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

ACTS 



RESOLVES 



PASSED BY THE 



(i^tt^ral #0«rt af ^nmntknmii^, 



IN THE YEAR 



18 84, 



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. 
1884. 



A CONSTITUTION 

OR 

FORM OF GOVERNMENT 

rOK THB 

^ommontuealtlj of lHas5ac{)usetts. 



PREAMBLE. 

The end of the institution, maintenance, and administra- objects of 
fcion of government, is to secure the existence of the body &"^'^''""""*^ 
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 i^g'niiuX'^ 
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 ; tliat every man may, at all times, find his secu- 
rit}^ 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 with each other ; 
and of forming a new constitution of civil government, 
for ourselves and posterity ; and devoutly imploring His 
direction in so interesting a design, do agree upon, ordain, 
and establish, the following Declaration of Rights, and 
Frame of Govertiment, as the Constitution of the Com- 
monwealth OF Massachusetts. 



PART THE FIRST. 



EqiKtIity and 
ti:iliir;il rigbUof 
all men. 



niglit and duty 
<f public reli- 
i;ii)U.-< worship. 
I'riiti'clion 
tht-rein. 
2 CUiKh. 104. 
12 Allen, 129. 



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



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



A Declaration of the Rights of the Inhabitants of the 
Commonivealth 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 Beestg, 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 towns, 
parishes, precincts, and other bodies politic, or religious 
societies, to maice 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. 

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

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

And every denomination of Christians, demeaning them- 
selves peaceably, and as good subjects of the commonwealth, 
shall be equally under the protection of the law : and no 
subordination of any one sect or denomination to another 
shall ever be established by law.] 

ly. 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 exj^ressly 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 abeurd and unnatural. 

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



and to enjoin 
atteujanoe 
thereon. 



Exclusive ritthl 
of eU'Ctiiis; reli- 
gious teacbern 
secured. 



Option as to 
■whom parochial 
taxes may be 
paid, uulesB, etc. 



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

Risjht of self. 

government 

secured. 



Accountability 
of ail otljcers, 
etc. 



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



Objects of (fov 
cnimeiil : ^i^lll 
of people to 



CONSTITUTION OF THE 



institute and 
change it. 



Right of people 
to secure rota- 
tion in offlce. 



All, having the 
qualifications 
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. 3-1-1. 
12 Pick. 184, 467. 
16 Pick. 87. 
23 Pick. 360. 
7 Met. 388. 
4 Gray, 474. 
7 Gray, 363. 
14 Gray, l.i4. 
1 Allen, 150. 
4 Allen, 474. 
Private prop- 
erty not to be 
taken for public 
uses without, 

a Cush. 327. 



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



Prosecutions 
rfgulated. 
8 Pick. 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 oi)pressors, 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. 505, soe. 

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- 
sequentl}', 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, 105. 12 Allen, 223, 230. 108 Mass. 202, 213. 126 Mass. 428, 441. 

16 Gray, 417, 431. 100 Mass. .544, 500. Ill Mass. 130. 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. 

XL Every subject of the commonwealth ought to find 
a certain remedy, by having recourse to the laws, for all 
injuries or wrongs which he may receive in his person, 
property, or character. He ought to obtain right and 
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. 7 

or furnish evidence against himself. And every subject f-^^^^^^"^- 
shall have a right to produce all proofs that may be i2Cu8hr246. 
favorable to him ; to meet the witnesses against him face 5 gIII\ Jeo. 
to face, and to be fully heard in his defence by himself, lo^orayfii! 
or his counsel, at his election. And no subject shall be ^\(^,'"[',f'3^g^j^- 
arrested, imprisoned, despoiled, or deprived of his prop- ii^Aiien, 238- 

• • ••! jCji jj- 240 ''64 439 

erty, immunities, or privileges, put out ot the protection 473.' *■ ' ' 
of the law, exiled, or deprived of his life, liberty, or estate, JH Mask's?™' 
but by the judgment of his peers, or the law of the land. 573. 

100 Mass. 2S7, 295. lOS Mass. 5, 6. 122 Mass. 332. 127 Mass. 550, 554. 
103 Mass. 418. 118 Mass. 443, 451. 124 Mass. 464. 129 Mass. 559. 
107 Mass. 172, 180. 120 Mass. 118, 120. 

And the legislature shall not make any law that shall RighttotHaiby 
subject any person to a capital or infamous punishment, cases, except, 
excepting for the government of the army and navy, with- f Gray, 329, 373. 
out triarby jury. ^^^ ^■''^- '^^^• 

Xni. In criminal prosecutions, the verification of facts, Crimc^tobe 
in the vicinity where the}^ happen, is one of the greatest vidntty!" 
securities of the life, liberty, and property of the citizen. i2T'Ma'st!*6i, 62. 

XIV. Every subject has a right to be secure from all Rigiu of search 

IT 1 1 • J! ^ • ^ • and seizure 

unreasonable searches, and seizures, 01 his person, his regulated. 

houses, his papers, and all his possessions. All warrants, S"end^t7v.^'' 

therefore, are contrary to this right, if the cause or founda- g cusii^aob 

tion of them be not previously supported by oath or afQr- 1 Gray', 1. ' 

mation, and if the order in the warrant to a civil officer, to ib AUen', 403. 

make search in suspected places, or to arrest one or more igg.^'*''*" ^^^' 

suspected persons, or to seize their property, be not accom- 120 Mass. 269, 
panied with a special designation of the persons or objects 
of search, arrest, or seizure : and no warrant ought to be 
issued but in cases, and with the formalities prescribed by 
the laws. 

XV. In all controversies concerninor property, and in Rigbttotriaiby 
all suits between two or more persons, except m cases in cept, etc. 
which it has heretofore been otherways used and practised, Araend°u vu."' 
the parties have a right to a trial by jury ; and this method ^ p-^^" f^Q 

of procedure shall be held sacred, unless, in causes arising & Gray, 144. 
on the hiixh seas, and such as relate to mariners' wajjes, iiAuVn, 574, 
the legislature shall hereafter find it. necessary to alter it. 102 Mass. 45, 47. 

114 ilass. 388, 300. 122 Jilass. 505, 516. 125 :Ma8S. 182, 188. 

120 Mass. 320, 321. 123 Mass. 590, 593. 128 Mass. 600. 

XVI. The liberty of the press is essential to the seen- Liberty of the 
rity of freedom in a state : it ought not, therefore, to be ^^^^^' 
restrained in this commonwealth. 

