countersigned by the chairman of the 



1883. — Chapter 247. 535 

pruflentinl committoo, of said fire tlistriot. The snitl fire 

distiic-t mny sell such securities at public or private sale, 

or ph'dge the s;ime for money l)orr()\vecl for the purposes 

of this act, upon j«uch terms and conditions as it may 

deem proper. The said fire district shall provide, at the 

time of contracting said loan, for the establishment of a 

sinking fund, and ishall annually (•ontril)ute to such fund a 

sum sufficient, Avith the accumnlations thereof, to pay the 

principal of said loan at maturity. The said siidiing fund sinking fund. 

shall remain inviolate and pledged to the payment of said 

loan, and shall be used for no other puipose. The said 

fire distiict may, instead of establishing said sinking fund, 

pay the principal of said loan b}' annual instalments not 

exceeding the sum of ten thousand dollars in any one 

year. 

Sections. The said fire district shall raise annually, xoraiseannu- 
by taxation, a sum which, with the income derived from l^umcVJnfuTpay 
the water rates, will be sufficient to pay the current annual |."/,^7Jn ' e^ .'^ 
expenses of operating its water works, and the interest as penses. 
it accrues on the bonds, notes and scrip issued as aforesaid 
by said town, and to make such contributions to the sink- 
ing fund and payments on the princi[)al as may be required 
under the provi>ions of this act. 

Srction 6, The said fire district may distribute the wnt^r supply 
■water through the said towns of Greenfield and Deertield ; l'^,dDeerfii'id! 
may establish fountains and h}drants, re-locate or discon- 
tinue the same ; may regulate the use of said water and 
fix and collect rates to be paid for the use of the same. 

Section 7. The said fire di>trict shall exercise the rowers and du- 
rights, powers and authority given by this act, subject to "''^• 
the duties, liabilities and restrictions herein contained, in 
such niiinner and by such agents and oflicers as said 
fire district shall from time to time ordain, appoint and 
direct. 

Sections. AVhoever wilfully or wantonly corrupts, penalty for in- 
pollutcs or diverts any of the waters taken or held under {.'.'.["^'/co^rupting 
this act, or injures any structure, work or other property wakr, etc. 
owned, held or used by said fire district under the au- 
thority and for the |)ui poses of this act, shall forfeit and 
pay to said fire district three times the amount of tJamages 
assessed therefor, to be recovered in an action of tort ; 
and ui)on conviction of either of the above wilful or 
wanton acts shall be puni^hed by a fine not exceeding 
three hundred dollars or by imprisonment not exceeding 
oue year. 



536 1883. — Chapters 248, 249. 

Subject to ac- SectionO. Tliis act shall take effcct upon its accept- 

two-ihirdBVote. aiice bj ii two-thiixls vote of the voters of said fire dis- 
trict, present and voting thereon at a legal meeting of said 
fire district called for the purpose, within three years from 
its passage. 

[ The foregoing tvas laid before the Governor on the twelfth 
day of June, 1883, and after Jive days it had the ^'- force 
of a law" as ipr escribed hy the Constitution, as it teas not returned 
by him ivith his objections ivithin that time.'] 



Chap 



.248 An Act in addition to an act of the present year to extend 
the time avitflln which savings banks and institutions for 
savings may sell certain real estate now held by them. 



Be it enacted, etc., as follows: 
Time extended, SECTION 1 . The exemption from taxation granted to 
bankl.'fo? snie savings banks and institutions for savings hy section 
esutei"'"'"'"'' twenty of chapter thirteen of the Public Statutes on 
account of real estate acquired by the completion of fore- 
closure, or by purchase under the provisions of the eighth 
clause of section twenty of chapter one hundred and six- 
teen of the Public Statutes, is hereby extended and shall 
be allowed for the term during which such real estate shall 
be held under the provisions of chapter fifty-two of the 
acts of the present year, or of any general law ; and the 
tax for the present year shall be assessed and collected in 
accordance with the provisions of this act. 

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

[ The foregoing teas laid before the Governor on the twelfth 

day of June, 1883, and after five days it had the '■'■force 

of a law," as prescribed by the Constitution, as it was not returned 

by him with his objections ivithin that time.] 

Chap.2.4d An Act relating to the bond of the treasurer of the 

TRUSTEES OF THE HOME FOR AGED FEMALES IN THE CITY OF WOR- 
CESTER, AND THE AMOUNT OF FROPERTY WHICH SAID CORPORA- 
TION MAY HOLD. 

Be it enacted, etc., asfolloivs: 
May hold prop. Section 1. Scctiou two of chapter two hundred and 
of^lsoo.uoo!""' sixty-five of the acts of the year eighteen hundred and 
sixty-nine, entitled, "An Act to incorporate the trustees 
of the Home for Aged Females in the City of Worcester," 
is amended by adding after the word " testament," in the 
fourth line thereof, the following words : " and any other 
estate, real or personal, which may come into their pos- 



1883. — Chapter 250. 



537 



session by purchase, gift, grant, devise or otherwise, to 

an amount not exceeding three hundred thousand dollars." 

And section three of said chapter is amended by striking Bond of treas- 

out in the seventh and eighth lines thereof the words " in "'^'"'" 

double the amount of the property entrusted to him," and 

inserting in place thereof the following words : "in the 

sum of not less than five thousand dollars, and for such 

larger sum as said trustees shall deem sufficient." 

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

Approved June 23, 1883. 



An Act to establish the city of Northampton. 
Be it enacted., etc., as follows : 

Section 1. The inhabitants of the town of Northamp- 
ton shall continue to be a body politic and corporate under 
the name of the City of Northampton, and as such shall 
have, exercise and enjoy all the rights, immunities, pow- 
ers and privileges, and shall be subject to all the duties 
and ol)ligations now incumbent upon and pertaining to 
the said town as a municipal corporation. 

Section 2. The administration of all the fiscal, pru- 
dential and municipal aff'airs of the said city, with the 
government thereof, shall be vested in an officer to be 
called the mayor, a council of seven to be called the board 
of aldermen, and a council of twenty-one to be called the 
common council ; the said councils, in their joint capacity, 
shall be denominated the city council, and the members 
thereof shall be sworn to the faithful performance of their 
respective duties. A majority of each board shall consti- 
tute a quorum for the transaction of business, and no 
member of either board shall receive any compensation 
for his services. 

Section 3. The selectmen of said town, as soon as 
may be after the acceptance of this act, shall divide said 
town into seven wards, so that the wards shall contain, as 
nearly as may be consistent with well defined limits to 
each ward, an equal number of voters, and they shall des- 
ignate such wards by numbers. 

Section 4. The municipal election shall take place on 
the first Tuesday of December annually, and the munici- 
pal year shall begin on the first Monday of January fol- 
lowing. 

Section 5. On the first Tuesday of December an- 
nually, there shall be elected, by ballot, in each of said 
■wards, a warden, clerk and three inspectors of elections, 



Chap.250 



City of North- 
ampton. 



Mayor, alder- 
men and com- 
mon council. 



Town to be di- 
viiled into seven 
wards. 



Mnnicipal elec- 
tion, etc. 



Annual election 
to he on first 
Tiu'fday of 
December. 



538 



1883. — Chapter 250. 



When ward ofli- 
cer is abeetit 
office to be 
filled /)ro tem- 
pore. 



Maj'or to be 
elected by and 
from the voters. 



Alderman to be 
resilient of the 
'Ward. 



Common coun- 
cilman to be 
renidenl of 
ward. 



Mayor to hold 
office one year 
and until suc- 
cessor is elected 
and qualified. 



who shall he difierent persons, and shall he residents in 
the ward, and who shall hold their respective othces one 
year, and until others shall he elected and qualilicd in 
their stead. The wardens shall preside at all ward meet- 
ings, with the powers of moderators at town meetings ; 
and if at any meeting the warden is not present, the clerk 
shall preside until a wnrden pro tempore is elected hy hallot. 
If both Avarden and clerk are ahsent, the senior in age of the 
inspectors present shall preside until f\.\viiY(\Qx\ pro tempore 
is so elected ; and if all said officers are ahsent, any legal 
voter in said ward may preside until a warden pro tempore 
is so elected. AVhen any ward officer is ahsent or 
neglects to perform his duty, his office shall he filled pro 
tempore hy ballot. The clerk shall record all the pro- 
ceedings and certify the votes and deliver to his successor 
in office all the records, journals, documents and papers 
held hy him in his said capacity. The inspectors shall 
assist the warden in reviving, assorting and counting the 
votes. All of said officers shall be sworn to a faithful 
discharge of their duties, said oath to be administered by 
the clerk to the warden, and by the warden to the clerk 
and to the inspectors, or to either of said officers l^y any 
justice of the peace. Certificates of such oaths shall be 
made by the clerk upon the ward records. All warrants 
for meetings of the citizens for municipal pur})oses, to he 
held either in wards or in general meetings, shall be issued 
by the mayor and aldermen, and served and returned in 
such manner and at such times as the city council shall 
direct. The compensation of the ward officers shall be 
fixed by concurrent vote of the city council. 

Section 6. Ihe mayor shall be elected by and from 
the qualified voters of the city, voting in their respective 
wards. 

Section 7. One alderman shall be elected by and 
from the voters of each ward, and shall, at the time of 
his election, be a resident of the ward in which he is so 
elected. 

Skction 8. Three common councilmen shall be 
elected by and from the voters of each wai'd, and shall, at 
the time of their election, be residents of the ward in which 
they are elected. 

Skction \). The mayor shall hold office for the muni- 
cipal year next following his election, and until his suc- 
cessor is chosen and qualified, and the members of each 



1883. — Chapter 250. 



539 



branch of the city council shall hold office for the munici- 
pal year next following their election, and until a major- 
ity of the succeeding board is chosen and qualified. In 
case of a vacancy in the office of ma^^or, or of his inal)ility 
to act, the president of the board of aldermen shall act as 
mayor until the inability ceases or the vacancy is filled. 

(Section 10. On the first Tuesday of December an- Eipctionof 
nually, the qualified voters in the several wards shall give dfy om"eVs°. 
in their votes by ballot for mayor, city clerk, city treas- 
urer, aldermen and common counciltnen, school commit- 
tee, an elector under the Oliver Smith will, and three 
trustees under the will of Charles E. Forbes, in accord- 
ance Avith the provisions of this act. All the votes so 
given shall be assorted, counted, declared and recorded in 
open ward meeting, by causing the names of the peraons 
voted for and the inunber of votes given for each to be 
written in the ward record at length. The clerk of the 
ward, within twenty-four hours thereafter, shall deliver 
to the city clerk a copy of the record of such election, 
certified by the warden and clerk and a majority of the 
inspectors. The board of aldermen shall, within ten days 
thereafter, examine the copies of the records of the several 
wards, certified as aforesaid, and shall cause the person 
who shall have been elected mayor to be notified in writ- 
ing of his election ; but if no person is elected, or if the 
})erson elected shall refuse to accept the office, the board 
shall issue warrants for a new election, and the same pro- 
ceedings shall be had in all respects as are herein before 
provided for the election of mayor, and from time to time 
shall be repeated until a mayor shall be elected and shall 
accept said office. Each alderman and councilman shall be 
notified in writing of his election by the city clerk. The 
oath prescril)ed by this act shall be administered to the 
mayor by the city clerk or by any justice of the peace. 
The aldermen and common councilmen elect, shall, on the 
first Monday of January, at ten o'clock in the forenoon, 
meet in convention, when the oath required by this act 
shall be administered to the members of the two boards 
present, by the mayor, city clerk or by any justice of the 
peace; and a ceitificate of such oath having been taken, 
shall be entered upon the journal of the mayor and alder- 
men and of the common council l)y their respective clerks. 
After the oath has been administered as aforesaid, the two 
boards shall separate, and the common council shall be 



Aldermen and 
councilmen to 
be notilied of 
their election. 



Organization. 



5^0 



1883. — Chapter 250. 



organized hy the election of one of its own members as 
president, and also a clerk not one of its own members, to 
hold their offices respectively during that municipal }'ear, 
and the clerk shall be sworn to the faithful performance of 
all the duties of his office, and his compensation shall be 
fixed by concurrent vote of the city council. In case of 
the absence of the mayor elect on the first Monday oi 
January, or if a mayor shall not then have been elected, 
the city council thall organize itself in the manner herein 
before provided, and may proceed to business in the same 
manner as if the mayor were present ; and the oath of 
office may at any time thereafter, in convention of the two 
boards, be administered to the mayor, and any member of 
the city council who may have been absent at the organ- 
ization. In the alisence of the mayor the board of alder- 
men may elect a presiding offi'cer, pi-o temjoore, who shall 
also, in such case, preside at the joint meetings of the tw^o 
boards. Each board shall keep a record of its own pro- 
ceedings and judge of the elections of its own meml)ers ; 
and in case of vacancy in either board the mayor and 
aldermen shall issue their warrants for a new election. 

Section 11. The mayor shall be the chief executive 
officer of the city. He shall cause the laAvs and regula- 
tions of the city to be enforced and keep a general super- 
vision over the conduct of all subordinate officers ; and 
he may for a period not exceeding seven days, suspend 
and, with the consent of the appointing power, for cause 
remove any officer over whose appointment he, or his 
predecessor has, in accordance with the provisions of this 
charter, exercised the power of nomination. He may call 
special meetings of the city council, or either branch 
thereof, when in his opinion the interests of the city 
require it, by causing notice to be left at the usual place 
of residence of each meml)er of the branch to be con- 
vened. He may, from lime to time, communicate to the 
city council, or either branch thereof, such information, 
and recommend such measures, as the business and inter- 
ests of the city may in his opinion require. He shall, 
when present, preside over the board of aldermen and 
Toimve control ovcr thc city couucil whcu in joint convention. He shall 
tii'ep''once"°" °^ at all times have the control and direction of the police 
'^'"■^■''- force, subject only to the ordinances of the city. His 

salary shall be fixed by the city council, but shall not 
exceed the sum of eight hundred dollars, and shall be 



Each boaril to 
korp record of 
its own proceed 
iii,g!<. 



Maj-or to be 
chief executive 
(fl'cer of the 
city. 



1883. — Chapter 250. 



541 



Ordinances, or- 
ders, etc., lo lie 
submitted to tho 
mayor for ap- 
proval. 



payable at stated periods, but shall not be increased or 
diminished during the year for which he is elected. He 
shall receive no other compensation. 

Section 12. Every ordinance, order, resolution or 
vote to which the concurrence of the board of aldermen 
and of the common council of said city may be necessary 
(except on a question of a convention of the two 
branches, or the election of an officer), and every order 
of either branch of the city council, involving an expend- 
iture of money, shall be presented to the mayor of the 
city. If he approve thereof, he shall signify his approval 
by signing the same, but if he does not approve thereof, 
he shall return the ordinance, order, resohition or vote, 
with his objections in writing, to the branch of the city 
council in which it originated. Such branch shall enter 
the objections of the mayor, at large, on its records, and 
shall proceed to reconsider such ordinance, order, resolu- 
tion or vote ; and if, after such reconsideration, two-thirds 
of the branch present and voting, notwithstanding such 
objections, agree to pass such ordinance, order, resolu- 
tion or vote, it shall, together Avith the objections of the 
mayor, be sent to the other branch of the city council 
(if it originally required conciUTcnt action), where it 
shall also be reconsidered, and if approved by two-thirds 
of the number present and voting, it shall be in force ; 
but in all cases the vote shall be determined by yeas and 
nays ; and if such ordinance, order, resolution or vote is 
not returned by the mayor within ten days after it has 
been presented to him, the same shall be in force : jwo- 
vtded, that if any ordinance, order, resolution or vote 
embraces distinct subjects the mayor may approve of the 
provisions relating to one or more of the subjects, and 
not approve of the other provisions, and so much of the 
same as the mayor may not approve of shall be reconsid- 
ered as above provided. 

Section 13. The executive power of said city, with Executive 
all the powers heretofore vested by special statute in the 
selectmen of the town of Northampton, and in the 
selectriien of towns by the laws of the Commonwealth, 
except as provided in this act, shall be vested in and ex- 
ercised by the mayor and aldermen as fully as if the same 
were herein specifically enumerated. The mayor and 
aldermen shall have full and exclusive power to appoint 
a constable or constables, a city marshal or chief of 



power to be 
vested in the 
maj-or and 
aldermen. 



542 



1883. — Chapter 250. 



Constables, etc. 
may be re- 
quired to give 
bonds. 



City council to 
have care and 
ni:iniigement of 
city properly. 



Nominations to 
be made by 
mayor and con- 
firmed or re- 
jected by alder- 
men. 



Election of col- 
lector of taxes, 
city physician, 
city solicitor, 
etc. 



jiolice, with all the powers and duties of a constable, and 
all other police and su1)ordinate officers whose election is 
not herein provided for, and the same to remove at 
pleasure ; and they may require any person who may be 
appointed a constable, city marshal or chief of police of 
the city, to give bonds for the faithful discharge of the 
duties of the office, with such security and to such an 
amount as they may deem reasonable and proper, upon 
which bonds the like proceedings and remedies may be 
had as are by law provided in case of constables' bonds 
taken by selectmen of towns. The compensation of the 
police and other subordinate officers not otherwise pro- 
vided for shall be fixed by concurrent vote of the city 
council. The city council shall have the care and super- 
intendence of the city buildings, and the custody and 
management of all city property, with power to let Avhat 
may l)e legally let, and to sell, purchase or hire property, 
real or personal, in the name and for the use of the city, 
whenever the interests or convenience of the city may in 
their judgment require it ; and they shall, as often as 
once a year, cause to be published for the use of the 
inhabitants, a particular account of the receipts and ex- 
penditures, and a schedule of city property and of the 
city debt. 

Section 14. In all cases in which appointments are 
directed to be made by the mayor and aldermen, the 
mayor shall have the exclusive power of nomination, 
which nomination shall be subject, however, to confirma- 
tion or rejection by the board of aldermen ; and no mem- 
ber of the city council shall be eligible, during the term 
for which he is elected, by appointment or election, to 
any office, the salary of which is payable out of the city 
treasury. All sessions of the city council and common 
council shall be public. 

Section 15. The city council shall annually, as soon 
after its organization as may be convenient, elect by the 
concurrent ballot of both branches of the city council, a 
collector of taxes, and may elect a superintendent or sup- 
erintendents of streets and highways, a city physician, a 
city solicitor, a city auditor and an agent to represent the 
city in the meetings of the Massachusetts Central Rail- 
road Company, who shall be legal voters and hold their 
respective offices for the term of one year from the first 
Monday of March then next ensuing, and until their sue- 



I 



1883. — Chapter 250. 543 

cGSSors shall be elected and qualified : provided, hoicever, 

that any of the officers named in this section may be 

removed at any time by the city council for sufficient 

canse. Vacancies occurring in the above-named offices 

may be filled by concurrent ballot at any time. The com- comppusation 

pcnsation of the officers mentioned in this section shall be concurreiuvute. 

fixed by concurrent vote of the city council. 

Section 16. The city clerk and the city treasurer oity cicrk- and 
shall hold office for the municipal year next following '^''^^ *^'■'''"'"'■'"■• 
their election and nntil their respective successors are 
elected and qualified. Any vacancy occurring in either vacanciea. 
of the said oifices may be filled for the remainder of the 
term by concurrent ballot of the city council. The said 
officers shall receive such con.pensation as the city council 
shall determine. 

Section 17. The city clerk shall also be clei'k of the city cierk to be 
board of aldermen, and of the city council when in con- men^°„(iofcity 
vention, and shall be sworn to the faithful performance of venuou.'" '^°" 
his duties. He shall perform such duties as shall be pre- 
scril)ed by the board of aldermen, and he shall perform 
all the duties and exercise all the powers incnmhent by 
law upon him. He shall deliver to his successor in office, 
as soon as chosen and qualified, all the records, journals, 
documents, papers and property held by him in his said 
capacity. In case of the temporary absence of the city 
clerk, the mayor, by and with the advice and consent of 
the board of aldermen, may appoint a city clerk jpro iem- 
j)ore. 

Section 18. The city conncil may establish a fire de- FJre department 
partment for said city, to consist of a chief engineer, and irshecL* '' 
of as many assistant engineers, enginemen, hosemen, hook 
and ladder men and assistants as the city council, by 
ordinance, shall from time to time prescribe ; and f-aid 
city conncil shall have authority to fix the time of their 
appointment and the term of their service, to define their 
offices and duties, and in general to make such regulations 
concerning the pay, conduct and government of such de- 
partment, the management of fires, and the conduct ot 
persons attending fiies, as they may deem expedient, and 
may affix such penalties for any violation of such regula- 
tions as are provided for the breach of the ordinances of 
said city. The appointment of all the officers and mem- 
bers of such department shall be vested in the mayor and 
aldermen exclusively, who shall also have authority to 



544 



1883. — CiiAPTEK 250. 



Fire limits may 
be established. 



Assessors of 
taxes. 



Assistant as- 
sessors of taxes. 



remove from office any officer or member, for cause, at 
their discretion. The engineers so appointed shall be the 
firewards of the city, but the mayor and aldermen may 
appoint additional tirewards. The compensation of the 
members of the fire department shall be fixed by concur- 
rent vote of the city council. 

Section 19. The city council msiy establish fire limits 
within said city, and may from time to time change the 
same ; and may by ordinance regulate the construction and 
location of all buildings erected within said fire limits, 
and the size and material of which they shall be con- 
structed, and may make such other rules and regulations 
as shall tend to insure the same from damage by fire : ^)ro- 
vided, that such rules and regulations shall not be incon- 
sistent with the laws of this Commonwealth. 

Section 20. The city council first elected under this 
act shall, as soon after its organization as may be conven- 
ient, elect by concurrent ballot three persons, legal voters 
of said city, to be assessors of taxes in said city, to serve 
one for three years, one for two 3'cars, and one for one 
year from the first Monday of March then next ensuing, 
and until their respective successors are elected and quali- 
fied ; and thereafter the city council shall annually in the 
month of February elect in the same manner one person, 
a legal voter in said city to serve for the term of three 
years from the first Monday of March then next ensuing, 
and until his successor shall be electeiJ and qualified. The 
persons so elected shall constitute the board of assessors, 
and shall exercise the powers and be subject to the duties 
and liabilities of assessors in towns. Any vacancy occur- 
ring in said board may be filled by concurrent vote 
of the city council at any time, and the member so elected 
shall hold office only for the unexpired term of the mem- 
ber who has ceased to hold office. All taxes shall be as- 
sessed, apportioned and collected in the manner prescribed 
by law. The compensation of the assessors shall be fixed 
by concurrent vote of the city council. 

Section 21. The city council first elected under this 
act may, as soon after its organization as may be conven- 
ient, elect by concurrent ballot one legal voter from each 
ward to be assistant assessor, to serve one year from the 
first Monday of March then next ensuing, and until his 
successor is elected and qualified ; and thereafter the city 
council shall annually in the month of February elect in 



1883. — Chaptee 250. 5i5 

the same manner one legal voter from each ward to be 
assistant assessor for one year from the first Monday of 
March then next ensuing, and until his successor is 
elected and qualified. Said assistant assessors shall 
furnish the assessors with all necessary information rela- 
tive to persons or property taxable in their respective 
wards ; and they shall be sworn to the faithful perform- 
ance of their duty. Any vacancy occurring in the num- 
ber of assistant assessors may be filled by concurrent bal- 
lot of the city council at any time. The compensation of 
the assistant assessors shall be fixed by concurrent vote of 
the city council. 

Section 22. The school committee shall consist of schooi commit 
the mayor of said city, ex officio, and nine other persons, '''''• 
inhalutants thereof, who shall be elected by the qualified 
voters of the city at large, voting in their respective 
wards. At the first election held under this act, there 
shall be elected three members of said committee, one 
each from the inhabitants of wards one and three, and one 
from the inhabitants of the city at large, to serve for the 
term of three years, commencing on tbe first JVIonday of 
January nextrensuing ; one each fiom the inhabitants of 
wards two, four and six, to serve for the term of two 
years, commencing on the first Monday of January next 
ensuing; and one each from the inhabitants of wards five 
and seven, and one from the inhabitants of the city at 
large, to serve for the term of one year, commencing on 
the first Monday of January next ensuing ; and at each 
subsequent election there shall be elected in the same 
manner as their predecessors three members of the school 
committee, to hold oifice for the term of three years as 
successors of those whose term of office expires at the 
expiration of the then current municipal year. The mem- Members to 
bers of the school committee shall serve without compen- 
sation. The mayor shall be ex officio chairman of the 
board, and shall have a casting vote, but the committee 
may elect from their own number a chairman, who shall pre- 
side in the absence of the mayor. The school committee 
shall aimually appoint a secretary who shall be under the 
direction and control of said committee, and may annually 
appoint, but not from their own number, a superintendent 
of the schools ; and the compensation of such secretary 
and superintendent shall be fixed by concurrent vote of 
the city council ; and the school committee may remove 



serve without 
compeiisatiun. 



546 



1883. — Chapter 250. 



Vacancies. 



Water commis- 
sioners. 



To appoint a 
clerk. 



Compensation 
of clerlj and su- 
perintendent. 



Members of 
board to serve 
without coin, 
pensation. 

Board of public 
works. 



Vacancies. 



Powers and du- 
ties. 



for sufficient cause such secretary or superintendent. 
Any vacancy occuning in the board may be filled by the 
joint ballot of the city council and school committee in 
convention at any time, and the member so elected shall 
hold office for the unexpired term of the member who has 
ceased to hold office. 

Section 23. The city council first elected under this 
act shall, as soon as may be convenient after its organiza- 
tion, elect by concurrent ballot six persons, legal voters 
of said city, to be water commissioners, to serve two for 
three years, two for two years, and two for one year from 
the first Monday of March then next ensuing, and until 
their respective successors are elected and qualified ; and 
thereafter the city council shall annually in the month of 
February elect in the same manner two persons, legal 
voters of said city, to serve on said board for the term 
of three years from the first Monday of March next 
ensuing, and until their respective successors are elected 
and qualified. Said commissioners shall annually appoint 
a clei-k, to be under the direction and control of said 
commissioners, and may appoint, but not from their own 
number, a superintendent ; said commissioners may re- 
move, for sufficient cause, such clerk or superintendent. 
The compensation of such clerk and superintendent shall 
be fixed by the city council. ' Any vacancy occurring in 
said board may be filled by concurrent ballot of the city 
council. The city council may at any time remove any 
member of said board. The members of said board shall 
serve without compensation. 

Section 24. The cit}^ council first elected under this 
act may, as soon as may be convenient after its organiza- 
tion, elect, by concurrent ballot, three persons, legal voters 
of said city, to constitute the board of public works ; to 
serve one for three years, one for two years, and one 
for one year from the first Monday of March then next 
ensuing, and until their respective successors are elected 
and qualified ; and thereafter the city council shall 
annually in the month of February elect in the same man- 
ner one person, a legal voter of said city, to serve on 
said board for the term of three years from the first Mon- 
day of March then next ensuing, and until his successor 
shall be elected and qualified. Any vacancy occurring in 
said board, may he filled by concurrent ballot of the city 
council at any time. Said board shall hold hearings, 



1883. — Chapter 250. 



547 



Members to 
serve without 
co:npeD8ation. 



investigate and rei)oi't on all matters referred to it by the 
city council or mayor and aldermen, relating to the lay- 
ing out, altering, widening, discontinuing, change of 
grade, or repairing of the streets of said city ; also re- 
lating to the laying out, establishing, change of grade, 
constructing, altering, paving or repaving and repairing 
of sidewalks therein ; and also relating to the laying out, 
maintenance, construction, altering or repairing of sewers 
and drains therein. Said board shall also perform such 
further duties relative to streets, bridges, sidewalks, 
sewers, drains or other public works, parks, squares and 
public places, including the estimation of damages and 
betterments as the city council shall, by ordinance or 
order, from time to time prescribe and direct. Any 
member of said board may at any time be removed by 
the city council for cause. The members of said board 
shall serve without compensation. 

Section 25. The city council first elected under this Overseers of the 
act shall, as soon after its organization as may be con- ^°°'' 
venient, elect, by concurrent ballot, three persons, legal 
voters of said city, to be overseers of the poor in said 
city, to serve one for three years, one for two years, and 
one for one year from the Hrst Monday of March then 
next ensuing and until their respective successors are 
elected and qualified ; and thereafter the city council 
shall annually, in the month of February, elect in the 
same manner one person, a legal voter of said city, to 
serve for the term of three years from the first Monday 
of INIarch then next ensuing, and until his successor shall 
be elected and qualified. The persons so elected shall, 
with the mayor and president of the common council, 
constitute the board of the overseers of the poor. The 
mayor shall be ex officio chairman of the boai'd. Any 
vacancy occurring in said board mny lie filled by concur- 
rent ballot of the city council at any time. The city 
council may at any time remove any elective member of 
said board. The compensation of overseers of the poor compensation 
shall be fixed by concurrent vote of the city council. concuSvote 
Not more than one of the elective members of said board of city council. 
shall be originally elected from any one ward, and no 
member of said board shall afterwards be elected from 
any ward, a legal voter of which ward is at the time of 
such election an elective member of said board. 



548 



1883. — Chapter 250. 



IJoard of almon- 
ers. 



To serve with- 
out compensa- 
tion. 

Board of health. 



To serve -with- 
out compensa- 
tion. 

Library com- 
mittee. 



Section 2C. The city council first elected under this 
act shall, as soon after its organization as may be con- 
venient, elect by conciu-rent ballot six persons, all resi- 
dents of said city, who with the mayor of said city, shall 
constitute the board of almoners of said city under the 
provisions of the Whiting Street will, two of whom shall 
be elected to serve for three years, two for two years, 
and two for one year from the first Monday of March 
then next ensuing, and until their respective successors 
are elected and qualified ; and thereafter the city council 
shall annually in the month of February elect in the same 
manner two persons to serve as members of said Ijoard 
for the term of three years from the first Monday of 
March then next ensuing, and until their respective suc- 
cessors shall be elected and qualified. The mayor shall 
be ex officio chairman of said board and shall have a cast- 
ing vote. Any vacancies occurring in said board may 
be filled hy concurrent ballot of the city council at any 
time. The members of said board shall serve without 
compensation. 

Section 27. The city council first elected under this 
act shall, as soon as may be convenient after its organiza- 
tion, elect by concurrent ballot three persons, legal 
voters of said city, to constitute a board of health, to 
serve one for three years, one for two ^^ears, and one for 
one year from the first Monday of March then next ensu- 
ing, and until their respective successors are elected and 
qualified ; and thereafter the city council shall annually 
in the month of February elect in the same manner one 
person, a legal voter of said city, to serve as a member 
of said board for the terra of three years from the first 
Monday of March then next ensuing, and until his suc- 
cessor shall be elected and qualified. Elections shall be 
so made that one member, at least, of said l)oard shall be 
a physician. Any vacancy occurring in said board may 
be filled by concurrent ballot of the city council at any 
time. The city council may, at any time, remove any 
member of said board. The members of said board 
shall serve without compensation. 

Section 28. The city council first elected under this 
act shall, as soon as may be convenient after its organiza- 
tion, elect by concurrent ballot nine persons, legal voters 
of said city, to constitute a library committee, who shall 
have the supervision, management and care of the public 



1883. — Chapter 250. 



549 



library of said city. Said committee shall be elected to 
serve three for three years, thi-ee for two years, and three 
for one year from the first Monday of March then next 
ensuing^, and until their respective successors shall he 
elected and qualified ; and thereafter the cit}^ council shall 
annually in the month of February elect in the same 
manner three persons, legal voters of said city, to serve 
for three years from the first Monday of March then next 
ensuinof, and until their respective successors are elected 
and qualified. Said committee shall annually appoint, 
but not from their own number, one or more librarians, 
to be under the direction and control of said committee, 
and may for sufficient cause remove such librarians. The 
compensation of such librarians shall be fixed by the city 
council. Any vacancy occurring in said committee may 
be filled by concurrent ballot of the city council at any 
time. The city council may, at any time, remove any 
member of said committee. The three trustees of the 
will of Charles E. Forbes shall be members ex officio of 
the library committee. The members of said library 
conmiittee shall serve without compensation. 

Section 29. The city council first elected under this 
act shall, as soon after its organization as may be con- 
venient, elect by concurrent ballot a trust-fund committee, 
consisting of three persons, legal voters of said city, to 
serve one for one 3'ear, one for two years, and one for 
three years from the first Monday of March then ensuing, 
and until their respective successors shall be elected and 
qualified ; and thereafter the city council shall anmially 
in tile month of February elect b}^ concurrent ballot one 
person, a legal voter of said city, to serve as a member 
of said committee for three years from the first Monday 
of March then next ensuing, and until his successor shall 
be elected and qualified. Said committee shall have 
charge of the investment and management of the trust 
funds and trust property held by said city, and not here- 
inbefore mentioned. Any member of said committee 
may be removed from office by the city council at any 
time. Any vacancy occurring in said board may be filled 
at any time by concurrent ballot of the city council. 
The members of said committee shall serve without com- 
pensation. 

Section 30. The city council first elected under this 
act shall, as soon after its organization as may be con- 



To appoint li- 
brarians. 



To serve with- 
out compensa- 
tion. 

Trust fund com- 
mittee. 



To serve with- 
out compensa- 
tion. 

Commissioners 
of sinking funds. 



550 



1883. — Chapter 250. 



To serve ■with- 
out compensa- 
tion. 

Cemetery com- 
mittee. 



To serve with, 
out compensa- 
tion. 

City improve- 
ment commit- 
tee. 



venient, elect by concurrent ballot a board of three per- 
sons, legal voters of said city, to be commissioners of the 
sinking fnnds of said city, one of Avhom shall he elected 
to serve for one year, one for two years, and one for 
three years from the tirst Monday of March then next 
ensuing, and until their respective successors are elected 
and qualified; and annually thereafter in the month of 
February the city council shall elect one person, a legal 
voter of said city, as a member of said committee to 
serve for three years from the first Monday of March 
then next ensuing, and until his successor shall be elected 
and qualified. Any member of said board may be re- 
moved for sufficient cause, and au}^ vacancy occurring in 
said l)oard may be filled at any time by concurrent vote 
of the city council. The members of said board shall 
serve without compensation. 

Section 31. The city council first elected under this 
act shall, as soon after its organization as may be con- 
venient, elect by concurrent ballot six persons, legal 
voters of said city, to constitute a cemetery connnittee, 
to serve two for one year, two for two years, and two for 
three years from the first Monday of March then next 
ensuing, and until their respective successors shall be 
elected and qualified ; and thereafter the city council 
shall annually in the month of February elect l)y concur- 
rent ballot two persons, legal voters of said city, to serve 
on said committee for three years from the first Monday 
of March then next ensuing, and until their respective 
successors shall be elected and qualified. The said com- 
mittee shall have charofc and control of the cemeteries and 
burial places of said cit3^ Any meml)er may, at any 
time, be removed from office by the city council. Any 
vacancy occurring in said board may be filled at any time 
by concurrent ballot of the city council. The members 
of said committee shall serve without compensation. 

Section 82. The city council first elected under this 
act shall, as soon after its organization as may be con- 
venient, elect hy concurrent ballot six persons, legal 
voters of said city, to be a city improvement committee, 
to serve two for one year, two for two years, and two for 
three years from the first Monday of March then next 
ensuing, and until their respective successors shall be 
elected and qualified ; and thereafter annually in the 
mouth of February the city council shall elect in the 



1883. — Chapter 250. 



551 



same manner two persons, legal voters of said city, to 
serve for three years from the tirst Monday of March then 
next ensuing, and until their respective successors are 
elected and qualiHed. The said committee shall have the 
care, superintendence and management of the public 
grounds belonging to said city, and also of all the shade 
and ornamental trees standing and growing in or upon 
any of the public streets and highways of said city, but 
subject, nevertheless, at all times to the control of the 
city council by ordinance or otherwise. Any member 
of said committee may be removed for cause by the city 
council at any time. Any vacancy occurring in said com- 
mittee may be filled at any time by concurrent ballot of 
the city council. The members of said board shall serve 
without compensation. 

Section 33. Ko money shall be paid from the city 
treasury unless granted or appropriated by the city 
council, and said city council shall require all officers 
entrusted with the receipt, custody or disbursement of 
money to give bonds with sufiicient penalties and sureties 
for the faithful performance of their duties. 

Section 34. The city council shall have exclusive 
authority and power to lay out any new street, highway 
or town way, and to estimate the damages any individual 
may sustain thereby ; but all questions relating to the 
subject of laying out, accepting, altering or discontinuing 
any street or way shall first be acted upon by the mayor 
and aldermen ; and any person dissatisfied with the deci- 
sion of the city council in the estimate of damages, may 
make complaint to the superior court or the county com- 
missioners for the county of Hampshire, in term time or 
vacation, withiii one year after such decision, whereupon 
the same proceedings shall be had as are now provided 
by law in cases where persons are aggrieved by the assess- 
ment of damages by selectmen. 

Section 35. All elections of officers who are voted 
for by the people, shall be held at meetings of the citi- 
zens (qualified to vote at such elections in their respective 
wards. 

Section 36. Prior to every election, the mayor and 
aldermen shall make out lists of all the citizens of each 
ward qualified to vote in such election, in the manner pro- 
vided by law ; and, for that purpose they shall have full 
access to the assessors' books and lists, and may call upon 



To serve with- 
out compensa- 
tion. 

Money not to be 
Ji.iid out unless 
appropriuteJ. 

Otlkers to give 
bonds. 



Laying out 
streets, etc., u 
der control of 
city council. 



Elections by the 
people to lie 
held In wards. 



Lists of voters 
to be made by 
iiiuyor and al- 
dirmcn, and 
delivered to 
ward clerks. 



552 



1883. — Chapter 250. 



(Jeneral nieet- 
inifs of citizens. 



Ward meetings 
without the 
limits of the 
ward. 



liy-laws to con- 
tinue in force. 



Lighting the 
streets. 



Laws to con- 
tinue in force. 



Rights not to be 
affected. 



any of the city officers for assistance ; and they shall 
deliver the lists so prepared and corrected to the clerks of 
the several wards, to be used at such election. 

Sectiox 37. General meetings of the citizens qualified 
to vote, may, from time to time, be held according to the 
rights secured to the people by the constitution of this 
Commonwealth ; and such meetings may, and upon the 
request in writing of fifty qualified voters, setting forth 
the purposes thereof, shall, be duly warned by the mayor 
and aldermen. 

Section 38. The mayor and aldermen may, when no 
convenient ward room for holdintj the raeetiDg: of the 
citizens of any ward can be had within the territorial 
limits of such ward, direct in the warrant for calling such 
ward meeting that the same be held in some convenient 
place in an adjacent ward of said city, and for such pur- 
pose the place so assigned for the meeting of the citizens 
of any such ward shall be deemed a part of such ward. 

Section 39. All by-laws and regulations in force in 
the town of Northampton shall remain in force until they 
shall expire by their own limitation, or be revised or re- 
pealed by the city council ; and all fines and forfeitures 
lor the breach of any by-law or ordinance shall be paid 
into the city treasury, and any complaint for any violation 
there(jf may be made by the mayor, city clerk, city 
treasurer, city marshal, or chief of police. 

Section 40. The said city council may cause the 
streets, lanes and avenues of said city to be lighted, and 
for that purpose may erect posts, construct lamps and 
electric light or other circuits, lay gas pipes or other 
apparatus in said streets, lanes and avenues, and do such 
other things as may be necessary to carry into effect such 
purpose. 