XVII. The people have a right to keep and to bear Riebttokeop 
arms for the common defence. And as, in time of peace, lundhtl'mm'i.'-s 
armies are dangerous to liberty, they ought not to be uarf power sub! 
maintained without the consent of the lefi:islature ; and ordinate to cuii. 

" 5 Gray, 121. 



CONSTITUTION OF THE 



Moral qualifica- 
tious fur oflice. 



Moral obliira- 
tii)ii.< ol laWLTiv 
ers aiul rnagia- 
tialuii. 



Right of pi'iiple 
to im-lniiM np- 
ri;»i'iUaiivu» and 
petiliou lugitila- 
ture. 



PoWlT to BU8- 

piiii] tlio law« or 
tbuir exfculion. 



Freedom of de- 
bate, ftc, ainl 
reuiion thereof. 



Frequent ses- 
Bioris, and ob- 
jects thereof. 



Taxation found- 
ed on consent. 
8Allen,-J4(. 



Ex pout facto 
laws prohibited. 
12 Allen, 4->l, 
42.1, 42S. 434. 



Legislature not 
to convict of 
treason, otc. 



the military power shall always be held in an exact subor- 
dination to the civil authority, and be governed by it. 

XVIII. A frequent recurrence to the fundamental 
principles of the constitution, and a constant adherence 
to those of piety, justice, moderation, temperance, indus- 
try, and frugality, are absolutely necessary to preserve the 
advantages of liberty, and to maintain a free government. 
The people ought, consequently, to have a particular atten- 
tion to all those principles, in the choice of their officers 
and representatives : and they have a right to require of 
their lawgivers and magistrates an exact and constant 
observance of them, in the formation and execution of the 
laws necessary for the good administration of the common- 
wealth. 

XIX. The people have a right, in an orderly and peace- 
able manner, to assemble to consult upon the common 
good ; give instructions to their representatives, and to 
request of the legislative body, by the way of addresses, 
petitions, or remonstrances, redress of the wrongs done 
them, and of the grievances they suffer. 

XX. The power of suspending the laws, or the execu- 
tion of the laws, ought never to be exercised but by the 
legislature, or by authority derived from it, to be exercised 
in such particular cases only as the legislature shall ex- 
pressly provide for. 

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

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

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

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

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



COMMONWEALTH OF MASSACHUSETTS. 

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

XXVII. In time of peace, no soldier ought to be quar- 
lered in any house without the consent of the owner ; and 
in time of war, such quarters ought not to be made but 
hy 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 nav}^ 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 onlj' the best policy, but for the security of the rights 
of the people, and of every citizen, that the judges of the 
supreme judicial court should hold their offices as long as 
they behave themselves well ; and that they should have 
honorable salaries ascertained and established by standing 
laws. 

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



EsccBsive bailor 
fines, and cruel 
puiiislinic-nts, 
prohibited. 
5 Gray, 482. 
No soldier to be 
quartered ill any 
liuuse, 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 thell 
ofilce. 



Salaries. 



Separation of 
executive, judi 
cial, and lejijis- 
lative depart- 
ments. 
2 Oush. 577. 
2 Allen, 3G1. 
8 Allen, 247, 253. 
100 Mass. 282, 
286. 

114 Mass. 247, 
249. 

116 Mass. 317. 
129 Mass. 559. 



PART THE SECOND. 

The Frame of Government. 

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



10 



CONSTITUTION OF THE 



CHAPTER I. 

THE LEGISLATIVE POWER. 

Section I. 



legislative 
department. 



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



Governor's veto. 
99 Mass. 636. 



Bill m:;- be 
pMssed by two- 
thirds of each 
house, notwith- 
Ntaading. 



For exception 
in case ofad- 
journinent of 
the general 
court within 
the five days, 
Bee amend- 
ments, Art. I, 
o Mass. 567. 
General cour' 
may constilule 
judicatories, 



The General Court. 

Article 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 anj- 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. 

ni. 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 
of the commonwealth, for the hearing, trying, and deter- 
mining of all manner of crimes, offences, pleas, processes, 
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 hereb}^ given and 
granted full power and authority, from time to time, to 
administer oaths or affirmations, for the better discovery 
of truth in any matter in controversy or depending before 
them. 

IV. And further, full power and authority are hereb}' 
given and granted to the said general court, from time to 
time to make, ordain, and establish, all manner of whole- 
some and reasonable orders, laws, statutes, and ordinances, 
directions and instructions, either with penalties or with- 
out ; so as the same be not repugnant or contrary to this 
constitution, as they shall judge to be for the good and 
welfare of this commonwealth, and for the government 
and ordering thereof, and of the subjects of the same, and 
for the necessary support and defence of the government 
thereof; and to name and settle annually, or provide by 
fixed laws for the naming and settling, all civil officers 
within the said commonwealth, the election and consti- 
tution of whom are not hereafter in this form of govern- 
ment otherwise provided for ; and to set forth the several 
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 
and reasonable assessments, rates, and taxes, upon all the 
inhabitants of, and persons resident, and estates lying, 
within the said commonwealth ; and also to impose and 
levy reasonable duties and excises upon any produce, 
goods, wares, merchandise, and commodities, whatsoever, 
brought into, produced, manufactured, or being within 
the same ; to be issued and disposed of by warrant, under 
the hand of the governor of this commonwealth for the 
time being, with the advice and consent of the council, 
for the public service, in the necessary defence and sup- 



courts of record, 

etc. 

8 (Jrav, 1. 

IJ Gray, 147, 

104. 



Courts, etc., 
may administer 
oalbs. 



General court 

may enact laws, 

etc. 

9 Gray, 426. 

4 Allen, 473. 

V2 Allen, 223, 

2:J7. 

11)0 Mass. 544, 

b:u. 

110 Mass. 467, 

470. 

may enact 
laws, etc., not 
rcpuKiiant to 
the cunstitution. 
6 Allen, ooH. 

may provide 
for the election 
or appointment 
of otiicens. 
115 Mass. 602. 



may prescribe 
their duliea. 



may impose 

taxes, etc. 
12 Mass. 252. 

5 Allen, 42S. 

6 Allen, 5.J8. 

8 Allen, 247, 253. 

10 Allen, 235. 

11 Allen, 208. 

12 Allen, 77,223, 
2iio, 2i8, 240, 298, 
300, 312, 313, 500, 
612. 

9S .Mass. 19. 

100 .Nfass. 285. 

101 Mass. 675, 
585. 

103 Mass. 267. 
114 Mass. 3S8, 
391. 



12 



CONSTITUTION OF THE 



11(5 Mass. 461. 
118 Mass. 386, 

12;i Mass. 493, 

40o. 