Section 41. All general laws in force in the said town 
when this act shall be accepted as hereinafter provided, 
and all special laws then in force in said town or in a fire 
district thereof, shall continue in force in said city so far 
as the same are consistent with this act. 

Section 42. The passage of this act shall not affect 
any right, accruing or accrued, or any suit, prosecution, 
or other legal proceeding pending at the time when this 
act shall go into operation, and no penalty or forfeiture 
previously incurred shall be affected hereby. All per- 
sons holdins: office in said town at the time this act shall 



1883. — Chapter 250. 



553 



take effect, shall continue to hold the same notwithstand- 
ing the passage hereof, until the organization of the city 
government hereby authorized shall be cliccted, and until 
the successors of such olficers shall be respectively elected 
and qualified. 

Section 43. For the purpose of organizing the 
government hereby authorized, and of putting the same 
in operation, the selectmen of said town for the time be- 
ing, shall issue their warrants at least seven days previous 
to the first Tuesday of December next after the accept- 
ance of this act, calling a meeting of the legal voters of 
each ward on such first Tuesday of December at such 
place and hour as they may deem expedient, for the pur- 
pose of electing a warden, clerk and inspectors for each 
w^ard, and all other officers w^iose election is provided for 
in this act; and the transcripts of the records in each 
ward, specifying the votes given for the several officers 
aforesaid, certified by the warden and clerk of the ward 
at such meeting, shall be returned to said selectmen, 
whose duty it shall be to examine and compare the said 
records and give notice of the result in the manner before 
])rovided, to the several persons elected. A list of the 
legal voters in each ward, prepared and C(jriected by the 
selectmen for the time being, shall be delivered to the 
clerk of each ward, when elected, to be used at such 
meeting as hereinbefore provided. The selectmen shall 
appoint a time and place for the fiist meeting of the 
members of the city council first elected under this act, 
and shall notify each member thereof by written notice 
left at his place of residence. The city council shall 
immediately after its organization carry into effect the 
provisions of this act. 

Section 44. 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 meeting duly called for that pur- 
pose, within two years from the passage of this act. At 
such meeting the vote shall be taken by ballot and the 
polls shall be kept open not less than six hours, and the 
check lists shall be used. If at any meeting called for 
the purpose this act shall fail to be accepted by a majority 
of the legal voters of said town, the act shall not be again 
submitted for acceptance to the legal voters of said town 
within four months of the date of such prior meeting. 
It is however provided, that a meeting may be called for 



First olection of 
city ottict-rs. 



List of voters to 
be furniched to 
the ward clerk. 



Subject to ac- 
ceptiiiice by a 
majority vote. 



554 



1883. — Chapter 251. 



the purpose of submitting the question of the acceptance 
of this act to the legal voters of said town at any time after 
the passage hereof. Aj^proved June 23, 1883. 



Ohap.^Sl. Ax Act to sf.cure better provisions for escape from hotels 

AMU CERTAIN OTHER BUILDINGS, IN CASE OF FIRE. 



Watchmen in 
liotclrt and 
boarding 
bouses. 



■ways to be 
lighted. 



Be it enacted, etc., as folloios : 

Section 1. Every keeper of a hotel, boarding or 
lodging liouse containing one hundred or more rooms, and 
l^eing four or more stories high, shall have therein at 
hast two competent watchmen, each properly assigned, 
and each on duty between the hours of nine o'chjck in the 
afternoon and six o'clock in the forenoon. And every 
keeper of a hotel, boarding or lodging house containing 
filty or more, but less than one hundred rooms, and being 
three stories high, shall have between said hcjurs at least 
Halls and stair- oiic compcteut watchmau on duty therein. And in all 
such hotels or lodging houses as are mentioned in this 
section, the halls and stnirvvays shall be properly lighted 
at night, and at the head and foot of each flight of stairs 
shall be kept during the night a red light ; and one or 
more proper alarms, or gongs, capal)le of being heard 
throughout the house, shall always remain easy of access 
and ready for use in each of said buildings, to give notice 
to the inmates in case of fire ; and every kee[)er of such 
hotel, boarding or lodging house, shall keep posted in a 
conspicuous place in every sleeping-room a notice descrip- 
tive of such means of escape. 

Section 2. Hotels used and occupied as public houses, 
for the reception and entertainment of guests, boarding 
or lodofins: houses and school buildin<j3, beins^ three or 
nioie stories hio;h, and accommodating or havinj]^ the 
means of accommodating thirty or more persons, also 
factories, w'orkshops, and manufacturing e^ta1)lishments 
ot said height, in which forty or mi>re persons are em- 
ployed, shall be supplied inside thereof with proper and 
sufficient means or appliances for escape, in case of tire, 
or apparatus for that purpose properly constructed upou 
the outside thereof, connected through doors or windows ; 
all such fire escapes shall ]>e kept in good order and free 
from obstructions, and shall be approved by the inspector 
of factories and public buildings, or iu the city of Boston 
by the inspector of buildings. 



Fire escapes. 



1883. — Chaptees 252, 253. 555 

Section 3. The inspector of buildings in the city of FLirther pro- 
Boston, the mayor and aldermen of other cities, and the required to be 
selectmen of towns, shall prescribe as they deem neces- ""'^''' 
sary, except so far as is specifically required in the pre- 
ceding sections, what additional night-watch shall be kept, 
and what further provisions for the prevention of tires, 
and for the better protection of life in case of fire, shall be 
made by the several keepers of hotels, boarding or lodg- 
ing houses within their respective limits ; and no license 
shall be granted to any keeper of a hotel embraced in the 
provisions of this act, until the requirements thereof, so 
far as applicable, have been complied with. 

Sectiox 4. Whoever neglects or refuses to provide Penalties. 
watchmen as required by this act shall be punished by a 
fine not exceeding one thousand dollars for each offence, 
and whoever violates any of the other provisions of this 
act shall be subject to the same penalty as is prescribed in 
section twenty-two of chapter one hundred and four of 
the Public Statutes. Approved June 23, 1883. 

An Act to authorize the governor to appoint women who are (JllCiP''2i5^ 

ATTOHNEYS-AT-LAW SPECIAL COaiMISSIONEBS TO ADMINISTER 
OATHS AND TO TAKE DEPOSITIONS AND THE ACKNOWLEDGMENT 
OF DEEDS. 

Be it enacted, etc., asfolloivs : 

Section 1. The governor, with the advice and consent women who are 
of the council, is hereby authorized to appoint women, beappXtTd^ 
who are attorneys-at-law, to administer oaths, to take oathl^etc!'*"^ 
depositions, and to take acknowledgments of deeds, and 
women so appointed shall be designated in their commis- 
sions as special commissioners. 

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

Approved June 23, 1883. 

An Act to amend chapter forty-nine of the public statutes Chcip253 
IN regard to the payment of damages where persons have 
separate interests in the pkopeuty for which damages 
are claimed. 

Be it enacted, etc., as folloios : 

Section 1. Section eighteen of chapter forty-nine of payment of 
the Public Statutes is hereby amended by striking out all of persrAIvc" 
said section after the word " interests" in the thirteenth i^'J^.^estg j,, t^e 
line thereof, and insertinfj in place thereof the foliowino^ : property dam 

~ . 1 . T , aged. 

" the annual income to be paid over durmg the period for 
which the life estate or terra of years was limited to con- 



556 1883. — Chapters 254, 255. 

tlnue to the tenant for life or years, first deducting from 
any such payment of income the annual amount or money 
value of any rent, charge or other payment which would, 
if damages had not been sustained as aforesaid, have been 
required to be made by such tenant to or for the benefit of 
the reversioner or remainder-man, which payment so 
required of the tenant shall be made on his behalf b}' the 
trustee ; and at the termination of the period before men- 
tioned the principal of the fund held by the trustee to be 
paid over absolutely to such reversioner or remainder- 
man." 

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

Ajyproved June 23, 1883. 

Chcip.25± Ax Act authorizing the city of taunton to constkuct away 

THROUGH LAND HELD BY THE TRUSTEES OF THE TAUNTON LUNATIC 
HOSPITAL. 

Be it e7iactecl, etc., as foUoivs : 
City may lay Section 1 . The city of Tauntou is authorized to lay 

throu^^Tand out aucl coustruct a way through land held by the trustees 
lunitiJhol- of the Taunton lunatic hospital in trust for the Comuion- 
P'tai. wealth, from a point on Chester Street in the city of 

Taunton near its intersection with Danforth Street to Mill 

Kiver, and for this purpose may take such portion of said 

land as shall be deemed necessary. 

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

Approved June 23, 1883. 

Cha,p.255 An Act to confirm the proceedings of " the trustees of the 

METHODIST EPISCOPAL CHURCH AT SAINT PAUL'S STATION IN 
LOWELL," AND TO CHANGE THE NAME OF SAID CORPORATION. 

Be it enacted, etc., asfollotos: 
Acts ratified and Section 1. All acts and procecdiugs of " The Trustees 
confirmed. of the Mcthodist Episcopal Church at Saint Paul's Station 

in Lowell," a corporation organized on the thirtieth day of 
April in the year eighteen hundred and fifty-two under 
chapter two hundred and eighty of the acts of the year 
eighteen hundred and forty-seven, wdiich said corpo- 
ration might legally do, are hereby ratified and confirmed 
so far as the same are affected by any defect or irregular- 
ity in the manner or time of calling or holding the meet- 
ings of said corporation, the election of its members or 
ofiicere, or the qualification of the same. 



1883. — Chapter 256. • 557 

Section 2. The name of said corporation is hereby Name ciiange.j. 
changed to the " Saint Paul's Methodist Episcopal Church, 
Lowell, Mass." 

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

Approved June 23, 1883. 

An Act authorizing the city of lynn to take an additional CJiC(2)--5Q 

WATER SUPPLY. 

Be it enacted, etc. , as follows : 

Section 1. The city of Lynn may for the purposes of city may take 
an additional water supply for itself and its inhabitants, from saugus 
take by purchase or otherwise, the water of Saugus River HawkeTand 
whenever its daily flow at Pranker's dam in the town of ^^""^ Brooke. 
Saugus shall exceed fifteen million gallons, and may at 
such times take all the flow of said river in excess of said 
fifteen million gallons and no more. And, also for the 
purposes aforesaid, said city may take by purchase or 
otherwise without limitation, and hold the waters of 
Hawkes and Penny brooks, tributaries of said Saugus 
Kiver, and also all lands, rights of way and easements, 
necessary for holding and preserving all water, taken by 
purchase or otherwise under the authority of this act and 
for conveying the same to any part of said city ; and may 
erect on the land thus taken or held, proper dams, build- 
ings, fixtures and structures, and may make excavations, 
procure and operate machinery, and provide such other 
means and appliances as may be necessary for the estab- 
lishment and maintenance of complete and effective water 
"works; and may construct and lay down conduits, pipes May construct 

d, 1 1 1 ii 1 I 1 A conduits and 

other works, under, through or over any lands, water- other works. 

courses, public works, railroads, public or private ways, 
and along any such way in such manner as not unneces- 
sarily to obstruct the same ; and for the purpose of con- 
structing, maintaining and repairing such conduits, pipes 
and other works, and for all proper purposes of this act, 
said city may dig up any such lands, and, under the direc- 
tion of the board of selectmen of the town in which any 
such waj's are situated, may enter upon and dig up any 
such ways, or any such ways in said city, in such manner 
as to cause the least hindrance to public travel on such ways. 

Section 2. The said city shall, within sixty days after to cause to i.c 
the taking of any lands, rights of way, water rights, sfxTy'dVajn"" 
water sources or easements as aforesaid, otherwise than |i\"8,.Hf,uo7o'f 
by purchase, file and cause to be recorded in the registry ^a^j;""^' '''''•' 



558 



1883. — Chapter 256. 



Payment for 
damages. 



Application for 
damages not to 
be made until 
M'ater is ac- 
tually diverted. 



City of Lynn 
Water Loan. 



Sinking fund. 



of deeds for the county within which such hinds or other 
property is situated, a description thereof sufficiently 
accurate for identification, with a statement of the pur- 
poses for which the same were taken, signed by the mayor 
of said city. 

Section 3. The said city shall pay all darnages sus- 
tained by any person in property by the taking of any 
land, right of way, water, water source, water right or 
easement, or by anj' other thing done by said city under 
the authority of this act. Any person sustaining damages 
as aforesaid under this act, who fails to agree with said 
city as to the amount of damages sustained, may have the 
damages assessed and determined in the manner provided 
by law when laud is taken for laying out of highways, on 
application at any time within the period of three years 
from the taking of such land or other property, or the 
doing of other inj\ny, under the authority of this act ; 
but no such application shall be made after the expiration 
of said three years. No application for the assessment of 
damages shall be made for the taking of any water, water 
right, or for any injury thereto, until the water is actually 
withdrawn or diverted by said city under the authority of 
this act. 

Section 4. The said city may, for the purposes of pny- 
ing the necessary expenses and liabilities incurred under 
the provisions of this act, issue from time to time, bonds, 
notes or scrip, to an amount not exceeding, in the aggre- 
gate, two hundred and fifty thousand dollars ; such bonds, 
notes and scrip shall bear on their face the words " City 
of Lynn Water Loan, Act of 1883 ; " shall be payable at 
the expiration of periods not exceeding thirty years from 
the date of issue ; shall bear interest payable semi-annu- 
ally, at a rate not exceeding six per centum per annum, 
and shall be signed by the treasurer of the city, and 
countersigned by the public water board. The said city 
may sell such securities at public or private sale, or pledge 
the same for money borrowed for the purposes of this act, 
upon such terms and conditions as it may deem proper. 
The said city shall jjrovide, at the time of contracting said 
loan, for the establishment of a sinking fund, and shall 
annually contribute to such fund a sum sufficient, with the 
accumidations thereof, to pay the principal of said loan at 
maturity. The said sinking fund shall remain inviolate, 



i 



1883. — Chapter 256. 



559 



and pledged to the payment of said loan, and shall he 
used for no other purpose. 

Section 5. The said city shall raise annually, l)y taxa- 
tion, a sura which, with the income derived from the 
water rates, will be sufficient to pay the current annual 
ex[)enses of operating its water works, and the interest as 
it accrues on the bonds, notes and scrip issued as aforesaid 
by said city, and to make such contributions to the sink- 
ing fund and payments on the principal as may be re- 
quired under the provisions of this act. 

Section 6. Whoever wilfully or wantonly corrupts, 
pollutes or diverts any of the waters taken or hold under 
this act, or injures any structure, work or other prop- 
erty owned, held or used by said city under the authority 
and for the purposes of this act, shall forfeit and pay to 
said city three times the amount of damages assessed 
therefor, to be recovered in an action of tort ; and upon 
conviction of either of the above wilful or wanton acts 
shall be punished by fine not exceeding three hundred dol- 
lars or by imprisonment not exceeding one year. 

Section 7. In case the tovvn of Saugus, ot- the in- 
habitants thereof, shall, at any time, make application, 
through its board of selectmen, to be supplied with water 
from Lynn, then the said city shall furnish water to said 
town or the inhabitants thereof to extinguish fires and for 
domestic and other purposes, for which said town shall 
pay an equitable compensation ; which, in case of ditfer- 
ence, 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 the 
parties for the term of five years. 

Section 8. The public water board of the city of 
Lynn shall have and exercise under this act, all like 
powers and privileges which it now has and exercises 
under the provisions of chapter two hundred and eighteen 
of the acts of eighteen hundred and seventy-one. 

Section 9. This act shall take effect upon its accept- 
ance by the city council of said city if accepted within 
three years from its passage. 

Approved Jane 23, 1883. 



City to raise 
annually, by 
taxation siiffi. 
cient to pay 
interi'st and cur- 
rent expanses. 



Penalty for cor- 
ruptinj; water 
or for injury to 
property. 



City to furnish 
town of Saugua 
witii water upon 
application at 
any time. 



Powers of water 
board of city of 
Lynn. 



Subject to ac- 
ceptance by city 
council. 



5G0 1883. — Chapters 257, 258. 

Chap.^^ An Act relating to the inspection of vinegar. 

Be it enacted^ etc., as follows : 
Inspection of Section 1. Sectioii sixty-iiiiie of chapter sixty of the 

\inegar. Public Sjtatutes, is amended by striking out the word 

"and" in the third line and the word "but" in the 
fourth line, and inserting in place of each of said words 
the words " or vinegar." 
Compensation Section 2. Any city or town in which an inspector 

of inspector. g^all be appointed under section seventy-one of chapter 
sixty of the Pnlilic Statutes may provide compensation 
for such inspector from the time of such appointment, 
and in default of such provision shall be liable in an 
action at law for reasonable compensation for services 
performed under such appointment. 

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

Approved June 23, 1883. 

ChClI).25S ^^ "^^'^ PROVIDING FOR THE DISPOSITION OF UNCLAIMED MONEYS IN 
"' TUE HANDS OF RECEIVERS OF CERTAIN INSOLVENT CORPORATIONS. 

Be it enacted, etc., as foUoivs : 
Names, etc., of Section 1. At the cxpiratiou of one year after final 
have^lliV^''" settlement ordered by the court, receivers of insolvent in- 
div^d'e'^rfdl^fo'^ be suiauce companicsaud receivers of insolvent savings banks 
reported to the aiid iustitutious for Saving's shall report to the court the 

pnnrt ^ O X 

names and residences, when known, of the persons or par- 
ties entitled to any moneys or dividends from the estate of 
sucli corporations remaining in their hands uncalled for, 
with the amount due to each. The court shall thereupon 
order such notice to be given by the receivers as justice 
may require, and upon the expiration of one year from 
the time of fifivin<r such notice the receivers shall in like 
manner report the amonnts still uncalled for. Unless 
cause shall appear for decreeing otherwise, such amounts 
shall then be ordered to be paid into the treasury of the 
Commonwealth and schedules signed by the receivers 
shall at the same time be deposited with the treasurer, and 
auditor of the Commonwealth setting forth the decree of 
the court and the names and residences, so far as known, 
of the persons or parties entitled thereto arranged in 
alphabetical order and the amount due to each. The 
auelitor shall forthwith cause notice of such deposit to be 
mailed to such parties. 



court. 



1883. — Chapter 259. 



561 



Payments into 
the treasury. 



Section 2. The deposit of books and papers required Depositor 
from receivers of insolvent corporations under the pro- papers?" 
visions of section one of chapter seventy-seven of the acts 
of the year eigliteen hundred and eighty-two shall be 
made at the time when the payment into the treasury of 
the Commonwealth of such unclaimed moneys or divi- 
dends is required by law to be made and not before. 

Section 3. Section one hundred seventy-three of Repoaiofp. s, 
chapter one hundred nineteen, and section forty-four of iit5;§4l.' 
chapter one hundred sixteen of the Public Statutes are 
hereby repealed, but receivers of any insolvent savings 
bank or institution for savings in whose case final decree 
of distribution has been made at the passage of this act 
shall make payments into the treasury of the Common- 
wealth as required by the provisions of section forty-lour 
of chapter one hundred sixteen of the Public Statutes 
notwithstanding, and persons or parties entitled to receive 
any portion of such sums or of the sums already paid into 
the treasury under the provisions of said section, or the 
acts of which they are a continuation may within two 
years from the passage of this act and persons or parties 
entitled to receive any portion of the sums paid into the 
treasury under the provisions of the first section of this 
act may within two years from the time of such deposit 
and notice given make claim to the auditor of the Com- 
monwealth therefor. Upon establishing the validity of 
their claim, certification, warrant and payment shall fol- 
low as in case of other valid claims against the Common- 
wealth. 

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

Ajyproved Jane 23, 1883. 

An Act to incorporate the cape cod ship canal company. (77ift2?.259 
Be it enacted, etc., as follows : 

Section 1. William Seward, Jr., George S. Hall, corporators. 
Samuel Fessenden, Edwin Reed, AVilliam A. Clark, Jr., 
Joseph T. Hoile, Walter Lawton, William F. Drake, 
William Parker, their associates and successors, are 
hereby made a corporation by the name of the Cape Cod Name. 
Ship Canal Company, with all the privileges, and subject privileges and 
to all the liabilities set forth in all general laws which now '''^^''''''-**- 
are or may hereafter be in force relating to railroad corpo- 
rations, so far as they may be applicable, except as here- 
inafter provided. 



562 



1883. — Chapter 259. 



Maj' construct a 
ship canal from 
Buzzard's Bay 
to Barnstable 
Bay. 



Canal may be 
laid not exceed- 
ing one thou- 
sand feet wido. 



To be com- 
menced within 
four months and 
completed 
within four 
j'ears. 



May take land, 
etc , for making 
or securing 
canal. 



Payment of 
damages. 



Section 2. Said corporation may locate, construct, 
maintain and operate a ship canal, beginning at some 
convenient point in Buzzard's Bay, and running through 
the town of Sandwich to some convenient point in Barn- 
stable Bay ; may locate, construct and maintain all such 
wharves, docks and other structures and works as may be 
necessary for the convenient using of said canal ; together 
with the highways provided for by this act ; and in con- 
nection therewith may maintain and operate steam vessels 
for transportation, or steam tugs, or use any other means 
or methods for assisting vessels in their approach to and 
passage through and from the canal. 

Section 3. Said corporation may lay out its canal, 
not exceeding one thousand feet wide, and shall file the 
location thereof within four months from the passage of 
this act, with the county commissioners for the county of 
Barnstable, defining the courses, distances and boundaries 
thereof, in the manner provided for filing railroad loca- 
tions ; and said canal shall be commenced within four 
months, and shall be completed within four years fiom the 
passage of this act, and if at least twenty-five thousand 
dollars be not expended in the actual construction thereof 
within four months from the passage of this act, this cor- 
poration shall thereupon ceas.e to exist, except as provided 
in section forty-one of chapter one hundred and five of 
the Public Statutes. 

Section 4. Said corporation may purchase or other- 
wise take land and materials necessary for making or 
securing its canal, breakwaters, basins, docks, wharves, 
locks, gates, highways or other structures and works 
referred to in section two, in the manner in which land or 
materials are taken for the construction of railroads. If 
not able to obtain such land or materials by agreement 
with the owner, it shall pay such damages therefor as the 
county commissioners or a jury upon appeal may estimate 
and determine. 

Section 5. Said corporation shall pay all damages 
occasioned by laying out, and making and maintaining its 
canal, and by taking any land or materials, as provided in 
section four; and such damages shall, upon the applica- 
tion of either party, be estimated by the county commis- 
sioners in the manner provided in laying out, making and 
maintaining railroads ; and the residence of one of said 
commissioners in the town of Sandwich shall not dis- 



1883. — Chapter 259. 563 

qualify him from acting under the provisions of this act ; 
and when it is intended to take hind or materials, such appli- 
cation shall be made before the actual taking or appro- 
priation thereof. 

Section 6. Either party if dissatisfied with the esti- Party dissatis- 

iiji **^.. , ,. hed may apply 

mate made by the county commissioners may, at any tmie for a jury. 
within one year after it is completed and returned, apply 
for a jury to assess the damages. Upon such application, 
the prevailing party shall recover legal costs, and the pro- 
ceedings thereon shall be the same as is provided for the 
recovery of damages in laying out, making and maintain- 
ing railroads. 

Section 7. It shall be the duty of the Old Colony oidcoiony 
Railroad Company so to alter its location, after adequate pany°to alter* 
security satisfactory to the board of railroad commis- receh"i"g"^"''^ 
sioners is given to it by said canal company to protect it ^'a^n^ai'^oom^^ny 
against and to pay all damajjes caused by so doing, as to to protect u 

° .111, ° 1-1 • 1.1 against damage. 

cross the said canal but once, which crossing, and the 
location of the canal company at the crossing, shall be at 
a point to be fixed by the board of railroad commissioners 
in case the railroad company and canal company do not 
agree upon the same, which point of crossing said compa- 
nies are hereby authorized to fix. The board of railroad 
connnissioners, after due notice to all parties interested, 
and hearing of all who shall appear, shall also determine 
and prescribe in writing the time when and the manner in 
which the Old Colony Railroad Company shall alter its 
location so as to cross said canal at such point, and also 
the manner and the method in which the bridge for such 
crossing, and the draw in the same, together with the 
locks, if the board of railroad commissioners shall decide 
they are necessary, or other structures for the protection 
of, and the approaches to, said bridge shall be con- 
structed ; and in making such alteration said railroad cor- 
poration shall have all the powers and privileges, and be 
subject to all the duties, restrictions and liabilities set 
forth in all general laws relating to railroads, except that 
the damages of land owners shall be assessed against and 
paid i)y said canal company, as in case of land taken for 
railroad purposes. The Cape Cod bhip Canal Company canai Company 
shall thereupon proceed to build the railroad upon the Irpon'n'ew'E 
new location, and complete the same in such manner and {iolJ of the'com- 
at such time as may be prescribed by the railroad com- niissioners. 
missioners, and to their satisfaction, in case the parties do 



>64: 



1883. — Chapter 259. 



To build bridge 
across canal. 



Superintendent 
of briflge to be 
appointed. 



Location of 
railroad. 



Value of cer- 
tain materials to 
be paid to Canal 
Company by the 
railroad com- 
pany. 



not agree upon the same ; and shall pay all damages 
caused by the construction of said railroad on such new 
location, and shall be liable for such damages as in case 
of the construction of railroads. The Cape Cod Ship 
Canal Company shall also build and maintain and keep in 
repair to the satisfaction of the board of railroad commis- 
sioners, a bridge across said canal, suitably protected by 
locks or otherwise, to the satisfaction of the said board, 
suitable for the passing of the railroad, and also for the 
passing of the highway at the point fixed upon as above 
provided, which said bridge shall have a suitable draw for 
the passage of vessels ; and said railroad company shall 
appoint a steady and discreet superintendent, and all 
necessary assistants for such drawbridge, who shall be 
paid by said canal company a reasonable compensation, to 
be fixed by the railroad commissioners. Said superintend- 
ent shall be experienced in the management of vessels, 
and shall have full control and direction of the passing of 
vessels through the draw, and of trains over the bridge, 
and with said assistants shall be subject to such rules and 
regulations, not inconsistent with law, as said railroad and 
canal company shall from time to time prescribe for the 
operation of said bridge ; but such rules and regulations 
shall be subject to approval and alteration by the said 
board of railroad commissioners. And said superintend- 
ent and assistants shall be subject to removal by said 
board of railroad commissioners. 

Section 8. The Old Colony Railroad Company shall 
have its location, not exceeding five rods in wddth, upon 
any land owned or located upon by said canal company, 
up to the said bridge, on each side thereof: pj-ovided, that 
all reasonable use of said location by the said canal com- 
pany, for the purpose of operating its canal, and under 
the direction of the railroad commissioners, shall be per- 
mitted by the railroad company without payment of rent 
to the railroad company. 

Section 9. The Old Colony Railroad Company shall 
upon the completion and acceptance by the board of rail- 
road commissioners of the newly constructed railroad and 
bridge as above provided, allow and pay to the C;ipe Cod 
Ship Canal Company the value of such iron and other 
materials as may remain upon that portion of the line of 
said railroad which is to be given up; such value to be 



1883. — Chapter 259. 



565 



determined by the said board of railroad commissioners in 
case the parties do not agree npon the same. 

Section 10. Whoever unnecessarily opens or obstructs 
the draw without the consent of the superintendent, or 
without such consent makes fast or moors any scow, raft 
or other vessel to said bridge within wake of the draw, 
shall pay a fine of not less than three dollars nor more 
than fifty dollars. 

Section 11. AVhoever wilfull}' injures or damages 
said bridge, wharf or pier, or wilfully disturbs or hinders 
the superintendent in the discharge of his duties, shall 
forfeit for each oifence a sum not exceeding one hundred 
dollars, and be further liable in damages to the Cape Cod 
Ship Canal Company. 

Section 12. The provisions relating to draw-bridges 
contained in sections one hundred and forty-eight to one 
hundred and fifty-five inclusive, of chapter one hundred 
and twelve of the Public Statutes, shall extend to said 
bridge so far as applicable, except that a railroad train 
shall be allowed five minutes to cross said draw instead 
of fifteen minutes as provided in section one hundred and 
fifty of said chapter. And the same penalties and forfeit- 
ures provided in section one hundred and fifty-four of said 
chapter shall also be in force, and may be recovered of 
the Old Colony Eailroad Company, or any engineer, or 
any superintendent of said bridge, in like manner as 
therein provided for the violation of any of the provisions 
of sections one hundred and fifty-one and one hundred and 
fifty-three of said chapter. 

Section 13. The said canal company shall provide and 
maintain at North Sandwich and at West Sandwich, and 
at such points as may be designated by the county com- 
missioners, a suitable ferry across their canal for passen- 
gers and teams, to be operated free from tolls under rules 
to be established by the county commissioners. Said 
canal company shall forfeit fifty dollars for each day it 
shall fail to provide and maintain such ferry, to be re- 
covered upon complaint or indictment in the county of 
Bai'ustable, to the use of said county. 

Section 14. The said canal company shall also con- 
struct such highways to connect with the bridge and fer- 
ries provided for in sections seven and thirteen of this act, 
and such other highways as may be necessary to replace 
the highways destroyed by the construction of said canal, 



Penalty for ob- 
structing, etc., 
draw. 



Penalty for In- 
jury to bridge, 
etc. 



Liability for 
damages. 

Provisions of 
P. S. 112, §§148- 
155 to extend to 
bridge. 



Penalties and 
forfeitures. 



Ferries to be 
established 
under direction 
of the county 
commissioners. 



Highways to be 
constructed to 
co!inect with 
the bridge and 
ferries. 



566 



1883. — Chapter 259. 



Herring fishing 
at Monument 
River and Her- 
ring Pond. 



Toll to be es- 
tablished bj' the 
Canal Company. 



Penalty for 
evading pay- 
ment of toll. 



Penalty for ob- 
structing rny 
water craft 'n 
the canal. 



ill such manner and at such time as the county commis- 
sioners for the county of Barnstable shall prescribe, upon 
each side of said bridge and ferries. After the comple- 
tion of such highways, and their acceptance by the said 
county commissioners, the said canal company shall not 
be responsible in any manner for the further maintenance 
of the same, except upon the location of said canal com- 
pany. 

Section 15. The said canal company shall also make 
such suitable provision for the continuance of the 
herring fishery in Monument River and Herring Pond as 
the commissioners on inhind fisheries may prescribe ; and 
in case of injury to any fishery shall pay to the owner 
thereof such damages as shall upon the application of 
either party be estimated by said ccmmiissioners on inland 
fisheries, in a manner similar, so far as may be, to that 
provided in laying out highways, and with a similar right 
of appeal to a jury, by proceedings like those provided 
for in section six of this act. 

Section 16. The said canal company may establish 
for its sole benefit a toll upon all vessels or water craft, 
of whatever description, which may use its canal, at such 
rates as the directors thereof may determine ; and may 
from time to time regulate such use in all respects as the 
directors may determine. Said corporation shall also 
furnish towag:e through said canal for all vessels or water 
craft which require it; for which service it may estal)lish, 
for its sole benefit, a toll, at such rates as the directors 
thereof may deteimine. 

Section 17. Whoever fraudulently evades or attempts 
to evade the payment of any toll, lawfnll}' estaljlished 
under section sixteen of this act, either by misrepresent- 
ing the register or draught of any vessel, or otherwise, 
shall pay a fine of not less than fifty nor more than five 
hundred dollars. 

Section 18. Whoever wilfnlly and maliciously ob- 
structs the passing of any vessel or steam-tug, m- other 
water crai^, in said canal, or obstructs the approaches to 
said canal within two thousand feet of either extremity 
thereof, or in any way injures said canal, or its banks, 
breakwaters, docks, wharves, locks, gates, or other struet- 
vires or works, or anything appertaining thereto, or any 
materials or implements for the construction or use 
thereof, or aids or abets in such trespass, shall forfeit to 



1883. — Chapter 259. 



567 



the use of the corporation, for each offence, treble the 
amount of dam.'iges proved to have been sustained there- 
by, to be recovered in an action of tort in the name of 
tlie corporation ; and may further be punished by tine not 
exceeding one thousand dolhvrs, or imprisonment for a 
teim not exceeding one year. 

Section 19. The cnpital stock of said canal company 
shall be divided into shares of one hundred dollars each ; 
and the amount of capital stock 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 ex- 
ceeding live millions of dollars. Said canal company may 
locate ])ut shall not begin to construct said canal, or take 
any hind or property therefor, until it shall have deposited 
two hundred thousand dollars with the treasurer of the 
Commonwealth, as security for the faithful performance 
of the ol)ligations imposed by this act, and for the pay- 
ment of all damages occasioned by the laying oiit, con- 
struction and maintenance of said canal, or by taking any 
land or materials therefor, and also of all claims for 
lal)or performed or furnished in the construction of said 
canal, which sura shall remain with the treasurer until 
such time as said corporation shall have actually received 
into its treasury and expended the sum of one million 
dollars in the construction of said canal, and shall have 
produced proof satisfactory to the board of railroad com- 
missioners, that it has settled all damages, incurred or to 
be incurred in the location and construction of said canal. 
And said corporation shall, within four months from the 
passage of this act, pay to the Commonwealth and to the 
town of Sandwich, all sums of money expended by them, 
or either of them, in the support and removal from the 
Commonwealth of any persons who were engaged in the 
constiuction of said canal in the 3'ear eighteen hundred 
and eighty. If such deposit and payment shall not be 
made within four months from the passage of this act this 
corporation shall thereupon cease to exist except as pro- 
vided in section forty-one of chapter one hundred and 
five of the Public Statutes. The supreme judicial court 
shall have jurisdiction in equity to apply said deposit to 
the payment of any damages caused by the laying out, 
construction and maintenance of said canal, and for all 
claims against said company for labor performed or fur- 



Capital stock 
and shares. 



To deposit 
$2O0,0U0 in state 
treasury as se- 
curity for per- 
formance of 
obligations. 



To pay expense 
of removal, etc., 
of persons 
engaged in con- 
striicting canal 
in 1880. 



568 



1883. — Chapter 259. 



May issue bonds 
not to exceed in 
the whole, the 
capital stock 
actually paid in. 



Bonds to be ap- 
proved by per- 
son appointed 
by the corpora- 
tion. 

Certificate of 
railroad cora- 
missioneis to be 
printed in each 
bond. 



Mortgages to 
be recorded in 
registry of deeds 
for county of 
Barnstable. 



nished, and for laud or materials taken or used in the 
construction of said canal. 

Section 20. Said canal company, by vote of a major- 
ity of its stockholders, at a meeting called for the pur- 
pose, may issue coupon or registered bonds, to provide 
means for funding its floating debt or for the payment of 
money borrowed for any lawful purpose, and may mort- 
gage or pledge as security for the payment of such bonds 
a part or ail of its real and personal property, or fran- 
chise. Such bonds may be issued in sums of not less 
than one hundred dollars each, payable at periods not ex- 
ceeding twenty years from the date thereof, and bearing 
interest not exceeding seven per cent, a year, payable 
annually or semi-annually, to an amount which, including 
that of the bonds previously issued, does not exceed in 
all the capital stock of the corporation actually paid in at 
the time ; and such bonds shall be recorded by the treas- 
urer of said corporation in books to be kept in his otiice. 
No bond shall be issued unless approved by some person 
appointed by the corporation for that purpose, who shall 
certify under oath that the bond is properly issued and 
recorded : 2)rovided, however, that no bond shall be issued 
until the board of railroad commissioners has issued a 
certificate, a copy of which shall be printed in each bond, 
that the total amount of bonds issued by said canal com- 
pany including the amount of bonds previously issued and 
certified to by the board of railroad commissioners, does 
not exceed the amount of capital stock actually subscribed 
and paid in, and that the total amount of money received 
from the subscription to the capital stock of said canal 
company to an amount equal to the amount of bonds cer- 
tified by said railroad commissioners has all been paid out 
in the lawful expenditures of the corporation. In case 
any such mortgage is executed to trustees, then all bonds 
secured thereby shall also bear the certificate of one or 
more of the trustees, that the same are so secured, and 
that the morto;ao;e has been delivered to the trustees and 
duly recorded. Every such mortgage shall be recorded 
in the registry of deeds for the county of Barnstable. 
This section shall be subject to the provisions of sections 
sixty-two to seventy, inclusive, of chapter one hundred 
and twelve of the Public Statutes, so far as the same may 
be applicable. 



1883. — Chapters 260. 



569 



Section 21. Said corporation shall pay to the secre- To pay to sec. 
tary of the Commonwealth, on receiving tiie certificate of of tiuy 'dollars! 
corporation, the snm of fifty dollars; and shall also pay 
to the treasurer of the Commonwealth such sum of money 
as shall be necessary to pay for the services and expenses 
of the board of railroad commissioners for performing the 
duties imposed on them under the provisions of this act. 

Section 22. The construction of the approaches to canai under 
said canal from the present line of high water upon the i" rbol'^aMd land 
shores seaward at either end thereof, shall be subject to commisdon- 
the provisions of chapter nineteen of the Public Statutes, 
and said canal, when completed, shall be under the juris- 
diction of the harbor and land commissioners. 

Section 23. This act shall take effect upon its passage. 

Approved June 26, 1883. 



An Act to provide for the removal of wrecks and other C7lCip.2(jO 

OBSTRUCTIONS FROM TIDE WATERS. 

Be it enacted, etc., as follows: 

Section 1. Whenever a Avrecked, sunken or aban- wrecks, etc., 

to be removed 



doned vessel, or any unlawful or unauthorized structure [y boa 
or thing, is deposited or suffered to be or remain in the 
tide waters of this Commonwealth, and in the judgment 
of the board of harbor and land commissioners is, or is 
liable to cause or become, an obstruction to the safe and 
convenient use of such waters for navigation and other 
lawful purposes, it shall be the duty of said board, and 
said board shall have power, to remove such obstruction, 
or to cause the same to be removed, in accordance with 
the provisions of this act. 

Section 2. If any person resident or being in the 
United States is known to said board as the owner of such 
vessel, or of any interest therein, or as having or exer- 
cising any control over the same as master, agent, insurer, 
or otherwise, or, in the case of any other unlawful or un- 
authorized obstruction, as having alone or with others 
built, deposited or caused the same, or as owning, main- 
taining or using the same in whole or in part, said board 
shall give notice in writing to such owner or other person 
to remove such vessel or other obstruction at or within a 
time specified in the notice. It shall be deemed a suffi- 
cient notice to all such owners and other persons, if served 
upon any one or more of them by said board, or by its 
order, by delivering the same in hand, or by leaving it at 



harbor and land 

coramission- 

era. 



Notice to be 
given to owner 
of vessel. 



570 



1883. — Chapter 260. 



If obstruction is 
IK it removed 
•within the time 
specified in the 
notice, board 
may remove, 
etc. 



Liability for 
cost and ex- 
penses of re- 
movals. 



If expenses are 
not paid within 
ten days, vessel 
may be sold. 



the usual plnce of business, residence or abode, or by 
duly mailing it to the post-office address, of the owner or 
other person on whom such notice is to be served. 