127 Mass. 413. 

may impose 
tiixos, 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 Maea. 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 withiu 
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 ameudments. Art. II. 



e?nate, number 
of, and by whom 
elected. 
Superseded by 
amendments. 

Art. xnr., 

which was also 
superseded by 
amendments. 
Art. XXU. 



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



Counties to be 
districts, until, 
etc. 



CHAPTER I. 

Section II. 

Senate, 

Article I. [There shall be annually elected, by the 
freeholders and other inhabitants of this commonwealth, 
qualified as in this constitution is provided, forty persons 
to be councillors and senators for the year ensuing their 
election; to be chosen by the inhabitants of the districts 
into which the commonwealth ma}', 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 ; Pljmiouth, three ; Barnstable, one ; 
Bristol, three ; York, two ; Dukes County and Nantucket, 
one ; Worcester, five ; Cumberland, one ; Lincoln, one ; 
Berkshire, two.] 



COMMONWEALTH OF MASSACHUSETTS. 



13 



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

The selectmen of the several towns shall preside at 
such meetings impartiall)' ; 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, 
dh'ected to the secretary of the commonwealth for the 
time being, with a superscription, expressing the purport 
of the contents thereof, and delivered by the town clerk 
of such towns, to the sheriff of the county in which such 
town lies, thirty days at least before [the last Wednesday 
in Ma}'"] annually ; or it shall be delivered into the secre- 
tary's office seventeen days at least before the said [last 
Wednesday in iMay:] 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 INIay.] 

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 



Manntr iiii'l 

Buiialors ;iiij 
CDUiicillors. 
'I'iiiic of (lection 
.Uian-rd by 
iimriiihiiL'iitM, 
Art. X., .•md 
cli:mi,'c(l MLCiiin 
by amoiidaiuiils, 
An. XV. 
As to cities, see 
ameiKiineuls, 
Alt. n. 

Tliese pro- 
visions MS (() tlio 
qualiliealioiis of 
volers, super- 
seded by anieiid- 
meiils, Arts. 
in., XX. and 

xxvni. 

Word " inhabit- 
ant" delincd. 
See alto amend- 
ments, Art. 
XXUI., wliich 
was annulled by 
Art. XXVl. 
12 Gray, 21. 
122 Uasa. 595, 
597. 



Selectmen to 
preside at town 
meetings. 



Return of votes 



As to cities, see 
amend uieul8, 
Art.U. 



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



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



14 



CONSTITUTION OF THE 



Plantation 

meetings. 
Time of elec- 
tion changed 
by amend- 
ments, Art. XV. 
Assessors to 
notify, etc. 



Governor and 
council to ex- 
amine and count 
votes, and issue 
summonses. 
Time cluingcd 
to first Wednes- 
day in January 
bv amendments, 
Art. X. 
M.ajority 
clianged to 
plurality bj' 
amendments, 
Art. XIV. 



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

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



Vacancies, how 
filled. 

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 they shall be 
assessed, and be notified of the place of meeting by the 
selectmen of the town where they shall be assessed, for 
that purpose, accordingly. 

III. And that there ma}' 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 liis 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 liappen.] 

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. 

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

VH. 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-admiuistration 
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 
iiidictment, 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. 
Sue aracnd- 
nients, Art. 

xxiv. 



Qualifications <-f 
a sonalor. 
rropeity quali- 
ticiitioii abol- 
ished. 
Sec amend- 
iiu-ntH, Art. 
XIII. 

For further ])ro- 
visioii as to 
residence, see 
also amend- 
ments, Art. 
XXTI, 



Senate not to 
adjourn more 
than two days 



shall choose 
its officers ai.d 
establish its 
rules. 

shall try all 
impcachmenld. 



Oath. 

Limitation of 
sentence. 



Quorum. 
For further pro- 
visions, see 
amendments, 
Art. XXI [. 



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 "^e people, 
elected, and founded upon the principle of equality. 



16 



CONSTITUTION OF THE 



Representa- 
tives, by whom 
chosen. 

Superseded by 
amendments, 
Arts. XII. and 
XIII., which 
were also 
superseded by 
amendments, 
Art. XXI. 
7 Mass. 623. 



Proviso as to 
towns having 
less than I.jU 
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 amend- 
ments, Art. 
XXI. 

Property quali- 
fications abol- 
ished by amend- 
ments. Art. 
KlU. 



Qii.nlifications of 
a voter. 
These pro- 
visions super- 
seded by 
amendments, 
Arts. III., XX. 
and XXVni. 
See also amend- 
ments, Art. 
XXIII., which 
was annulled by 
Art. XXVI. 
Representa- 
tives, when 
chosen. 



II. [And in order to provide for a representation of 
the citizens of this commonwealth, founded upon tlie 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 within 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 hundred pounds within the town 
he shall be chosen to represent, or any ratable estate to 
the value of two hundred pounds ; and he shall cease to 
represent the said town immediately on his ceasing to be 
qualified as aforesaid.] 

IV. [Every male person, being twenty-one years of 
age, and resident in any particular town in this common- 
wealth for the space of one year next preceding, having a 
freehold estate within the same town of the annual income 
of three pounds, or any estate of the value of sixty pounds, 
shall have a right to vote in the choice of a representative 
or representatives for the said town.] 

V. [The members of the house of representatives shall 
be chosen annually in the month of May, ten days at least 
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. 

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

Vni. 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 every 
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 the 
house, in his way in going or returning ; or who shall 
rescue any person arrested by the order of the house. 

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

XL The senate shall have the same powers in the like 
cases ; and the governor and council shall have the same 
authority to punish in like cases : provided, that no 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. 



House nlone 
can Impeach. 



House to origi- 
nate all money 
bills. 



not to adjourn 
more than two 
days. 



quorum. 
Superst'ded hy 
aracndmc'iits, 
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 
oflences. 
li Gray, 226. 



Privileges of 
members. 



Senate. 
Governor and 
council may 
punish. 

General limita- 
tion. 
UGray, 220. 



Trial may be by 
committee, or 
ollicrwitfe. 



18 



CONSTITUTION OF THE 



Governor. 



His title. 

To be chosen 

annually. 

Qualilications. 



Requirement of 
religious decla- 
ration abolibhcd 
by araend- 
nicnta, Art. 
VU. 

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

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



As to cities, Bee 
ainendmeuts, 
Art. U. 



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



Changed to 
plurality by 
amendments, 
Art. XIV. 

How chosen, 
when no person 
has a majority. 



CHAPTER II. 

EXECUTIVE POWER. 

Section I. 
Qovernor. 