Section 3. If such vessel or other obstruction is not 
removed at or within the time specified in such notice, 
and in a manner and to a place satisfactory to said board, 
or if no such owner or other person is known to said 
board upon whom such notice can be served, said board 
may proceed to remove such vessel or other obstruction, 
or to complete the removal thereof, or to cause the same 
to be done in such manner and to such place as said board 
shall deem best ; and the necessary cost and expenses ot 
such removal, if not paid by some owner or other person 
liable therefor, shall, when certified by said board and ap- 
proved by the governor and council, be paid out of the 
treasury of the Commonwealth. 

Section 4. The owner of any vessel or of an interest 
in any vessel wilfully or maliciously wrecked, sunken or 
abandoned as aforesaid and removed as hereinbefore pro- 
vided, whether owning at the time such vessel first be- 
came an obsti'uction, or at any subsequent time before 
such removal is completed, and all persons having or 
exercising any control over such vessel or any part 
thereof, and, in the case of any other obstruction so re- 
moved, the person or persons originally building, deposit- 
ing or causing the same, or at the time of such removal, 
or at any time prior thereto, owning, maintaining or using 
the same in whole or in part, shall be liable to pay the 
cost and expenses of such removal, or to repay the same 
when paid out of the treasury as aforesaid ; and the same 
may be recovered in an action of contract brought by 
said board in the name of the Commonwealth against 
such owners or other persons, or against any one or more 
of them. The attorney-general and the district attorneys 
Avithin their respective districts shall commence and con- 
duct such suits. All moneys so repaid or recovered shall 
be paid into the treasury of the Commonwealth. Any 
person who pays, on a judgment or otherwise, more than 
his proportional part of the costs and expenses aforesaid, 
shall have a claim for contribution against all other parties 
liable therefor according to their respective interests. 

Section 5. If the cost and expenses of removing a 
vessel or other obstruction as aforesaid are not paid or 
repaid by some owner or other person liable therefor 



1883. — Chapter 260. 



571 



•within ten days after such removal is completed, said 
board of harbor and land commissioners may sell such 
vessel or other obstruction, or the materials and appur- 
tenances thereof, at public or private sale, and the net 
proceeds of such sale shall be paid into the treasury of the 
Commonwealth and deducted from the amount to be re- 
paid or recovered as provided in the preceding section. 

Section 6. No insurer of a vessel, who has paid the 
loss thereon, shall, by reason of such insurance, be held 
liable to remove such vessel, or to pay the cost and ex- 
penses of such removal, under the provisions of this act, 
unless such insurer has exercised some act of ownership 
or control over such vessel or some part or appurtenance 
thereof, or received the proceeds of the sale thereof. 

Section 7. A commissioner of wrecks and ship- 
wrecked goods shall not be liable to the provisions of this 
act, by reason of anything done by him in the discharge 
of his office as such commissioner; but he shall, upon 
notice and request by said board of harbor and land com- 
missioners, retain and apply so much of the property in 
his possession appertaining to a wrecked vessel, or of the 
proceeds thereof, as may be necessary to provide for the 
removal of such vessel so that the same shall not be an 
obstruction in tide waters. 

Section 8. It shall be the duty of commissioners of 
wrecks and shipwrecked goods, and of harbor masters, to 
give immediate notice to the board of harbor and land 
commissioners of all shipwrecks occurring in the tide 
waters of their respective counties and harbors and of any 
obstructions existing therein. 

Section 9. There shall be allowed and paid out of the 
treasury annually a sum not exceeding five thousand dol- 
lars, to be expended as may be necessary in carrying out 
the provisions of this act. 

Section 10. It shall be the duty of said board of 
harbor and land commissioners to make application in be- 
half of the Commonwealth for the re-imbursement of any 
sums expended under this act, which, in the opinion of 
said board, might properly be paid by the United States. 

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

Approved June 28, 1883. 



Instiror not 
liiible unless 
some act of 
ownership has 
been exercised 



Commissioner 
of wrecks not 
liable for any- 
thing done ill 
di.-fcharije of his 
office. 



To give notice 
of obstructions. 



Allowance for 
expenses. 



United States to 
be applied to 
for re-imburse 
ment. 



572 1883. — Chaptees 261, 262, 263. 

C/iQ!p.261 An Act to authorize the town of natick to supply the town 

OF WELLESLEY WITH WATEU. 

Be it enacted, etc., as follows : 
Natick may Bup. SECTION 1. The towii of Natick is authorized to furnish 
with water!'^ from its Water supply, to the town of VVellesley, a supply 
of water for the use of said town of AVellesley and its 
inhabitants for the extinguishment of fires and for domes- 
tic purposes, and may contract with said town of Welles- 
ley for such supply of water on such terms as may be 
agreed upon between said towns. 
Not to take SECTION 2. The town of Natick shall not exercise its 

Long'^Po^n'd, etc. i"'glit to take watcr from Long Pond, as provided in 
chapter one hundred and sixty-seven of the acts of the 
year eighteen hundred and forty-six, while it is supplying 
the inhabitants of the town of Wellesley with water under 
the authority of this act. 

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

Approved Jane 28, 1883. 



Chap. 



262 An Act giving to a wife the right of interment in a burial 

LOT or tomb owned BY HER HUSBAND. 

Be it enacted, etc., asfolloivs: 
Wife entitled to SectionI. A wifc shall bc entitled to a right of in- 
buri'aTiotof temieiit for her own body in any burial lot or tomb of 
husband. which her husband was seized at any time during cover- 

ture, and such right shall be exempt from the laws of 
conveyance, descent, and devise : provided, such right 
may be released by her in the manner in which she may 
release her dower. 

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

Approved June 28, 1883. 

C/itt/?.263 An Act to amend an act relating to the adulteration of 

FOOD AND DRUGS. 

Be it enacted, etc., as follows: 
Enforcement of Section 1. Scction fivc of chapter two hundred and 
i^'d'^itera'tion' of sixty-thrcc of the acts of the year eighteen hundred and 
milk. eighty-two is hereby amended by striking out the word 

"three" in the thirteenth line, and inserting the word 
"five" in place thereof: jirovided, hoicever, that two- 
fifths of said amount shall be annually expended for the 
enforcement of the laws against the adulteration of milk. 
Numberof SECTION 2. The boai'd of health, lunacy and charity 

prosecutions to ,1, t, ji i • i j i in 

be reported to shall report annually to the legislature the number ot 

the legislature. i. ./ o 



1883. — Chapters 264, 265, 266. 573 

prosecutions made under said chapter, and an itemized 
account of all money expended in carrying out the pro- 
visions thereof. 

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

Approved June 28, 1883. 

An Act relative to the payment by the treasurer of the OhttJ).'2.64: 

COMMONWEALTH OF FUNDS RECEIVED FROM PUBLIC ADMINIS- 
TRATORS. 

Be it enacted, etc., as folloivs : 

Section 1. Section eighteen of chapter one hundred Payment by the 
and thirty-one of the Public Statutes is hereby amended funds received 
by adding the following words : — Such claims may be mh^sfratoMr ' 
presented to the auditor of the Commonwealth at any 
time previous to July tirst, eighteen hundred and eighty- 
four, and thereafter within one year from the date of such 
payment to the treasurer. The auditor shall examine such 
claims and alloAvsuch as maybe proved to his satisfaction, 
and forthwith, upon the expiration of said term of one year, 
shall certify the same to the governor and council for 
payment of the whole of the claims, or such proportional 
part thereof as the funds deposited will allow. 

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

Approved June 28, 1883. 

An Act to authorize the lowell young men's christian Ch(ip.265 

ASSOCIATION to hold ADDITIONAL REAL AND PERSONAL ESTATE. 

Be it enacted, etc., as folloivs: 

Section 1. The Lowell Young Men's Christian Asso- Mayhoidaddi- 
ciation, a corporation organized under chapter fourteen peMona^estate. 
of the acts of the year eighteen hundred and sixtj^-eight, 
is hereby authorized to hold real and personal estate for 
the purposes for which said corporation was organized, to 
an amount not exceedino: two hundred thousand dollars. 

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

Ajyproved June 28, 1883. 

An Act to abate a nuisance at the state normal school Chcip.26Q 
4T bridgewater. 

Beit enacted, etc., as follows: 

Section 1. Albert G. Boyden, Theodore F. Wright, commission to 

Joshua E. Crane and Francis A. Walker, in the Com- lewerngeff°^ 

mon wealth of Massachusetts, are hereby appointed a normal school 

I , • 1 "* I>ii<3gewater. 

commission to take charge oi the sewerage ot the state 
normal school at Bridgewater, to devise and carry out 



574 



1883. — Chapter 267. 



To keep record 
of their doings, 
and render ac- 
count of moneys 
expended. 



Vacancy. 



To secure best 
results at ex- 
pense not ex- 
ceeding five 
hundred dol- 
lars. 



Damages. 



To perform du- 
ties and report 
to legislature 
■within three 
years. 



Cha]}. 



Superintendent, 
to have oliarge 
of property, 
purchase sup- 
plies, etc. 



some method for purifying and preventing the sewage 
from becoming a nuisance or polhiting the streams of this 
Commonwealth, and to perform such other duties as may 
be necessary to carry out the provisions of this act. 

Section 2. The commissioners may act by a majority 
of their members, shall keep a record of all their doings 
under this act, and shall render to the governor and 
council for their approval a true and accurate account of 
all moneys expended. For their personal services the 
commissioners shall receive such compensation as the 
governor and council may determine. If by death or 
other cause there shall be a vacancy in the board of com- 
missioners such vacancy shall be tilled by appointment of 
the governor and council. 

Section 3. The commissioners shall proceed as expe- 
ditiously as possible, and may procure such professional 
advice, plans or specifications as they may deem neces- 
sary to secure the best results at an expense not exceed- 
ing five hundred dollars. The commissioners may take 
by purchase or otherwise such lands, waters or easements 
as may be necessary in their judgment to accomplish the 
purposes of this act, and shall award and pay to any and 
all persons a just and proper compensation for any lands, 
rights or property taken. Any person aggrieved by the 
awards of the commissioners as to the amount of damages 
sustained may have the damages assessed and determined 
in the manner provided by law when land is taken for the 
laj'ing out of highways. 

Section 4. The commissioners shall perform all their 
duties and make a final report of the same to the legisla- 
ture within three years from the passage of this act. The 
commissioners may draw from the treasury of the Com- 
monwealth such sums of money from time to time as may 
be necessary to carry on this work, not exceeding in all 
five thousand five hundred dollars. 

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

Appj'oved June 29, 1883. 

267 An Act abolishing the office of treasurer and steward of 

THE reformatory PRISON FOR WOMEN. 

Be it enacted, etc., as follows: 

Section 1. The superintendent of the reformatory 
prison for women shall in addition to his duties as now 
prescribed by law receive and disburse all moneys paid 



1883. — Chapter 267. 



575 



from the treasury of the Commonwealth for the support 
of said prison ; shall purchase all supplies and other 
articles needed for carrying on and managing the prison ; 
shall have charge and custody of all property connected 
with or 1)elonging to the same ; and shall cause to be kept 
in suitable books, regular and complete accounts of all 
the property, expenses, income and business of the prison. 
He shall give bond to the Commonwealth for the faithful 
discharge of his duties in the sum often thousand dollars 
with sureties to be approved by the governor and council, 
and no other bond shall be required of him. 

Section 2. Said superintendent may employ at such 
salary as the governor and council shall approve, but not 
exceeding one thousand dollars per year, a steward, who 
shall, as the agent of the superintendent, purchase for the 
prison such articles as he shall direct, and perform such 
other duties as the superintendent shall require. The 
appointment of said steward shall be subject to the ap- 
proval of the governor and council, but he may be re- 
moved by the superintendent, at any time, without their 
consent. 

Section 3. When the superintendent is absent from 
the prison, or unable to perform the duties of his office, 
the deputy-superintendent shall have the powers, perform 
the duties, and be subject to the obligations and liabilities 
of the superintendent. 

Section 4. If the oiEce of superintendent becomes 
vacant, the commissioners of prisons may require the 
deputy-superintendent to assume the duties of superin- 
tendent, and to give a bond to the Commonwealth, in the 
sum of ten thousand dollars, with sufficient sureties, to be 
approved by them, conditioned for the faithful perform- 
ance of the duties incumbent on her as deputy-superintend- 
ent until a superintendent is appointed, and that she will 
faithfully account for all money which shall come into her 
hands in such case ; and from the time said l)ond is approved, 
the deputy-superintendent shall, so long as she performs 
the duties of superintendent, receive the salary of that 
officer, in lieu of her salary as deputy-superintendent. If 
the deputy-superintendent does not give such bond when 
required, the commissioners of prisons may remove her 
from office, and appoint a superintendent j^ro tempore, who 
shall give such bond, and shall have the power and author- 
ity, perform the duties, and receive the salary of the 



To give bond. 



May employ a 
slewaid with 
approval of the 
governor and 
council. 



Deputy to per- 
form duties iu 
absence of su- 
perinteudent. 



Vacancy in 
office of super- 
intendent. 



Deputy to give 
bonds. 



Salary. 



Superintendent 
pro tempore. 



576 



1883. — Chapters 268, 269. 



Office of treas- 
urer and stew- 
ard abolished. 



superintendent, until a superintendent is duly appointed 
and enters upon the discharge of the duties of the office. 
Section 5. The office of treasurer and steward of the 
reformatory prison for women is abolished ; and all the 
provisions of sections fifty-four to fifty-eight inclusive of 
chapter two hundred and twenty-one of the Public Stat- 
utes applicable to the said treasurer and steward shall 
hereafter apply to the superintendent. Section sixty of 
said chapter is amended by striking out in the eighth, 
ninth and tenth lines thereof the words "in the case of 
the reformatory prison shall be certified by the treasurer 
and stew^ard and approved by the superintendent," and 
inserting in place thereof the words "the superintendent 
as the case may be." 
Repeal. Section 6. So much of chapter two hundred and 

twenty-one of the Public Statutes as is inconsistent here- 
with is hereby repealed. Approved June 29, 1883. 

Chcip.2.(DS An Act to prohibit certain medical societies from confer- 
ring DEGREES. 

Be it enacted, etc., as follows : 

Section 1. No corporation organized for medical pur- 
poses under the provisions of chapter one hundred and 
fifteen of the Public Statutes shall confer degrees, or 
issue diplomas or certificates conferring or purporting to 
confer degrees, unless specially authorized by the legisla- 
ture so to do. 

Section 2. An officer, agent or servant of any corpo- 
ration mentioned in section one, or any other person con- 
ferring degrees, or signing, issuing or authorizing the 
signing or issuing of any diploma or certificate purporting 
to confer any degree of medicine or surgery, contrary to 
the provisions of this act, shall be punished by fine of not 
less than five hundred dollars, nor more than one thousand 
dollars. Approved June 30, 1883. 

.269 An Act to incorporate the broadway congregational 

CHURCH in SOMEKVILLE. 



Medical socie- 
ties not to con- 
fer degrees un- 
less specially 
authorized. 



Penalty. 



Chap 



Be it enacted, etc. , as folloios : 
Corporators. Section 1. Leuiucl Gullivcr, Edward Foote, William 

P. Hill, AVilliam H. Hodgkins, and all other members of 
the Broadway Congregational Church in Somerville, and 
their successors as members of said church, are hereby 
made a corporation, with all the powers and privileges, 



188: 



Chapter 270. 



577 



Name. 



Real and per- 
Boual estate. 



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 religious societies. 

Section 2. Said corporation shall be called the " Broad- 
way Congregational Church." 

Seotiox 3. Said corporation may hold real and per- 
sonal estate, to an amount not exceeding fifty thousand 
dollars, for parochial and religious purposes. 

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

Ajjproved June 30, 1883. 

An Act in further addition to an act making appropria- iyhcij)"^'^ 

TIONS FOR EXPENSES AUTHORIZED THE PRESENT YEAR, AND FOR 
OTHER PURPOSES. 

Be it enacted, etc., as folloics : 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Common- 
wealth, from the ordinary revenue, for the purposes speci- 
fied in certain acts and resolves of the present year, and 
for other purposes, to wit : — 

For printing additional copies of the thirtieth annual 
report of the secretary of the board of agriculture, a sum 
not exceeding seventeen hundred dollars, as authorized 
by chapter forty-nine of the resolves of the present year. 

For perfecting a system of drainage at the Framingham 
normal school, a sum not exceeding two thousand dollars, 
as authorized by chapter fifty of the resolves of the pres- 
ent year. 

For printing one hundred copies of volume two of the 
provincial laws, two hundred and fifty dollars, as author- 
ized by chapter fifty-one of the resolves of the present 
year. 

For the trustees of the state lunatic hospital at Dan- 
vers, ten thousand dollars, as authorized by chapter fifty- 
two of the resolves of the present year. 

For the salary of the judge of probate and insolvency 
for the county of Essex, five hundred dollars, in addition 
to the amount heretofore appropriated, as authorized by 
chapter two hundred and forty-four of the acts of the 
present year. 

For the compensation and mileage of senators, one hun- 
dred and fifty dollars, in accordance Avith an order of the 
senate adopted June twentieth, eighteen hundred and 
eighty-three. 



Appropriations. 



Agricultural re- 
port. 



Normal school 
at Framingham. 



Provincial laws. 



Lunatic hos- 
pital, Danvers. 



Judge of pro- 
bate, Essex. 



Senators. 



578 



1883. — Chapter 270. 



Moneys in 
hands of rc- 
ceiveis of cer- 
tain insolvent 
corporations. 



Funds received 
from public ad- 
ministrators. 



Entertainment 
of guests. 



John M. Galvin. 



Obstructions in 
tide-waters. 



Normal school, 
Bridgewater. 



State house. 



Way estate. 



Expenses of 
committees. 



To provide for the payment of unclaimed moneys in the 
hands of the receivers of certain insolvent corporations, 
after the same has l)een deposited in the state treasury, the 
sum of fourteen thousand dollars, and for expenses in 
connection therewith, a sum not exceeding eight hundred 
dollars, in accordance with chapter two hundred and fifty- 
eight of the acts of the present year. 

To carry out tiie provisions of the act relative to the 
payment, by the treasurer of the Commonwealth, of fluids 
received from public administrators, the sum of four 
thousand dolUirs. 

To provide for the reception and entertainment of dis- 
tinguished guests, six thousand dollars, in accordance with 
chapter fifty-four of the resolves of the present year. 

For John M. Galvin, for work done on the Hoosac 
Tunnel, four thousand eight hundred and thirty-six doHars 
and fifty-one cents, in accordance with chapter fifty-three 
of the resolves of the present year. 

To provide for the removal of wrecks and other obstruc- 
tions from tide-waters, a sum not exceeding five thousand 
dollars, in accordance with an act passed the present 
year. 

For expenses in connection with abating a nuisance at 
the state normal school at Bridgewater, a sum not exceed- 
ing five thousand five hundred dollars, in accordance with 
an act passed the present j^ear. 

For repairs, improvements and furniture at the state 
house, nine thousand five hundred and fifty dollars, in 
accordance with a resolve passed the present year. 

For the payment of any expenses incurred in the taking 
of the Way estate, so called, as authorized by chapter 
two hundred and sixty-two of the acts of the year eighteen 
hundred and eighty-two, a sum not exceeding one hundred 
and thirty thousand dollars; and for fitting up the build- 
ing for use, and the removal of any department of the 
Commonwealth thereto, a sum not exceeding twenty 
thousand dollars. 

For expenses of legislative committees of the present 
year, a sum not exceeding fifteen thousand dollars, in 
addition to the amount heretofore appropriated, which 
may be held applicable to pay for compensation and 
expenses of any committees authorized to sit during the 
recess. 



1883. — Chapter 271. 



579 



Contract be- 
tween Common- 
wealth and 



For the compensation of the doorkeepers, messenpjers Door.iseepers, 

T /.,. ,1'ij i !• mesaengers, etc 

and pages of the present legislature, a sum not exceednig 
five thousand dollars, in addition to the amount heretofore 
appropriated. 

For conchiding any contract between the Common- 
wealth and the corporation established as the Troy and 
Greenfield Railroad Company, as authorized by chapter o'eenTew 
forty-eight of the resolves of the present year, any sum p^^n'7''*^ °*"" 
remaining in the treasury and not otherwise appropriated 
may be used nuder the direction of the governor and 
council. 

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

Approved Jane 30, 1883. 



An Act in addition to "An Act making appbopmations for O/dttJ?.^*! 

EXPENSES authorized TUE PRESENT YEAR, AND FOR OTHER 
PURPOSES." 



Be it enacted, etc., as folloivs: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Common- 
wealth, from the ordinary revenue, for the purposes speci- 
fied in certain acts and resolves of the present year, and 
for other purposes : — 

For painting and other repairs on the buildings of the 
state almshouse at Tewksbury, a sum not exceeding 
thirty-five hundred dollars, as authorized by chapter 
thirty-seven of the resolves of the present year. 

For providing for the better protection of the reforma- 
tory prison for women against fire, a sum not exceeding 
ten thousand dollars, as authorized by chapter thirty-nine 
of the resolves of the present year. 

For the Gettysburg battlefield memorial association, 
five thousand dollars, as authorized by chapter forty-two 
of t'le acts of the present year. 

For the construction of six double tenement houses, 
coal sheds, and for repairs at the state prison at Concord, 
a sum not exceeding twenty-eight thousand dollars, as 
authorized by chapter forty-three of the resolves of the 
present year. 

For the town of North Brookfield, three hundred and 
fourteen dollars and sixty-five cents, as authorized by 
chapter forty-four of the resolves of the present year. 

For the Massachusetts agricultural college, for the pur- 
pose of providing eighty free scholarships, ten thousand 



Appropriations. 



State alms- 
house. 



Reformatory 
prison for 
women. 



Gettysburg 
memorial asso 
ciation. 



State prison. 



North Brook- 
field. 



Agricultural 
college. 



580 



1883. — Chapter 271. 



Treasurer's 

clerk. 



Secretary of 
board of agricul- 
ture. 



Sewage of state 
prison. 



Arsenal at 
Cambridge. 



"Blue book" 
printing and 
binding. 



Legislative 
printing and 
binding. 



Bounty for 
sugar beets, etc. 



State house. 



Prison and hos- 
pital loan sluic- 
ing fund. 



dollars, as authorized by chapter forty-six of the resolves 
of the present year. 

For the salary of a fund clerk in the office of the 
treasurer and receiver-general, eight hundred dollars, as 
authorized by chapter one hundred and sixty-four of the 
acts of the present year. 

For the salary of the secretary of the board of agricul- 
ture, three hundred and thirteen dolhirs and seventeen 
cents, as authorized by chapter one hundred and eighty- 
four of the acts of the present year, in addition to the 
amount heretofore appropriated. 

For the disposal of the sewage of the state prison at 
Concord, a sum not exceeding live thousand dollars, as 
authorized by chapter one hundred and sixty-seven of the 
acts of the present year. 

For expenses in connection with proposed sale of the 
state arsenal at Cambridge, two hundred and ten dollars 
and six cents. 

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

For printing and binding ordered by the senate and 
house of representatives, or by concurrent order of the 
two branches, a sum not exceeding five thousand dollars, 
in addition to the amount heretofore appropriated. 

For granting a bounty for the production of sugar beets 
or sorghum cane for the purpose of manufacturing sugar, 
a sum not exceeding ten thousand dollars, as authorized 
by chapter one hundred and eighty-nine of the acts of the 
present year. 

For repairs, improvements and furniture at the state 
house, a sum not exceeding fifteen hundred dollars, in 
addition to the amount heretofore appropriated. 

To make good the deficit of the income of the prison and 
hospital loan sinking fund, in accordance with the provi- 
sions of section three of chapter three hundred and ninety- 
one of the acts of the year eighteen hundred and seventy- 
four, the sum of one hundred thousand dollars. 

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

\_The foregoing was laid before the Governor on the twenty- 
sixth clay of June, 1883, and after Jive days it had the '•'•force 
of a law" as prescribed by the Constitution, as it was not returned 
hy him with his objections within that time.'\ 



1883. — Chapter 272. 



581 



An Act to apportion and assess a state tax of one million \jh(X'p.2ii Z 

FIVE HUNDRED THOUSAND DOLLARS. 

£e it enacted, etc., as follows: 

Section 1. Each city and town iu this Commonwealth state tax of 

-I 1 •iUl'l $1,500,000. 

shall be assessed, and pay the several sums witn which 
they stand respectively charged in the following schedule, 
that is to say : — 



Barnstable, 
Brewster, . 
Chatham, . 
Dennis, 
Eastham, . 
Falmouth, . 
Harwich, . 
Mashpee, . 
Orleans, . 
Provlncetown, 
Sandwich, . 
Truro, 
Wellfleet, . 
Yarmouth, 



BARNSTABLE COUNTY. 



Twenty-seven hundred and seventy 
five dollars, .... 

Nine hundred and seventy-five dol 
lars 

Six hundred and seventy-five dol 
lars, 

Twelve hundred and fifteen dollars 

Two hundred and ten dollars, 

Three thousand and sixty dollars, 

Nine hundred and fifteen dollars. 

Ninety dollars, 

Five hundred and ten dollars, 

Seventeen hundred and twenty-five 

dollai's, .... 

Fifteen hundred and ninety dollars 

Two hundred and forty dollars. 

Eight hundred and ten dollars. 

Thirteen hundred and thirty-five 
dollars, 



BERKSHIRE COUNTY. 



Barnstable 
County. 



$2,775 00 

975 00 

675 00 
1,215 00 

210 00 

3,060 00 

915 GO 

90 00 

510 00 

1,725 00 
1,590 00 

240 00 

810 00 

1,335 00 



,125 00 



Adams, 


Twenty-six hundred and seventy 






dollars, 


$2,670 00 


Alford, , 


Two hundred and twenty-five dol- 






lars, 


225 00 


Becket, 


Three hundred and forty-five dol- 






lars, 


345 00 


Cheshire, . 


Six hundred and seventy-five dol- 






lars, 


675 00 


Clarksburg, 


One hundred and eighty dollars, . 


180 00 



Berkshire 
County. 



582 



Berkshire 
County. 



1883. — Chapter 272. 

BERKSHIRE COUNTY — Concluded. 



Dalton, . 

Egremont, 

Florida, . 

Great Barrington, 

Hancock, 

Hinsdale, 

Lanesborough, 

Lee, 

Lenox, . 

Monterey, 

Mount Washington 

New Ashford, 

New Marlborough 

North Adams, 

Otis, 

Peru, 

Pittsfield, 

Richmond, 

Sandisfield, 

Savoy, . 

Sheffield, 

Stockbridge, 

Tyringhara, 

Washington, 

West Stockbridge 

Williamstown, 

Windsor, 



Thirteen hundred and sixty-five 
dolhirs, 

Three hundred and seventy-five 
dollars, 

One hundred and thirty-five dol- 
lars, 

Twenty-four hundred and thirty 
dollars, 

Three hundred and sixty dollars, 

Six hundred and seventy-five 

dollars, .... 
Five hundred and ten dollars. 

Seventeen hundred and twenty 

five dollars, 
Twelve hundred and fifteen dol 

lars, .... 

Two hundred and twenty-five 

dollars, .... 
Sixty dollars, 

Seventy-five dollars, . 

Six hundred dollars, . 

Forty-two hundred and thirty 

dollars, .... 
Two hundred and ten dollars. 

One hundred and twenty dollars. 

Seventy-three hundred and five 

dollars, 

Four hundred and five dollars, . 

Three hundred and forty-five dol- 

lai-s, 

One hundred and eighty dollars. 

Eight hundred and seventy dol- 
lars, 

Twentj'-two hundred and ninety- 
five dollars, .... 

Two hundred and ten dollars, . 

One hundred and eighty dollars. 

Six hundred and seventy-five dol- 
lars, 

Fourteen hundred and ten dol- 
lars, 

One hundred and ninety-five dol- 
lars, 



M,365 00 

;575 00 

135 00 

2,430 00 
360 00 



675 00 
510 00 



1,725 00 

1,215 00 

225 00 
60 00 

75 00 

600 00 



4,230 00 
210 00 

120 00 



7,305 00 
405 00 



345 00 
180 00 



870 00 

2,295 00 
210 00 

180 00 



675 00 

1,410 00 

195 00 

32,475 00 



Acushuet, . 
Attleborough, 
Berkley, . 
Dai'tmonth, 
Dighton, , 
Easton, 
Fairhaven, 
Fall River, 
Freetown, . 
Mansfield, . 
New Bedford, 
Norton, 
Ra3'nham, . 
Rehoboth, . 
Seekonk, . 
Somerset, . 
Swanzey, . 
Taunton, . 
Westport, . 



1883. — Chapter 272. 
bristol county. 



Five hundred and seventy dollars, . 

Forty-six hundred and sixty-five 

dollars, .... 

Three hundred and ninety dollars 

Nineteen hundred and five dollars 

Six hundred and ninety dollars. 

Thirty-three hundred and ninety 
dollars, .... 

Thirteen hundred and ninet3"-five 
dollars, .... 

Thirty-six thousand and thirty dol- 
lars, 

Seven hundred and fifty dollars, 

Ten hundred and thirty-five dollars 

Twenty-five thousand seven hun- 
dred and seventy dollars, . 

Seven hundred and thirty-five dol- 
lars, 

Eight hundred and seventy dollars 

Six hundred and sixty dollars, 

Six hundred dollars, 

Ten hundred and thirty-five dollars 

Six hundred and ninety dollars, 

Fourteen thousand two hundred 

and thirty-five dollars. 
Twelve hundred and fifteen dollars 



DUKES COUNTY. 



583 

Bristol County. 



$570 00 



4,665 
390 


00 
00 


1,905 


00 


690 


00 


3,390 


00 


1,395 00 


36,030 
750 


00 

00 



1,035 00 

25,770 00 

735 00 
870 00 

660 00 

600 00 

1,035 00 

690 00 



14,235 00 
1,215 00 



$96,630 00 



Dukes County. 



Chilmark, . 


Two hundred and twenty-five dol- 






lars, 


$225 00 


Cottage City, . 


Nine hundred and seventy-five dol- 






lars, 


975 00 


Edgartown, 


Seven hundred and thirty-five dol- 






lar?, 


735 00 


Gay Head, 


Fifteen dollars, .... 


15 00 


Gosnold, . 


One hundred and sixty-five dollars. 


165 00 


Tisbury, , 


Six hundred and fifteen dollars. 


615 00 




$2,730 00 



584 



Essex County. 



1883. — Chapter 272. 
essex county. 



Amesbury, 

Andover, 

Beverly, 

Boxford, 

Bradford, 

Danvers, 

Essex, 

Georgetown, 

Gloucester, 

Groveland, 

Hamilton, 

Haverhill, 

Ipswich, 

Lawrence, 

Lynn, 

Lynnfield, 

Manchester, 

Marblehead, 

Merrimac, . 

Methuen, . 

Middleton, 

Nahant, 

Newbury, . 

Newburyport, 

North Andover, 

Peabody, . 

Rockport, . 

Rowley, 



Fourteen hundred and ten dollars, . $1,410 00 

Forty-one hundred and forty dollars, 4,140 00 

Eighty-three hundred and fifty-five 

dollars, 8,355 00 

Five hundred and fifty-five dollars, 555 00 

Eleven hundred and seventy dollars, 1,170 00 

Thirty-two hundred and ten dollars, 3,210 00 

Eight hundred and twenty-five dol- 
lars, 825 00 

Nine hundred dollars, ... 900 00 

Eighty-three hundred and seventy 

dollars, 8,.370 00 

Seven hundred and eighty dollars, 780 00 

Five hundred and fifty-five dollars, 655 00 

Ten thousand one hundred and 

seventy dollars, .... 10,170 00 
Seventeen hundred and eighty-five 

dollars, 1,785 00 

Twenty-two thousand five hundred 

and seventy-five dollars, . . 22,575 00 
Twenty-one thousand five hundred 

and ten dollars, .... 21,510 00 

Four hundred and eighty dollars, . 480 00 

Three thousand and ninety dollars, 3,090 00 

Thirty-four hundred and fifty dol- 
lars, 3,450 00 

Ten hundred and thirty-five dollars, 1,035 00 

Twenty-three hundred and seventy 

dollars, 2,370 00 

Four hundred and fifty dollars, . 450 00 

Five thousand one hundred and 

seventy-five dollars, . . . 5,175 00 

Eight hundred and eighty-five dol- 
lars, 885 00 

Seven thousand and eighty dollars, 7,080 00 

Twenty-two hundred and five dol- 
lars, 2,205 00 

Six thousand and thirty dollars, . 6,030 00 

Seventeen hundred and eighty-five 

dollars, 1,785 00 

Four hundred and eighty dollars, , 480 00 



1883. — Chapter 272. 

ESSEX COUNTY — Concluded. 



585 

Essex County. 



Salem, 
Salisbury, . 
Saugus, 
Swampscott, 
Topsfield, . 
Wenham, . 
West Newbury, 



Ashfield, 
Bernardston, 
Buckland, . 
Chai'lemont, 
Colrain, 
Conway, 
Deerfield, . 
Erving, 
Gill, . 
Greenfield, 
Hawley, 
Healh, 
Leverett, . 
Ley den, 
Monroe, 
Montague, . 
New Salem, 
Northfield, . 



Twenty-two thousand nine hun- 
dred and ninety-five dollars, 

Nineteen hundred and thirty-five 
dollars, 

Eleven hundred and seventy dollars. 

Thirty-two hundretl and ten dollars, 
Six hundred and sixty dollars, 
Four hundred and sixty-five dollars, 
Nine hundred and ninety dollars, . 



FRANKLIN COUNTY. 



Four hundred and five dollars, 
Three hundred and ninety dollars 
Four hundred and eighty dollars. 
Three hundred dollars, . 
Five hundred and seventy dollars. 
Six hundred and forty-five dollars 

Eleven hundred and twenty-five 

dollars, .... 

Two hundred and eighty-five dol 

lars, 

Three hundred and seventy-five 

dollars, .... 

Twenty-seven hundred and ninety 

dollars, .... 

One hundred and fifty dollars, 

One hundred and sixty-five dollars 

Two hundred and forty dollars. 

One hundred and eighty dollai-s. 

Thirty dollars. 

Twenty-four hundred and thirty 
dollars, .... 

Two hundi-ed and eighty-five dol 
lars, 

Six hundred and fifteen dollars. 



$22,995 00 



1.935 


00 


1,170 


00 


3.210 00 


660 


00 


465 


00 


990 


00 



$162,250 00 



Franklin 
County. 


$405 00 


390 00 


480 00 


300 00 


570 00 


645 00 


1,125 00 


285 00 


375 00 


2,790 00 
150 00 


165 00 


240 00 


180 00 


30 00 



2,430 00 

285 00 
615 00 



586 



Franklin 
County. 



1883. — Chapter 272. 

FRANKLIN COUNTY — Concluded. 



Hampden 
County. 



Orange, 
Rowe, 


Fifteen hundred and forty-five dol- 
lars, 

One hundred and fifty dollars. 


$1,545 00 
150 00 


Shelburne, . 


Seven hundred and fifty dollars, 


750 00 


Shutesbury, 


One hundred and thirty-five dollars, 


135 00 


Sunderland, 


Three hundred and sixty dollars, . 


3G0 00 


Warwick, . 


Two hundred and seventy dollars, . 


270 00 


Wendell, . 


One hundred and sixty-five dollars. 


165 00 


Whately, . 


Three hundred and ninety dollars, 


390 00 




$15,-225 00 



Agawam, . 

Blandford, . 

Brimfield, . 

Chester, 

Chicopee, . 

Granville, . 

Hampden, . 

Holland, 

Holyoke, . 

Longmeadow, 

Ludlow, 

Monson, 

Montgomery, 

Palmer, 

Russell, 

Southwick, 

Springfield, 



HAMPDEN COUNTY. 



Eleven hundred and ten dollars. 

Three hundred and fifteen dollars. 

Four hundred and fifty dollars, 

Four hundred and fifty dollars. 

Forty-six hundred and eighty dol 

lars, 

Three hundred and thirty dollars, 

Three hundred and ninety dollars, 

One hundred and five dollars. 

Eleven thousand seven hundred and 

forty-five dollars. 
Ten hundred and five dollars. 

Six hundi'ed and sixty dollars. 

Fourteen hundi'ed and twenty-five 

dollars, 

One hundred and twenty dollars, . 

Twenty-one hundred and thirty 
dollars, 

Three hundred and seventy-five 
dollars, 

Five hundred and twenty-five dol- 
lars, 

Thirty-one thousand, four hundred 
and twenty-five dollars. 



$1,110 00 
815 00 
450 00 
450 00 

4,680 00 
330 00 

390 00 

105 00 



11,745 00 
1,005 00 

660 00 



1,425 

120 


00 
00 


2,130 00 


375 


00 


525 


00 


31,425 


00 



1883. — Chapter 272. 

HAMPDEX COUNTY — Concluded. 



58" 



Hampden 

Couuty. 



Tolland, . 
Wales, 
Westfield, . 
West Springfield, 
Wilbraham, 



One hundred and sixty-five dollars. 

Three hundred and thirty dollars, . 

Fifty-four hundred dollars, 

Twenty-seven hundred and ninety 
dollars, . . . . . 

Six hundred and thirty dollars, 



HAMPSHIRE COUNTY. 



$165 00 

330 00 

5,400 00 



2,790 00 
630 00 

36,555 00 



Amherst, . 
Belchertown, 


Twent3'-two hundred and sixty-five 

dollars, 

Nine hundred and fifteen dollars, . 


$2,265 00 
915 00 


Chesterfield, 


Two hundred and seventy dollars, . 


270 00 


Cummington, 


Three hundred and fifteen dollars. 


315 00 


Easthampton, . 


Twenty-one hundred dollars, . 


2,100 00 


Enfield, 


Six hundred and forty-five dollars. 


645 00 


Goshen, 


One hundred and five dollars. 


105 00 


Granby, 


Three hundred and ninety dollars, . 


390 00 


Greenwich, 


Two hundred and forty dollars, 


240 00 


Hadley, 


Ten hundred and thirty-five dollars. 


1,035 00 


Hatfield, . 


Nine hundred dollars. 


900 00 


Huntington, 
Middlefield, 
Northampton, . 


Four hundred and thirty-five dol- 
lars, 

Two hundred and eighty-five dol- 
lars, 

Seven thousand and eighty dollars. 


435 00 

285 00 
7,080 GO 


Pelham, 


One hundred and fifty dollars, 


150 00 


Plainfield, . 


One hundred and fifty dollars, 


150 00 


Prescott, 


One hundred and sixty-five dollars, 


165 00 


South Hadley, . 
Southampton, . 


Sixteen hundred and sixty-five dol- 
lars, 

Four hundred and fifty dollars, 


1,665 00 
450 00 


Ware, . 


Nineteen hundred and eighty dol- 
lars, 


1,980 00 



Hampshire 
County. 



588 



Hampshire 

<'ouiity. 



Mifidlesfx 
County. 



1883. — Chapter 272. 

HAMPSHIRE COUNTY — Concluded. 



Westhampton, . 


Two hundred and forty dollars, 


$240 CO 


Williamsburg, . 


Eight hundred and fifty-five dollars, 


855 00 


Worthington, 


Two hundred and eighty-five dol- 
lars 


285 00 




$22,920 00 



MIDDLESEX COUNTY. 



Acton, 


Eleven hundred and ten dollai'S, . 


$1,110 00 


Arlington, . 


Forty-three hundred and thirty-five 






dollars, 


4,335 00 


Ashby, 


Four hundred and thirty-five dol- 






lars, ...... 