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

II. The governor shall be chosen annually ; and no 
person shall be eligible to this office, unless, at the time of 
his 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 IMonday 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 daj^s at least before the 
[last Wednesday in IMay] ; 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 b}^ 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 
30uncillors of this commonwealth for the time being ; and 
the governor with the said councillors, or five of them at 
least, shall, and may, from time to time, hold and keep a 
council, for the ordering and directing the affairs of the 
commonwealth, agreeably to the constitution and the laws 
of the land. 

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

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

VI. 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 shall 
determine the public good shall require. 

VII. 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 train, 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 
mcnts, Art. X. 



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

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



Governor to be 
commander-in- 
chief. 



20 



CONSTITUTION OF THE 



Limitation. 



Governor and 
council may 
pardon offences, 
except, etc. 



But not before 
conviction. 
109 Mass. 323. 



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



Gommonwealth, 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 annoj'ance 
of this commonwealth ; and to use and exercise, over the 
army and navy, and over the militia in actual service, the 
law-martial, in time of war or invasion, and also in time 
of rebellion, declared by the legislature to exist, as occa- 
sion shall necessarily require ; and to take and surprise, 
by all ways and means whatsoever, all and every such 
person or persons, with their ships, arms, ammunition, 
and other goods, as shall, in a hostile manner, invade, or 
attempt the invading, conquering, or annoying this com- 
monwealth ; and that the governor be intrusted with all 
these and other powers, incident to the offices of cap- 
tain-general and commander-in-chief, and admiral, to be 
exercised agreeably to the rules and regulations of the 
constitution, and the laws of the land, and not otherwise. 
Provided, that the said governor shall not, at any time 
hereafter, by vh'tue 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 b)^ land or water, for the 
defence of such part of the state to which they cannot 
otherwise conveniently have access. 

VIII. The power of pardoning offences, except such 
as persons may be convicted of before the senate by an 
impeachment- of the house, shall be in the governor, by 
and with the advice of council; but no charter of par- 
don, granted by the governor, with advice of the council 
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 



COMMONWEALTH OF MASSACHUSETTS. 



21 



ernor, by and with the advice and consent of the council ; 
and every such nomination shall be made by the governor, 
and made at least seven days prior to such appointment. 

For provision ae to election of elioriffs, registers of probate, etc., see amendments, Art. 
XIX. For provision as to appointment of notaries puljlic, see amendments, Art. IV. 

X. The captains and subalterns of the militia shall be 
elected by the written votes of the train-band and alarm 
list of their respective companies, [of twenty-one years 
of age and upwards ;] the field officers of regiments shall 
be elected by the written votes of the captains and subal- 
terns of their respective regiments ; the brigadiers shall be 
elected, in like manner, by the field officers of their respec- 
tive brigades ; and such officers, so elected, shall be com- 
missioned by the governor, who shall determine their rank. 

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

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

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

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

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

The commanding officers of regiments shall appoint 
their adjutants and quartermasters ; the brigadiers their 
brigade-majors ; and the major-generals their aids ; and 
the governor shall appoint the adjutant-general. 

The governor, with advice of council, shall appoint all 
officers of the continental army, whom by the confedera- 
tion of the United States it is provided that this common- 
wealth shall appoint, as also all officers of forts and 
garrisons. 

The divisions of the militia into brigades, regiments, and 
companies, made in pursuance of the militia laws now in 
force, shall be considered as the proper divisions of the 
militia of this commonwealth, until the same shall be 
altered in pursuance of some future law. 



as to election 
of attorney- 
general, nee 
amendments, 
Art. XV 11. 



Militia officers, 
how elected. 
Limitation of 
asfe struck out 
by amend- 
ments, Art. V. 



How commis- 
sioned. 



Flection of 
officers. 



Major-soneralu, 
liow appoinle.l 
and L-onimis- 
sioiied. 



Vacancies, liow 
filled, in case, 
etc. 



Officers duly 
commis-sioned, 
bow removed. 
Superseded by 
amendments. 
An. IV. 



Adjutants, etc., 
bow appointed. 



Army ofllcers, 
bow appointed. 



Organization of 

militia. 



22 



CONSTITUTION OF THE 



Money, how 
drawn from the 
trc-:iflary, ex- 
cept, etc. 
]y Allen, 593. 



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



Salary of 
governor. 



Salaries of jus- 
tices of supreme 
iudicial court. 



XI. No moneys shall be issued out of the treasury of 
this commonwealth, and disposed of (except such sums as 
may be appropriated for the redemption of bills of credit 
or treasurer's notes, or for the payment of interest arising 
thereon) but by warrant under the hand of the governor 
for the time being, with the advice and consent of the 
council, for the necessary defence and support of the com- 
monwealth ; and for the protection and preservation of 
the inhabitants thereof, agreeably to the acts and resolves 
of the general court. 

XII. All public boards, the commissary-general, all 
superintending officers of public magazines and stores, 
belonging to this commonwealth, and all commanding 
officers of forts and garrisons within the same, shall once 
in every three months, officially, and without requisition, 
and at other times, when required by the governor, deliver 
to him an account of all goods, stores, provisions, ammu- 
nition, cannon with their appendages, and small arms 
with their accoutrements, and of all other public property 
whatever under their care respectively ; distinguishing the 
quantity, number, quality and kind of each, as particu- 
larly as may be ; together with the condition of such forts 
and garrisons; and the said commanding officer shall ex- 
hibit to the governor, when required by him, true and 
exact plans of such forts, and of the land and sea or har- 
bor or harbors, adjacent. 

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

XIII. As the public good requires that the governor 
should not be under the undue influence of any of the 
members of the general court by a dependence on them 
for his sujDport, that he should in all cases act with free- 
dom for the benefit of the public, that he should not have 
his attention necessarily diverted from that object to his 
private concerns, and that he should maintain the dignity 
of the commonwealth in the character of its chief magis- 
trate, it is necessary that he should have an honorable 
stated salar}^ of a fixed and permanent value, amply suffi- 
cient for those purposes, and established by standing laws : 
and it shall be among the first acts of the general court, 
after the commencement of this constitution, to establish 
such salary by law accordingly. 

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



COMMONWEALTH OF MASSACHUSETTS. 



23 



And if it shall be found that any of the salaries afore- Salaries to bo 
said, so established, are insulHcient, they shall, from time hi'iufficienu 



to time, be enlarged, as 
projper. 



the 



general 



court shall judge 



CHAPTER n. 

Section H. 

Lieutenant- Governor. 

Akticle L There shall be annually elected a lieuten- 
ant-governor of the commonwealth of Massachusetts, 
who^e 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. 

III. 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; Ilia 
title and qnalili- 
cations. Tlio 
requirement of 
a declaration of 
belief ill the 
christian 
religion was 
abolished by 
amendments, 
Art. VU. 



How chosen. 

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



Presidenl of 
council. 
Lieutenant- 
governor a 
member of, 
C'xcei)t, etc. 



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



CHAPTER II. 
Section III. 

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

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



24 



CONSTITUTION OF THE 



changed to 

eight. 

See aiuend- 

inciits, Art. 

XVI. 



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

Superseded by 
amendmentis, 
Art. XVI. 



If senators be- 
come council- 
lors, their t>eut8 
to be vacated. 



Hank of 
couucillors. 



Xo district to 
liave more than 
two. 



licilister of 
council. 



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



Elections may 
oe adjourned 
UQtil, etc. 



Order thereof. 
Superseded 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 vear. 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 advic'e of the council shall be 
recorded in a register, and signed by the members present ; 
and this record may be called for at an}^ 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 ]\fay 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 



tlie senate, if any, shall first be filled up ; the governor nmendments, 
and lieutenant-governor shall then be elected, provided ^'';^_^vi. and 
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- 
general, and the commissary -general, notaries public, and] 
naval officers, shall be chosen annually, by joint ballot of 
the senators and representatives in one room. And, that 
the citizens of this commonwealth may be assured, from 
time to time, that the moneys remaining in the public 
treasury, upon the settlement and liquidation of the pub- 
lic accounts, are their property, no man shall be eligible 
as treasurer and receiver-general more than five years suc- 
cessively. 

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

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



Secretary, etc., 
by ■whom and 
liow chosen. 
For provision a» 
to election of 
secretary, treas- 
urer, and re- 
ceiver-general, 
and auditor and 
attorney-gen- 
eral, sec amend- 
ments, Art. 

xvn. 

Treasurer in- 
eligible for more 
than five suc- 
cessive years. 

Secretary to 
keep rorords; 
to attend the 
governor and 
council, etc. 



CHAPTER III. 

JUDICIARY POWER. 

Article I. The tenure, that all commission oflfieers 
shall by law have in their offices, shall be expressed in 
their respective commissions. All judicial officers, duly 
appointed, commissioned, and sworn, shall hold their offices 
during good behavior, excepting such concerning whom 
there is different provision made in this constitution : 
provided, nevertheless, the governor, with consent of the 
council, may remove them upon the address of both houses 
of the legislature. 

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



Tenure of all 
commissioned 
officers to be 
expressed. 
Judicial officers 
to hold office 
during good 
behavior, ex- 
cept, etc. 
Uut may be 
removed on 
address. 



JuBtices of su- 
preme judicial 
court 1o give 
opinions when 
required. 
122 Mass. 600. 
126 Mass. 557, 
661. 



26 



CONSTITUTION OF THE 



J list ices of the 
prace; tenure 
of their office. 
S C'ubh. 584. 



Pi ovisioiis for 

hcltlir.g probate 

courts. 

12 Gray, 147. 



Of marriage, 
divorce, aud ali- 
mony. 
Other pro- 
visions made 
bv law. 
lOJ Mass. 327. 
116 Mass. 317. 



III. In order that the people may not suffer from the 
long contmuance in place of any justice of the peace who 
shall fail of discharging the important duties of his office 
with ability or fidelity, all commissions of justices of the 
peace shall expire and become void, in the term of seven 
years from their respective dates ; and, upon the expira- 
tion of any commission, tlie same may, if necessaiy, 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 da3^s, as the convenience of the 
people shall require ; and the legislature shall, from time 
to time, hereafter, ai)point such times and places ; until 
which appointments, the said coisrts 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 3'ear, to commence on the first 
Monday in November then next ensuing. They sliall 
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 
early as the year one thousand six hundred and thirty-six, 



COMMONWEALTH OF MASSACHUSETTS. 



27 



laid the foundation of Harvard College, in which univer- 
sity many persons of great eminence have, by the blessing 
of God, been initiated in those arts and sciences which 
qualified them for jiublic employments, both in church 
and state; and whereas the encouragement of arts and 
sciences, and all good literature, tends to the honor of 
God, the advantage of the Christian religion, and the great 
benefit of this and the other United States of America, 
— it is declared, that the President and Fellows of 
Harvard College, in their corporate capacit3^ and 
tlieir 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. 

H. 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. 

IH. 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- 



Po\V(T8, piivi 

k'lft's, I'U'.., of 
the! [iicsiileiit 
and follows, 
conlinuud. 



All gifts, grants, 
etc., coulirmed. 



Who shall be 

oveiscers. 

See Statutes, 
1851, -224. 
18.32, 27. 
18.59, 212. 
1865, 17-3, 
1880, 65. 



28 



CONSTITUTION OF THE 



Power of altera- 
tion reserved to 
the legislature. 



Duty of legisla- 
tures and magis- 
trates in all 
future periods. 
For further pro- 
visions as to 
public schools, 
see amend- 
ments, Art. 
XVIII. 
12 Allen, 50O- 
603. 
103 Mass. 94, 97. 



gregational churches in the towns of Cambridge, Water- 
town, Charlestown, Boston, Roxbuiy, 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 tlie 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. 



Oatbt, eto. 



CHAPTER VI. 

OATHS AND SUBSCRIPTIONS ; INCOMPATIBILITY OF 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 the trust, shall, before he proceed to execute the duties 
of his place or office, make and subscribe the following 
declaration, viz. : 

" I, A. B., do declare, that I believe the Christian reli- Abolished, see 
gion, and have a firm persuasion of its truth ; and that I Art.' v'n!" ** 
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 

/V-. J, "^ .\ 1 • J. -\ • oaths of all 

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

["I, A. B., do truly and sincerely acknowledge, profess, For now oath 
testify, and declare, that the Commonwealth of Massachu- sccTam^'iuK'^' 
setts is, and of right ought to be, a free, sovereign, and '^'^^^^' ^^^- ^^ 
independent state ; and I do swear, that I will bear true 
faith and allegiance to the said common wealtli, 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 poAver which is or may be rested 
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 



Oalb of office. 



Proviso. 
See amend- 
ments, .(irt. VI. 



Oaths and 
affirmations, 
bow adminis- 
tered. 



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



Same eubjcct. 
1 Allen, 553. 



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 j)erson 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, I'-'' I do 
swear,''' " and abjure,"" " oath or,'' " and 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 ijerjury." 