435 00 


Ashland, , 


Eleven hundred and eighty-five dol- 






lars 


1,185 00 


Ayer, . 


Nine hundred and thirty dollars, . 


930 00 


Bedford, 


Six hundred and sixty dollars, 


660 00 


Belmont, . 


Twenty-six hundred and forty dol- 






lars, 


2,640 00 


Billerica, . 


Sixteen hundred and twenty dollars, 


1,620 00 


Boxborough, 


Two hundred and twenty-five dol- 






lars 


225 00 


Burlington, 


Four hundred and twenty dollars. 


420 UO 


Cambridge, 


Forty-four thousand eight hundred 






and thirty-five dollars, 


44,835 00 


Cai'lisle, 


Three hundred and thirty dollars, . 


330 00 


Chelmsford, 


Fourteen hundred and fifty-five dol- 






lars, 


1,455 00 


Concord, . 


Twenty-eight hundred and ninet)'- 






five dolhirs ..... 


2,895 00 


Dracut, 


Nine hundred and ninety dollars, . 


990 00 


Dunstable, 


Two hundred and seventy dollars, . 


270 00 


Everett, 


Thirty-nine hundred and seventy- 






five dollars .... 


3,975 00 


Framingham, 


Forty-eight hundred and ninety dol- 






lars, 


4890 00 


Groton, 


Twenty-six hundred and seventy 






dollars, 


2,670 00 


Holliston, . 
Hopkinton, . 


Filteen hundred dollars, . 

Two thousand and twenty-five dol- 


1,500 00 




lars, 


2,025 00 


Hudson, 


Sixteen hundred and ninety-five 






dollars, 


1,695 00 



1883. — Chapter 272. 

MIDDLESEX COUNTY — Continued. 



589 



Middlesex 
County. 



Lexington, . 


Twenty-one hundred and seventy- 






five dollars, ..... 


$■2,175 00 


Lincoln, 


Eleven hundred and forty dollars, . 


1,140 00 


Littleton, . 


Six hundred and sixty dollars. 


660 00 


Lowell, 


Forty-one thousand five hundred 






and sixty-five dollars, . 


41,565 00 


Maiden, 


Nine thousand six hundred and 






ninety dollars, .... 


9,690 00 


Marlborough, 


Three thousand four hundred and 






ninety-five dollai's. 


3,495 00 


Maynard, . 


Fourteen hundred and twenty-five 






dollars, 


1,425 00 


Medford, . 


Seven thousand and twenty dollars, 


7,020 00 


Melrose, 


Thirty-three hundred and thirty 






dolhirs, ..... 


3,330 00 


Natick, 


Thirty-nine hundred and ninety 






dollars, 


3,990 00 


Newton, 


Twenty-four thousand one hun- 






dred and thirty-five dollars, 


24,135 00 


North Reading, . 


Four hundred and thirty-five dol- 






lars 


435 00 


Pepperell, . 


Thirteen hundred and sixty-five 






dollars, 


1,365 00 


Reading, . 


Two thousand and fifty-five dollars. 


2,055 00 


Sherborn, . 


Seven hundred and thirty-five dol- 






lars, 


735 00 


Shirley, 


Six hundi-ed and forty-five dollars. 


645 00 


Somerville, 


Nineteen thousand seven hundred 






and twenty- five dollars, 


19,725 00 


Stoneham, . 


Twenty-six hundred and twenty- 






five dollars, 


2,625 00 


Stow, . 


Eight hundred and ten dollars. 


810 00 


Sudbury, . 


Nine hundred and fifteen dollars, . 


916 00 


Tewksbury, 


Nine hundred and ninety dollars, . 


990 00 


Townsend, . 


Nine hundred and seventy -five dol- 






lars, 


975 00 


Tyngsborough, . 


Three hundred and thirty dollars, . 


330 00 


Wakefield, . 


Thirty-two hundred and ten dol- 






lars, 


3,210 00 


Waltham, . 


Eighty-four hundred and sixty dol- 






lars, ...... 


8,460 00 


Wateitown, 


Sixty-six hundred and seventy-five 






dollars, 


6,675 00 


Wayland, . 


Ten hundred and eighty dollars, . 


1,080 00 


Westford, . 


Nine hundred and seventy-five dol- 






lars, 


976 00 



590 



Middlesex 
County. 



1883. — Chapter 272. 

MIDDLESEX COUNTY — Concluded. 



Weston, 
Wilmington, 
Winchester, 
Woburn, 



Eighteen hundred and sixty dol- 
lars, 

Four hundred and ninety-five dol- 
lars, ...... 

Thirty-three hundred dollars. 

Seventy-two hundred dollars, 



$1,860 00 

49.5 00 
3,3U0 00 

7,200 00 



144,575 00 



Nantucket 

County. 



Nantucket, 



NANTUCKET COUNTY. 



Twenty-two hundred and ninety- 
five dollars, 



$2,295 00 



Norfolk 
County. 



NORFOLK COUNTY. 



Bellingham 

Braintree, 

Brookline, 

Canton, 

Cohasset, 

Dedham, 

Dover, 

Foxborough 

Franklin, 

Hoi brook, 

Hyde Park, 

Medfield, 

Medway, 

Milton, 

Needham, 

Norfolk, 

Norwood, 



Five hundred and ten dollars, 

Twenty-seven hundred and ninety 

dollars, .... 

Twenty-three thousand four hun 

dred and forty-five dollars, . 
Twenty-eight hundred and thirty 

five dollars, .... 
Twenty-seven hundred and fifteen 

dollars, .... 

Forty-eight hundred and ninety 

dollars, .... 

Four hundred and five dollars. 

Thirteen hundred anil tliirty-five 

dollars,. .... 
Sixteen hundred and thirty-five dol 

lars, ..... 
Twelve hundred and seventy-five 

dollars, .... 

Four thousand and sixty-five dol 

lars, 

Ten hundred and twenty dollai-s. 

Fourteen hundred and eighty-five 
dollars, .... 

Ninety-eight hundred and eighty' 
five dollars, . . 

Fifteen hundred aud fifteen dollars. 

Three hundred and forty-five dol- 
lars, 

Sixteen hundred and sixty-five dol- 
lars, 



$510 00 



2,790 00 


23,445 


00 


2,835 


00 


2,715 


00 


4,890 
405 


00 
00 


1,335 


00 


1,635 


00 


1,275 


00 


4,065 
1,020 


00 
00 



1,485 00 

9,885 00 
1,515 00 



345 00 
1,665 00 



1883. — Chapter 272. 

NORFOLK COUNTY — Concluded. 



591 



Qnincy, 


Sixty-seven hundred and fifty dol- 






lars, . . . . . . 


$6,7.50 00 


Randolph, . 


Twenty-one hundred and seventy- 






five dollars, ..... 


2,175 00 


Sharon, 


Nine hundred and seventy-five dol- 






lars, 


975 00 


Stoughton, . 


Nineteen hundred and fifty dollars. 


1,950 00 


Walpole, . 


Twelve hundred and thirty dollars. 


1,230 00 


Wellesley, . 


Twenty-nine hundred and ten dol- 






lars 


2,910 00 


Weymouth, 


Firtj--four hundred and ninety dol- 






lars 


5,490 00 


Wrentham, 


Eleven hundred and fifty-five dol- 






lars, 


1,155 00 




$84,450 00 


PLYMOUTH COUNTY. 


Abington, . 


Sixteen hundred and sixty-five dol- 






lars, 


$1,665 00 


Bridgewater, 


Two thousand and seventy dollars, 


2,070 GO 


Brockton, . 


Seventy-eight hundred dollars, 


7,800 00 


Carver, 


Five hundred and ten dollars. 


510 00 


Duxbury, . 


Eleven hundred and ten dollars, . 


1,110 00 


E. Bridgewater, 


Thirteen hundred and ninety-five 






dollars, 


1,395 00 


Halifax, 


Two hundred and twenty-five dol- 






lars, 


225 00 


Hanover, . 


Ten hundred and sixty-five dollars, 


1,065 00 


Hanson, 


Five hundred and ten dollars. 


510 00 


Hingham, . 


Thirty-one hundred and eighty dol- 






lars, 


3,180 00 


Hull, . 


Twelve hundred and forty-five dol- 






lars, ...... 


1,245 00 


Kingston, . 


Sixteen hundred and sixty-five dol- 




O ' 


lars, 


1,665 00 


Lakeville, . 


Four hundred and thirty-five dol- 






lars 


435 00 


Marion, 


Seven hundred and twenty dollars. 


720 00 


Marshfield, 


Nine hundred and seventy-five dol- 






lars, 


975 00 


Mattapoisett, 


Eleven hundred and eighty-five dol- 






lars, . . . ... 


1,185 00 


Middleborougb, 


Twenty-six hundred and ten dol- 






lars, 


2,610 00 



Norfolk 
County. 



Plymouth 
County. 



592 



Plymouth 
County. 



1883. — Chapter 272. 

PLYMOUTH COUNTY— Concluded 



Pembroke, . 
Plymouth, . 
Plympton, . 
Rochester, . 
Rockland, . 
Scituate, 
South Abington, 
South Scituate, . 
Wareham, . 
W. Bridgewater, 



Six hundred dollars. 

Forty-two hundred and fifteen dol 

lars, ..... 
Two hundred and seventy dollars, 

Four hundred and twenty dollars, 

Two thousand and ten dollars. 

Eleven hundred and seventy dol- 
lars, 

Nineteen hundred and fifty dollars. 

One thousand and five dollars 

Ten hundred and eighty dollars. 

Eight hundred and forty dollars. 



$600 00 

4,215 00 

270 00 

420 00 
2,010 00 

1,170 00 
1,950 00 

1,005 00 

1,080 00 

810 00 



$41,925 00 



Suftolk County. 



SUFFOLK COUNTY. 



Boston, 


Five hundred and seventy-eight 






thousand and fiftj^-five dollars, . 


$578,055 00 


Chelsea, 


Fourteen thousand four hundred 






and forty-five dollars, . 


14,445 00 


Revere, 


Twenty-one hundred and sixty dol- 






lars, 


2,160 00 


Winthrop, . 


Thirteen hundred and eighty dol- 






lars, 


1,380 00 




$596,040 00 



Worcester 
County. 



WORCESTER COUNTY. 



Ashburnham, 

Athol, 

Auburn, 

Barre, 

Berlin, 

Blackstone, 

Bolton, 

Boylston, . 



Eight hundred and fifty-five dol- 
lars f855 00 

Twenty-one hundred dollars, . 2,100 00 

Four hundred and thirty-five dol- 
lars, 435 00 

Thirteen hundred and twenty dol- 
lars, 1,320 00 

Four hundred and thirty-five dol- 
lars, ; 435 00 

Eighteen hundred and forty-five ' 

dollars 1,845 00 

Four hundred and fifty dollai's, . 450 00 

Four hundred and thirty-five dol- 
lars 435 00 



1883.— Chapter 272. 



593 



wo 


RCESTER COUNTY — Continued. 




Worceste 
^ County. 


Bi'ookfield, . 


Eleven hundred and fifty-five dol- 








lars, 


$1,155 


00 


Charlton, . 


Nine hundred and thirty dollars, . 


930 


00 


Clinton, 


Forty-four hundred and twenty-five 








dollars, ..... 


4,425 


00 


Dana, 


Two hundred and forty dollars. 


240 


00 


Douglas, . 


Nine hundred and thirty dollars, . 


930 


00 


Dudley, 


Eight hundred and forty dollars, . 


840 


00 


Fitchburg, . 


Ninety-five hundred and forty dol- 








lars, 


9,540 


00 


Gardner, 


Twenty-four hundred and fifteen 








dollars, ...... 


2,415 


00 


Grafton, 


Eighteen hundred and sixty dol- 








lars, 


1,860 


00 


Hardwick, . 


Ten hundred and thirty-five dol- 








lars, 


1,035 


00 


Harvard, . 


Eight hundred and twenty -five dol- 








lars, 


825 GO 


Holden, . 


Nine hundred dollars. 


900 


00 


Hubbardston, 


Six hundred and seventy-five dol- 








lars, ...... 


675 


00 


Lancaster, . 


Twenty-two hundred and fifty dol- 








lars, 


2,250 00 


Leicester, . 


Fifteen hundred and seventy-five 








dollars, 


1,575 


00 


Leominster, 


Thirty-four hundred and twenty dol- 








dollars, 


3,420 00 


Lunenburg, 


Six hundred and thirty dollars, 


630 00 


Mendon, 


Five hundred and forty dollars. 


640 00 


Milford, . 


Forty-seven hundred and forty dol- 








lars, 


4,740 


00 


Millbury, . 


Eighteen hundred and ninety dol- 








lars, 


1,890 


00 


New Braintree, . 


Four hundred and five dollars, 


405 


00 


Northborough, . 


Nine hundred and ninety dollars, . 


990 00 


Northbridge, 


Twenty-three hundred and forty dol- 








lars, 


2,340 


00 


North Brookfield, 


Seventeen hundred and twenty-five 








dollars, 


1,725 


00 


Oakham, 


Three hundred and fifteen dollars, . 


315 


00 


Oxford, 


Twelve hundred and forty-five dol- 








lars, 


1,245 


00 


Paxton, 


Two hundred and forty dollars, 


240 


00 


Petersham, 


Five hundred and forty dollars, 


540 00 



594 



WorecstH- 
Ctiuiity. 



1883. — Chapter 272. 

WORCESTER COUNTY — Concluded. 



Phillipston, 


Two hundred and fifty-five dollars. 


f255 00 


Princeton, . 


Seven hundred and sixty-five dol- 






lars, 


765 00 


Royalston, . 


Seven hundred and five dollars, 


705 DO 


Rutland, . 


Four hundred and twenty dollars, . 


420 00 


Shrewsbury, 


Nine hundred dollars, 


900 00 


Southborough, . 


Eleven hundred and eighty-five dol- 






lars, 


1,185 00 


Southbridge, 


Twenty-eight hundred and twenty 






dollars, 


2,820 00 


Spencer, . 


Three thousand and ninety dollars, . 


3,090 00 


Sterling, . 


Eight hundred and ten dollars, 


810 00 


Sturbridge, 


Nine hundred and thirty dollars, . 


930 00 


Sutton, 


Twelve hundred dollars, 


1,200 00 


Templeton, 


Ten hundred and ninety-five dol- 






lars, 


1,095 00 


Upton, 


Seven hundred and fifty dollars. 


750 00 


Uxbridge, . 


Eighteen hundred and fifteen dol- 






lars, ...... 


1,815 00 


Warren, 


Nineteen hundred and thirty-five 






dollars, 


1,935 00 


Webster, . 


Twenty-one hundred and forty-five 






dollars, 


2,145 00 


Westborough, . 


Twenty-three hundred and forty 






dollars, 


2,340 00 


West Boylston, . 


Ten hundred and thirty-five dol- 






lars, 


1,035 00 


West Brookfield, 


Seven hundred and sixty-five dol- 






lars, 


765 00 


Westminster, 


Seven hundred and twenty dollars, . 


720 00 


Winchendon, 


Sixteen hundred and ninety-five 






dollars, 


1,695 00 


Worcester, . 


Forty-one thousand nine hundred 






and forty dollars, 


41,940 00 




$125,805 00 



1883. — Chapter 272. 
recapitulation. 



595 



Rocnpitulation 
by counties. 



Barnstable County, 
Berkshire County, . 
Bristol County, 
Dukes County, 

Essex County, 

Franklin County, . 
Hampden County, . 
Hampshire County, 
Middlesex County, . 

Nantucket County, 
Norfolk County, 
Plymouth County, . 
Suffolk County, . 
Worcester County, 



Sixteen thousand one hundi'ed 
and twenty-five dollars, . 

Thirty-two thousand lour hun- 
dred and seventy-fiYe dollars, . 

Ninety-six thousand six hundred 
and thirty dollars, . 

Twenty-seven hundred and thirty 
dollars 

One hundred and fifty-two thou- 
sand two hundred and tifty dol- 
lars, 

Fifteen thousand two hundred 
and twenty-five dollars, . 

Sixty-six thousand five hundred 
and fitty-five dollars, 

Twenty-two thousand nine hun- 
dred and twenty dollars, 

Two hundred and fnrty-four 
thousand five hundred and 
seventy-five dollars, 

Two thousand two hundred and 
ninety-five dollars, . 

Eio:hty-four thousand four hun- 
dred and fitly d(jllars, 

Forty-one thousand nine hun- 
dred and twenty-five dollars, . 

Five hundred and ninety-six 
thousand and forty dollars. 

One hundred and twenty-five 
thousand eight hundred and 
five dollars, .... 



$16,125 00 
32,475 00 
96,630 00 

2,730 00 

152,250 00 

15,225 00 

66,555 00 

22,920 00 

244,575 00 

2,295 GO 

84,450 00 

41,925 00 

596,040 CO 

125,805 00 



$1,500,000 00 



Section 2. The trrasuier of the Commonwealth shall 
forthwith send his warrant, directed to the selectmen or 
assessors of each city or town taxed as aforesaid, requir- 
ing 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 respec- 
tively 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 re- 
quiring the treasurers of their several cities or towms to 
pay, to the treasui-er of the Commonwealth, on or before 
the tenth day of December in the year eighteen hundred 



Treasurer of 
the Common- 
wealth to issue 
warrants. 



To require 
selectmen or 
assessors to 
issue warrants 
to city or town 
treasurers. 



596 



1883. — Chapter 273. 



and eighty-three, 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 sura 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-three. 
To notify the Skction 4. If the amouut due from any city or town, 

de'itnque'iftcitiea as providcd iu this act, is not paid to the treasurer of the 
and town. 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 Common- 
Avealth, in addition to the tax, such further sum as would 
be equal to one per centum per month during such delin- 
quency, from and after the tenth day of December in the 
year eighteen hundred and eighty-three ; and if the same 
remains unpaid after the first day of January in the year 
eighteen hundred and eighty-four, an information 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 warrant of dis- 
tress 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 July 20, 1883. 



Warrant of 
distress may 
issue to enforce 
payment. 



May renew 
water bonds. 



Ck(ip.273 An Act authorizing the town of leominster to renew its 

WATER BONDS. 

Be it enacted, etc., as foUoios: 

The town of Leominster is hereby authorized to renew 
any of the bonds heretofore issued by virtue of section 
four of chapter two hundred and forty-nine of the acts of 
the year eighteen hundred and seventy-one : 2^^'ovided, 
that in no event shall the time for the payment of the 
same or any part thereof l)e extended beyond the period 
of thirty years from the fifth day of May in the year 
eighteen hundred and seventy-one. 

Approved July 20, 1883. 



1883. — Chapters 274, 275, 276. 597 

An Act to authorize the city of lynn to supply tue occu- Chap.274: 

PANTS OF hotel NAUANT WITH WATER. 

Be it enacted, etc.. as follows : 

Section 1. The city of Lynn is authorized to furnish, suppiyofwatei 
from its water supply, to the occ»i pants of the premises oTHotei^Na- 
known as Hotel Nahunt, situated in the town of N;ihant, ^^"*^" 
a supply of water for the use of said occupants, for the 
extinguishment of fires and for domestic purposes. 

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

Approved July 20, 1883. 



Chap.275 



An Act to authohize the trustees of the parochial funds 
of the central society in worcester, to apply to the 
supreme judicial court for leave to convey the church 
property. 

Be it enacted, etc., as follows: 

Section 1. The trustees of the parochial funds of the May apply to 

S T C for 

Central Society in Worcester, originally incorporated by uave to convey 
an act approved on the second day of February in the eny?^^"^"^" 
year eighteen hundred and twenty-seven, are hereby 
authorized to apply to the supreme judicial court sitting 
in equity for leave to convey all its real and personal 
estate to the Central Society in Worcester, incorporated 
by an act approved on the eighth day of February in the 
year eighteen hundred and twenty-five, to hold said prop- 
erty, or the proceeds thereof if sold or mortgaged, for the 
purpose of maintaining the public worship of God, and 
said court, on hearing all parties in interest, may grant 
such leave, and make such other decree as justice and 
equity shall seem to require. 

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

Approved July 26, 1883. 

An Act making further appropriations for expenses author- Chctp.27Q 
izEi) the present year, and for other purposes. 

Be it enacted, etc., as folloivs : 

Section 1. The sums hereinafter mentioned are ap- Appropriations, 
propriated, to l)e paid out of the treasury of the Com- 
monwealth, from the ordinary i-evenue, for the purposes 
specified in certain acts and resolves of the present year, 
and for other purposes, to wit : — 

To carry out the provisions of the act entitled "An Act Adulteration of 
to amend an act relatino; to the adulteration of Food and ^"'"■^' '''°- 



598 



1883. — Chapter 277. 



Doorkeepers, 
messengers, etc. 



State prison. 



Fuel and lights. 



Paupers trans- 
ferred from 
Workhouse to 
almshouse. 



Paupers trans- 
ferred to West- 
borough. 



Drugs," two thousand dollars, in addition to the amount 
heretofore appropriated. 

For the compensation of doorkeepers, messengers and 
pages to the present legislature, a sum not exceeding two 
thousand dollars, in addition to the amount heretofore 
appropriated. 

For the state prison at Concord, a sum not exceeding 
three thousand dollars, as authorized by chapter sixty of 
the resolves of the present year. 

For fuel and lights at the state house, a sum not ex- 
ceeding two thousand five hundred dollars, in addition to 
the amount heretofore appropriated. 

For the support of paupers transferred from the Bridge- 
water workhouse to the Tewksbury almshouse, there may 
be used from the appropriation for current expenses at 
the Bridgewater workhouse for the present year, a sum 
not exceeding ten thousand dollars. 

The appropriations made the present year for the ex- 
penses at the Bridgewater workhouse may be used for the 
support of the inmates of said institution now transferred 
to VVestborough, except as herein otherwise provided. 

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

Approved July 27, 1883. 



Chap 



.277 An Act making an appropriation for rebuilding the state 

WORKHOUSE at BRIDGEWATER. 



Be it enacted., etc., as follows : 
Appropriation SECTION 1. The sums hereinafter mentioned are ap- 
state workhouse propHatcd, to be paid out of the treasury of the Com- 
at Bridgewater. mou Wealth, froiH tlic Ordinary revenue, to provide for the 
rebuilding the state workhouse at Bridgewater, and for 
furnishing the same when erected, to wit : — For rebuild- 
ing the state workhouse at Bridgewater, a sum not ex- 
ceeding fifty thousand dollars ; and for furnishing the 
building or buildings when erected, a sum not exceed- 
ing ten thousand dollars, as authorized by a resolve 
passed the present year. 

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

Approved July 27, 1883. 



1883. — Chapters 278, 279. 



599 



An Act concerning the appointment of superintendent and C'hup.Zio 

RESIDENT PHYSICIAN AT THE STATE ALMSHOUSE. 

Be it enacted, etc., as follows : 

Nothing contjiinecl in chapter eighty-six of the Public superintendent 
Statutes shall prevent the appointment of the same person physkiau!" 
to hold the offices of superintendent and resident physician 
at the state almshouse at Tewksbury, subject to the ap- 
proval of the governor and council. 

Approved July 27, 1883, 



An Act in relation to the state workhouse. 
Be it enacted, etc., as follows: 

Section 1. The state workhouse heretofore estab- 
lished at Bridgewater is hereby established in Westbo- 
rough, in the county of Worcester, until other provision 
shall be legally made, and that portion of the buildings 
heretofore occupied by the state reform school in said 
"VVestborough, which was constructed in the year eighteen 
hundred and seventy-six, is hereby devoted to that pur- 
pose. The persons confined in the state workhouse at 
Bridgewater, and who were removed to said buildin^js in 
Westborough, on account of the burning of the buildings 
occupied at Bridgewater for the purposes of said work- 
house shall be held in said buildings at Westborough, ac- 
cording to the terms and conditions of their several sen- 
tences to said workhouse at Bridgewater, and said removal 
shall not in any way impair the validity of such sentence, 
or abridge the authority of the superintendent of said 
workhouse to detain any person lawfully sentenced to im- 
prisonment therein. The governor and council shall de- 
tine the boundaries of the land which may be used for the 
purposes of said workhouse, and any escape from said 
lands shall be deemed to be an escape from said work- 
house. 

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

Approved July 27, 1883. 



CJm2y.279 



State work- 
house ef^tnb- 
lished at West- 
borough. 



600 



1883. — Chapters 1, 2. 



RESOLVES. 



Chap. ] 



Treasurer may 
borrow money 
in anticipation 
of the revenue. 



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 payment 
of the ordinary demands on the treasury, at any time be- 
fore 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 sufiicient for the pur- 
* pose and not otherwise appropriated shall be received 

into the treasury. Approved Jamiary 26, 1S83. 

t//fCtp. A Resolve providing for the distribution of the abstract of 
the social and industrial statjstics of the commonwealth. 

Resolved, That the edition of the abstract of the social 
and industrial statistics of the Commonwealth collected in 
the tenth United States census, and compiled by the chief 
of the bureau of statistics of labor under the provisions 
of chapter twenty-six, resolves of eighteen hundred and 
eighty-two, be distributed as follows : — five copies each, 
to the governor, lieutenant-governor, members of the 
council, the senate and house of representatives, and the 
clerks of the two houses ; one copy each, to the assistant 
clerks and to the chaplains of the two houses of the legis- 
lature ; two copies to each reporter ; six copies to be 
placed upon the shelves of the library ; five hundred 
copies to be reserved for the public document series ; and 
the balance of the edition to be distributed by the secre- 
tary of the Commonwealth and the bureau of statistics of 
labor. Ax>proved February 21, 1883. 



Distribution of 
the abstract of 
the social and 
Indnstrial sta- 
tistics of the 
Common- 
wealth. 



1883. — Chapters 3, 4, 5. 



601 



Resolve in favor of the Massachusetts charitable eye and Chap. 3 



EAR INFIRMARY. 



BesoJved, That there be allowed and paid out of the |'j^f^;^|j*^^;.'" 
treasury of the Commonwealth, ten thousand dollars to intimiary. 
the Massachusetts charitable eye and ear intirmary, to be 
expended under the direction of the managers thereof, for 
the charitable purposes of said infirmar}^ for the present 
year ; and the said managers shall report to the state 
board of health, lunacy and charity. 

Approved February 21, 1883. 

Resolve in favor of the state lunatic hospital at taunton. CliCip. t 
Resolved, That there be allowed and paid out of the statp lunatic 
treasury of the Commonwealth to the trustees of the Tau.uon'. 
state lunatic hospital at Taunton, five thousand five 
hundred dollars, to be expended for the following pur- 
poses : two thousand dollars for a new water heater and 
supply pipes ; one thousand five hundred dollars for ex- 
tension of water pipes, and three hydrants ; one thou- 
sand dollars for an additional ice house and land necessary 
for the same ; five hundred dollars for additional fire 
hose, and five hundred dollars for new floors in chapel, 
kitchen and halls. Approved March 9, 1883. 



Resolve concerning the supervision of immigration. 

WJiereas, By an act of congress passed on the third day 
of August in the year one thousand eight hundred and 
eighty-two, entitled "An Act to regulate Immigration," 
the secretary of the treasury was empowered " to enter into 
contracts with such state commission, board, or oflicers 
as may be designated for that purpose by the governor of 
any state, to take charge of the local atfairs of immigra- 
tion within said state ; " and whereas the governor of this 
Commonwealth has designated for said purpose the state 
board of health, lunacy and charity, and said board has 
entered into a contract with the secretary of the treasury, 
in accordance with said act of congress ; therefore. 

Resolved, That the agreement entered into, on the twenty- 
seventh day of November in the year eighteen hundred 
and eight3'-two, by the secretary of the treasury of the 
United States, the paity of the first part, and on the 
second day of December in the year eighteen hundred 
and eighty -two, by the state board of health, lunacy and 



Chap. 5 

Agreeraeiit be- 
tween secretary 
of treasury 
of U.S and 
state board of 
health, lunacy 
and charity 
approved. 



602 1883. — Chapters 6, 7, 8. 

charity, the party of the second part, be and the same is 
hereby approved, subject to such modifications as may 
hereafter be made by said board with the approval of the 
governor and council. Approved March 14, 1883. 

Chcip. 6 Resolve in favor op the town of peppereli-. 

Allowance to Hesolvecl, That there be allowed and paid out of the 

JTJe'ii? ^ ^''^" treasury of the Commonwealth to the town of Pepperell, the 
sum of eighty-six dollars and thirty-six cents, said sum 
having been paid into the treasury of the Commonwealth, 
under a mistake of facts, for the support of Mary Fitz- 
gerald at the Danvers lunatic hospital ; s;\id Mary Fitz- 
gerald having no settlement in the town of Pepperell. 

Ap>])roved March 14, 1883. 

CllCllp. 7 Resolve IN FAVOR OF THE TOWN OF NORTON. 

Allowance to Hesolvecl, That there be allowed and paid out of the 

treasury of the Commonwealth to the town of Norton, 
the sum of two hundred and sixty-eight dollars and 
thirty-five cents, the same being the amount of tax col- 
lected by the Commonwealth on certain shares of the 
national bank of Taunton, owned by the Congregational 
parish of said Norton, from and including the year one 
thousand eight hundred and seventy-three to and includ- 
ing the year one thousand eight hundred and eighty-one. 

A2}2yroved March 14, 1883. 

(JllCiT)' 8 Resolve repealing chapter sixtv-one of the resolves of the 

YEAR EIGHTEEN HUNDHED AND EIGHTY-TWO, RELATING TO REPORTS 
OF CONTESTED ELECTION CASES. 

Repeal of Whevcas, Chapter sixty-one of the resolves of the year 

tveReso'ive^s'of eighteen hundred and eighty-two piovides that the presi- 
1882- dent of the senate and the speaker of the house of 

representatives be authorized and requested to appoint 
two suitable persons to prepare and publish an edition of 
the reports of contested elections of the legislature from 
the year eighteen hundred and filty-three to the year 
eighteen hundred and eighty-two, inclusive, with a suit- 
able index thereto, and to fix .the compensation of the 
persons so appointed, and that the total expense of pre- 
paring and pul)lishing said reports shall not exceed the 
sum of twelve hundred dollars ; and whereas, a commu- 
nication from Robert R. Bishop, president of the senate, 



1883. — Chapters 9, 10. 



603 



Chap. 9 



Committee ap- 
pointed to co- 
operate with 
the general 
maniigers of the 
exhibition. 



and Charles J. Noj'es, speaker of the house of representa- 
tives, for the year eighteen hundred and eighty-two, has 
informed the present legislature that tliey have not been 
able to obtain the services of suital)Ie persons to prepare 
the vokime of reports conteraphited b}' said resolve, for 
an amount which would be within the sum limited by said 
resolves ; therefore, 

He'iolved, That chapter sixty-one of the resolves of the 
year eighteen hundred and eighty-two is hereby repealed. 

Apirroved March 24, 1883. 

Resolve for the encouragement of the American exhibition 
OF foreign productions, arts and manufactures. 

Whereas, It has been announced to the senate and 
house of representatives of Massachusetts in general 
court assembled, that an American exhibitic^n of foreign 
productions, a.rts and manufactures will be opened in Bos- 
ton on September lirst eighteen hundred and eighty- 
three ; and whereas, it is believed that the interests of 
the manufacturers of the Commonwealth and of New 
England will be largely beneiited by this opportunity to 
study the advance made by foreign nations since the cen- 
tennial exhibition at Philadelphia in eighteen hundred and 
seventy-six; therefore, 

liesolved. That the legislature of Massachusetts deems 
it proper to recognize the great value of the proposed 
exhibition of foreign products to be held in Boston the 
present year, by joining in the reception of such foreign 
representatives as shall visit Boston during the progress 
of said exhibition ; and that a special committee, con- 
sisting of two members of the senate (to be appointed by 
the president of that body), and three members of the 
house of representatives (to be appointed by the speaker 
of that body), be appointed to co-operate with the gen- 
eral managers of the exhibition in such manner as shall 
best subserve the interests and contribute to the success 
of said exhibition. Apjrroved March 24, 1883. 

Resolve relating to the war records in the department of QhcLf), 10 
the adjutant general. -^ 

Hesohed, That the adjutant general may finish the War records 

work on the war records in his department, authorized by menronh^ad- 

chapter thirty-eight of the resolves of the year eighteen ju'ant general. 
hundred and eighty-one, at an expense not exceeding four 
thousand dollars. Approced March 24, 1883. 



604 



1883. — Chapters 11, 12, 13, 14. 



Chap. 11 Resolve for the relief of john owens. 

John Owens. Rcsolved , That from and after the iirstday of February 

in the year eighteen hundred and eighty-three, John Owens, 
a resident of Boston, who served in the United States 
navy between the sixth day of July in the year eighteen 
hundred and sixty-four and the thirty-first day of May in 
the year eighteen hundred and sixty-five, shall be entitled 
to receive the same amount of state and military aid he 
Avould have been entitled to receive had he been credited 
on the quota of the Commonwealth of Massachusetts 
during his term of service. 

Approved March 30, 1883. 



Chap. 12 



Catharine Cur- 
tin, widow of 
Michael Curtin. 



Resolve ix favor of Catharine curtin. 

Resolved, That on and after the first day of March 
eighteen hundred and eighty-three, Catharine Curtin, 
widow of Michael Curtin, who was a member of company 
C, seventeenth regiment Massachusetts volunteers, shall 
be entitled to receive the same amount of state aid as she 
would have been entitled to receive had she been a resi- 
dent of Massachusetts at the date of the passage of the 
act granting state aid. Approved March 30, 1883. 



Chap. 



13 Resolve providing for the purchase of neav steam boilers 

AND steam pipes FOR THE STATE WORKHOUSE AT BRIDUEWATEK. 



State work- 
house at 
Bridgewater, 



Resolved, That there be allow^ed and paid out of the 
treasury of the Commonwealth a sum not exceeding three 
thousand dollars, the same to be expended under the 
direction of the trustees and superintendent of the state 
workhouse at Bridgewater, for the purchase of new steam 
boilers, and steam pipes connecting with the same, for 
said institution. Approved March 30, 1883. 



Chap. 14 Resolve in relation to loan and trust companies. 



Bill in relation 
to loan and 
trust companies 
to be reported 
to the next gen- 
eral court. 



Resolved, That the bill in relation to loan and trust 
companies, reported to the present general court by the 
commissioners of savings banks and the commissioner of 
corporations be referred back to such commissioners, with 
instructions to give a hearing to the representatives of all 
the existing loan and trust corporations in the Common- 
wealth, to consider said bill, to make such amendments 



1883. — Chapters 15, 16, 17, 18. 605 

thereto as they may deem expedient, and to report a new 
bill to the next general court. 

\_7he f'jregolng was laid before the Governor on the tiventy- 
seveath day of March, 1S83, and after Jive days it had the ^'- force 
of a law" as prescribed by the Constitution^ as it was not 
returned by him with his objections toithin that time.'] 

Resolve confirming the acts of james keith as a justice of (yllCtp. lo 

THE peace. 

Resolved, That all nets done by James Keith, as a jus- Acts done by 

„,, , ^, ,."^ .11 cT ^ 1 i.1 J.imes Keith, as 

tice oi the peace, between the thirteenth day ot July and the justice of the 
twenty-seventh day of October in the year eighteen hun- tirme*d.°°" 
drcd and eight3^-two, are hereb}' confirmed and made valid 
to the same extent as though he had been qualified during 
that time to discharge the duties of a justice of the peace. 

Approved April 6, 1883. 

Resolve providing for printing the report of the trustees QllCip. 16 

OF the MASSACHUSETTS AGRICULTURAL COLLEGE. 

Resolved, That there be printed four thousand copies of Additional 
the report of the trustees of the Massachusetts agricult- pons to be 
ural college for the year eighteen hundred and eighty-two, p""^''*^- 
to be distributed as follows : — five hundred copies to the 
governor and council, fifteen hundred copies to the pres- 
ident of the college, and two thousand copies to the mem- 
bers of the present legislature. 

Approved April 7, 1883. 

Resolve in favor of the state normal school at bridge- iyllCip. 17 

WATER. 

Resolved. That there be allowed and paid out of the state normal 

11 T • ecnnnl nt 

treasury or the Commonwealth a sum not exceeding one Bndgcwater. 
thousand dollars, for painting the buildings and furnishing 
cases for the laboratory of the state normal school at 
Bridgewater ; the same to be expended under the direction 
of the board of education. Approved April 7, 1883. 

Resolve in favor of the state primary school at monson. Ohcip. 18 

Resolved., That there be allowed and paid out of the st.ite primary 
treasury of the Commonwealth the sum of four hundred son?" * 
and one dollars and ninety-six cents, being the unex- 
pended balance of an appropriation authorized by chap- 
ter sixty of the resolves of the year eighteen hundred and 



606 



1883. — Chapters 19, 20, 21. 



eighty-(3ne, for the erection and completion of a new hos- 
pital at the state primary school at Monson ; said amount 
being necessary for the completion of the hospital, and 
having reverted to the treasury according to law ; the 
same to be expended under the direction of the trustees 
of the state primary and reform schools. 

Approved April 7, 1883. 

GJlClp. 19 Resolve for covering into the treasury the amounts 

STANDING TO THE CREDIT OF THE ACCOUNTS OF DIVIDENDS 
OF INSOLVENT INSURANCE COMPANIES AND DIVIDENDS OF INSOL- 
VENT SAVINGS BANKS. 

Certain amounts Jiesolved, That the treasurer of the Commonwealth is 
covered into the hereby directed to cover into the treasury that portion of 
treasury. ^j^^ amouuts deposited with him under the provisions of 

section one hundred seventy-three of chapter one hundred 
nineteen of the Public Statutes and section forty four 
of chapter one hundred sixteen of the Public Statutes 
and the acts of which those sections are a continuation, 
which has not been paid by him to claimants under the 
provisions of said acts, amounting on the first day of 
March, of the present year, to eleven thousand nine hun- 
dred and nine dollars eighty-six cents. 

\_The foregoing loas laid before the Governor on the fourth day 
of April, 1883, and after five days it had the '•^ force of a knu" 
as prescribed by the Constitution, as it was not returned by him 
with his objections within that time.'] 



Clmp. 20 

Rand, Avery & 
Company. 



Resolve in favor of rand, avery and company. 

Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth to Rand, Avery and Com- 
pany, of Boston, the sum of two hundred and ten dollars 
and thirteen cents, being the amount due them for the 
printing of one thousand pamphlets entitled " Popular 
Industrial Art Education," and live hundred pamphlets 
entitled " Lectures on Drawing." 

Approved April 11, 1883. 



Chap. 21 

State luniilie 
hospital at 
Danvers. 



Resolve in favor of the state lunatic hospital at danvers. 

Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth to the trustees of the 
state lunatic hospital at Danvers, the sum of fifteen thou- 
sand five hundred dollars, to be expended for the following 
purposes : — twelve thousand dollars for the erection and 



1883. — Chapters 22, 23, 24, 25. 



607 



to boundaries 
of citii-s and 
towns bordering 
upon the sea. 



completion of a new laundry, the character and location 
of which shall be approved by the board of health, lunacy 
and charity before any contracts or expenditures shall be 
made ; and thirty-five hundred dolUirs for painting and 
necessary repairs on said hospital. 

Ajjproved April 11, 1883. 