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 tim« 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 conmionwealth, 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 tlie peace through the state ; nor shall they hold any 
other place or office, or receive any pension or salary from 
au}^ 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 large, or of the people of any county, 
military offices, and the offices of justices of the peace ex- 
cepted, shall be held by one person. 

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



COMMONWEALTPI OF MASSACHUSETTS. 31 

general — treasurer or receiver-fj^eneral — iudcje of probate visions as to 

t> . ,r •!. i-'xi incompatible 

— commissary-general — [president, proiessor, or instruct- offices, see 
or of Harvard College] —sheriff— clerk of the house of Trvni?''' 
representatives — register of probate — register of deeds ^^'|^j''(5o,°J^*'"* 

— clerk of the supreme judicial court — clerk of the infe- excepted by 
rior court of common pleas — or officer of the customs, A^rxxvii.' 
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 ^^^^^ ' ^' 
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. 

IH. 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 quau- 
it shall be in the power of the legislature, from time to be'Tnorca^ed^ 
time, to increase such qualifications, as to property, of the niMtsrArt. 
persons to be elected to offices, as the circumstances of xin- 
the commonwealth shall require. 

IV. All commissions shall be in the name of the Provisions 
Commonwealth of Massachusetts, signed by the governor commfsslons. 
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- l^'pfck'M^." ^* 
wealth of Massachusetts ; they shall be under the seal of i3^''rayf74, 
the court from whence they issue ; they shall bear test of 

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

VI. All the laws which Iiave heretofore been adopted, continuation of 
used, and approved in the Province, Colony, or State of ex'c'^^pt, et^.*' 
Massachusetts Bay, and usually practised on in the courts 2 Mass', nsi. 
of law, shall still remain and be in full force, until altered ?,5^p?H: ■\'^I^7' ^,\^c 
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 
^L■cured, except, 
etc. 



The enacting 
style. 



Officers of 
former govern- 
ment continued 
until, etc. 



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



Provision for 
revising con- 
stitution. 



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

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

IX. To the end there may be no failure of justice, or 
danger arise to the commonwealth from a change of the 
form of government, all officers, civil and military, liold- 
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.] 

XL This form of government shall be enrolled on Provision for 
parchment, and deposited in the secretary's oflBce, and be puiTasLing "wi 
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. 
1:^2 Mass. 354. 



Article L If any bill or resolve shall be objected to, Bin, etc., not 
and not approved by the governor; and if the general fi?ud°ijvsnoi'[o 
court shall adjourn Avithin five days after the same shall I'nJlTs'iaturr' 
have been laid before the governor for his approbation, a'ljouin m the 
and tliereby prevent his returning it with his objections, s Ma"s."667. 
as provided by the constitution, such bill or resolve shall f.'^li'^ Trt'iL 
not become a law, nor have force as such. 

Art. n. 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, ])rivilcges, and immunities, not repugnant to the 
constitution, as the general court shall deem necessary 
or expedient for the regulation and government thereof, 
and to prescribe the manner of calling and holding public 
meetings of the inhabitants, in wards or otherwise, for 
the election of officers under the constitution, and the 
manner of returning the votes given at such meetings. 
Provided, that no such government shall be erected or 
constituted in any town not containing twelve thousand 
inhabitants, nor unless it be with the consent, and on the 
application of a majority of the inhabitants of such town, 
present and voting thereon, pursuant to a vote at a meet- 
ing duly warned and holden for that purpose. And pro- 
vided, also, that all by-laws, made by such municipal or 
city government, shall be subject, at all times, to be an- 
nulled by the general court. 

Art. in. Every male citizen of twenty-one years of Qualifications o( 
age and upwards, excepting paupers and persons under cnio"ii°uton!' 
guardiansliip, who shall have resided within the common- ""nalorHand' 
wealth one year, and within the town or district m which represent:aivo8. 

•^ ' 11 Pick. 638, 640 



Proviso. 

112 Mass. 200. 



34 



CONSTITUTION OF THE 



14 Pick. 341. 
14 Mass. 367. 
5 Met. 162, 298, 
591, 694. 
7 Gray, 299. 
122 Mass. 595, 
597. 

124 Mass. 596. 
For educational 
qualification, 
Bee amend- 
ments. Art. XX. 
For provision as 
to those who 
have served in 
ibe army or 
navy in time of 
war, see amend- 
ments. Art. 
XXVIU. 



Notaries public, 
how appointed 
and removed. 



Vacancies in the 

oflBces of necre- 
tary and treas- 
urer, how filled. 
This clause 
superseded by 
amendments. 
Art. XVn. 



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



Militia officers, 
how removed. 



WTio may vote 
for captains and 
subalterns. 



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



he may claim a right to vote, six calendar months next 
preceding any election of governor, lieutenant-governor, 
senators, or representatives, and who shall have 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 be, in all other respects, qualified as above mentioned, 
shall have a right to vote in such election of governor, 
lieutenant-governor, senators, and representatives ; and no 
other person shall be entitled to vote in such elections. 

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

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

[In case the office of secretary or treasurer of the com- 
monwealth shall become 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 person to such vacant office, 
who shall hold the same until a successor shall be appointed 
by the general court. 1 

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

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

Art. V. In the elections of captains and subalterns 
of the militia, all the members of their respective compa- 
nies, as well those under as those above the age of twenty- 
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 

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

Art. VIII. No judge of any court of this common- incompatibility 
wealth, (except the court of sessions,) and no person 122'Mass.' 445, 
holding any office under the authority of the United i23'Ma88. 53!i. 
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, 



andtermlDation. 



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

This clause 
("upersi'ilcd by 
amendraenle, 
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 representa- 
tives, sucli 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 INIay, as the com- 
mencement of the political 3'ear, 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 consti- 
tution ; and the governor, lieutenant-governor, councillors, 
senators, representatives, and all other state officers, who 



COMMONWEALTH OF MASSACHUSETTS. 37 

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- inconeigtent 
sistent with the provisions herein contained, are hereby ^nnufit^J** 
wholly annulled. 

Art. XI. Instead of the third article of the bill of Religious 
rights, the following modification and amendment thereof estlbii^ed. 
is substituted:— giJ^sTil 

"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- i22MMi.4o. «- 
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 census of rata- 

of the citizens of this commonwealth, founded upon the J'iki'n Slf isst^ 

principles of equality, a census of the ratable polls, in each fhereafte?"'""^ 

city, town, and district of the commonwealth, on the first This anicie wm 

day of May, shall be taken and returned into the secre- imen"metfts^/ 

tary's office, in such manner as the legislature shall pro- wWch'wMaigp 

vide, within the month of May, in the year of our Lord "upeweded by 



38 



CONSTITUTION OF THE 



araendments, 
Art. XXI. 
Representa- 
tives, how 
apportioned. 