Resolve providing for the expenses incurred under an act ChttJ^' 22 
IN relation to the boundaries of cities and towns border- 
ing UPON THE SEA. 

liesolved, That there be allowed and paid out of the Allowance for 
treasury of the Commonwealth the sum of five hundred act'Tn reuition 
dollars, to be expended, by the board of harbor and land 
conmiissioners with the approval of the governor and 
council, for the employment of surveyors, for clerical 
assistance and other necessary expenses incurred in 
carrying out the provisions of chapter one hundred and 
ninety-six of the acts of the year eighteen himdred and 
eighty-one, entitled " An Act in relation to the bounda- 
ries of cities and towns bordering upon the sea." 

Approved April 11, 1883. 

Resolve in favor of mark Pickering. Chap, 23 

Hesolvedy That there be allowed and paid from the Mark Pickering. 
treasury of the Commonwealth to Mark Pickering, of 
Cambridge, an annuity of two hundred and forty dollars 
for the term of three years from the first day of January 
in the year eighteen hundred and eighty-three, in equal 
quarterly instalments. Approved April 23, 1883. 

Resolve in favor of ellen madigan. CJlClJ^- 24 

Resolved, That there be allowed and paid out of the Eiien Madigan. 
treasury of the Commonwealth to Ellen Madigan, the 
sum of one hundred and fifty dollars, as compensation for 
the loss of her husband, who was killed while in the em- 
ploy of the Commonwealth ; the same to be paid in two 
annual instalments of seventy-five dollars each. 

A^yproved April 23, 1883. 

Resolve in favor of timothy murphy. Chap. 25 

Resolved, That during the period of five years from the Timothy Mm-- 
first day of January in the year eighteen hundred and ''''^' 
eighty-three, an annuity of two hundred dollars be 
allowed and paid to Timothy Murphy, in equal quarterly 



60S 



1883. — Chapters 26, 27, 28. 



John William 
Kobert Sawin, 



jDayments, for injuries sustained at the Hoosac Tunnel 
while in the employ of the Commonwealth. This annuity 
shall cease in the event of the death of said Timothy 
Murphy prior to the expiration of said period of five years. 

Approved April 23, 1883. 

Chup. 26 Resolve in favor of john william robert sawin. 

liemlved. That there be allowed and paid out of the 
treasury of the Commonwealth to the guardian and for 
the benefit of John William Robert Sawin, son of John 
P. Sawin of Boston, deceased, an annuity of one hundred 
and fifty dollars, for the term of five years from the first 
day of January in the year eighteen hundred and eighty- 
three, payable in equal quarterly instalments. 

Approved April 23, 1883. 

Ohajy. 27 Resolve in favor of the trustees ok the soldiers' home in 

MASSACHUSETTS. 

Resolved, That there be allowed and paid out of the 
treasury of the Commonwealtli to the trustees of the 
soldiers' home in Massachusetts, incorporated by chapter 
two hundred and eighteen of the acts of the year eighteen 
hundred and seventy-seven, the sum of fifteen thousand 
dollars, the same to be used towards the maintenance of a 
home for deserving soldiers and sailors. 

Approved April 24, 1883. 



Soldiers' home 
in Massachu- 
setts. 



Chap 



. 28 Resolves concerxing the boundauy line betweex the com- 
monwealth OF MASSACHUSETTS AND ^THE STATE OF NEW HAMP- 
SHIRE. 



NewHimpshire 
boundaiy line. 



Resolved, That the governor with the advice and con- 
sent of the council be and hereby is authorized and 
requested to appoint three suital)le persons as commis- 
sioners on the part of the Commonwealth of Massachu- 
setts, to meet and act in the manner herein set forth, in 
conjunction with such commissioners as may be appointed 
in accordance with this resolve on the part of the State 
of New Hampshire. The commissioners appointed shall 
reset and replace where it is necessary the monuments 
established as indicating the boundary line between the 
Commonwealth of Massachusetts and the State of New 
Hampshire, in accordance with the report of the commis- 
sioners of the Commonwealth of Massachusetts made on 



1883. — Chapters 29, 30. 609 

the twenty-eighth day of February, eighteen hundred and 
twenty-seven, shall employ such surveyors as may be 
deemed proper, and cause to be made a plan of the 
boundary line, as it exists between said monuments, 
which shall be filed in the office of the secretary of the 
Commonwealth, and the line so found shall be the legal 
boundary line between the Commonwealth of Massachu- 
setts and the State of New Hampshire. And the commis- 
sioners are authorized and empowered to incur the necessary 
expenses for accomplishing the purposes of this resolve. 
The expense of resetting and replacing said monuments shall 
be the joint and equal charge of the said Commonwealth 
of Massachusetts and the State of New Hampshire. The 
commissioners in behalf of the Commonwealth of Massa- 
shall report their doings under this resolve to the next 
genei'al court. 

Resolved, That the governor and council are hereby ofTomm^S- 
authorized to fix and determine the compensation of said *^''^- 
commissioners ; but the whole amount which shall be 
expended by or for this Commonwealth for any of the pur- 
poses of this resolve shall not exceed the sum of one thou- 
sand dollars. 

Resolved, That his excellency the governor be requested fo°govenio7o/^ 
to transmit a copy of this resolve to his excellency the ^b'i^.^'*"^' 
governor of the State of New Hampshire. 

Approved April 25, 18S3. 

Resolve ix favor of the disabled soldiers' employment (JJiav. 29 

BUREAU. 

Resolved, That there be allowed and paid out of the Allowance to 

treasuiy of the Commonwealth to the disabled soldiers' dieM''enip°ioy- 

employment bureau, a sum not exceeding eight hundred "o'lje expended 

dollars, the same to be expended under the direction of under direction 

1 T 1 ,ni 1 1 1 T II n ' -x of adjutant- 

the adjutant-general. Ihree hundred dollars or said sum general. 
shall be allowed for superintendence of said bureau. 

Ap2Jroved April 25, 18S3. 

Resolve for the encouragement of industrial art in the (Jliap. 30 

COMMON schools. 

Resolved, That the board of education be empowered induRtriai art 
and directed to examine carefully the courses of inslruc- schools.'"""''" 
tion in industrial drawing, as adopted in the common 
schools, and to make such recommendations as may be 



610 1883. — Chapters 31, 32, 33. 

best calculated to establish in the courses taught in said 
schools a closer conformity to the course of instruction of 
the normal art school ; to the end that the effect of its 
efforts in the direction of the cultivation and encourage- 
ment of industrial art may be more widely and thoroughly 
diffused in the common schools of the Commonwealth. 

[ The foregoing was laid before the Governor on the eighteenth 
day of Aprils 1883, and after Jiue daysithadthe '•'• forcenf a knv" 
as prescribed by the Constitution, as it was not returned by him 
with his objections within that time.'] 



Chup. 31 Resolve to provide for leasing the deacon house estate 
IN boston for the use op the normal art school. 

LeaseofDeacon I?esolved, That the statc board of education be author- 
mTy brre-'"' ^^cd to rcuew the lease of the Deacon house estate, situ- 
newed. atcd at thc comcr of Washiugtou and Concord streets in 

the city of Boston, for a term of three or five years, for 
the use of the normal art school; the lease to date from 
the first day of July eighteen hundred and eighty-three, 
and the aimual rental not to exceed three thousand six 
hundred dollars and taxes. 

[ The foregoing ivas laid before the Governor on the nimteerdU 
day of April, 1883, and after Jive days it had the '■'•force of a law," 
as p)rescribed by the Constitution, as it was not returned by him 
loith his objections tvithin that time.] 

Cheep. 32 » Resolve in favor of henry j. white. 

Heuryj.white. Besolvecl, That there be allowed and paid out of the 
treasury of the Commonwealth to Henry J. White, of 
Haverhill, the sum of one hundred dollars, as a gratuity 
for services as a musician in the sixth regiment of infantry, 
Massachusetts volunteers, in eighteen hundred and sixty- 
one, and for loss of property while in said service ; the 
said Henry J. White having been severely injured while 
the regiment was passing through Baltimore, Maryland, 
before being mu&tered into the United States service. 

Approved April 30, 1883. * 

Chwp. 33 Resolve relative to the accommodation of women and 
-* ' children in railroad cars. 

Acooramoda. Hesolvecl, That the subject of accommodation for women 

tion of women ^ud children in railroad trains, so far as relates to com- 

and children in . . . ' /• i i 

railroad cars. pelHug thcui to ridc iu smokiug-cai's, be referred to the 
board of railroad commissioners, with instructions to 



1883. — Chapters 34, 35. 611 

report to the several railroad corporations in the Common- 
wealth and to the next general court. 

Approved May 5, 1883. 

Resolve granting county taxes C/l(ip. 34: 

Mesolved, That the sums placed against the names of County taxes 
the several counties in the following schedule are granted ^""^"^^ • 
as a tax for each county, respectively, to be collected and 
applied according to law : — Barnstable, fourteen thousand 
dollars ; Berkshire, sixty-five thousand dollars, provided 
that not less than ten thousand dollars thereof be applied 
to the reduction of the existing debt of said county ; 
Bristol, one hundred and ten thousand five hundred dol- 
lars, provided that c^ight thousand dollars thereof be applied 
to the reduction of the existing debt of said comity ; Dukes, 
seven thousand three hundred dcjllars, provided that nol less 
than one thousand dollars thereof be applied to the reduc- 
tion of the existing debt of said county ; Essex, two 
hundred and five thousand dollars, provitled that not less 
than forty-six thousand dollars thereof be applied to the 
reduction of the existing debt of said county ; Franklin, 
twenty-eight thousand dollars, provided that not less than 
two thousand dollars thereof be applied to the nduction 
of the existing debt of said county ; Hampden, eighty-one 
thousand dollars ; Hampshire, thirty-eight thousand dol- 
lars, provided that not less than one thousand dollars 
thereof be apjjlied to the reduction of the existing del)t of 
said county; Middlesex, one hundred and fifty thousand 
dollars, provided that not less than fifteen thousand dol- 
lars thereof be applied to the reduction of the existing 
debt of said county ; Norfolk, sixty-five thousand dollars ; 
Plymouth, forty-tive thousand dollars ; Worcester, one 
hundred and twelve thousand five hundred dollars, pro- 
vided that not less than five thousand dollars theieof be 
applied to the purchase of state reports and statutes for 
the Worcester county law library. 

Approved May 3, 18S3. 



Chap. 35 



Resolves kelative to the ^ claim of the common wealth 
against the united states fok moneys expended foli coast 

DEFENCE. 

Wliereas, Under a joint resolution of the thirty-ninth Members of 
congress, approved Jul^^ twenty-sixth, eighteen hundred "^ZVilTtoXs^ 
and sixty-six, the president, by and with the advice and J»-pt exertion 

•J ^ i. ^ ./ to procure 



612 



1883.— Chaptees 36, 37. 



payment for dig- coiisent of the SGiiate, appointed commissioners to "ex- 

bursements fur . •.,! •, • it, n \ m 

coast defence, aiiiine into the claim and aiiclit the accounts or the btate 
of Massachusetts for moneys expended for coast defence 
during the war;" and 

W/iereas, Said commissioners examined the subject 
fully, both sides being represented at the hearings by 
eminent counsel, and reached a unaniiUDUs conclusion, 
and made a full and complete report thereon to the fortieth 
congress, and reported the amoun' due to Massachusetts 
without interest to be two hundred and thirty thousand 
one hundred doUars and six cents, and it thus became 
an adjudicated claim ; therefore, be it 

Itesolved, That the members of congress from this 
Commonw^ealth be and they are hereby requested to use 
their best exertion to procure from the general govern- 
ment an appropiation sufficient to pay the amount due the 
Commonwealth for disbursements for coast defence, made 
during the late civil war. 

Resolved, That a copy of these resolves be transmitted 
l)y the secretary of the Commonwealth to each of our 
senators and representatives in congress. 

Approved May 5, 18 S3. 

Chap. 36 Resolve in favor of the state normal school at westfield. 

Unsolved, That there be allowed and paid out of the 
treasury of the Commonwealth a sum not exceeding 
twelve hundred and fifty dollars, for repairing the build- 
ing and fencing the grounds of the state normal school at 
Westfield, to be expended under the direction of the 
board of education, as follows: six hundred and fifty dol- 
lars for fencing the grounds, and two hundred dollars for 
painting said fence ; three hundred and fifty dollars for 
shingling the building, and fifty dollars for painting the 
dome of said building. 

[ The foregoing loas laid before the Governor on the second 
day of May, 1883, and after Jive days it had the '•'■force 
of a law," as prescribed by the Constitution, as it was not returned 
by him with his objections tvithin that f«me.] 



Copy to be 
transmitted by 
the secretary. 



Stale normal 
school at West 
field. 



Ohcip. 37 Resolve in favor of the state almshouse at tewksbury. 



state almshouse 
at Tewksbury. 



liesolved, That there be allowed and paid out of the 
treasury of the Commonwealth a sum not exceeding 
thirty-five hundred dollars, as follows, to wit; twenty-one 



1883. — Chapters 38, 39. 



613 



h\indrcd dolJiirs for piiint stock and painting the buildinirs 
of the state ahnshonse at Tewksbury ; nine hundred dol- 
lars for lumber, nails, and extra repairs ; two hundred 
dollars for the alteration of the gas machine, and three 
hundred dollars for new tire escapes ; the same to be ex- 
pended under the direction of the trustees of the state 
almshouse. 

\^The foregoing was laid he fore the Governor on the first 
day of May, 1883, and after five days it had the '■'■force 
of a hiiv" as prescribed by the Constitution, as it was not returned 
by him with his objections within that time,^ 

Resolve in favor of theodore e. davis. CllCip. 38 

BesoJved, That the treasurer and receiver-general be Theodore e. 
and he is hereby directed to pay to Theodore E. Davis, paldfo^pr^ose. 
of Washington, in the District of Columbia, for services a^rtinft^thlT 
and expenses in prosecuting and collecting a claim amount- united states. 
ing to the sum of eleven thousand seven hundred and 
fifty-four dollars and thirteen cents, in favor of the Com- 
monwealth against the United States government, the sum 
of nineteen hundred and sixty-three dollars and twelve 
cents, the same being fifteen per centum of the amount 
collected, for services, and two hundred dollars for 
expenses incurred, said amount to be paid from the 
sum so collected and now in the treasury of the Common- 
wealth. Approved May 14, 1883. 



Resolve to provide for the better protection of the reform- Qliaj). 39 

ATORY prison FOR WOMEN AtlAINST FIRE. 

Itesolved^ That there be allowed and paid out of the Reformatory 
treasury of the Commonwealth, a sum not exceeding ten men?"^"*^^"" 
thousand dollars, to be expended under the direction of 
the commissioners of prisons, for the better protection of 
the reformatory prison for women against fire, as follows : 
five thousand dollars for tinning the ventilating shafts and 
flues, making doorways and providing metal covered 
doors for the same ; two thousand five hundred dollars for 
pipes and sprinklers in the attics ; two thousand dollars 
for water pipes and hydrants ; five hundred dollars for 
■water tank and connecting pipes. 

Apiyroved May 16, 1883. 



614 



1883. — Chapters 40, 41, 42. 



CllCl]). 40 Resolve in relation to signals for the protection of high- 
ways CROSSING RAILROADS AT GRADE. 

Resolved^ That the board of railroad commissioners be 
instructed to investigate the subject of electric and other 
signals for the protection of highways crossing railroads at 
grade, submit the result of their investigations io the rail- 
road corporations of the Commonwealth and report to 
the next general court. Approved May 25, 1883. 



Report to next 
geiitral court 
concerning 
signals at high- 
Wiiys crossing 
railroads at 
grade. 



Chcip. 41 Resolve to authorize the governor and council to sell or 

LEASE CERTAIN RIGHTS OF THE COMMONWEALTH IN LANDS IN THE 
TOWN OF KOWE. 



Rights of Com- 
monwealth in 
lands in Rowe, 
may be leased 
or sold. 



Resolved, That the governor, with the advice and con- 
sent of the council, is hereby authorized to sell or lease so 
much of the rights of the Commonwealth in any lands, 
which it may own or have in its possession in the town of 
Rowe, as in the judgment of the governor and council 
may be necessary to enable the purchasers or lessees to 
build and maintain a railroad along and near the bank of 
the Deerfield River, and to connect with the tracks or 
road bed of the Troy and Greenfield Railroad and Hoosac 
Tunnel. Approved May 25, 1883. 



CllCip. 42 Resolve in favor of the Gettysburg battlefield memorial 

ASSOCIATION. 



In favor of the 
Gettysburg 
Battlifield Me- 
morial Associa- 
tion. 



Uesolved, That tbere be allowed and paid out of the 
treasury of the Commonwealth, to the treasurer of the 
Gettysburg battlefield memorial association, incorporated 
under the laws of Pennsylvania, upon the order of the 
president thereof, a sum not exceeding five thousand dol- 
lars, at such times and in such sums as his excellency the 
governor may direct ; the same to be expended under the 
direction of the president and directors of said associa- 
tion, for the purchase of additional grounds of special 
interest upon the battlefield of Gettysburg, for acquiring 
rights of way as is contemplated by the act incorporating 
said associalio)!, and for preserving and beautifying said 
battlefield : provided, that no part of such sum shall be 
paid until the governor shall be satisfied that such lands 
have been purchased and conveyed to said association. 

Approved May 20, 1883. 



1883. — Chapters 43, 44, 45, 46. 615 

Resolve in favor of the state prison at concord. CllCip. 43 

Resolved, That there be allowed and paid out of the state pnson at 
treasury of the Commonwealth a sura not exceetJing *^'""'=^'''^- 
twenty-eight thousand dollars, to be expended under the 
direction of the commissioners of prisons, at the state 
prison at Concord, for the following puiposes, to wit : 
twenty thousand doUars for the construction of six double 
tenement dwelling-houses, to be i-ented to the officers of 
said prison ; three thousand dollars for the construction of 
coal-sheds ; and five thousand dollars for repairs and alter- 
ations in prison cells and buildings. 

Approved May 29, 1883. 

Resolve in favor of the town of north brookfield. (Jhcip. 44 

Hesolved, That there be allowed and paid out of the Town of North 
treasury of the Commonwealth to the town of North Brook- ^'•°°'^fl«"'- 
field, the sum of three hundred and fourteen dollars and 
sixty-five cents, said sum having been paid by said town 
for the support of jNIary Finn, a state pauper at the Wor- 
cester lunatic hospital. Approved May 29, 1883. 

Resolve providing for the appointment of an agent to pros- CliCip. 45 
ecute certain claims of the commonwealth against the • 

united states. 

Resolved, That the governor, by and with the advice Agent to be ap- 
and consent of the council, is hereby authorized from ecute'ciaim^'^"*' 
time to time to appoint some suitable person to examine uuttedsutea 
and prosecute before any of the executive departments of 
the United States government, any specified account or 
claim of the Commonwealth against the United States, 
excepting any claim for reimbursement of interest paid by 
the state on its war loans ; and in case any amount is re- 
ceived into the treasury of the Commonw^ealth by reason 
of the services rendered by the person so appointed such 
person may be paid in full compensation for services and 
expenses such sum, not exceeding ten per centum of the 
fimount so received, as may be agreed upon in advance 
between the governor and council and the person so em- 
ployed. Approved May 29, 1883. 

Resolves in favor of the Massachusetts agricultural Chap. 46 

college. '^* 

Resolved, That there shall be paid annually, for the term in favor of the 
of four years, from the treasury of the Commonwealth to AgHcuitura"* 
the treasurer of the Massachusetts a2:ricultural college at coiicge. 



616 



1883.— Chapters 47, 48. 



Eighty free 
scholarships 
establibhed. 



Amherst, the sum of ten thousand dollars, to enable the 
trustees of said college to provide for the students of said 
institution the theoretical and practical education required 
by its charter and the law of the United States relating 
thereto. 

liesolved, That annually for the term of four years, 
eighty free scholarships be and hereby are established at the 
Massachusetts agricultural college, the same to be given 
by appointment to persons in this CommonAvealth, after 
a competitive examination, under rules prescribed by the 
president of the college, at such time and place as the 
senator then in office from each district shall designate ; 
and the said scholarships shall be assigned equally to each 
senatorial district; but if there shall be less than two suc- 
cessful applicants for scholarships from any senatorial dis- 
trict such scholarships may be distributed by the presi- 
dent of the college equally among the other districts, as 
nearly as possible ; but no applicant shall be entitled to a 
scholarship unless he shall pass an examination in accord- 
ance with the rules to be established as hereinbefore pro- 
vided. Approved June 2, 18S3. 



Chap. 47 Resolve authorizing the governou and council to transfer 

CERTAIN articles OF FURNITURE TO THE CITY OF BOSTON. 



Certain articles 
of old furniture 
to be transferred 
to the city of 
Boston. 



Resolved, That the governor and council be and they 
are hereby authorized to transfer to the city of Boston 
any old furniture or other articles used in or indentified 
with the old state house. Approved June 2, 1883. 



Chap. 



48 Resolve for obtaining a release to the commonwealth 

BY the troy and GREENFIELD RAILROAD COMPANY OF ITS 
CLAIM UPON THE TROY AND GREENFIELD RAILROAD AND HOOSAC 
TUNNEL. 



To obtain re- 
lease to Com- 
monwealth by 
Troy & Green- 
field Railroad 
Company of its 
claim upon 
Troy & Green- 
field Railroad 
and Iloosac 
Tunnel. 



Resolved, That his excellency the governor is hereby 
authorized and requested, with the consent of the council, 
to conclude a contract between the corporation estab- 
lished as the Troy and Greenfield Railroad Company 
by which the entire right and interest which said corpo- 
ration may have or claim in or to the property known as 
the Troy and Greenfield Kailroad and Hoosac Tunnel, in- 
cluding the Southern Vermont Railroad and the franchises 
to operate such property, shall be released to the Com- 
monwealth either for such a sum of money as may seem 
reasonable to the governor and council, or in exchange 



1883. — Chaptees 49, 50, 51, 52. 



617 



for the obligation and undertaking of the Commonwealth 
to pay over and transfer to said corporation a proportion- 
ate part of the proceeds thereafter received from the sale, 
transfer or use of said tunnel and railroad properties and 
franchises if it can be done upon reasonable terms, to the 
satisfaction of the governor and council. This resolve 
shall not in any way be taken as such an admission of the 
authority of said railroad company to exercise chartered 
rights as to impair the effect of any writ of quo warranto 
or other similar proceeding in relation thereto. 

Approved June 9, 1883. 



Resolvk providing for the printing of extra copies of the (JllCip. 49 

THIRTIETH ANNUAL REPORT OK THE SECRETARY OF THE MASSA- 
CHUSETTS BOARD OF AGRICULTURE. 



Additional 
number of re- 
ports to be 
printed. 



Hesolved, That there be printed three thousand addi- 
tional copies of the " Thirtieth annual report of the 
secretary of the Massachusetts board of agriculture," for 
the use of members of the legislature, to be distributed as 
follows: ten copies to each member of the legislature, 
and the residue under the direction of the clerks of the 
two branches. Apjyroved June 16, 1883. 

Resolve in favor of the state normal school at framingham. OhctV. 50 

Resolved, That there be allowed and paid from the 
treasury of the Commonwealth a sum not exceeding two 
thousand dollars, for the purpose of perfecting a system 
of drainao^e at the Framino-ham normal school, and for 
other necessary repairs ; the same to be expended under 
the direction of the board of education. 

Approved June 16, 1883. 



State normal 
school at Fram- 
ingham. 



OF ONE HUNDRED ADDI- CllCip. 51 
E PROVINCIAL LAWS. 



Resolve providing for the printing 

TIONAL copies of volume TWO OF TH 

Hesolved, That the commissioners on provincial laws Additional cop- 
are hereby authorized to print one hundred additional jps of volume 

n " . I. . . two of the pro- 

copies of volume two of the provincial laws, at an expense vinciaiiawB. 

not exceeding two hundred and fifty dollars. 

Approved June 16, 1883. 



Resolve in favor of the state lunatic hospital at danvers. 

Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth, to the trustees of the 
state lunatic hospital at Danvers, the sum often thousand 



Chap. 52 

State lunatic 
hospital at 
Danvers. 



618 



1883. — Chaptees 53, 5i, 55. 



Chap. 



dollars, for the current expenses of said hospital during 
the year eighteen hundred and eighty- three. 

Ajyjyroved June 16, 1883. 

53 KeSOLVE in favor of JOHN M. GALVIN, FOR WORK DONE ON THE 

HOOSAC TUNNEL. 

John M. Gaivin. Hesolved, That there be allowed and paid out of the 
treasury of the Commonwealth to John M. Gaivin the 
sum of four thousand eight hundred and thirty-six and 
fifty one-hundredths dollars, for loss sustained by him 
under a contract with the Commonwealth for work done 
in the Hoosac Tunnel. Approved June 23, 1883. 



Chap. 



54 Resolves to provide for the reception and entertainment of 
distinguished guests. 



Ervtertniiiment 
of distinguished 
guests, attend- 
ing exhibition, 
etc. 



Resolved, That a sum not exceeding three thousand 
dollars be allowed and paid out of the treasury of the 
Commonwealth, to be expended under the direction of the 
governor and council, for the proper reception and enter- 
tainment of distinguished guests who may attend the 
exhibition of the New England manufacturers' and me- 
chanics' institute to be opened in the city of Boston on the 
first Wednesday in September next. 

Resolved, That a sum not exceeding three thousand 
dollars be also allowed and paid out of the treasury of the 
Commonwealth to be expended under the direction of the 
joint committee already appointed under a resolve passed 
the present session, for the reception and entertainment of 
distinguished guests who shall attend the American exhi- 
bition of foreign products, arts and manufactures. 

\_The foregoing was laid before the Governor on the thirteenth 
day of June, 1883, and after jive days it had the '■'■force of a law" 
as prescribed by the Constitution, as it was not returned by him 
with his objections within that time.^ 

Chap. 55 Resolve providing for repairs and improvements in the state 

HOUSE. 

Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth, a sum not exceeding nine 
thousand five hundred and fifty dollars, for repairs, im- . 
provements and furniture, in the state house, to be 
expended under the direction of the sergeant-at-arms and 
the commissioners on the state house. 

Approved June 28, 1883. 



Rf'pairg nnd im- 
provements in 
state house. 



1883. — Chaptees 56, 57, 58, 59, 60. 



619 



Resolve GRANTING TO PATTY YOSE CERTAIN LANDS IN SIIERBORN. (JIkLJ). k)^S 

Resolved, That this Commonwealth hereby grants to Grant of land to 
Patty Yose, of Framinghara, all its right, title and inter- ''"^ 
est in certain tracts of land situated in Sherborn, of which 
George W. Howard, late of said Sherborn, died seized 
and possessed, and which for want of heirs wonld escheat 
to the Commonwealth. Approved June 28, 1883. 

Resolve in favor of the widow of richman h. potter. Cliap. 57 
Resolved, That there be allowed and paid out of the in favor of^ 
treasury of the Commonwealth, to the widow of Kichmun man n. Poucr." 
H. Potter, late a member of the house of representatives, 
the amount of salary and mileage to which he would have 
been entitled had he lived to the close of the present 
session. Approved June 28, 1883. 

Resolve in addition to the resolve for the encouragement Chap. 58 

OF THE AMERICAN EXHIlilTlON OF FOKEIGN PRODUCTIONS, ARTS 
AND MANUFACTURES. 

Resolved, That the president of the senate and speaker Committee to 
of the house of representatives be joined to the special i;em'rai m'an.' 
committee, appointed under a resolve passed the present 
year, to C0()[)erate with the general managers of the 'Amer- 
ican exhibition of foreign pi-oductions, arts and manufact- 
ures, in such manner as shall best subserve the interests 
and contribute to the success of said exhibition. 

Approved June 28, 1883. 



agers of exhibi- 
tion. 



Extra copies of 
" Blue Book " 
for 1S83, to be 
printed. 



Resolve providing for printing extra copies of the blue Chap. 59 

BOOK for the year EIGHTEEN HUNDRED AND EIGHTY-THREE. 

Resolved, That there be printed, for the use of the 
members of the present legislature, fifteen hundred ad- 
ditional copies of the " blue book" for the year eighteen 
hundred and eighty-three, to be distributed as follows : 
five copies to each member of the legislature, and the 
residue under the direction of the clerks of the two 
branches. 

[ The foregoing was laid before the Governor on the twenty- 
third day of June, 1883, and after fim days it had the ^'- force 
of a law," as prescribed by the Constitution, as it was not returned 
by him icith Jiis objections within that time.'] 

Resolve in favor of the state prison at concord. Chap. 60 

Resolved, That there be allowed and paid out of the nweiiins- 
treasury of the Commonwealth a sum not exceeding three pr 



lionses at state 
irisun. 



020 



1883. — Chapters 61, 62. 



i>tate work- 
hwuse to be re- 
built at Biidge- 
water. 



thousand dollars, for the construction of double-tenement 
duelling-houses at the state prison at Concord, as author- 
ized by chapter forty-three of the resolves of the present 
year ; said amount being in addition to the amount 
authorized by said resolve, to be expended under the 
direction of the commissioners of prisons. 

Ajyproved July 20, 1883. 

Chcip. 61 Resolve to provide for the re-building of the state work- 
house AT BRIDGEWATER. 

Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth, a sum not exceeding fjffy 
thousand dollars, for the purpose of erecting such build- 
ing's at Bridgewater as may be necessary in place of the 
state workhouse destroyed by fire on the seventh day of 
July in the year eighteen hundred and eighty-three. And 
also a sum not exceeding ten thousand dollars for furnish- 
ing the buildings uhen so erected : 2)rovide(] , hoicever, that 
the governor and council shall judge the erection of such 
buildings during the current year to be necessary or ex- 
pedient. AH buildings ercctcdshall be built substantially 
in accordance with plans submitted by the joint special 
committee on the state workhouse at Bridgewater ; and 
they shall be contracted for, erected and furnished by, 
and said sums shall be ex{)ended under the direction of, 
the trustees and superintendent of said workhouse, and 
the plans and specifications for such buildings shall be ap- 
proved by the governor and council previous to the mak- 
ing: of a contract for the erection of the same. 

Approved July 27, 1883. 

Chcip. 62 Resolve in favor of the clerks of the senate and house of 

representatives. 

liesolvedy That there be allowed and paid out of the 
treasury of the Commonwealth, to the clerk of the senate 
five hundred dollars, and to the cleik of the hiAise of 
representatives five hundred dollars, the same being in 
addition to the salaries of those officers for the 3 ear 
eighteen hundred and eighty-three. 

'[This Hesolce, returned by the Governor to the Senate in 
which it originated, with his ohjections thereto, icas passed in 
concurrence by the Senate and House of Be^resentatioes, the 
objections of the Govenor nottvithstanding, on the 27th day of 
Jnly, 1883, in the manner j^r&scribed by the Constitution, and 
thereby had the ^^ force of a Zait'."] 



Clerks of senate 
and house of 
representatives. 



Amendment to the Constitution. 



621 



proposed amendment to the 
constitutio:n'. 



The following proposed Article of Amendment to the Article of 
Constitution of'this Commonwealth has been officially cer- tXTomuuiion, 
titled and deposited in the Secretary's Department, as proposed. 
required by chapter 2, sect. 32 of the Public Statutes, and 
if agreed to by the General Court next to be chosen, in 
the manner provided by the Constitution, must be sub- 
mitted to the people for their ratification or rejection : — 

Resolve providing for m-ExxiAL elections, and for bi-ennial 

SESSIONS OF TUE GENERAL COURT. 

Resolved, By both houses, That it is expedient to alter 
the Constitution of this Commonwealth by the adoption of 
the subjoined article of amendment; and that the said 
article, being agreed to by a majority of the Senators and 
two-thirds of the members of the House of Representa- 
tives present and voting thereon, be entered on the jour- 
nals of both houses, with the 3'eas and nays taken thereon, 
and referred to the General Court next to be chosen ; and 
that the said article be published, to the end that if agreed 
to in the manner provided by the Constitution, by the 
General Court next to be chosen, it may be submitted to 
the people for their approval and ratification, in order that 
it may become a part of the Constitution of the Common- 
wealth. 

ARTICLE OP AMENDMENT. 

Senators and Representatives shall hold their respective Termsof offices 
offices for terms of two years, beginning with the tirst 
AVednesday in the January succeeding their election and 
continuing until the day appointed for the assembling of 
the next succeeding General Court. 

The Governor, Lieutenant-Governor, and Councillors 
shall hold their respective offices for two years next fol- 
lowing the first AVednesday in the- January succeeding 



622 



Amendment to the Constitution. 



Bi ennial elec- 
tions. 



Bi-eniiial ses. 
sions of the 
General Court. 



Extra sessioDB. 



their election, and until others are chosen and qualified in 
their stead. 

The Secretary, Treasure;" and Receiver-General, Audi- 
tor, and Attorney-General shall hold their respective 
offices for two years, beginning with the third Wednesday 
in the January succeeding their election, and until others 
are chosen and qnalified in their stead. 

A person shall be eligible as Treasurer and Receiver- 
General for three successive terms, and no more. 

The first election to which this article shall apply shall 
be that held on the Tuesday next after the first Monday in 
November in the year eighteen hundred and eighty-four, 
and thereafter elections for the choice of all the officers 
before mentioned shall be held bi-ennially on the Tuesday 
next after the first Monday in November. 

The General Court first chosen under the provisions of 
this article shall assemble on the first Wednesday in Jan- 
uary in the year eighteen hundred and eighty-five, and 
thereafter the General Court shall assemble bi-ennially on 
the first Wednesday in Jannary ; and each General Court 
shall, without any proclamation or other act of the Gov- 
ernor, be dissolved on the day next preceding the day so 
appointed for the assembling of the next succeeding Gen- 
eral Court ; but nothing herein contained shall prevent the 
General Court from assembling at such other times as it 
shall adjudge necessary, or at any times when it shall be 
called together by the Governor. 

All the provisions of the existing Constitution inconsis- 
tent with the provisions herein contained are hereby an- 
nulled. 

House of Representatives, March 28, 1883. 

The foregoing Article of Amendment is agreed to, two- 
thirds of the members of the House of Representatives 
present and voting thereon, having voted in the affirma- 
tive ; and the same is referred to the General Court next 
to be chosen. Geo. A. Marden, /Speaker. 



Senate, Ai^ril 4, 1883. 

The foregoins: Article of Amendment is agreed to, a 
majority of the Senators present and voting thereon hav- 
ing voted in the affirmative ; and the same is referred in 
concurrence to the General Court next to be chosen. 

George G. Crocker, President. 



Resolutioxs. ^>23 



RESOLUTIONS. 



Resolution relative to the tekmination of certain articles 

OF the treaty of WASHINGTON. 

Resolved, That justice to the fishermen and the fishing Termination of 
interests of the country, which interests previous to the mwided!'^"'" 
passage of the treaty of eighteen hundred and seventy- 
three were under the fostering care of the government, 
demand that articles eighteen to twenty-one, inclusive, of 
the treaty concluded l)etvveen the United States and the 
government of Great Britain, on the eighth day of May, 
eighteen hundred and seventy-three, should be terminated 
at the earliest possible period. 

Resolved, That a copy herewith be transmitted to each 
of our senators and representatives in congress. 

In House of liepresentatives, adopted Feb. 5, 1883. 

In Senate, adopted in concurrence, Feb. 9, 1883. 

Resolution relative to the french spoliation claims. 

Resolved, That the senators and representatives of Mas- French claims, 
sachusetts, in the United States congress, are requested 
to use their best endeavors to secure the passage of the 
Senate French Spoliation Claims bill during the present 
session of congress. 

Ill House of Representatives, adopted Feb. 21, 1883. 

In Senate, adopted in concurrence, Feb. 28, 1883. 

Resolution concerning the employment op convict labor 
upon the works or property of the united states. 

Resolved, That the senators and representatives of Mas- Employment of 
sachusetts, in the congress of the United States, "are npun'wdrksof 
requested to use their best efforts to secure the passage of 
a law to prohibit the employment of convicts, or persons 
restrained of their liberty, upon works or property of the 
United States. 

In Hotise of Representatives, adopted Feb. 26, 1883. 

In Senate, adopted in concurrence, March 1, 1883. 



U.S. 



624 



Resolutio:n^s. 



Gratitude for 
tbe services and 
faitli in the in- 
tegrity of Oakes 
Ames. 



and honesty, 
or any other 



Resolution relating to the resolutions of the forty-second 

CONGRESS censuring THE HON. OAKES AMES. 

Resolved, In view of the great services of Oakes Ames, 
representative from the Massachusetts Second Congres- 
sional District for ten years ending March 4, 1873, in 
achieving the construction of the Union Pacilic Railroad, 
the most vital contribi tion to the integritj^ and growth 
of the national Union since the war; 

In view of his unflinching truthfulness 
which refused to suppress, in his own 
interest, any fact, and so made him the victim of an 
intense and misdirected public excitement and subjected 
him to a vote of censure by the Forty-Second Congress at 
the close of its session ; 

And in view of the later deliberate public sentiment, 
which, upon a review of all the facts, holds him in an 
esteem irreconcilable with his condemnation, and which 
throughout the whole country recognizes the value and 
patriotism of his achievement and his innocence of cor- 
rupt motive or conduct : 

Thei-efore, the legislature of Massachusetts hereby 
expresses its gratitude for his work and its faith in his 
integrity of purpose and character, and asks for like 
recognition thereof on the part of the national congress. 

In Senate, adopted April 23, 1883. 

In House of Representatives, adopted in concurrence May 7, 
1883. 



The General Court of 1883, during its annual session, passed two 
hundred and thirty-five Acts and fifty-three Resolves, which received 
the approval of His Excellency the Governor, and four Acts which 
received the approval of His Honor the Lieutenant-Governor. In 
addition to these, the following Acts and Resolves were laid before 
the Governor which failed to receive his approval ; but as they were 
not returned by him with his objections within five days after re- 
ceiving the same, and the legislature did not adjourn in the mean- 
time, said Acts and Resolves had force of law under the provisions 
of the Constitution, and have been so certified : — 

An Act making appropriations for certain educational expenses. 
(Ch. 9.) 

An Act making appropriations for sundry charitable expenses. 
(Ch. 22.) 

An Act relating to the printing and distribution of the Legislative 
Manual. (Ch. 55.) 



Acts and Resolves, Etc. 025 

An Act to confirm certain ao;reements and leases made between the 

Cambridge Railroad Company, the Union Riilway Company, 

the Middlesex Railroad Company and the Somerville Horse 

Railroad Company. (Ch. 56.) 
An Act to establish the salary of the Clerk of the First District Court 

of Plymouth. (Ch 57.) 
An Act to authorize the union of the Eistern Junction, Broad Sound 

Pier and Point Shirley Railroad Compan3% the Bo^t n, Win- 

throp and Point Shirley Railroad Company and the Boston 

and Winthrop Railroad Company. (Ch. 58.) 
An Act relating to applications for, and the granting of, licenses to 

sell intoxicating liquors. (Ch. 93.) 
An Act relative to the trial of juvenile offenders. (Ch. 110.) 
An Act to establish the salary of the Justice of the Municipal Court 

of the West Roxbury district of the city of Boston. (Ch. 111.) 
An Act to provide for the punishment of persons present at games or 

sports in common gaming-houses. (Ch 120.) 
An Act to extend the time for the transfer of land on the Back Bay 

in Boston, for the use of the State Normal Art School. (Ch. 

128.) 
An Act to authorize the Worcester & Nashua Railroad Company to 

unite with the Nashua & Rochester Railroad. (Ch. 129.) 
An Act to change the name of the Quannapowitt Water Company, 

and to authorize said cor2;)oration to issue bonds and to secure 

the same by mortgage. (Ch. 139.) 
An Act to incorporate the Farmers' and Mechanics' Savings Bank of 

South Fr.imingham. (Ch. 150.) 
An Act making appropriations for the completion of the double 

tracking of the Troy & Greenfield Railroad and Hoosac 

Tunnel. (Ch. 170.) 
An Act to incorporate the Palmer Water Company. (Ch. 171.) 
An Act to incorporate the Sharon Water Company. (Ch 177.) 
An Act authorizing the Walter Heywood Chair Company to hold 

certain real estate in the city of New York. (Ch. 194.) 

An Act authorizing the American Bell Telephone Company to hold 

stock in certain corporations. (Ch. 200.) 
An Act relative to the election of assessors and overseers of the poor 

in towns. (Ch. 208.) 
Au Act making appropriations for salaries and expenses at the State 

Workhouse at Bridgewater. (Ch. 207.) 
An Act making an appropriation for the contingent expenses of the 

Commissioners of Prisons. (Ch. 208.) 
An Act making an appropriation for the travelling expenses of the 

Commissioners of Prisons and the Secretary thereof. (Ch. 

209.) 
An Act making appropriations for salaries and expenses at the State 

Industrial School at Lancaster. (Ch, 210.) 
An Act making appropriations for salaries and expenses at the State 

Reform School at Westborough. (Ch. 211.) 
An Act making an appropriation for the expenses of the trustees of 

the State Primary and Riiform Schools. (Ch. 212.) 



026 Acts axd Resolves, 

An Act making appropriations for the assistance of female convicts 
discharged from the prisons of tliis Commonwealth. (Ch. 21:1) 

An Act making appropriations for salaries and expenses at the State 
Primary School at Monson. (Ch. 214.) 

An Act making appropriations for the assistance of convicts dis- 
charged from the State Prison at Concord, (Ch. 215.) 

An Act to allow the International Trust Company to accept trusts 
under wills and for other purposes. (Ch. 222.) 

An Act granting jurisdiction in equity to the Superior Court. (Ch. 
223.) 

An Act relating to the employment of children in manufacturing and 
other establishments. (Ch. 224.) 

An Act to prevent the use of unlawful measures. (Ch. 225.) 

An Act making appropriations for salaries and expenses at the State 
Almshouse at Tewksbury. (Ch. 226.) 

An Act authorizing the Bay State Telephone Company to increase its 
capital slock. (Ch. 238.) 

An Act concerning the Massachusetts School for Idiotic and Feeble- 
minded Youth. (Ch. 239.) 

An Act to authorize the town of Hopkinton to purchase first-mortgage 
bonds of the Hopkinton Railroad Company and to raise money 
for that purpose. (Ch. 240.) 

An Act to enable Fire District Xo. 1 of Greenfield to increase its 
water supply. (Ch 247.) 

An Act in addition to an Act of the present year to extend the time 
within which savings banks and institutions for savings may 
sell certain real estate now held by them. (Ch. 248.) 

An Act in addition to "An Act making appropriations for expenses 
authorized the jiresent year, and for other purposes." (Ch. 
271.) 
• Resolve in relation to Loan and Trust companies. (Ch. 14.) 

Resolve for covering into the treasury the amounts standing to the 
credit of the accounts of dividends of insolvent insurance com- 
panies and dividends of insolvent savings banks. (Ch. 19.) 

Resolve for the encouragement of industrial art in the common 
schools. (Ch. 30.) 

Resolve to provide for leasing the Deacon House estate in Boston for 
the use of the Normal Art School. (Ch. 31.) 

Resolve in favor of the State Normal School at Westfield. (Ch. 36.) 

Resolve in favor of the State Almshouse at Tewksbury. (Ch. 37.) 

Resolves to provide for the reception and entertainment of distin- 
guished guests. (Ch. 54.) 

Resolve providing for printing extra copies of the Blue Book for the 
year eighteen hundred and eighty-three. (Ch. 59.) 

The following Acts and Resolves, passed by the General Court, 
were laid before the Governor for his approval, and returned by him 
to the branch in which they respectively originated, with his objec- 
tions thereto ; were reconsidered, agreeably to the provisions of the 
Constitution, and the vote being taken on passing the same, the 



'Not Approved by the Goveenor. 027 

objections of the Governor to the contrary notwithstanding, they 
were rejected, two-thirds of the members present and voting thereon 
not having voted in the aflS.rmative. 

An Act to incorporate the Union Safe Deposit Vaults. 

An Act making appropriations for expenses of the various charitable 

and reformatory institutions, and for other pui-poses. 
An Act allowing the Somerville Wharf and Improvement Company 

further time to organize. 
An Act to enlarge the jurisdiction of notaries pul)lic. 
An Act to extend the charter of the Ocean Terminal Railroad, Dock 

antl Elevator Company, and to revive, confirm and extend the 

charter of the Ocean Terminal Railroad Company. 
An Act concerning the election of aldermen in the city of Boston. 
An Act to authorize the county commissioners of Plymouth County 

to enlarge and remodel the House of Correction at Plymouth. 
An Act to incorporate the Newton Associates. 
An Act to incorporate the Brockton Real Estate and Improvement 

Company. 
An Act to authorize cities, towns, fire districts, water and aqueduct 

companies, to hold water for sale, and to sell the same to other 

cities, towns, fire districts and individuals. 
An Act to apportion and assess a state tax of two million dollars. 
Resolve in favor of Walter Shanly. 

A Resolve in favor of the Clerks of the Senate and House of Repre- 
sentatives, returned by the governor to the Senate with his objec- 
tions thereto, was passed in concurrence by the Senate and House 
of Representatives, the objections of the Governor nothwithstanding, 
on the twenty-seventh day of July, in the manner prescribed by the 
Constitution, and thereby had the force of a law. 

An Act making an appropriation for additional compensation for 
the Clerks of the two branches of the Legislature, and a Resolve in 
favor of the Sergeant-at-Arms, laid before the Governor on the 27th 
of July, were not approved by him, and did not acquire force of law, 
as the Legislature adjourned within five days thereafter. 

The General Court was prorogued on Friday, July 27, the session 
having occupied two hundred and six days. 



G28 Govehnok's Address. 



INAUGURAL ADDRESS. 



HIS EXCELLENCY BENJAMIN F. BDTLER. 



At one o'clock on Thursday, the fourth day of January, 
His Excellency the Governor, accompanied by His Honor 
the Lieutenant-Governor, the members of the Executive 
Council,* and officers of the civil and military departments 
of the government, attended by a joint committee of the 
two houses, met the Senate and House of Ecpresentatives, 
in Convention, and delivered the following 

ADDRESS. 

Gentlemen of the Senate 

and of the House of Representatives. 

Li accordance w^ith a uniform usage, begun in the 
earliest times and now sanctioned by law, the " Supreme 
Executive Magistrate " of the Commonwealth is permitted 
at this time and place to address to the two bodies of the 
leo:islature such sutrgestions, views and recommendations 
as he may be advised to do, for their consideration and 
action. 

It has also been usual in so doing to present at first a 
statement of the financial condition of the Commonwealth 
and of the several public funds appearing upon the books 
of its Treasurer and Receiver-General. 



Governor's Address. 



G21) 



As the incominor Executive can have no other and differ- 
ent knowledge than is furnished by that officer upon these 
topics, I content myself by giving you a statement fur- 
nished by him as follows : — 

Table 1. 
STATEMENT OF LIABILITIES. 

Massachusetts Bonds outstandix\g December 19, 1882. 



Dollar Bonds 

Bounty Fund Loan, .... 
Coast Defence Loan, .... 
Danvers Lunatic Hospital Loan, 
Harbor Improvement Loan, . . 
Troy and Greenfield Railroad Loans, 
Worcester Lunatic Hospital Loan, . 

Total dollars, .... 



$4,579,.500 00 

888,000 00 

1,500,000 00 

300,000 00 

3,586,500 00 

1,100,000 00 

$11,904,000 00 



Sterling Bonds. 

Boston, Hartford, and Erie Railroad 

Loan, £743,600 =z 

Bountv Fund Loan, .... 826,600 — 

State Prisons Loan 267,000 = 

Troy and Greentield R. R. Loans, 
War Loan, 



Total sterling, 



^3,618,729 40 
4,022,648 90 
1,299,355 50 



2,190,800 = 10,661,528 20 
206,600 = 1,005,418 90 



£4,234,600 =$20,607,680 90 



Total debt, reduced to dollars, 



32,511,680 90 



G30 



Governor's Address. 



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Governor's Address. G31 

Table 3. 

GENERAL RESULTS OF SINKING AND TRUST FUNDS. 

Total Funds December 19, 1882, .... ^20,536,55061 
Total Funds December 31, 1881, .... 17,110,96394 

Gain, $3,425,586 67 

Of this there is due to Exchange of Stock for 
Bonds of Railroads: — 
New York and New England, $1,737,000 00 
Boston and Albany, . . 829,051 09 
Due to land sales, &c., . . 59,576 90 

' 2,625,630 99 



Gain from investments, $799,955 68 



Of the gain above, there belongs, — 

To Sinking Funds, $2,927,048 83 

To Trust Funds, 498,537 84 

$3,425,586 67 



The gain in the Trust Funds is wholly from the Boston and Albany 
Railroad exchange. 

The gain from investments is confined to the Sinking Funds, as the 
income of the Trust Funds is applied to the purposes of the trusts, 
and does not enter into these statements. 

The gain in Sinking Funds is $2,927,048 83 

Due to exchange of Railroad Securities, Land Sales, 

&c., 2,127,093 15 

Gain from investments, $799,955 68 



Amount of Sinking Funds eTanuary 1, 1882, . . $14,080,465 80 
Aj^proximate rate of income from investments, . 05| 

I may in a special communication hereafter call to the 
attention of the legislature such matters relating thereto, 
as more full and accurate examination may make 
advisable. 

There is another matter intimately connected with the 
financial condition of the Commonwealth concerning which 
it would seem convenient that the same course should be 
taken. 

The expenditures upon the Hoosac Tunnel and the 
Troy & Greenfield Railroad, which apparently are more 
than equal to two-thirds of the public debt ; the financial 
condition of these state concerns, their management, and 
what ought to be the course of locfislation and executive 



632 Governor's Address. 

adniinistnition in regard to them will, therefore, hereafter 
be made the subject of a special message. 

In passing this topic it is peimlssible to say that after 
an investment costing the State more than $22,078,689.21 
in a commercial and trading enter[)rise, which in its 
inception and prosecution was promised to. be of great 
advantage to the State, it now appears that the Eailroad 
and Tunnel find themselves to be in such condition as not 
to be self-supporting even, but leaving in the past year a 
small deficit to be provided for by taxation for expenses 
only. 

FREE AND EQUAL SUFFRAGE. 

There is one subject which is of so great importance to 
the people of the Commonwealth and to the best interests 
of the country, that I crave your patience if I present my 
views upon it at some length : 

Free and equal suffrage to all who by the qualification 
of naturalization and the constitutional one of education, 
have the right to take part in the government of their 
State and country. 

To this right and immunity of citizens of the United 
States, there should be no legal hindrance and specially 
the pre-requisite of paying a capitation tax. 

I believe in such a tax as a duty of the citizen, but not 
as a qualification to his sutFrage. Every man ought to 
pay, accordingto his ability, his just share of the burden 
of maintaining the government which protects himself, 
his family and his propertj^ and which afi'ords the means 
of education to his children. But the penalty for non- 
payment should not be disfranchisement and loss of 
citizenship ; that is too severe, and in all civilized coun- 
tries is only attached to the highest crimes. But above 
all, it should not be imposed when such tax has not been 
assessed upon him so that he can pay it, as is now the 
law of our State. 

It is the duty of every man to attend and take part in 
every election, and by his vote to give his assent to the 
laws which may be passed by his chosen representative ; 
for all governments derive their "just powers from the 
assent of the governed." 

This duty of a freeman was enforced by our fathers in 
the earliest Colony time. In 1660, towns in Massachu- 
setts passed and enforced the following by-law : — 



Goveenor's Addeess. G33 

" It is likewise ordered tliat if any man wlio is warned to any 
town meeting be not tliere wlien he is called, he shall be liable to 
pay 6d. If he come not at all 13d. Nor shall any depart without 
leave upon the like penalty." 

IIow different are the provisions of law now by whicii 
the State practically offers a bounty of from one to two 
dollars to any citizen who will stay away from town 
meeting ! 

By an act of legislation, now, all the state and county 
taxes are assessed upon the polls under a limitation by 
law as to the amount. In my judgment "the poll-tax" 
as it is commonly called, should be assessed by the cities 
and towns for their proper benefit only, and not as a state 
and county tax. Under our laws, there is a direct 
interest in the towns not to assess the poll-tax, for three 
years in any five lest the payer should obtain by payment 
a settlement therein, ^. e., a right to be supported by the 
town ; a poll-tax being for the State, the town would 
directly receive nothing from such taxation. This induce- 
ment is now much stronger, as an alien may thus obtain 
such settlement who would otherwise be a state pauper. 
I therefore recommend a change in the law of assessment 
of the poll-tax, which is undoubtedly within the com- 
petency of the legislature, that the poll-tax should be 
assessed as part of the city or town tax for their use only. 
That would induce the towns to use diligence iu assessing, 
and their collectors in collecting the poll-tax, which, 
g(jing to the town, would be the contribution of the poll- 
tax payer towards the education of his children, and in so 
far an equivalent for his settlement. 

I would further recommend that this tax should be 
assessed as now on the first day of May, and a separate 
warrant for its collection be issued to the collector as early 
as the thirtieth day of May, and that by law the collector 
should be required to make a return of such warrant by 
the fifteenth day of August ; stating iu his return what 
efforts he has made to collect each separate tax, if uncol- 
lected ; and the reasons, if any, why not collected; and 
that he has exhausted all legal means for such collection. 

By this course the tax would be paid during the sum- 
mer season when the laboring man could pay it with the 
least difficulty, instead of the fall or winter months when 
labor is less remunerative and the expenses for fuel and 
clothing for the family much more pressiug. 



631 GovEEK'Oii's Address. 

Such change of time of collecting: the tax would relieve 
our elections, and our State from a practice which has 
obtained of late, of committees of the respective political 
parties paying the poll-tax for voters, in order to have the 
voter registered, who it is supposed will vote with those 
who pay his tax. 

No more vicious practice could possibly exist. It 
debauches the voters, debases the payer, corrupts political 
action, and is certain to be the initial to other and further 
corruptions in elections 

Beside, it dwarfs and belittles the right of suffrage. 

Is there not some justification for the committee man to 
say, " If the State bribes the voter with one dollar not lo 
do his duty as a citizen, may I not give him the same sum 
to do his duty?" If the State puts that great franchise 
up for sale at a dollar, is there not some excuse for the 
voter when he has bought his vote of the State for a dol- 
lar, to sell it at two dollars? 

I can have but little doubt that all men, of whatever 
class of political thought, will agree with me as to the 
propriety of the changes I have indicated in the law 
requiring the assessment and collection of the pt)ll-tax. 

It will be seen at once that by such a mode of assessing 
and collecting the poll-tax, if the law stops here, every 
poll-tax payer would be disfmnchised, because the third 
article of the amendments to the Constitution makes the 
payment of a state and county tax within two years a pre- 
requisite qualification for voting, except as therein pro- 
vided. Therefore the legislature must go farther, and, 
under the provisions of the same article of the Constitution, 
" exempt by law such citizens as are assessed a poll-tax 
only by towns and cities, from any state or county tax- 
ation." Being so exempt by law, such citizens would be 
within the exemption of the same article of the amend- 
ments, which is in these words : — 

" And also every citizen, who shall be by law exempted from tax- 
ation, who shall he in all otlier respects qualified as above mentioned, 
sh.ill have a right to vote in such election of governor, lieutenant- 
governor, senators and representatives." 

It is quite true that some vague opinions have obtained 
without investigation of the subject : that under our Con- 
stitution a state or county tax must be paid to enable the 
citizen to vote ; and so it must be, unless the citizen is 



Governor's Address. ' 635 

exempted by law from paying such tax. But it seems to 
me to 1)0 quite clear as a proposition of constitutional law, 
that if the poll-tax payer is exempted by law from taxa- 
tion, — i. e., state and county taxation being the only 
taxation mentioned in that article, or elsewhere in the 
Constitution, — he being otherwise c[ualified, such citizen 
has by the very terms of the Constitution a right to vote. 

We might come to that happy condition when from 
licenses and other indirect taxation, our state and county 
expenses being paid, we should not require to levy either 
a state or county tax upon the citizen or his property. 
This is already done in part. In such case would any one 
claim that where no tax was levied at all, there were no 
voters in Massachusetts, all being disfranchised under the 
tirst clause of Article III. ? 

Suppose the legislature should enact that no state or 
county taxes should be levied in a given year, as it may 
do, and I hope with due economy in state and county 
expenditures at some time will do, would such a law 
operate as a disfranchisement of all our voters, or an 
exempiion of our citizens from taxation? 

I am most fully persuaded that all patriotic men will 
agree with me in the desirability, at as early a day as 
possible, of establishing free sufl'rage to all citizens, wilh 
proper guards against frauds in its exercise, in Massachu- 
setts, which makes its free institutions its proudest boast, 
if it can be done without violation of any inhibition of 
the Constitution. 

If there should be doubt as to the constitutionality of 
the proposition I have made, this much desired end can 
be obtained by another legal method which has been twice 
decided by the supreme court of the State to be constitu- 
tional. 

At the time of the enactment of the third article of the 
Constitution in regard to sufirage, it had been the habit of 
our fathers in the annual tax-act, which was then the 
method of authorizing the assessment of taxes, to exempt 
by law from taxation, classes of persons such as ministers 
of the gospel, instructors in public seminaries, and the 
like persons to whom such exemptions had been granted 
by law, "as one mode of making up their compensation 
for services." 

Let, therefore, a nominal poll-tax for state purposes be 
assessed as now on the polls of the citizens, and then if 



Gd6 ' Goveknor's Address. 

any citizen chooses to pay it, by doing his duty as a citi- 
zen by voting, let that act be a discharge and payment of 
such tax. 

That would be a payment "in kind" by the freeman 
doing his duty as our fathers required him to do it, by 
tining him if he did not attend town meeting, as we have 
already seen. 

This construction of the Constitution has been twice 
passed upon by the supreme court. First in 1833, re- 
ported in the 11th Pickering, p. 538, which decision was 
afSrmed in 1843 in an opinion of the justices of the 
supreme court in the 5th Metcalf, p. 591. The court 
there says that, — 

" Although this class of persons exempted by law has been dimin- 
ished by succeeding legislation, it does not alter the meaning of the 
Constitution in this respect." 

In other words, the Constitution, by the exception in the 
third article, Avhich I have already cpioted, put it in the 
power of the legislature to say what classes of persons 
should be exempted from state and county taxation in 
consideration of their employment or position in life, as 
the legislature could exempt i'rom military and jury dut}', 
which is a tax upon all citizens, such citizens as, for rea- 
sons controlling the legislative judgment, seemed to it 
proper. 

May I be permitted, respectfully but firmly, to impress 
upon you the very great necessity for this change ? Free 
suffrage is a right and immunity guaranteed l)y the Con- 
stitution of the United States, and enforced by a penalty 
upon any State that shall refuse it to a citizen of the 
United States who is also a citizen of that State. 

The XlYtli article of amendments declares : 

" No state shall make or enforce any law which shall abridge the 
privileges and immunities of a citizen of the United States, nor deny 
to any person within its jurisdiction the equal protection of its laws." 

Is not the right to give his vote in the election of his 
rulers, and in the enactment of the laws which shall govern 
him, l)y every theory of our government, one of the 
"privileges and immunities" of a citizen of the United 
States, he complying with all laws regulating the exercise 
of that immunity and privilege, which extend to all alike? 



Goyeknor's Addrp:ss. 637 

In practice, does not a property or tax qualification 
upon the voter bear unequally and unju:5tly upon him? 
If a small sum be made a prerequisite, then, with perfect 
parity of reasoning, a large sum may be imposed, which 
would put this franchise of freedom in the hands of the 
few only, who can then say, as the Roman captain 
answered to the apostle, "With a great sum obtained I 
this freedom ; " and no Paul can proudly reply, "But I 
was free born ! " 

If any should doubt whether the right of voting is one 
of the "privileges and immunities" secured by the first 
section of the XlVth article of the Constitution, let him 
read the second section of the same article : — 

"But when the right to vote at any election for the choice of 
electors for president and vice-president of the United States, repre- 
sentatives in congress, the executive and judicial officers of a state, 
or the legislature thereof, is denied to any of the male inhabitants of 
such state, being twenty-one years of age and citizens of the United 
States, or in any way abridged, except for participation in rebellion 
or other crimes, the basis of representation shall be reduced in the 
proportion which the number of such male citizens shall boar to the 
whole number of such citizens twenty-one years of age in such 
state." 

The second section thus puts a penalty, i. e. , the loss 
of representation in congress, upon any State which shall 
in any way abridge the right of a citizen of the United 
States twenty-one years of age and upwards to vote, 
showing conclusively that voting is one of the " privileges 
and immunities" which the first section declares no State 
shall make or enforce any law to abridge. 

Passing by the undisputed question of its justness, let 
me advert to another consideration. 

I have said already that this measure seemed to be 
necessary for the well-being of the State and country. 
The United States census of May 1st, 1880, shows that 
there were in Massachusetts 502,(318 male persons above 
the age of twenty-one years, and the rate of increase will 
now give us 535,692, out of 1,783,085 inhabitants. The 
largest vote ever cast in the State, in November of the 
same year, was for president, 282,512. The same census 
shows that there were males twenty-one years of age and 
over, neither aliens nor illiterate within our constitutional 
requirement, 447,083. These would be entitled to vote 
except for the hindrance of the poll-tax and the impedi- 



638 Goverxoe's Addeess. 

ments made by our laws of registration. This failure to 
vote has been alleged to be " indifference of voters." 

As we have seen, the largest vote ever cast was 282,- 
512. Taking that from the total number of possil)le 
voters, 447,083, it leaves 164,571 practically disfran- 
chised and not voting, or 36^^^ per cent, of the voting 
population of the State, the total vote actually cast being 
but ^'^^io P^^' <^6iit- of the voting population. 

It will be also found that there are fewer voters in 
Massachusetts in proportion to the number of male citi- 
zens over twenty-one years of age than in an}'' other State 
but five, North or South, however sparse and scattered 
the population of sucli State may be, while Massachusetts 
is one of the most compact and thickly settled of all the 
States. 

The granting of the right of equal suffrage fully and 
freely is a great measure of safety to the State, to its 
good order and the security of life and property. We 
have seen how large a percentage of men in the State 
cannot, or do not in fact, for rea?ons which will be stated 
hereafter, exercise this right. Our laws, as now adminis- 
tered, allow them to take no part in the government, A 
large and fast increasing minority of the citizens of the 
State are deprived by our laws, and their execution, of 
any part in its concerns. They feel that they have not 
been permitted to take part in framing the laws under 
which they live. To such class of persons such laws 
seem and are oppressive. To them they have not given 
their assent or dissent. They have the ballot neither as 
a power nor a protection. Will they not look, then, fur 
other combinations rather than legal ones, as a means of 
redress for real or supposed grievances? On the other 
hand, give them the ballot and they will conservatively 
use it under and according to the law for the redress of 
their grievances. It may be said that thc}^ now have 
equal rights and equal powers with all other men. Not 
true ; but if it Avere, not by laws of their own mak- 
ing. Hold them with these oppressive laws of depriva- 
tion of their rights and they become the Pariahs of 
societ}^ and will look to communistic association outside 
of the pale of the laws, for the protection and rights that 
they should have by the law. The argument put ibrth by 
some — the luireflecting — against equal rights and powers 
being accorded to all men, is that a dangerous class will 



Governor's Address. 039 

arise. Not so. Power makes all men conservative, an<l 
sense of undeserved oppression makes all men lawless. 
Remember, that upon this class of citizens the State must 
rely for the military power which mu?t enforce your laws. 
Wh}^ then, strive to make them unhappy, discontented 
and hiwless? 

Fortunately, the abolition of the tax qualification for 
voting is not a question which now divides political par- 
tie^. 

In the Constitutional Convention of 1853 an amend- 
ment to strike it out of the Constitution was passed by a 
vote of 206 to 53. It was snpported by the entire 
Democratic party of that day, headed by the venerable 
jurist Marcus Morton, — and all insisted that suffrage was 
a natural right. 

It was supported by the men who gave birth to the 
Free-soil party, the nucleus of the Repnl)lican party, and 
was advocated by such men as Joel Parker, Chief Justice 
of New Hampshire and head of the Harvard Law School, 
Charles Allen, John B. Alley, Francis W. Bird, George 
S. Boutwell, Anson Burlingame, Henry Chapin, Richard 
H. Dana, Jr., Robert T. Davis, John M. Earle, Charles 
Sumner, Amasa Walker, Nathaniel P. Banks, Jr., and 
Henry Wilson. 

No more learned jurists, no better statesmen lived in 
that day in Massachusetts, nor have lived since. 

Vice-President Wilson used, in regard to tax qualitica- 
tiou, the following nervous and eloquent languiige : — 

" Poverty is bilter enough to be borne without the degradation of 
disfranchisement. . . . That constitutional provision which would 
deny to the poor man who could not pay his tax-bill, the right to 
vote, should l)e forever blotted out of the Constitution of a Christian 
Commonwealth." 

Afterwards, two Republican Congresses by two-thirds 
majorities gave suffrage, free and untrammelled, to every 
white man and four millions of freed slaves by the four- 
teenth and fifteenth amendments to the Constitution which 
were adopted by three-fourths of the States, most of them 
Republican, one of Avhich was Massachusetts. 

The doctrine of absolute free suffrage remains a cardi- 
nal principle of the Republican party to-day, nowhere 
better or more eloquently stated than by one of her 
chosen representatives (who might well have been now 



640 Governoe's Address. 

addressing you), in a carefully prepared oration, deliv- 
ered at Tremont Temple, upon questions of Republican 
principles in the late political campaign. 
Mr. Crapo says : — 

" What are these questions which demand our attention to-day ? 
They are the questions of free and fair elections, the absolute enjoy- 
ment by every man in this country of the right to vote." 

The Eepublican party, through its administration, and 
by its entire organization, struck hands with the progres- 
sive Mahone, of Virginia, and in the election of 1882 
caused the poll-tax qualification to be stricken from the 
Constitution of that State by the decisive majority of 
107,303 to 66,171. 

Opposition to a property or tax qualification for sutfrage 
has been the doctrine of the Democratic part}^ every- 
where, except when led from the principles of true de- 
mocracy by the influences of slavery, which all good men 
thank God are gone forever. 

Of the thirty-eight States five only tolerate it in their 
Constitutions. It is for you, as legislators of Massachu- 
setts, to say whether our old free Commonwealth shall 
remain longer in the degraded column. 



THE IMPEDIMENTS OF EEGISTKATION. 

We have already seen the very great disproportion be- 
tween the number of voters of the Commonwealth and 
the number of votes actually cast. That disproportion, 
however, is far beyond that which is caused by a tax 
qualification. This arises from the impediments thrown 
in the way of voting by our laws in regard to registra- 
tion. Eegistration is a perfectly proper and necessary 
regulation as a prerequisite to voting, but it should be 
carefully guarded so as not to be a hindrance to the honest 
voter in the exercise of his rights. Within a few years 
there have been several provisions in regard to regis- 
tration which are wholly unnecessary and obstructive. 
In the first place, the registration in cities closes at a very 
early day before the election, so that the voter is shut out 
from his privilege without notice. He should have the 
light, if qualified, to be registered down to the hour of 
opening the polls. 

In the second place, as the registry is administered, a 



Governok's Address. 641 

very large proportion of our voters have to be re-regis- 
tered every year, and the fact that they have been once 
registered, and voted, does not seem to be considered by 
the registrars in making up the registration lists. I can 
best illustrate this point by referring to what has abso- 
lutely taken place in the registration of the city of Bos- 
ton, and in so doing I give quite approximate but not 
accurate numbers. 

In 1880 there were about 58,000 voters registered in 
the city of Boston. In 1882, when the registry lists 
were pu])lished, there were only 37,000 names on the 
registry lists. That was a striking off of some 21,000 
names who had already once voted and shown themselves 
qualified. Why leave those names off, unless some posi- 
tive evidence was shown to the registry that they were 
not voters ? Only from the second Monday of Septem- 
ber, or for some thirty days, is there any opportunity for 
the voter to get his name on the list. It is true that 
that time is shorter in Boston than in any other city or 
town in the Commonwealth, probaI)ly because there are 
more voters to be left unregistered. 

The registration law has been altered in some form al- 
most every year for the last seven, and always in deroga- 
tion and obstruction of the voter. The chanofes which I 
would suggest are these ; Let every man of twenty-one 
years and upwards, who is assessed, have his name pnt on 
the registration list, to be stricken off by the registrar 
after notice to him in case of any proof against him as a 
voter, a name once stricken off not to be re-rejjistered in 
any subsequent year until the right to vote at that time is 
fully established by the voter. In other words, now, all 
intendments in reojistration are afjainst the rijrht to vote, 
and that the citizen is not a voter. 

Why not put the intendment the other way, and let the 
fact that a man has been a resident in the town for six 
months, and has been taxed therein by the assessors, be 
prima facie evidence of his right to vote, making at the 
same time a provision that the assessors shall make in- 
quiry at the time of the assessment as to the naturaliza- 
tion, and save the voter from losing the time of two or 
three days, more or less, to obtain his right of suffrage ? 

I recommend that the reojistration laws be revised in 
the light of these suggestions, and sufficiently guarded to 
prevent frauds, without being an actual obstruction to, 



6:12 Governor's Address. 

and burden upon, the voters; and, above all, let them be 
equal in all the towns and cities of the Commonwealth. 
If there is need of a difference between the provisions of 
cities and towns, let the same provisions be to all the 
cities alike, and to all the towns alike ; and let the provis- 
ions applying to the right of voting be published in the 
public laws of the State in regard to all places, and not 
be, as now, in regard to the city of Boston, in part omit- 
ted from the volume of public laws ; for certainly laws 
regulating the right of voting are public laws. 

A FREE BALLOT AND A FAIR COUNT. 

A free ballot requires freedom to vote and a fair count, 
to make it the effective agent of a free government. His 
vote should be given by the voter free from all intimida- 
tion, oversight by, or even knowledge of others. For his 
exercise of this great right the voter should only be ac- 
countable to his conscience and his God. 

Complaints, more or less well founded, have been made 
that in Massachusetts, as in some other States, intimida- 
tion and coercion of voters have obtained. That ballots 
with distinctive colors and marks, to enal)le the commis- 
sion of those wrongs, have been used. It is but just to 
say that former legislatures wishing to blot out this 
stigma upon the fair fame of our Commonwealth, have 
endeavored by law to so limit the size, printing and ap- 
pearance of ballots as in some degree to render the ballots 
indistinguishable in the hand of the voter. 

But why not strike at the very root of the evil at once, 
and provide that all votes shall l)e enclosed in self-sealing 
envelopes of the same size, quality and color, to be fur- 
nished by the State? Then the size and complexion of 
the ballot would be immaterial. 

This is not an untried experiment in Massachusetts. 
A law was enacted in 1851 by which all votes should be 
cast in such envelopes, and remained the rule until 1853, 
when the use of such envelopes was made, not compul- 
sory, but permissive. From the moment of that change, 
to vote a sealed ballot marked the man who used it ; and 
such vote has rarely since been cast, although the law 
still remains on the statute book which requires that en- 
velopes for such purpose shall aln^ays be furnished at the 
polls. The legal machinery is ready, and, to make it 



Governor's Address. <j13 

effectual, the permissive clause is only to be made oblig- 
atory. 

There is now in the manner of conducting our elections 
a great scandal, — the want of accuracy in counting votes ; 
so that in closely contested elections, recounts are con- 
tinually demanded, and almost invariably show a differ- 
ence from the original count. 

Allegations are made of stufEno; and robbing ballot- 
boxes. All this would be prevented by the use of the 
envelope. The number of envelopes would always con- 
form, in a well-conducted election, to the checked voters 
on the voting-list. And as it is provided that any envel- 
ope containing two votes should be thrown out, the pos- 
sibility of fraudulent votes being cast would practically 
be obliterated. 

I commend this change, in the interest of free and fair 
elections, most earnestly to your attention. 

WOMAN SUFFRAGE. 

There is another cognate subject to that which we have 
been discussing, which has received encouragement in the 
platforms of both political parties, and that is the right 
of suffrage in women. For myself I believe th:it that 
right is given them by the Constitution of the United 
States. By the decision of the courts, I am overruled in 
my action on this subject, but not in my convictions. It 
is an experiment in our government which never has been 
here practically tried. For alth(mgh women are allowed 
to vote for a single class of municipal officers, yet there 
are so many restrictions and impediments thrown around 
it, that no woman with a proper spirit of self-respect 
ought to allow herself to pass through the ordeal to attain 
a useless privilege of voting thus invidiously. This, I be- 
lieve, is the esteem in which it is held by a majority of 
the most estimable women of the Commonwealth. 

Women cannot be permitted to vote in this Common- 
wealth, by our Constitution, for national or State officers 
(except for presidential electors) if the law were changed ; 
but they may vote, if the law so provides, in municipal 
elections. 

While this experiment ought to be fully made, yet it 
cannot be so, as we have seen, without a constitutional 
amendment. To make that amendment would take three 



6^4 Goveknor's Addkess. 

3'ears. If the experiment should turn out to be an un- 
fortunate one, it would take three years more to restore 
the C(jnstitutional provision. 

There is one way, however, in which the experiment 
can most advantageously be tried, and at the same time, 
Avithout any possibility of mischief, settle a question 
which, in my mind, will be determinative whether women 
should have the ballot, and that is whether the majority 
of women of this Commonwealth desire to vote. This is 
aveired on the one side, and denied on the other; but 
certain it is, if the great body of intelligent women of the 
Commonwealth desire to vote they will have the vote, for 
I believe that fact being known, no just man would 
oppose it. I suggest, therefore, that a law be passed, 
allowinof women to vote under the same reo;ulations as men 
in municipal elections, which law shall take effect when it 
shall be accepted by a majority of the women voting at 
some general election. 

Objection has been made that women do not desire to 
vote because it would be unpleasant to go into the ward- 
rooms and voting places. To obviate that ol)jection, and 
to get a full and fair expression of the women upon this 
question, whether they will accept and exercise the right 
of voting, I would suggest that the women above twenty- 
one should be registered, the place, by number, or other 
sufficient description of residence, forming a pait of the 
registry, and that every woman may deposit her vote, en- 
dorsed with her name and place of residence in her own 
handwriting, in the post-office, or in some proper box 
provided for the purjDose, addressed to the proper officers 
of election in the cities and towns where they reside, 
within ten days before such general election, at which 
time the officers of election may open, examine, and com- 
pare the ballots with the registry lists and assort, count, 
and declare the votes as in other cases. 

Such a law would seem to be easily framed so as to cut 
off all opportunity for fraud, very little temptation to 
which would exist, and thus enable every woman without 
trouble or discomfort to vote upon this question, and 
instruct the people of the Commonwealth as to their 
future action thereon. 



I 



Governor's Address. C45 



ELECTION DAY A HOLIDAY. 

As another adjunct to a full and fair vote, I would rec- 
ommend that the day of general election be made a legal 
holiday, with the same saft'guards as to observance as are 
given to Sunday in this regard, that no liquor be sold, 
and no liquor-shop be kept open between sunrise and sun- 
set of that day. Now the courts adjourn, some other 
classes of business are suspended, while others are not, 
especially those requiring mechanical and manufacturing 
and other labor. Such a law would be but just to the 
large number of election officers who ought to have that 
day for their official duties. 

As the elections in all the cities are arranged so nearly 
for the same time as the general election, I would suggest 
that the election of city governments might take place on 
ihe same day, each voter having then leisure to attend to 
both ; and so save the cost, trouble and expense of 
another day of election. 

NATURALIZATION. 

No just-minded person will doubt that, so long as the 
theory of our ir.stitulions and the laws of the United 
States invite to this country people from foreign lands, 
and hold out to them as an inducement the terms upon 
which they shall be received, welcomed and may become 
citizens, any state legislation which tends to limit, impede 
or hinder their enjoying to the fullest degree, in manner 
pointed out by the laws of the United States, the prom- 
ised privileges, is in so far an attempt at nullification of 
the laws of the United States. 

The federal statute says to foreigners that, upon doing 
certain acts before certain courts of the United States, or 
before "any court of a State having common-law juris- 
diction, a seal and clerk," they shall, upon the terms 
therein prescril)ed, become citizens of the United States, 
and by constitutional provision " citizens of the State in 
which they reside." 

The supreme court of Massachusetts decided in the case 
Ex-jmrte Gladhill, that this law included the minor courts 
of the Commonwealth, such as police courts. 

As a result of a political spasm directed against our 
foreign-born population, which occurred in this State 



G4^(j Goverxok's Adreess. 

more than a quarter of a century ago, a law was put upon 
the statute book restricting the application for naturaliza- 
tion to the superior and supreme courts only, and regu- 
lating the manner in which such application should be 
made and considered. 

To the regulations no objection can be perceived, but 
the restrictions of the courts be3'ond the federal law are 
unwarranted either in fact or law. 

In a case of naturalizatitui the question to be adjudi- 
cated is simply whether the applicant declares under oath 
that he renounces and abjures all foreign allegiance, and 
proves that he has resided within the United States five 
years, and within the State one year at least, and during 
that time has been " of good moral character, attached to 
the principles of the Constitution of the United States, 
and well-disposed to the good order and happiness of the 
same." AVhat is there in this that cannot be determined 
as well by the judge of a district or municipal court as by 
a judge of the superior or supreme court? Nay, better. 
The nearer the applicant resides to the judge the more 
easily such judge could decide from his knowledge of his 
neighbors and the witnesses appearing, whether the facts 
were true. 

The superior court may be held many miles — and, in 
many cases, must be — from the residence of the appli- 
cant. The presiding justice is an inhabitant, perhaps, of 
the remotest part of the Commonwealth. The costs of 
travelling, and attendance of witnesses beside the party's 
own, in coming long distances, and perhaps waiting sev- 
eral days for the purpose of having his case heard, are 
burdensome as well as useless. 

The fiicts to be proven are neither difficult nor in- 
volved ; and it is not creditable to the Commonwealth 
that its laws should pre-suppose the appointment of 
judges in any court, however humble, who would be in- 
competent, or too corrupt, to try such questions. 

Surely, if the right of natuialization is to be allowed at 
all, none ought to desire to inteipose hardship, restric- 
tion, hindrance, or expense, in obtaining that which the 
United States have given. 

I would recommend, therefore, that the restrictions of 
naturalization to the supreme and superior courts only, 
should be repealed. 

The dockets of those courts are now sufficiently over- 



Goverxor's Address. 6i7 

burdened with business, from which the courts are seek- 
ing relief, and in so far they will be relieved b}^ having 
this class of business taken from them and put in the 
inferior courts, Avhere it can l)e more cheaply and better 
done, and where jurors and parties in other cases will not 
be kept waiting while it is being done. 