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



Fractions, how 
represented. 



Towns may 
unite into repre- 
sentative dis- 
tricts. 



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



New apportion- 
ment to be 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 thirtj^-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. Xni. [A census of the inhabitants of each city 
and town, on the first day of May, shall be taken, and 
returned into the secretary's office, on or before the last 
day of June, of the year one thousand eight hundred and 
forty, and of every tenth year thereafter ; which census 
shall determine the apportionment of senators and 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 tlie 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 betalien 
in 1840, and de- 
cennially there- 
after, for basis 
of representa- 
tion. 

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



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



Small towns, 
how repre- 
sented. 



Towns may 
unite into repr». 
sentatlve dis- 
tricts. 



40 



CONSTITUTION OF THE 



Basis of repre- 
•entation, and 
ratio of increase. 



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 tlie 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 
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 the Aet. XIV. In all elections of civil officers by the peo- 
pfu^iutyo/''^ pie of this commonwealth, whose election is provided for 
votes. ]jj lY^Q constitution, the person having the highest number 

of votes shall be deemed and declared to be elected. 

Time of annual Ae,t. XV. The meeting for the choice of governor, 
ernor°and if grs- lieutenant-govcrnor, senators, and representatives, shall 

Ukure. 



The g^)vemor 
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 
amendmeuts, 
Art. XVI. 

Qualifications of 
counciUors. 



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



and the governor shall cause the same to be pub- 



COMMONWEALTH OF MASSACHUSETTS. 



41 



be held on the Tuesday next after the first Monday in 
Novembei", 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. 



Aet. 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, without divid- 
ing any town or ward of a city, and each entitled to elect 
one councillor : provided^ however, that if, at any time, the 
constitution shall provide for the division of the common- 
wealth into forty senatorial districts, then the legislature 
shall so arrange the councillor districts, that each district 
shall consist of five contiguous senatorial districts, as 
they shall be, from time to time, established by the legisla- 
ture. No person shall be eligible to the office of council- 
lor who has not been an inhabitant of the commonwealth 
for the term of five years immediately preceding his elec- 
tion. The day and manner of the election, the return of 
the votes, and the declaration of the said elections, shall 
be the same as are required in the election of governor. 
[Whenever there shall be a failure to elect the full num- 
ber of councillors, the vacancies shall be filled in the same 
manner as is required for filling vacancies in the senate ; 
and vacancies occasioned by death, removal from the state, 
or otherwise, shall be filled in like manner, as soon as may 
be, after 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 coj:)ies of the records 
for the election of governor, lieutenant-governor, and coun- 
cillors ; and ten days before the said first Wednesday in 
January he shall issue his summons to such persons as 
appear to be chosen, to attend on that day to be qualified 
accordingly ; and the secretary shall lay the returns before 
the senate and house of representatives on the said first 



Eight council- 
lors to bo chcisen 
by the people. 
122 Mass. 695, 



Legislature to 
district state. 



Eligibility 
defined. 



Day and manner 
of election, etc. 



Vacancies, bow 
filled. 

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

Organization of 
the governnioiit. 



42 



CONSTITUTION OF THE 



Election of 
oecretary, treas- 
vrer, auditoi-, 
and attorney- 
general by the 
people. 



Vacancies, how 
filled. 



'I'o qualify witli- 
in ten days, 
otherwise 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, the choice 
shall be by them declared and published ; but in case there 
shall be no election of either of said officers, the legisla- 
ture sliall proceed to fill such vacancies in the manner pro- 
vided in the constitution for the choice of such officers. 

Art. XYII. Tlie secretary, treasurer and receiver- 
general, auditor, and attorney-general, shall be chosen 
annually, on the day in November i^rescribed 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 Januar}'^ 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, daring an annual or special session 
of the general court, such vacancy shall in like manner 
be filled by choice from the peoj)le 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 apj)ointed 
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 autliorities 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, Jiotc- 
ever, that the provisions of this amendment shall not apply 
to au}^ person prevented by a physical disability from com- 
plying with its requisitions, nor to any person who now 
has the right to vote, nor to any persons who shall be 
sixty years of age or upwards at the time this amendment 
shall take effect. 

Art. XXL A census of the legal voters of each city 
and town, on the first day of INIay, 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. Li 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 liun- 
dred and fort}^ members, which shall be apportioned hy 
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 bcIiooIs. 
For original 
provision us to 

schools, 800 

constitulion, 
Part First, Art. 

ni. 

1-J Allen, 500, 

508. 

103 Mass. 94, 96. 



Lcffislatlire to 
proscribe lor 
the election of 
shcrills, rogis- 
tors of probate, 
etc., by the 
people. 
S Gray, 1. 
la Urav, 74. 
no Mass. 172, 
173. 

117 Mass. 602, 
603. 

121 Mass. 65. 
Reading consti- 
tutioninEnglibh 
and writing, 
necessary quall- 
tioations of 
voters. 
Provi.'JO. 

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

Census of legal 
voters and of 
inhabitants, 
when taken, etc. 
See P. 8. c. 31. 



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



44 



CONSTITUTION OF THE 



Secretary shall 
certify to officers 
authorized to 
divide counties. 



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



Qualifications of 
representatives. 
122 Mass. 595, 
698. 



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 count}^ assemble at 
a shire town of their respective counties, and proceed, as 
soon as may be, to divide the same into representative 
districts of contiguous territory, so as to apportion the 
representation assigned to each county equally, as nearly 
as may be, according to the relative number of legal voters 
in the several districts of each county ; and such districts 
shall be so formed that no town or ward of a city shall 
be divided therefor, nor shall 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 inhabitant of the district 
for which he is chosen, and shall cease to represent such 
district when he shall cease to be an inhabitant of the 
commonwealth. The districts in each county shall be 
numbered 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 ofiices. 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 



Census, etc. 
See P. 8. c. 31. 