No complaint has ever been made of any systematic 
frauds in naturalization in this Commonwealth, and we 
must take notice that of the many thousiuids of such 
frauds alleged and proven in a neighboring State, all 
were done in the superior courts of that State. 

FEDERAL RELATIONS. 

There has been for man}- years a standing committee of 
the two houses upon federal relations. So far as I am 
advised I know of nothing in the relations between the 
Commonwealth and the United States at present, Avhich 
needs either observation or recommendation, so far as 
legislation is concerned. In former years homilies in the 
shape of resolutions were sometimes addressed by the 
legislature to the congress of the United States in form 
of resolves reported by that committee. But that prac- 
tice has been in late years " more honored in the breach 
than in the observance," the theory of our government 
being that in both branches of the national legislature 
the State is represented by its chosen agents : and I 
think the legislature may feel assured that the interests of 
the State are safe in the hands of its agents lately chosen 
to represent it in that body. 

There is one matter to which I think your attention 
should be called, and in regard to which, perhaps, in- 
structions to your senators and representatives might be 
of use. The Commonwealth has a very large claim, 
Avhich, with its interest, should now amount to nearly a 
half million dollars, for moneys expended under the 
direction of the Executive of the United States in prep- 
aration for coast defence against the Confederate cruisers. 
That claim was presented to congress many years ago ; a 
commission was appointed to audit it. It was audited 
by the commission and the amount determined. That 
amoinit remains due and unpaid. Afterwards the claim 
passed the House of Representatives, but failed in the 
Senate. A vigorous prosecution by our congressional 



618 Governor's Address. 

tleleg.'ition of a claim so confessed and audited, would, I 
believe, give the State its just dues. 

LABOR. 

The relations of the employee and the emplo3^er ; the 
methods of settlino; controversies between each other 
which are among the most dangerous to peace and good 
order, and are as yet without any sohiticm under the laws ; 
the duty incumbent upon the employer to protect the 
lives of those laboring for him ; what degree of care is 
required from the master to the servant, or from the ser- 
vant to the mjister, to use a legal phrase ; and what, if 
anything, can be done by legislation to reguhite the hours 
of labor, or enhance the rate of wages, are all subjects 
too intricate and involved to be presented here and now 
to yoiu- already overburdened attention, and may form 
the subject of a further communication. 

I read, however, with pain, from the Report of the 
Chief of the Bureau of Statistics of Labor in 1875, 
that 

" In the majority of cases the workingmen of this Commonwealth 
[upon textile fabrics] do not support their families by their indi- 
vidual earnings alone. Fathers rely, or are forced to depend upon 
their ehililren for from one-quarter to one-tliird of the entire family 
earnings." 

Especially is this so, as we can find nothing in the sub- 
sequent reports of that bureau, to show that that condi- 
tion of things has altered within the eight years since it 
was written. 

JUDICIARY. 

No substantial complaint is made of the manner in 
which justice is administered in the supreme or superior 
courts of the Commonwealth. The decisions of our law 
courts are cited as authority of the highest grade in all 
the States. 

There has been, however, and still is, complaint of the 
delays of justice. These are nut the fault of the court, 
but of the systems of jurisdiction under which they must 
act. 

The people also may justly complain of the enormous 
and increasing expenses attending the administration of 
the criminal law of the State. But this, again, is not the 



GoYERNOPt's Address. GiO 

fiiult of the courts, but of the system. The truth is, the 
legal business of the State has simply outgrown the sys- 
tem and method of judicial procedure. This sul)ject is 
a very difficult and complex one. I will in another com- 
munication give to the legislature such views of changes 
and alterations of this system as I may be advised and 
believe are necessary to remedy the evils of which com- . 
plaint is made. 

MILITIA. 

There has been, since the organization of our volunteer 
militia in 1840, an effective b(jdy of troops, ready, will- 
ing, and able to do all the duties which they should be 
called upon to do. What there is now of our militia is 
in a very good state of efficiency, and well officered. 
There seem to me to be but two defects in ourmilitia sys- 
tem, — one is the very great expense, in comparison with 
their nnmbers ; the other is in the manner of their 
training. 

In 1859 there were in camp, for three days at Concord, 
5,333 officers and men. As that was an encampment of 
the whole militia on one field, it was quite exceptional in 
the amount of its expenditures. They were paid a per 
diem of $2.50 for the men, and $5.00 for the officers. 
The whole military expenses of that year were $66,~ 
0D8.80. 

They were the men, two regiments of whom, on the 
20th of April, 1861, were thrown into Fort Monroe, and 
made it safe to the government from that hour. Another 
regiment, the 6th, met its baptism of lire and blood at 
Baltimore, on the 19th ; and another, the 8th, opened, 
and kept open, the way between the capital and the North 
via Annapolis. Large numbers of our militia became 
officers of the volunteer troops of this and other States 
during the war. They left their homes at an hour's 
notice, and what they did demonstrates their efficiency. 

In 1882 there were 3,274 officers and men in camp, at 
Framingham, for five days. The pay of the men per 
diem was $2,00. The pay of the officers had been 
enacted to be the same as in the regular army, and the 
amounts varied according to rank. The total amount of 
our military expense for the past year was $153,500, from 
which, for the purposes of comparison, the special ex- 
pense of the reception of the President, of $9,926.76, 



G50 Govekn^or's Address. 

should be deducted. Of this total expenditure, the pay 
of the men, including transportiition, was $54,(311.40. I 
submit, these men were just as good, aud no better, than 
their fathers of 1859-61. 

From these figures it will be observed that, while the 
cost to the State of the encampment at Framingham of 
3,247 men in 1882, including the two days' extra time, 
shows a small proportionate reduction of expenses when 
compared with the cost of the encampment of 5,333 men 
at Concord in 1859 ; yet the total military expenses for 
the past year have exceeded by about $74,500 those of the 
year 1859 ; while the muster-roll at the encampment in 
the latter year as compared with 1882, shows over two 
thousand more men present. 

I give these figures to show that, for some reason, we 
do not get, in the number of men who encamped, an in- 
crease in the proportion to the increased expenditure, but 
to the contraiy. 

My criticism upon the training of the militia is that 
there has been of late an attempt to make their discipline 
too much like that of the regular army. The privates of 
our militia are usually young men who enter upon that 
service for the purpose of learning something of military 
art, and also as a matter of relaxation and recreation. 
The privates arc in many instances quite the equal of 
their officers in all social and other qualities. A Massa- 
chusetts militia-man will do anything for love of his officer. 
He will do nothing for fear of him. The rule is quite the 
reverse in the regular army. The militia, in the men who 
compose it, is quite as unlike the men who compose the 
regular army as can well be imagined ; and any attempt to 
bring the militia-men when ofl' duty into the same rides 
that govern the men of the regular army only disgusts 
the militia-man with the service, and accounts for the 
fcAvness of numbers who appear for camp duty. 

So far as the commander-in-chief is concerned, this will 
be remedied ; and if, upon further advisement, any charge 
of law is necessary, it will be asked. 

CRIMES. 

No State in the Union has so large and full lists of 
crimes and offences of the petty sort in her statutes as 
Massachusetts. Our statutes punish as crimes many acts 



Governor's Address. ^^1 

of children which are left in other States to be corrected 
hy the discipline of the parent. Many laws against 
otfeuces, such as the non-observance of the Sunday law 
by unnecessary labor, profane swearing and the like, 
which seem to deter nobody from their commission, as a 
rule are only enforced as a means of venting malice and 
spite by a feAV individuals against their neighbors. These 
laws bring Massachusetts into great disadvantage when 
her criminal statistics are compared with those of other 
States. To people out of the State, who look to the num- 
ber only of our criminals, it would almost appear that 
criminal offences with us were a state industry. 

To the contrary I know from observation and compar- 
ison of the statistics of crime for many years, that there 
is no State in the Union that in fact has better ordered 
communities, or fewer of what ought to be denominated 
crimes, committed within her borders than Massachu- 
setts. 

There is one crime, however, which indicates such 
depravity of heart, such disregard of life, such malice 
toward all mankind, that the doing of it should be visited 
with the swiftest and most condign punishment. I 
recommend an act, in substance providing that whoever 
wilfully and deliberately does an act with intent to derail 
a moving train, propelled by steam on any railroad, shall 
upon conviction thereof suffer death. Such a man is in 
his heart a thousand times, it may be, a murderer of inno- 
cent men, women and children, who have done and can 
do him no harm. If by accident he fails in his nefarious 
purpose to accomplish which he has done all he can do, 
their escape is in the providence of God, and no merit of 
his. 

The public mind is shocked as we read, day by day, of 
defalcations of trustees, treasurers, cashiers, and others 
intrusted with the care of moneys not their own, and 
pained at the loss of the earnings of a lifetime by their 
owners, the cause being, in most cases, traceable to gam- 
bling, followed in many instances by heartrending sui- 
cides, increasing in number, of husbands and fathers. 

We have laws now, to prevent losses by " games of 
chance," but they are very far from reaching the evil, as 
the amounts lost and won by them are trivial compared 
with those of another and greater species of gaming. 

In gambling, by selling by the one that which he has 



652 Uoveexor's Address. 

not to sell, and the buying by another that which he has 
not the means to pay for, carried on by securing a con- 
tract for property by depositing what are known as 
" margins," in the hope of a rise or fall of the article 
gambled in, under the many forms in which it is done, 
most of the cause is found of such defalcations and ruin. 
These evils in their extent are, comparatively, of late 
development, but now affect the community itself. This 
gambling is extended to quite all merchandise, but pref- 
erably the necessaries of life. By large combinations, 
the price of corn, wheat, and other articles of food is 
raised to almost starvation prices, while the granaries are 
bursting and the markets are overstocked ; but food can- 
not be sold because of enhanced price regrated by such 
means. 

This is an offence at common law, but is rarely prose- 
cuted. 

The price even of cotton, the enormous supply of which 
would seem to put it beyond regrating or monopoly^ upon 
the use of which the happiness of so many of our citizens 
and the prosperity of our State so largely depends, has 
also been in a great degree regulated by these methods. 
Conservative business men, treasurers of large manufac- 
turing corporations, have been tempted into buying their 
supplies of cotton in what are known as " iutures," leav- 
ing the price to be determined by chance ; that chance 
however controlled by wicked conspiracy, thereby ruin- 
ing themselves, destroying the enterprises they repre- 
sent, and thus reducing to starvation thousands of labor- 
ing men and women. 

I admit that these evils are difficult to reach by legisla- 
tion ; but I believe that difficulty is not insuperable. I 
recommend the matter to your careful consideration. 

THE REFOEMATORY, CORRECTIONAL AND PAUPER INSTITU- 
TIONS. 

The greatest ordinary expenditure of the State is to 
defray the expenses of its reformatory, correctional and 
pauper institutions. I have chosen to group these. They 
consist of the state almshouse, the state primary school, 
the state woikhouse, the reformatory prison for women, 
the state prison, the reform school lor boys, and the 
industrial school for grille. 



J 



GovEEi^^oii's Addeess. G53 

I have not been able to obtain in time all the actual 
expenditures of these institutions for the past year, and 
therefore take the appropriations passed by the late legis- 
lature for their current expenses, and for salaries, and 
expenses of salaried agents, in the following sums : — 

Current Salaries. 

Expenses. 

Almshouse, Tewksbury, $73,0C0 |20,000 

Workhouse, Brid^ewater, .... 29,000 11,000 

Primary School, Monson, 35,000 17,000 

Reformatory Prison for Women, . . . 47,200 23,000 

Reform School for Boys 15,000 15,000 

Industrial School for Girls, .... 9,000 5,600 

State Prison, 82,300 54,800 



Total expenses $290,500 $146,400 

Expenses of agent for discharged female prisoners, . . $2,300 

Salary of agent for discharged convicts, .... 1,000 

Expenses of agent for discharged convicts, .... 3,000 

Contingent and travelling expenses of prison commissioners, 1,600 

Salary of secretary of prison commissioners, . . . 2,000 

Inspector of Charities*: 

Office and incidental expenses, .... . 8,000 

In-door poor, " " 24,000 

Out-door poor, " " 17,000 

$58,900 

Add $58,900 for these salaries of oversight and inspec- 
tion and we have the large appropriation of two hundred 
and five thousand three hundred dollars ($205,300) to be 
expended as salaries in one year for superintendence in 
taking care of the paupers and convicts of Massachusetts, 
or 70 per cent, of the whole amount appropriated for their 
support and well-being. 

It is not forgotten that there are very considerable 
appropriations for payment to cities and towns for sup- 
port of state paupers ; but, of course, these paupers in 
the city and town almshouses have their own proper care 
and attendance. And I have also left out some minor 
items which will not very materially affect the result of 
comparison of salaries to other expenditures. 

It is true that in the term "salaries" the legislature 
includes the payment of employes to have care of these 
prisoners and paupers, as salaried persons. The number 
of outside persons who ought to be hired to-do any labor 
in those institutions other than for supervision should be 



C51 Govern^oe's Address. 

very small ; for most of them have laboriug men and 
women under their charge, who should generally be able 
to do all the manual service required. 

And it is also to be observed that I have not included 
the appropriation for the insane poor in hospitals, although 
I am inclined to believe the disproportion there would be 
quite as striking. 

In addition to this, in my judgment, vastly dispropor- 
tionate amount of salaries to all other costs, all the salaried 
oflScers and employes (with the exception of the inspectors 
of charities and of in-door poor and out-door poor, the 
agents of convicts and their clerks), have their living 
expenses furnished them at the several institutions wdiere 
they are employed, which are taken from the expendi- 
ture for maintaining the paupers and prisoners, of the 
amount of which no items appear. 

Now, it may be assumed that the lowest amount any 
officer or employe elsewhere, pays from his proper salary 
for himself and family, for house rent, heat, light, living 
and Avashing, especially if he ent^tains from the same 
fund his relatives and friends, is one-third thereof. We 
then have a further addition of $48,800, making salaries 
and agents' expenses in fact more than 87 per cent, of 
all other current expenses for the welfare of the prisoners 
and paupers, from which there should be a corresponding 
deduction of $48,800, showing that the appropriations for 
the expenses for salaries and agents are more than those 
of all other expenses for supporting the poor by $12,000. 

To illustrate how this question of such support of so 
many officers and their families affects the amount neces- 
sarily expended for the care of paupers, I quote certain 
items Avhich I find charged to expenses of living of the 
paupers at Tewksbury almshouse, taken from the auditor's 
report for the year 1882. It will be remembered that that 
almshouse is Avholly devoted to the care of, foreign sane 
and insane persons, largely women and children, who, 
apparently, before they came there, w^ere not accustomed 
to a very high style of living. 

Taking as the principal articles of provision which 
should be used in such a house, fresh and salt beef, I find 
the amount expended for beef of both kinds during the 
year to be $0,847.75. I find also that for tea, coffee, 
butter, cheese, chocolate, tobacco, eggs, sugar and milk, 
the amount charged to the support of the paupers is 



Governor's Address. G55 

$12,269.81, or nearly twice as much as the beef. This 
was iu addition to the milk, butter and ego^s raised on a 
ftirm of 245 acres. We can partly guess how much of 
these articles of luxury were given to the paupers, and 
how much was appropriated to the large number of salaried 
officers, their families, friends, and employes, who were 
in charge. 

It may not be improper here to call to mind that, under 
our laws as they now are, all these expenditures are under 
the sole control of the state board of health, lunacy and 
charity, and the prison commissioners. 

It will doubtless be remembered that in 1878, in the 
course of the political canvass, observations were made 
upon this class of expenditures, in connection with the 
several commissions of the State, calling public attention 
to what was claimed to be extravagance and impropriety 
of administration in this regard. 

An executive and legislature were chosen that year, 
composed of the political friends of those holding places 
on the several boards and commissions. That legislature 
abolished and changed all boards, commissioners and 
agencies having anything to do with the pauper and re- 
formatory institutions of the State, — some ten in num- 
ber, — and created instead a board of health, lunacy and 
charity, consisting of nine persons, to be appointed by 
the Governor, with the advice and consent of the Council, 
who shall hold their offices for five years ; which board 
shall have all the powers, and exercise all the functions of 
the boards abolished, and all of the bureaus and their 
agents, and assign all the duties thereof to their agents, 
appointed for the purpose; and to exercise any of its 
functions by agents or committees appointed by said 
board. The board was given supervision of all charitable 
and reformatory institutions, and when directed by the 
Governor, may exercise the powers and duties of all 
boards of trustees of charital)le and reformatory institu- 
tions, including the lunatic hospitals : and they were to 
act as commissioners of lunacy. They were given power 
to appoint, with the consent of the Governor, and he con- 
sented, such officers as were necessary, and fix their 
compensation ; and were to make their own by-laws, and 
make a report of their doings to the Governor and Coun- 
cil, on or before the thirty-first day of December in each 



656 Governoe's Address. 

year, the report to be made up to the thirtieth day of 
September in each year. 

The same Act provided that a board of seven trustees 
should be appointed, — two of whom were to be women, 
— to have charge of the state reform school at West- 
borough, the industrial school for girls at Lancaster, and 
the primary school at Monson, who were to hold their 
offices for five years ; also, a board of trustees of the 
state almshouse, who should hold their offices for three 
years ; also, another board of trustees of the state work- 
house, who should hold their offices for three years ; and 
that the superintendents and physicians of the state in- 
stitutions, except the lunatic hospitals, should be elected 
annually by the board of trustees ; and that the other 
officers of those institutions should be appointed by the 
superintendents, with the approval of the trustees. 

This Act did not interfere with the appointment of the 
officers of the four lunatic hospitals, which already were 
governed by boards of trustees, having definite terms of 
office, who were to appoint their own officers. 

The same legislature reorganized the board of harbor 
and land commissioners, givinof them fixed terms of office. 

The same legislature also created a board of })rison 
commissioners, who should have the special oversight of 
the state prison, the women's reformatory prison, and a 
general oversight of the other prisons of the Common- 
wealth ; and, with the exception of the warden, chaplain 
and physician of the state prison, and the superintendent, 
treasurer, chaplain and physician of the women's prison, 
all other officers and employees of these prisons were to 
be appointed subject to their approval. 

This Act also legislated into office the three incumbents 
of the old board. 

It will be seen that substantially every commission and 
their officers, agents, and employees, having to do with 
the expenditure of the money of the Commonwealth, were 
thus placed beyond the power of the Executive branch of 
the government, and beyond the possibility of au}^ change 
in actual administration of the government by the people, 
in a single year, or even a series of years, of disturbing 
this body of commissioners, boards, and trustees, who 
were to have charge of very large expenditures and the 
appointment of nearly all the officers and employees 
thereof. 



Governor's Address. 657 

Beyond question, they were put out of the reach of the 
Governor and Council so long as they behaved themselves 
well in their offices. There was a doubt whether they 
and theirs were safe if they acted improvidently, care- 
lessly, or corruptly. This sole possible danger to those 
commissioners and other officers must therefore be 
averted. 

This was done; and all were saved, the good and the 
bad, by an Act of the legislature of March 3, 1881, as 
follows : — 

"Appointments made by the governor, or by the governor and 
council, may be by them revoked at any time for cause, unless the 
tenure of office or trust is expressly determined by the constitution 
or by law." 

You will observe that "office or trust" will cover all 
classes of civil officers appointed by the Executive, who 
have charge of the expenditures and property of the 
State. By these statutes, substantially all expenditures 
of the State and all the officers who have to do with them, 
are wholly beyond the reach of the Executive power of 
the State or of the people of the State, save through the 
legislature which might reach them by abolishing their 
offices. 

The novelty and ingenuity displayed in the phraseology 
of this act, — the first part of it conveying the idea to the 
mind that it was a law giving power to the Executive to 
remove for cause, the sweeping but apparently innocent 
exception seeming to provide only for the life tenure of 
judges, and its adaptation of means to the end, would en- 
title its inventor to a patent except for the doubt of its 
usefulness. 

It is hard to resist the inference that such an ingeniously 
constructed enactment was not made with a purpose, and 
that purpose to remove all the lucrative offices of the 
State from the control of the people or the Executive. 
At any rate, as the law now stands, any of these officers 
may commit any crime and be put into the state prison 
for so doing, — and it is not unheard of that persons con- 
nected with the state government have committed crimes, 
— and still they cannot be removed from office. 

Nay, these boards and commissioners were not only 
removed beyond the Governor's control by law, but, if 
possible, beyond the control given him by the Constitu- 



658 Governer's Address. 

tion. It will be observed that these boards are to report 
by law but once a year to the Governor and Council, 
whereas by chapter II., section II., article XII. of the 
Constitution : — 

" All public boards . . . shall, once in evevy three months, offi" 
eially and without requisition, and at other times when required by 
the governor, deliver to him an account of all goods, stores, pro- 
visions, . . . and of all other public property whatever under their 
care, respectively ; distinguishing the quantity, number, quality, and 
kind of each, as jJarticularly as may be." 

Let me not be misunderstood. I say here and now noth- 
ing concerning the conduct, character or standing of any 
member of the boards or commissions. I am commenting 
upon the system of unaccouutability and uncontrolability 
* which may be the result of the Act establishing them, 
intrenching them and their subordinates in office. I call 
the attention of the legislature to the laws which put 
nearly all subordinate departments of the government 
beyond the power even, of the supreme executive depart- 
ment. That department cannot investigate them or their 
agents, officers, employees, or the acts, doings or official 
integrity of any of them. The Governor, or Council, or 
both, cannot ask of any of them a question relative to the 
public service or their public duties, which either of them 
is obliged to answer. The Executive has no power to 
correct abuses, even if known and flagrant. 

The history of all governments has shown that adminis- 
trative powers exercised by a board induces corruption 
and carelessness in its members and agents. This rule 
obtains, however high and noble may be the position of 
those composing the boards, or however humble and in- 
significant. The board of directors of the East India 
Company, and of the board of supervisors of the Union 
Workhouses in England, illustrate this truth. 

Philosophic political writers have always maintained 
this proposition. Jeremy Benthara says a *' board is a 
screen." That is to say, agents use the board to cover 
their acts, and it is all the more useful as such, if com- 
posed of men of high character who have only a perfunc- 
tory interest in its operation. No thing was ever well 
administered by a board in which the members had no 
interest. Therefore, all well considered laws, erecting 



Governok's Address. 



659 



corporations always provide that the directors shall be 
stockholders, whether in banking or other business. 

Even in business corporations is it not a well-known 
fact that most of them are at last managed by one man, 
usually a subordinate? If he desires to do wrong the 
board becomes a shield, and no less an effective shield, if, 
as in the cases of the boards we are considering, a sprink- 
ling of most estimable ladies are put into it to till the eye, 
and administer to the sentimentality of the. public. 

To show the legislature that management by boards is 
expensive, and speciall}- if a large one, I present the fol- 
lowing table, showing the great increase of cost of taking 
care of the sane and insane paupers of the State, taken 
from the public records and reports. It will be remem- 
bered that for a series of years prior to the year 1864 the 
state paupers were under the charge of the " alien com- 
missioners." 

Table. 
Comparative Costs of Supporting the Sane and Insane Faiiiyers for 

Five Years from 1859 to 1863, iyiclusive, and for Five Years 

from 1877 to 1881, inclusive. 





Whole 


Average 




Cost of 


Co5t of 


Cost of 


Cost of 




luimljer 


Total cost to 


support of 


support 


one 


one 




for live 


of pau- 


support for five 


one pau- 


of one 


pauper 


pauper 




yeara. 


pers each 
year. 


years. 


per for 
five years. 


pauper 
one year. 


one 
week. 


per 
day. 


Sane and in- 
















sane paupers 
















supported 
















under Alien 
















Commission 
















from 1859- 
















63, inclusive, 


15,013 


3,002.6 


f 1,115,145 28 


f371 40 


$74 28 


$1,473 


$0,204 


Sane and in- 
















sane paupers 
















supported 
















under Boards 
















of State Char- 
















ities from 
















1877-81, in- 
















clusive, 


11,034 


2,260.8 


f 1,740,347 47 


$769 79 


$154 00 


$2.96 $0,423 



By examining the table it will be found that the cost of 
supporting the same number of sane and insane paupers 
under the Boards of State Charities was slightly more 
than double the cost of supporting the same number of 
sane and insane paupers under the alien commission. If 



6(50 Goveknok's Address. 

the Boards of Charities had supported the 15,013 paupers 
which the alien commission had in chars^e at the same cost 
as the 11,304 which the boards did support, the loss to 
the State would have been $1,090,141.84. 

This table includes nothing l)ut the sums actually paid 
for the costs of the support and supervision of the same 
class of paupers, all other expenses having been left out 
m both cases. 

It might strike the mind in looking at these figures that 
the discrepancy in cost might be attributed to difference 
in price of provisions ; but if it is borne in mind that the 
last three years we have taken of the alien commission 
were during the war, and that war prices obtained for all 
the staples of life in 1862 and '63, it will be seen that that 
consideration will in no degree account for this great dif- 
ference in cost. 

So far as I can see, this enhanced cost arises from the 
very large increase of expenses of salaried oflScers, agents, 
the difference in system and management, and the want of 
any sufficient accountability for expenditures. 

In addition, I submit the following table of the compar- 
ative cost of support of the same class of persons by the 
state board and the counties, from report to Board of 
Health, Lunacy, and Charity, 1881, Pub. Doc, No. 17, 
Table VIIF., p. 43: — Worcester Hospital and Asylum; 
Taunton, Northampton, and Dan vers Hospitals; Tewks- 
bury iind Bridgewater Almshouses ; and Monson, West- 
borough and Lancaster Schools. 



Governor's Address. 



Net Cost to the Public for the year 18S1. 



661 





Average 
No. 


Cost. 


Pkr Head 
PER Year. 


Pee Head 

PER Week. 


Above State Institutions, 


4,374 


$713,200 


1163 05 


$3 13 


By Counties, Table 1, p. U 












Suffolk County, . 






1,594 


248,414 


158 98 


3 05 


Mitldlesex " 






892 


116,582 


130 57 


2 51 


Essex " 






895 


104,799 


117 09 


2 25 


Bristol, 






492 


63,836 


129 75 


2 49 


Worcester " 






758 


91,899 


121 24 


2 33 


Hampden " 






317 


39,813 


125 59 


2 41 


Berkshire " 






196 


24,542 


125 21 


2 41 


City of Lowell, . 






174 


16,041 


90 46 


1 55 


" AVorcester, 






93 


15,310 


164 62 


3 17 


" Lawrence, 






107 


15,218 


142 22 


2 73 


" Springfield, 






91 


12,161 


133 64 


2 57 


" Salem, 






157 


14,430 


91 91 


1 57 


" Taunton, . 






89 


11,450 


128 65 


2 47 


" Fall River, 






145 


19,020 


131 17 


2 52 


" Gloucester, 






58 


8,101 


139 67 


2 69 


" Newburyport, 






64 


9,015 


140 86 


2 71 



It will be noted that of the 1248,414 expense in Suffolk 
County, $148,000 were for insane; hence the high cost 
per person. 

Why should it cost less in the town almshouses in the 
several counties, including the insane supported there and 
boarded in the state institutions, than it cost the State? 

I shall have occasion further to illustrate the tendency 



CG2 Governoe's Address. 

to extravagant expenditure, in speaking specially of other 
institutions. 

Mau:igement by boards always is the subject of- scandals ; 
and sometimes without any sins of commission on the 
part of members of the board, but by their subordinates, 
who find the board a convenient cover for their nepotism 
and peculations. In one of our pauper establishments 
there have been employed, under the board of state char- 
ities, from four to seven, for many years, in the same 
family, in the higher, most responsible and best paid 
places, drawing as salaries from four to six thousand dollars, 
besides the expenses of the living of all of them ; all sons, 
wives, and daughters, by blood and marriage, to the 
superintendent. Could any intelligent head of a great 
business concern justify himself for such class of appoint- 
ments ? Would anybody expect to learn anything of the 
misdoings or shortcomings of any of such officers from 
either of the others? 

Have there not been scandals, public and well known, 
for years in that institution? Was it not charged, and 
never denied, that, for years, of the infants born in or 
sent to that institution, more than ninety per cent, died 
as such ? All of these did not fill an infant pauper's grave, 
even ; for it can be shown that fi'om one hundred and fifty 
to two hundred and fifty infant corpses were annually sold 
as merchandise to a single medical institution in the State, 
for from three to five dollars each. Many, if not all, 
came from thence, besides large numbers of bodies of 
pauper adults, furnished for other medical purposes, and 
sold as merchandise for very considerable sums ; and that 
done secretly, and not under and in accordance with the pro- 
visions of the law, which, under certain safeguards, permit 
almshouses to furnish the unclaimed bodies of deceased 
paupers for dissecting purposes to surgeons and medical 
schools, according to the decent and humane provision of 
the statute. Was this not in testimony before a grand 
jury? Has it not been publicly known? What record 
has the State of these dead infimt children, to whom it 
took the place of parent? What account, even, has ever 
been returned of the price of this merchandise of the 
Ghouls? What record of birth or death or burial place, 
by which such bodies could be identified or classified? 

It is also true that since these scandals were made public 
the infant children have been sent away from Tewksbury, 



Goverxor's Address. GG3 

so that, as was reported last year, there were one hundred 
and four births and only live infant deaths there. But as 
those were neither " deserted children nor unbound found- 
lings," we have no statistics of what has become of them. 
But the following extract from the report of the state board 
of health, lunacy and charity for the year 1881 Avill throw 
some light on the question : 

" After years of eflFort and careful experiment it was found impos- 
sible to save the lives of the foundlings sent to Tewksbury. [Why 
impossible for a healthy child to live in Tewksbury almshouse ?] At 
the same time the large number found dead in Boston and its vicinity, 
and the great mortality among this class in that city, attracted public 
attention, and some action was desirable." 

Now such infants are soon removed, and farmed out for 
care, to various persons, and the public are shocked to 
hear in the public prints of their deaths in passage. 

Bab3'-farming has always been, in all countries, and all 
times, a fruitful source of scandals and brutal crime; and 
we have no sufficient record in the reports of what has 
become of the large number of children born in our pau- 
per institutions, although we have some statistics of those 
taken up as " deserted or foundling." 

I have searched the book of reports in vain for facts by 
which I might be able to refute these scandals, but can 
find no data given by which I may. 

I have heretofore spoken of the immoderate expenses 
of this institution. 

The question may be asked : Why did not the trustees 
or supervisors expose those iniquities? To that I answer 
that, years ago, a reverend clergyman, speaking of one 
of the trustees of this institution, who was his parishioner, 
in a public sermon stated in substance that he asked his 
parishioner how he could afford to leave his business and 
be the trustee or supervisor of such an institution without 
pay ? And his reply was that he made enough out of the 
commissions on what was bought by it to pay him for his 
time. And although this sermon was printed and pub- 
lished, yet no investigation was had known to me, and I 
am certain the facts never came to the late Executive, 
because that trustee was reappointed within a year, and 
remains under your laws a fixture in office, not to be 
turned out, or investigated even, by any power in the 
Comtuonwealth except the great legislative power, which 



661 Govekxok's Address. 

from my knowlege and experience of public business in a 
cognate body is of necessity tlie most unfit of all possible 
tribunals for investigation of facts. 



THE STATE PRISON. 

The approjiriation in 1882 for salaries was $54,800 ; for 
current expenses, $73,000. It is true ttiat the necessary 
watchmen in the prison may well increase the number 
of salaried oificials. 

All these expenditures are substantially made by the 
warden, who reports to the board of prison commissioners, 
which board was, as we have seen, reorganized in 1879, 
and became a law unto itself. 

It has passed into history that improvidence, to speak 
no more harshly, w'as shown in the removal of the prison 
and location of the site, and the expenditures in the erec- 
tion of the building and the arrangement of the prison at 
Concord. All this was done against the protest of the 
ablest men having in charge the reformatory institutions of 
the State ; and it is now difficult to find who is responsible 
for this change. 

The question is one not without argument in the affirma- 
tive, whether it would not be better for the State, notwith- 
standing the immense sums expended at Concord, to return 
to the old prison at Charlestown. The cost of transpor- 
tation of prisoners, the most of whom must come from 
near the centre of population, and the freights on supplies, 
are no inconsiderable item. The sanitary conditions of 
the site are not what they might be. 

The location of the Concord prison, away from any 
large population, which has its police and military forces 
ready to be called upon if needed by the warden, tends to 
incite in the prisoners hopes of escape by breaking out or 
insubordination within the walls of the prison. True it 
is that, ibr yeavs past, there has been a very unsatisfactory 
state of discipline in that prison. It is historical, also, 
that the only dangerous outbreak of prisoners while at 
Charlestown had to be quelled by the assistance of the 
United States marines from the navy yard. 

It would seem either that the causes that I have named, 
or the incompetency or impropriet}' of conduct of those 
in charge of the prison, must have produced this want of 
discipline and insubordination, for none other can hardly 



Governor's Address. C65 

be conceived. Prisoners must be taught implicitly to 
obey all rules for their government, and it should be the 
duty of the Executive to see that those rules are reason- 
able. 

The unwillingness of the convicts to labor, and, in 
some instances, the failure to find contractors competent 
to employ their labor, has, among other things, made 
the prison not self-supporting, but an actual charge to the 
Commonwealth. From 1866 to 1873 inclusive, the pris- 
oners were self-supporting as to all expenses, and in the 
latter year they earned quite forty dollars per man above 
their cost, or $23,422.42 net income to the State. The 
prison has not been self-supporting since. In 1881 the 
prisoners earned $40.76 less per man than their cost, 
leaving $28,613.52 to be paid by taxation, or a net loss 
to the State of $52,035 94 as compared with 1873. 

The commissioners in their report for 1881 state that 
the expenditures have increased ten thousand dollars over 
the previous year. This, they say, is due in part to 
advance in provisions and in the item of coal consumed- 
They also say that the average number of prisoners for 
the past year being only 702, is a cause of increased cost 
and decreased earnings. 

But in 1873 the whole number of men was 586, agiiinst 
702 in 1881, and the total cost per man was $193.18 in 
1873, as against the cost in 1881 of $167.60; and in the 
first year the fewer prisoners earned $40.76 per man more 
than their cost. 

Fortunately, this institution is, as to its management, 
in some degree, within the reach of the Executive. 

I respectfully submit that much may be done by legis- 
lation to improve the discipline of the prison, and make 
the institution efficient as a reformatory, and to cause the 
labor of the prisoners to be self-supporting. 

The prisoners are congregated there in large numbers, 
without hope — without anything to which they may look 
forward, except the expiration of their respective sen- 
tences, and without any sufficient inducement to good 
conduct because the time of a sentence runs as well for 
the insubordinate and sullen prisoner as for the good one. 
The prisoner has no encouragement to labor cheerfully 
and efiectively. It profiteth not him or his. He goes to 
a daily task, irksome and hopeless. 

Might not legislation change all this, by providing that 



666 GovEENOR-s Addeess. 

every prisoner, by working steadily and efficiently, and 
obeying all the rules and regulations imposed upon him, 
may work off a portion of his sentence every month, 
according to his deserts — say ten days out of every 
thirty, as the highest reward of merit ; and a less number 
for less exertion, and less obedience and good conduct. 
Now, only obedience to all rules counts. 

I believe that this would do more to prevent insubor- 
dination and outbreak than guards, solitary cells, bread- 
and-water diet, or other punishments. 

Of couise, this could not apply to those with life sen- 
tences ; but still, good conduct and assiduous labor by 
them could easily, by law, be made a merit to shorten 
even life terms, through the pardoning power. 

Might not a certain percentage of the earnings of the 
prisoner be invested in a fund, apportioned according to 
his deserts and length of service, and be given the pris- 
oner when he is discharged, to start him in the world 
again — this percentage to be enlarged when the prison 
becomes self-supporting? Would not such provision be 
much better for the self-respect of the convict, being his 
own, than the pittance that now is doled out to him by an 
officer known as the " Agent for aiding discharged con- 
victs," who spent, in 1881, $2,654.43 in relief of the 
convicts, and appropriated $1,340.80 to himself, for salary 
and other expenses, in so doing ? 

AYould not another good result from this treatment of 
the prisoner? Experience, I doubt not, would show 
that, under it, nearly all of the convicts could be trusted 
to work out of doors, and upon that kind of labor which 
would not come in direct competition with the skilled 
labor of the honest mechanic outside, as the present sys- 
tem of employing convict labor in manufactures, in the 
state prison and houses of correction, now does. 

This method of employing convict labor is not wholly 
theoretical with me, but experimental. Within the limits 
of my command during the war, I found a large number 
of men who for various crimes, military and other, had 
been sentenced to longer or shorter terms at hard labor 
by courts-martial and military commissions. Upon in- 
specting them I found that hard labor consisted princi- 
pally in frolicking all night and sleeping all day, because 
of the lack of proper employment. No in-door work 
could be provided for them, but putting a distinguishing 



Governor's Address. ^^'^ 

uniform on them, under a few men to guard and control 
them, I put them at labor in cleaning the streets of a 
hostile city, giving them the inducement to good conduct 
which I have sketched. Although they were employed 
afterwards miles away from the army in repairing a brenk 
in a canal in the enemy's country, not a man was lost by 
escape, and a better and more efficient body of working 
men I never saw. 

Nor were they a ditFerent class of men from those men 
now in our state prison, except, perhaps, worse ; for it 
is well known that the exigency of filling quotas largely 
emptied the prisons of Massachusetts and other Northern 
States into the army. 

If the legislature will approve of this experiment, the 
Executive will give all needed thought and industry to 
organizing it into a successful solution of the questions 
which now make insubordination and sullenness " danger 
to officers, and cruel, although perhiips necessary punish- 
ments, to the men in our sttite prisons." If the experi- 
ment is successful it would probably be followed by em- 
ploying the convict labor of our several houses of 
correction, outside their walls, in raising on the lands 
attached to them a large portion of the food they con- 
sume. It might tend to take the state prison back to its 
condition in 1870, when its salaries, including the pay of 
the inspectors, were $36,823.06 and its ordinary expenses 
$76,210 53, or a total of $113,033.59, and its income 
$138,900. 

THE STATE REFORMATORY PRISON FOR WOMEN. 

The expenses of keeping women there are by fjir too high 
for any good result that is attained. There are very few 
inmates, so that the average cost of their support is larger 
than any other institution. Most of them are there for 
the offences of lewdness, vagrancy, drunkenness and beg- 
ging. The law is that a woman, for such offences, may 
be sent to this prison for one or two years, while men, 
fur the same offences, are punished by small fines or im- 
])ris()nment for hardly more than as many months, the 
theory of these long sentences for women being that long 
terms of imprisonment will work reformation. But 
there is a provision that the prison authorities, at their 
own pleasure, may send these unfortunates to other 



6G8 Goverxoe's Addeess. 

prisons, there to work out these long terms of sentence. 
Again, women are sent to the reformatory i)rison for 
from seven to ten years to be supported at this high cost. 
For such that is not a reformatory, but a punitive insti- 
tution. The experiment seems not to be a success. The 
prison is by far too costly for any supposed good that it 
does, and should be abolished. 

THE EEFOIJM SCHOOL FOR BOYS. 

Experience has also shown thatihe state reform school, 
at Westborough, is not a success. As you will see by 
the lists of appropriations, the proportionate expenditures 
for salaries are simply enormous, and there is a very 
large establishment kept up there, with a great quantity of 
land which might well be devoted to, and is needed, for 
other state purposes. With regard to this institution, I 
commend to you the latest recommendations of my imme- 
diate predecessor. 

THE INDUSTRIAL SCHOOL FOR GIRLS. 

This institution has outlived its usefulness, if it ever 
had any ; and concerning it the retiring Governor says ; — 

" There were forty-six girls in this institution a week ago — their 
number also having greatly decreased, and no longer justifying so 
large a per capita expense for their maintenance." 

In this opinion and recommendation that the school be 
abolished 1 most fully concur. These recommendations 
of the Executive were not heeded by the last legislature, 
probably because there was a board, and its officials 
interested that they should not be. They are again sub- 
mitted to you. 

There is another school to support, for which there is 
annually appropriated $22,500, over the expenditure of 
which sum the State has no control, and of which no 
account is rendered. For the existence of this school, 
so far as the State is concerned, I can see no sufficient 
reason. This is 

THE SCHOOL FOR IDIOTIC AKD FEEBLE-MINDED YOUTH. 

When the State shall have sufficiently educated every 
bright child within its borders, it will be time enough to 
undertake the education of the idiotic and feeble-minded. 



Governor's Address. C69 

I submit that this attempt to reverse the irrevocable de- 
cree as to " the survival of the fittest" is not even kind- 
ness to the poor creatures wlio are in tliis school. Give 
them an asylum, with good and kind treatment ; but not a 
school. The report trom that school shows that none of 
its pupils have been made self-supporting by its teach- 
ings. The report fiu'ther shows that those in whom some 
spark of intelligence has been awakened, have become so 
ashamed of their school that when they write to their 
parents thej beg for paper and envelopes which have not 
its card upon it. That is, they have been educated sim- 
ply enough to know of their deficiencies and be ashamed 
of themselves and their surroundings. We do not con- 
tribute to their happiness by giving them that degree of 
knowledge. A well-fed, well-cared-for idiot is a happy 
creature. An idiot awakened to his condition is a miser- 
able one. 

THE INSANE OF THE STATE. 

This pitiable and helpless class are, more peculiarly than 
any other, the wards of the State, appealing to us to care 
for them by every sentiment of sympathy and justice. 

They have been treated, with slight variation for fifty 
years, since the establishment of the first hospital at 
Worcester, substantially in the same manner of confine- 
ment, save in the earlier days the paucity of their num- 
bers gave opportunity for more assiduous care. 

All classes of the afflicted with mental disorders have 
been sent to, and received in the same hospital, whether 
incurable or chronic, the violent with acute mania, the 
demented or imbecile. Those with mania for crime, 
those insane only from religious fervor, the pauper and 
degraded, men and women all herded together, separated 
only by necessities of restraint and safety. 

As the increase of patients required new hospitals it 
would seem to have been obvious that some classification 
of the insane, from requirements of different treatment, 
would have been made, but this has not to any practical 
degree been done, although we have five hospitals — at 
Worcester, Taunton, Tewksbury, Northampton, and Dan- 
vers. Each was organized under the control of a sep- 
arate and distinct board of trustees, with separate 
superintendence ; each was filled up with all classes of 



^'^^ Governor's Address. 

patients as at first, save Danvers, which only differs in 
having a large proportion of pauper insane. In all but 
one ot these hospitals private patients of the same differ- 
ences in their madness are also cared for. 

From the reports of the boards having them in charge 
it appears that the insane are increasing at the rate of two 
hundred a year, or five per cent, on the number of the 
insane, while population increases only two percent., and 
that in the very near future more accommodation will be 
required for them. This increase may be accounted for 
because of the great excitation of the mind and overwork 
of the bodies of our citizens, in these days of intense 
activity which pervades every department of business 
and thought. 

In the early days of our hospital treatment, w'e are told 
by the reports of the learned physicians who had them in 
charge, that a very large per cent, of cases of insanity 
might be and were cured, and the percentage was stated 
to be as large as seventy-five and afterwards sixty per 
cent. 

We are now told by the latest reports of their scientific 
successors that sixty out of every one hundred afflicted 
must die insane. In every other department of thera- 
peutics, increased knowledge of physiology, more accu- 
rate acquaintance with the causes of disease, the many 
additions to the materia mecUca, have softened, amelio- 
rated and checked the ravages of other sickness, lessened 
its fatality, and increased the number of cures. Is it not 
to be hoped that even experience, research, and scientists 
are at fault when they pain us with so startling and ter- 
rible an announcement? 

" Oh star-eyed Science, hast thou wandered there, 
To waft lis back the tidings of despair?" 

May we not inquire if some change of treatment or of 
confinement will not biing alleviation? Is not the experi- 
ment at least worth trying? Can we not by classification, 
and putting together those in one institution who give 
hopes of recovery, in another those who are violent and 
need physical restraint, and in still another those afflicted 
with dementia or imbecility, who are harmless and need 
no restraint, but care only, do something to alleviate 
these maladies? This can be done efficiently only by 



Governor's Address. 071 

consolidating all the hospitals under the charge of some 
one responsible head, of sufficient executive ability and 
scientific skill, who can, having full control, make this 
classification and separation which, because of our system 
of separate boards of trustees and separate government, 
cannot now be done. Naturally each board of trustees 
looks only to its own institution. It is a corporation put 
under its separate management. Indeed, some of the 
older institutions have been so far managed on that plan, 
that they have funds amounting to many thousand dollars 
each, which, as I am informed, they have accumulated 
from what they received from the State for the care of its 
own insane, in its own hospitals, over and above the cost 
of their support to their corporation. These sums, for 
purposes they doubtless think wise, the trustees control 
without any accountability to the State or its accounting 
officers. 

Into that matter, of course, you will carefully examine. 

The general supervision of these institutions is, by the 
Act of 1879, put under the board of health, lunacy and 
charit}^ who manage them, so far as they are managed at 
all, through a committee of lunacy, and this in addition 
to the other duties of this board, to take care of the 
health of the paupers and a large proportion of the crim- 
inals of the State, and also their duties imposed upon them 
by statute, of ascertaining the quality of everything that 
everybody in the Commonwealth eats and drinks, and all 
the drugs and medicines we consume, and the quality of 
the cosmetics that the ladies are supposed to use. 

It will not be w^onderful if we find some things have to 
be neglected by so versatile and overworked a board, es- 
pecially as they all work without pay. 

Members of the board, interested in and capable of 
taking charge of the sanitary condition of the State, find 
their duties in taking care of paupers distasteful; while 
those with an aptness for paupers have no sufficient knowl- 
edge of the laws of mental alienation to have superintend- 
ence of lunacy; and those having that scientific knowl- 
edge which would fit them for the latter work, have no 
taste for looking after the sewerage or paupers, prisoners 
or cosmetics of the State. 

This incongruity has led to the resignation of nearly a 
majority of that board, losing to the State the sei vices of 



672 Goverxor's Address. 

some of the best-fitted men, for portions of the work, 
upon it. 

All these establishments for the insane have large quan- 
tities of land. If you are called upon, as you will be, to 
furnish further accommodation for the insane, why not do 
so by the Swiss system of families in cottages, for the 
harmless and quiet, which may be cheaply constructed ? 
A family of harmless chronic insane, for whom no physi- 
cian is needed, could be taken care of by a single man and 
woman, and the cottages being contiguous, they may have 
a common dining-room for all. Thus they might have all 
the comforts of home, so that life would be to them quiet 
and endurable, even if without hope of change, save the 
last. 

I trust, certainly, that no more architectural follies, to use 
no harsher term, will be permitted, like the Danvers Hospi- 
tal. A board could allow that to be built at the expense 
of nearly two million dollars. If any man had built it, he 
would have been exiled by force of public opinion, if no 
other, or shut up in the monument of his own folly and 
recklessness. 

The institution for insane, principally paupers, at Dan- 
vers, and the new hospital at Worcester, have cost the 
State for the few less than 1,250 patients there, $2,500 
each, besides a weekly cost of nearly four dollars each. 

The past is gone. Will not the legislature make some 
provision b}'' which all this can be changed for the future, 
and managed upon economical and business principles? 

There is another matter of very important concern 
which I commend to your consideration, in relation to the 
insane establishments, as well private as public, and that 
is, their doors open altogether too easily inward, and with 
too great difficulty outward, in the reception and dis- 
charge of their inmates. An allegation of aberration of 
mind is easily made and quite as easily proven by experts ; 
and, although it may amount to no cause for incarcera- 
tion, yet the very expert who gives his testimony is now 
allowed to adjudicate upon it sufficiently to sentence the 
accused to what may be perpetual imprisonment. 

In no other case is the liberty of the citizen so loosely 
guarded, or so much in danger. Nor is his personal lib- 
erty allowed to be interfered with in any other case with- 
out the assistance of counsel, and full right and oppor- 
tunity to appeal to the highest court. 



I 



Governor's Address. 673 

For the patient to get away from the hospital, espe- 
cially where it is making money by keeping him, is diffi- 
cult, because of the temptation to hold him where those 
procuring the incarceration may be willing to pay a large 
sura for the care of the prisoner. 

I submit that this matter ought to be carefully guarded 
by legislation, giving every facility for setting at large the 
imbecile and harmless insane, whenever they become 
hopelessly incurable, and relegating them, as other harm- 
less people are, to the home care of their friends and rel- 
atives, who are bound to support them. 

THE MANXER OF ACCOUNTING WITH THE AUDITOR. 

The people of the Commonwealth generally suppose 
that their safety in the matter of expenditures is in the in- 
tegrity and care of the state auditor in auditing all bills 
against the Commonwealth. 

I must not be understood to say that the estimable gen- 
tleman who tills that office does not do, in that regard, all 
that he or any one else can do, under our system of aud- 
iting, nor that the committee of the council on accounts 
do not do their duty. The fault is in the system not in 
the officers. In the first place, many of these expendi- 
tures are audited by the boards or commissions which au- 
thorize them, and whose appointee or agent incurred 
them. Such system has grave and well-recognized faults. 
Again, I commend to your attention the statute require- 
ment as to keeping the accounts, and the manner of stat- 
ing those accounts in the auditor's report. Faithfully fol- 
lowed they lead to great confusion and uncertainty, so 
that even an expert book-keeper may well be puzzled in 
obtaining accurate results from them, certainly until he 
has learned the system. This should not be in reports of 
mutters which ought to be examined by all, as in them all 
are interested. 

SUPPLIES PURCHASED FOR THE STATE. 

In view of the very large purchases of supplies of mer- 
chandise and materials of every description for carrying 
on the business of the State, now purchased in compara- 
tively small quantities by a great number of persons with- 
out any responsibility as to price paid, or possible ac- 
quaintance with the actual price, amounting in the aggre- 



GT4: Governor's Address. 

gate to quite a half million dollars annually, I would rec- 
ommend that a purchasing officer for all state supplies of 
every name be appointed, with a salary sufficient to in- 
sure the services of a competent business man, to be com- 
missioned by the Executive for three years, unless sooner 
removed for cause, to give adequate bond, with sureties, 
for the faithful performance of the duties of his office, who 
should be charged with the making of all purchases of 
su))])lies of every kind now bought, or to be bought, and 
paid for by the State. Purchases, in all cases where the 
amount of any one class of articles probably to be used in 
one year exceeds in amount one thousand dollars, to be 
made by advertising for proposals from dealers and man- 
ufacturers, according to saniples, and contracts properly 
guarded made thereunder, save that in case of exigency, 
purchases may be made in open market upon approval of 
the Governor, as also the purchases of articles of less 
amount at current prices in open market ; no officer or 
employee in any de[)artment of the state government to 
be directly or indirectly interested in such -sales to the 
agent; all departments of the state government needing 
supplies to make timely requisitions specifically upon the 
purchasing agent. Of course the law would provide the 
proper details for auditing the accounts and paying for 
the purchases. 

Experience in the conduct of very large business cor- 
porations has shown the necessity for such purchasing 
agent. Purchases made in any other way by a large 
number of persons, even if there is no suspicion of the in- 
tegrity^ of the purchasers, must of necessity be at a much 
higher rate than if purchased in bulk. 

Another advantage to be derived from such system of 
requisitions and i^urchases will be that the officers requir- 
ing the goods, if they do not come up to sample in 
quality, would immediately return them upon the hands 
of the purchaser, who would throw them back upon the 
seller ; so that all complaints of inferior or damaged goods 
being purchased would cease. For example, no superin- 
tendent of an asylum w^ould receive damaged provisions 
from the purchasing agent, and would have no tempta- 
tion, as now, when he buys them himself, if damaged 
provisions should get into his possession, to feed them 
out to the beneficiaries under his charge. The most lib- 



Goveknok's Address. G75 

era! salary and expenses to such a purchasing agent woiiUl 
still leave a very large margin of saving to the State. 

Provision might also be made to allow counties, cities 
and towns, and perhaps private charitable institutions, to 
make requi:?itions upon the purchasing agent of the State, 
paying on delivery the net cost of the goods to the State, 
including, ^jro rata, the expenses of the purchasing agent, 
thus supplying themselves at a cheaper rate. 

I also earnestly advise that such several branches 
of the business of the Commonwealth, each for it- 
self, shall be put under the control of some one compe- 
tent man, who shall be made directly responsible to the 
people, or the executive chosen by them, for its adminis- 
tration. 

Surely such men can be found in this Commonwealth, 
if anywhere on earth. If the treasury department of the 
United States, with its varied duties, powers and respon- 
sibilities, can be administered by a single secretary, none 
of the institutions of which I have spoken ought to be 
beyond the competency of one of the many highly intelli- 
gent men of this Commonwealth, of large business expe- 
rience, who would manage the atiairs of the State upon 
the same business principles, and with the same success, 
that he manages his own. 

Boards composed of numerous members, while they 
are a better shield, are always the most cumbersome and 
expensive. 

The cost of one man, whatever the State might pay 
him, would be the most economical in the end. Were 
one man managing, say the pauper branch of the busi- 
ness of the board of state charities, he would, from the 
very nature of things, have but few relatives, and still 
fewer personal dependents, for he would not dare to open 
himself to the charge of nepotism by placing them in pub- 
lic office. Nine men of the board would have nine times 
as many as one man would have, and only a ninth of the 
responsibility for what was done. If one of a board 
wishes to have his son or nephew employed, neither one 
of the associates can well object, because of official court- 
esy, and specially if the others, or any of them, desire the 
appointment of his or their friends and dependents. 

I recommend, also, to give the Governor and his Coun- 
cil the power to summon witnesses and to take testimony 
as a court would have, to investigate abuses in the conduct 



676 Goveenok's Address. 

and administration of public affairs, and some power to 
apply the proper remedy, unless it is intended to put the 
whole Executive government of the Commonwealth into 
irresponsible commission. If so, abolish your Executive 
department and save its expense, because it is, in law and 
in fact, useless, aud may not be ornamental. 

CIVIL SERVICE REFORM. 

I congratulate the Commonwealth that one branch of 
■what is known in political circles as "Civil Service 
Reform," is, and has been, since 1879, in most full, effi- 
cient, and thorough operation in this Commonwealth, and 
that is, fixedness of tenure of office^ as I have before 
demonstrated. 

The " civil service reform" manner of appointment, by 
competitive or other examination, has been wholly ig- 
nored. On the contrary, the practice has quite generally 
obtained, of the officer having the appointment putting his 
■wife, his son,, his daughter, his son's wife, and his sister 
in office as assistants and clerks, and into other official 
and salaried places. Whole families are sometimes ap- 
pointed to salaried places. Besides, the rule is, with 
hardly exceptions enough to prove its correctness, that all 
the salaried and paid officials, at least of the higher grades, 
have been, and are, of a given political faith. If it were 
profitable I could give very many instances in illustration 
of each of the truths above stated, and will do so when- 
ever called upon. 

In addition to these there are other defects in the civil 
service of the Commonwealth which need reformation very 
much indeed, which have never been discussed, so far as 
I am informed, even by any of the clubs of political 
reformers. Certainly they are of as great interest to the 
people of the Commonwealth as either of the other mat- 
ters of civil service reform. They are these : — 

First. There are very many more officers and salaried 
agents and employees in the Commonwealth than are 
necessary to do its business. 

Second. They are paid, on an average, quite one-half 
more than the salaries for which competent persons could 
be obtained to do the same work, or which are paid in 
other like business by employers in the State. 

I would therefore advise, as a measure of "civil ser- 



Governor's Address. 677 

vice reform," that at least one-third of the paid officials 
doing the business of the Commonwealth, who are not 
imbedded in the Constitution and cannot be reached by 
law, should be cut off by stringent enactments of law, and 
the salaries of the remainder reduced, on the average, at 
least one-half in amount and emoluments, travelling and 
official expenses. These latter items are a fruitful source 
of abuse. 

If the legislature will cut down and limit the officers 
and salaried agents of the Commonwealth, and the amounts 
of their salaries, as I have indicated, and give power to 
the Governor so to do, he will undertake to carry on the 
needed business of the State with the reduced number of 
officers, agents and employees, and if the present officers 
and agents resign their places (which most of them will 
not do) on account of the reduction of their salaries, will 
fill their places, and any others which may become vacant, 
with equally good and efficient incumbents selected and 
appointed under the most carefully prepared rules of 
competitive examination, for the estal>lishment of which 
he trusts the legislature will make provision. Especially 
would this be true in the higher grades of educational 
schools of the State. 

Would it not be better to enact by law that two of a 
family, by blood or marriage, should not hold appointive 
office in the same department of the State government, 
like the provision adopted by the Senate of the United 
States in the bill recently passed by that body ; and 
further, that if there are two or more already in, the one 
who appointed his relatives shall go out ; because the 
appointment may not be the fault of the relative appointed, 
as in the case of a son who would feel obliged to obey his 
father. The same rule should apply where there has been 
an exchange of offices ; i. e., where the head of one depart- 
ment appoints the relative of the head of another depart- 
ment, Avho had appointed or will appoint the relative of 
the first to some oifice in his department. 

There will be no need of any provision in this regard in 
relation to the military department, for it is already under 
the control of the Governor. 



678 Govee]S'or's Address. 



MORTGAGES ON REAL ESTATE. 

By the benevolent spirit of the common law of England, 
in case of land mortgaged, a right of redemption re- 
mains in the debtor for three years. This was the law in 
this State until about 1835, when a practice grew up, un- 
known to the common law, of introducing power of sale into 
mortgages, by which, upon a certain notice therein con- 
tracted for, the mortgao^ee could sell the whole estate at 
auction, and return the balance, if any, which it brought 
over the debt and expenses, to the mortgagor. After- 
wards, this practice was sanctioned by legislation, and 
that legislation grew more and more stringent in favor of 
the mortgagee, until 1879, when an act was passed, to 
take effect iqjon its passage, by which the mortgagor could 
be summarily ejected from the land after it was sold. 

In practice now, all mortgages require a release of 
rights of homestead and dower by the wife, so that for a 
mortgnge debt the family can be driven from their home- 
stead after the shortest possible notice. 

Whether the right of homestead should be permitted 
to be mortgaged at all, is a question of public policy which 
might well engage your attention. 

As the mortgage is given only as a security for the debt, 
and as all the moitgao^ee ousfht to have is his debt, and as 
in practice, sanctioned by law, the mortgagor, or some one 
for him, is the buyer at the sale, I would recommend that 
a time of redemption, say one year, be given upon all 
mortgages of real estate, the mortgagor to retain posses- 
sion after sale during that time, provided he pay a rental, 
monthly in advance, equal to the interest upon the debt, 
costs and expenses of sale, the property to be deeded 
to him by the purchaser at any time when he shall have 
paid the costs and expenses of sale, and the debt and 
interest for which the propertj^ is sold, within a year and 
a day. Land taken on execution for debt has this right 
of redemption. Why make a diiference between the two 
classes of real estate securities? 

TAXATION. 

The amount of taxation collected for state, county, city, 
and town purposes, in 1882, as reported by the secretary 
of state, was $26,090,000. The amount assessed directly 



GovEKXOTi's Address. 679 

by the State, in addition to the above, was $4,662,000, 
making a total taxation of $30,752,000. 

The legislature of 1881 enacted a statute which took 
effect on the first day of January, 1882, to apportion the 
taxation upon mortgaged estates between mortgagee and 
mortgagor, according to their respective money interest 
in the property, the sequence of which law was a decrease 
in the amount of taxable property secured by mortgage of 
nearly $48,000,000. Of course there was no such amount 
of debt secured by mortgages collected in the Common- 
wealth in that year. What has become of it? 

It is a misfortune which follows all taxation, and is as 
actual in this State as anywhere else, that a large pro- 
portion of the property escapes taxation ; and that por- 
tion belongs to a class of citizens the most wealthy and 
able to pay taxes. 

One method of such escape is to invest in property out 
of the State, ^. e., enjoy its benefits and escape its bur- 
dens. Another is to invest it in United States untaxable 
securities. Still another : the person who ought to be 
taxed makes his residence in a town other than where he 
does his business, and whore he may escape taxation, 
which })rotects that business, by going into a town where 
a lower rate of taxation obtains. He thus can lessen his 
tax very considerably if he chooses the right town for 
a residence, because there' is one town in this Common- 
wealth where the taxes are only $4 on the thousand, and 
there is another where the tax is $35 on the thousand. 

The tax-evader makes a still larger deduction, being of 
large wealth, by making a bargain with the assessors of a 
town that he will move into that town if he should be 
taxed for a certain amount of property only ; which sum, 
may make a very considerable addition to the taxable 
property of the town, and so the assessors make the trade. 
There was still another hiding-place, before the late law 
in regard to mortofno-ed real estate. It was the custom of 
the tax-shunners to invest money and take mortgages in 
the name of some friend or relative out of the State as 
trustee. 

There would seem to be no promptings of conscience as 
to escaping taxation, because this is known to be done, 
and there have been convictions before the courts for do- 
ing it, by men who otherwise claim to be reputable, and 



680 Governor's Address. 

who make special assertions of their honesty and integ- 
rity. 

Nothing can be more inequitable or unjust than these 
practices. Legislation should be framed with the utmost 
vigilance and stringency to correct or remedy them. 
"Equality of right and equality of burdens under the 
law " is fundamental. Such acts ought to be fully pun- 
ished. The disastrous eflect of this evasion of taxation 
is to throw all of the burdens of the government of the 
State upon its enterprise and business. They fliU only 
upon property which is in the sight of the assessor, the 
manufactory and its supplies ; the stock in trade ; the 
buildings used for mercantile pursuits ; the machine-shop 
and workshop, and their supplies ; the dwelling-house, 
however spacious or humble; but, above all, upon the 
farm and its stock — every head of cattle upon which is 
numbered, the exact value of both being well known — 
and upon the investments of laboring men and women in 
savings banks and co-operative societies. So diseastrous 
to many kinds of production is this matter that some 
States are obliged to relieve them from taxation to foster 
them, which only increases the burden on their other 
industries. So onerous is our taxation upon the agricult- 
ural interests, from which, as a rule, money comes slowly 
in, that the cultivation of farms is being to a considerable 
degree abandoned ; and there are portions of the Com- 
monwealth, where agriculture is the leading business, 
which have retrograded both in wealth and population. 

During the preparation of this Address I have been 
asked to recommend some measure of aid to agriculture, 
through legislation. I know of but one, and that is the 
reduction of taxation. A sop thrown to farmers, in the 
shape of a few hundred dollars given to agricultural 
societies, " breaks the word of promise to the hope." 

I know of no measure of relief which will reach the 
farmer, except relief from taxation. 

To do that it may be necessary to extend to the farm, 
actually occupied and wrought upon by the owner, some 
exemption. 

The law now exempts "a thousand dollars worth of 
household furniture to the householder, and three hundred 
dollars worth of tools to the mechanic." 

I am aware of no correlative exemption to the working 
farmer ; for his household goods are rarely worth half 



Governor's Address. 681 

that, and his stock less than one year old, and sheep and 
swine less than six months old, now exempted, will not 
average three hnndred dollars in value. 

We now permit property used in the production of 
beet sugar to be exempted from taxation ; might not the 
same exemption be extended to the production of sugar 
from sorghum, which is claimed to be a coming industry? 

If all the property in the State could be reached and 
porportionately taxed, even if our expenditures were not 
lessened, onr taxes would be reduced one-half; they now 
being nearly equal to one-half the income received upon 
a perfectly safe investment in the public stocks. Why 
should not this be done? The neighboring States of New 
Hampshire and Vermont have already enacted some very 
carelully prepared, and as the result shows, elfective 
legislation in that direction, which they are improving 
year by year, which I commend to your special attention. 
No candid man can state an objection to laws directed to 
the equalization of the burdens of taxation. 

One of the best methods to lessen taxation is the strict- 
est economy in making appropriations for public expenses, 
whether for State, county, city or town. 

Let me repeat : Abolish all unnecessary offices and 
paid employments of the State, cut otf all questionable 
expenditures. 

The expenses necessarily attendant upon legislation are 
very lai'ge, and there is no easier way of reducing them 
than shortening your session. I know the legislators, 
staying here away from their homes and business, desire 
it, as you know your constituents so do. 

FIRE INSURANCE. 

The standard of the fire insurance companies doing 
business in the Commonwealth is deservedly high. By 
the discrimination made against the home fire companies 
by taxation, for a reason that I cannot discover, their 
business sutfers in competition with foreign, i.e.-, Euro- 
pean companies, insuring here. The premiums paid in 
cash, for the year 1880, amounted to $5,479,825. Of 
those premiums $1,187,022 were paid to European com- 
panies. These companies pay to the Commonwealth a 
tax of t'.vo per cent, upon such premiums. The aggre- 
gate taxes paid by Massachusetts companies in various 



G82 Goyeenok's Address. 

forms under existing laws, have averaged for a seiies of 
years little less than five per cent, on their premiums re- 
ceived. Your attention is called to the reasons for this 
discrimination, and to provide, if wise, for an equalization 
of this taxation, which would add to the revenues of the 
State the sum of about $25,000 annually. 

RAILROADS. 

Our railroads are working in a manner creditable to 
themselves and the State as carriers of passengers ; cer- 
tainly so far as the safety of the general public is con- 
cerned. 

There is one matter, however, which I think the man- 
agers of every well-regulated railroad will agree with me 
needs attention, — the overworking of railroad employees 
who have to do with the running of trains, whether- on 
them or as switchmen, gatemen, or station-men. Faith- 
fulness, care and activity in all these are imperative for 
the safety of travellers. On some railroads these men 
work too many hours, and a number of accidents occur 
from their inactivity and exhaustion from this cause. I 
suggest that legislation be had by which no employee con- 
nected ^vith the running of trains on any steam railroad 
should be employed more than ten hours in any one day, 
with a proper interval for food, except in case of accident 
or emergency. This would be economy in the manage- 
ment, because, to say nothing of regret for loss of life 
and limb to the passengers, a single accident would cost 
the road much more than an amount sufficient to duplicate 
even, the salaries of such employees for a considerable 
length of time. 

To make this law self-executing would only require 
provision that in case injury came from the working of a 
train wheie any one connected with it had been employed 
more than that number of hours, such fact should be 
prima facie evidence of negligence on the part of the 
road. 

The numl)er of employees injured and killed during 
the year calls for legislative action. During the last year 
198 were hurt on the roads in this State, of whom 56 
were killed. Nor is this an unusual number of such 
fatalities. A very considerable portion of these accidents 
happened in the coupling and uncoupling of freight cars. 



Governor's Address. 683 

Are not such accidents preventable? If so, preventable 
accidents become crimes. If railroad managers were as 
careful of the lives and limbs of their employees as the 
verdicts of juries have made them of the safety of their 
passengers, some means of automatic coupling and un- 
coupling cars would have been adopted. May not legis- 
lation require it? 

A part of this carelessness as to the safety of the em- 
ployee has arisen from the interpretation of the law that 
employees insure each against the carelessness of the 
other, and the company is not liable. How far this rule 
ought to extend when the employees are co-operating 
together to perform a given service for the road at the 
same time is one question, but quite another Avhen the 
employees are not so engaged. I submit the rule ought 
not to appl}' in the latter case. For example, if an em- 
ployee is riding in the car on the business of the com- 
pany, or his OAvn business, by peruiission of the company, 
going to his home, which privilege may in fact be a part 
of his compensation for services, he having nothing to do 
with the working of the train, — should he not rather be 
considered a passenger when the rules of law are applied 
to him? 

There are foreign railroad corporations operating trains 
within this Commonwealth. Would it not be better that 
some legislative provision should be made requiring them 
to give security to indemnify any person injured by their 
operation? There are claims now existing where there 
is practically no remedy for such class of injured persons. 

PUBLIC CORPORATIONS. 

Under this head I class all those corporations which 
serve the public and have, under the law, a right to use 
the public property in carrying on that service. 

The people of the Commonwealth and their represen- 
tatives have a right to know the exact condition, standing, 
earnings, disbursements, dividends and conduct of all 
such corporations. Some of them, for example the rail- 
roads, are obliged to make and do make full and satisfac- 
tory returns to give such information. I suggest that 
like provisions be extended to gas, telegraph, telephone, 
passenger steamboat, water supply and other like com- 
panies. 



084 Goveeis^oe's Addeess. 



EDUCATION. 

Massachusetts has claimed, and justly, as large a pro- 
portionate expenditure of money on the education of her 
children as any State in the Union. From the long con- 
tinuance of her government, the substantia] stal>ility and 
compactness of her population, the influence of this vast 
expenditure upon the education of her people, if eiiiciently 
and properly administered, should appear in a more ex- 
tended as well as higher educational standard of her 
citizens. 

Such result is especially necessary to her people, be- 
cause she has by constitutional enactment made reading 
and writing a pre-requisite to suffrage. 

I assume that all will agree that the instruction to be 
furnished by the State, derived from the resources and 
taxation of all, should be equally for the benefit of all. 

Any system of education which takes from such fund, 
belonging to all, for the special education of a few, which 
is not and can not be given to all, is a misappropriation. 
It should be the aim of the State in education, as well as 
in everything else, to raise up the mass of her citizens to 
the highest possible plane. If the substratum is raised, 
all above it will be raised in equal degree. 

There are two States in the Union — Iowa and Cali- 
fornia — which appropriated for 1880 more money per 
capita for education than Massachusetts. It appears by 
the report of the commissioner of education for 1880, 
that the State of Iowa expended for education the total 
sum of $5,621,248 ; and that Massachusetts expended 
the sum of $5,156,731. The population of Iowa was 
1,624,619; the population of Massachusetts was 1,783,- 
085, — not far from equal. 

In 1880 the native-born population of Iowa above ten 
years was 926,301. The native-born population of 
Massachusetts above ten years was 1,005,576. Or, Iowa 
had 75+ per cent, of such native-born population, while 
Massachusetts had 70-[- per cent., or 5 per cent, less than 
Iowa. 

Now the illiteracy of Massachusetts, i.e., those of ten 
years and upwards who could not read, was by the same 
census 5.3 per cent. ; and the illiteracy of Iowa by the 



Governor's Address. 685 

same census was 2.4 per cent., or 2.9 per cent, less than 
Massachusetts. 

This difference of illiteracy as against Massachusetts in 
the comparison between her and Iowa cannot be accounted 
for from the fact that Massachusetts had more foreign 
population, because the excess of our foreign popuhition 
was only 5 per cent, over Iowa, which would only reduce 
the per cent, of illiteracy in favor of Iowa and against 
Massachusetts to 2.32 per cent. 

What distinguishing ditference is there in the systems 
of education of the two States in their administration? 
Iowa, of the $5,021,000 expended for educational pur- 
poses, expended only $2,901,948, for salaries, including 
superintendents; while Massachusetts, of $5,156,000, 
expended $4,494,225 for salaries for teachers, including 
expenditure for apparatus and school-books. 

Cost to Iowa per capita of her school population, 
$8.17; Massachusetts, $14.91. 

Iowa paid au average of $31.16 per month per male, 
and $26.28 for female teachers. Massachusetts paid an 
average of $67.54 per month for male, and $30.59 for 
female teachers. 

One noticeable fact will appear from these figures : 
that not only is the percentage of illiteracy less in the 
State where the salaries of teachers are less, but while the 
amount paid for salaries and other expenses in Massachu- 
setts has been steadily increasing for years, the percent- 
age of illiteracy has not decreased with equal step. 

Boston affords a curious illustration of the increase in 
cost of teaching in her schools. I take that city for illus- 
tration, because she has every class of schools ; they are 
claimed to be the best in the Commonwealth, and the city 
has quite one-fifth of our population. In 1854-5 the 
whole number of day scholars was 22,528 ; the salaries of 
teachers, officers, and school committee, $198,225 ; the 
net rate per scholar, $10.94 ; the total expenditure, 
$274,847. In twenty years, 1874-5, the whole number 
of day scholars and evening scholars, 46,464; salaries of 
teachers and officers, $1,249,498 ; rate per scholar, 
$36.51 ; total expenses, $2,081,043. Increase in number 
of scholars, 106.7 per cent. ; increase in cost of teachers, 
530.3 per cent. ; increase in cost per scholar, 231.6 per 
cent. ; increase in total expenses, 657.1 per cent. 



6SQ Goveenor's Address. 

As an example of what ihcse expenses consist, I give 
the following items : — 

Superintendent, $4,200 00 

Six supervisors, at $3,780 each, 22,680 00 

Secretary, 2,000 00 

Auditing clerk, 2,000 00 

Assistants, 2,400 00 

Copyist, 720 OJ 

Messeno-er, 1,400 00 

16 truant officers, 18,360 00 

Salaries of instructors of high schools, .... 153,830 74 

Special instruction in music, 10.920 00 

Tuning pianos, covers and repairs, . . . . 1,321 00 

Drawing schools, 11,136 00 

Dravping, penmanship, etc., nc rmal, .... 1,380 00 

Military drill, armory and calisthenics, . . . . 3,111 40 

Instruction in French, 3,870 00 

Instruction in German, 952 00 



$240,281 14 



Some of the matters to be tanght, as the teachers are 
examined in them, are music, drawing, physiology, phy- 
sics, botany, zoology, geology, astronomy, chemistry, 
psychology, Greek, Latin, French and German. 

But the spelling-book is banished. 

It will be observed in this list of studies, and the list of 
salaried teachers, that while drawing is taught at great 
expense, there only appears the sum of $1,380 that has 
any relation to peimianship, and that in the normal 
school. Nor is there any provision for teaching book- 
keeping, even in the lower and most simple forms ; and 
the eame may be said of other cities in Massachusetts. 
Now, we know it to be true, as a fact, that in almost all 
the cities and many of the large towns of the Common- 
wealth, there are private schools to teach book-keeping 
and the manner of transacting commercial business, some- 
times called commercial colleges, and whose advertise- 
ments and circulars show that they claim the necessity 
for their existence is, that such branches are not taught 
in our schools. Why not, rather than physiology and 
l^sychology? And the pupils in those schools are usually 
graduates from our high schools, where these fancy 
branches I have named are taught. 

I sul)mit these are not subjects to be taught in a com- 
mon-school education; certain 1}^ not until the high per- 
centage of illiteracy in Massachusetts, i. e., persons leu 



Goverxoe's Address. (587 

years of age and up who cannot read, of 5.3 per 
cent., is brought down to the grade of a far western new 
State, hardly yet wholly reclaimed from the wilderness, 
Iowa, which has 2.4 per cent, of illiteracy. 

Notwithstanding all boasts of what we had been led to 
believe was rightful of our school system and schools ; in 
spite of the learning and culture of Massachusetts ; of our 
enormous outlay, — more in proportion than any of the 
other States, save two, one of which, California, is more 
illiterate than we are in percentage, — ^Massachusetts has 
a greater percentage of her citizens who are illiterate, i.e., 
above the age of ten years, who cannot read, than the 
States of Colorado, Connecticut, Illinois, Indiana, Iowa, 
Kansas, Maine, Michigan, ISlinnesota, Nebraska, New 
Hampshire, New Jersey, New York, Ohio, Oregon, Penn- 
sylvania, Vermont, and Wisconsin, so that she is the 
nineteenth State in the illiteracy of her population of the 
thirty-eight. 

The deductions which I make from these facts are : 

First, That we have schools for special classes which 
draw from our general school funds, which should be for 
the use of all alike, by far too much. 

Second, That the salaries of the principals in most of 
the higher schools, teachers and supervisors are very 
much more than they ought to be. Or, to use other 
words to express my meaning, higher than other like busi- 
ness pays, and higher than the sum for which equally 
good services could be, and are, obtained. As a rule, 
salaries do rise, but rarely or never lower ; and the larger 
the salaries the more surely this rule works. 

But this is not true of the teachers in the lower grades, 
of whom more than 84 per cent, are women, whose sala- 
ries, in comparison, are by far too low, being, as we have 
seen, only 44 per cent, of the salaries of men. I believe 
that the best teachers are wanted for the lower grade 
schools, and that a woman who can teach successfully 
such schools does the most service to the State, and ought 
to be correspondingly paid therefor. 

Not till after the children of the whole people are fur- 
nished with opportunities to have the rudiments at least 
of an education, such as will best fit them for the posi- 
tions they must occupy — and the statistics show that 91 + 
per cent, of them have gone from school to their avo- 
cations in life at the age of fifteen — should the hi<rher 



688 Goveenor's Address. 

branches of education be given to any, and when given, 
equally to all, only so far as they can be aflforded withia 
the limits of proper, nay, generous taxation. 

To state my views in another phrase : as a prevention 
of pauperism and crime, to fit our people for suffrage, 
use all the educational force of the State, educate the 
masses up to a certain necessary point. The classes 
above will and ought to educate themselves up to a still 
higher point. 

Do not take the common fund and give it to the few, or 
have it expended in such a manner that all cannot equally 
enjoy its advantages; and, above all, have that expendi- 
ture an economical one, and not pay low salaries to the 
teachers of the many, and high salaries to the teachers of 
the few. 

It is impossible to pursue this subject, in all its ramifi- 
cations, in the limits of this Address. I give you some 
of the results of a somewhat patient investigation. 

In order that I cannot be misunderstood when I say 
that our school-fund money is diverted extravagantly from 
the many to whom it does belong, to the use of the few 
to whom it does not belong, I illustrate this topic by the 
facts concerning an industrial school established in this 
State in 1873, under the name of the State Normal Art 
School. It had been in existence eight years up to the 
time of which I have a report. During its existence the 
whole number of pupils resident in Massachusetts had 
been 1,047, an annual average of 131, who attended it for 
any time at all. Of the whole number 42 resided outside 
of the State. Most of its pupils attended the school a 
very short time each. Only seventeen of the whole num- 
ber graduated from the full course, and only a small part 
of the whole number were ever qualified to teach in one 
or more branches of art education. Of the total number 
of pupils residing in the State, to wit, 1,047, 839 came 
from two counties, and 44 only came from six other coun- 
ties of Massachusetts, or only two more than those who 
came from other States. Can such a school as that be 
deemed to be a common school of Massachusetts, equally 
open to all her citizens, or is it a special and very uncom- 
mon school, for a few only? 

Each Massachusetts scholar ever in that school has cost 
the State $128.46, being his proportion of $134,507.16 
Avhich the school has cost the State during eight years. 



Governor's Address. 6^^ 

A lar^e proportion were evening scholars ; the percentage 
of whom was 30, in 1881. It is fair to conclude that the 
same percentage obtained during the eight years of its 
existence. 

Ought the common-school fund, or money derived by 
taxa