Art. XXII. A census of the legal voters of each city 
and town, on the first day of May, shall be taken and 
returned into the office of the secretary of the common- 
wealth, on or before the last day of June, in the year one 
thousand eight hundred and fifty-seven ; and a census of 
the inhabitants of each city and town, in the year one 
thousand eight hundred and sixty-five, and of every tenth 
year thereafter. In the census aforesaid, a special enu- 
meration shall be made of the legal voters, and in each 
city said enumeration shall specify the number of such 
legal voters aforesaid, residing in each ward of such city. 
The enumeration aforesaid sliall determine the apportion- 
ment of senators for the periods between the taking of the 
census. The senate shall consist of forty members. The 
general court shall, at its first session after each next pre- 
ceding special enumeration, divide the commonwealth into 
forty districts of adjacent territory, each district to contain, 
as nearly as may be, an equal number of legal voters, ac- 
cording to the enumeration aforesaid : provided, however^ 
that no town or ward of a city shall be divided therefor ; 
and such districts shall be formed, as nearly as may be, 
without uniting two counties, or parts of two or more 
counties, into one district. Each district shall elect one 
senator, who shall have been an inhabitant of this com- 
monwealth five years at least immediately preceding his 
election, and at the time of his election shall be an inhab- 
itant of the district for which he is chosen ; and he shall 
cease to represent such senatorial district when he shall 
cease to be an inhabitant of the commonwealth. Not less 
than sixteen senators shall constitute a quorum for doing 
business ; but a less number may organize temporarily, 
adjourn from day to day, and compel the attendance of 
absent members. 

Art. XXIII. [No person of foreign birth shall be en- Residence of 
titled to vote, or shall be eligible to office, unless he shall qurrJdofVatu- 
have resided within the jurisdiction of the United States Jo'emftio'to suf' 
for two years subsequent to his naturalization, and shall '"'i'f.'? °'' '"■''^^ 
be otherwise qualified, according to the constitution and Thlsanicie 
laws of this commonwealth : provided^ that this amend- """"xxvf 
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 riglits of any 
child of a citizen of the United States, born durmg the 
temporary absence of the parent therefrom.] 

Abt. XXIV. Any vacancy in the senate shall be filled Vacancies in the 



Voters to be 
basis of appor- 
tionment of 
senators. 



Senate to consist 
of forty mem- 
bers. 

Senatorial 
districts, etc. 



See amend- 
ments, Art. 
XXIV. 



Qualifications 
of senators. 



Bisteen mem- 
bers a quorum. 



46 



CONSTITUTION OF THE 



by election by the people of the unrepresented district, 
upon the order of a majority of the senators elected. 

Vacancies In the Art. XXV. In casc of a vacaucy in the council, from 
councu. ^ 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. 

Twenty-third Art. XXVI. The twcnty-third article of the articles 

mentB annuued! of amendment of tlie 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 j'ears 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 tAvo 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. 



OflScers 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. 



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 IMarch, 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 t^je 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 la'st 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 Tos- 
ton, on the twenty-fifth day of October, 17S0. 

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 legislatui'es of the political 
years IS.*^*- and 1855, respectively, and ratified by the people the 
twenty-tnu'd day of May, 1855. 

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

The twenty-third Article was adopted by the legislatures of the 
political years 1858 and 1859, respectively, and ratified by the people 
on the ninth day of May, 1859, 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 1862 and 1863, and ratified by the people on the sixth 
day of April, 1863. 

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

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



INDEX TO THE CONSTITUTION. 



A. 

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, 

Affirmations, instead of the required oaths, may be made by Quakers 

Agriculture, arts, commerce, etc., to be encouraged, 

Alimony, divorce, etc., 

Amendment to the constitution, proposed in the general court 
agreed to by a majority of senators and two-thirds of 
house present and voting thereon by yeas and nays ; 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, IG, 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 qualified, 

election determined by legislature, 

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

votes at November election, 

. 49 



Page 

25 
21 
21 
30, 85 
28 
26 



35,36 

40, 41 

41 

39, 45 

45 

39, 43 

43 

7 
7 



17 
7 

7 
20, 42 

42 
42 



42 



50 INDEX TO THE CONSTITUTION, 



Page 



Attorney-genei'al, vacancy occurring during session of the legisla- 
ture, tilled 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 chosen by the people annually in November, . . 42 

to hold office for one j-ear from third Wednesday in January 

next thereafter, and until another is cliosen 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 18G5, and 

every tenth year thereafter, 43, 45 

enumeration of voters to determine the apportionment of 

representatives, 43 



INDEX TO THE CONSTITUTION. 51 

Page 

Cities, may be chartered 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 officers, tenure of office 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 affixed, .^1 

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 parchment, 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. 

Page 
Council to exercise the power of governor when office of governor 

and lieutenant-governor is A'acant 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 j^ears pre- 
ceding election, 41 

term of office, 36 

vacancy to be filled b}' 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 ofl'ences, 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 

senatoi'ial 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 

Page 

Educational interests to be cherislied, 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 Novenil)er, . . 40 
in case of failure to elect I'epresentative, 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 

£'xposf/acio laws, declared unjust and oppressive 8 

F. 

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

Fines, excessive, not to be imposed, 9 

Frame of government, 9 

Freedom of speech and debate in the legislature, .... 8 
Freehold, possession of, not required as qualification for seat in the 

general court or council, 40 

Fundamental principles of the constitution, a frequent recurrence to, 

recommended, 8 

G. 

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

for making laws, 8 

freedom of speech and debate in, 8 

not to declare any subject to be guilty of treason or felony 
formed by two branches, a senate and house of representatives 

each having a negative on the other, .... 10 

to assemble every year on the first Wednesday of January, at 
such other times as they shall judge 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, H 

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, . II 



54 INDEX TO THE CONSTITUTION. 

Pago 
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, 19 

session may be directed by governor, with advice of council, 
to be held in other than the usual place in case of an infec- 
tious distemper prevailing, 19 

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

to office, 31 

certain officers not to have seats in, 30 

may be prorogued by governor and council for ninety days, 

if houses disagree, etc., 19 

to elect major-generals by concurrent vote, .... 21 

empowered to charter cities, 33 

to determine election of governor, lieutenant-governor and 

councillors, 41, 42 

to prescribe by law for election of sheriffs, registers of probate 
and commissioners of insolvency by the people of the 
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, ... 18 
qualifications, — to have been an inhabitant of the state for 

seven years, and have freehold of £1,000 value, . . 18, 35 

term of office, 36 

should have an honorable stated salary 22 

the commander-in-chief, of the army and navy, but may not 

oblige them to go out of the limits of the state, . . 19 

to appoint the adjutant-general, 21 

may call together the councillors at any time, ... 19 

not to hold certain other offices, 30 

to take oaths of office before president of the senate in pres- 
ence of the two houses of assembly, .... 30 

to sign all commissions 31 

election determined by the legislature, 41, 42 

veto power, 10 

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

vacancy in office of governor and lieutenant-governor, powers 

to be exercised by the council, 24 



INDEX TO THE CONSTITUTION. 55 

Page 

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

leiiislature 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 bj' 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 44 



56 INDEX TO THE CONSTITUTION. 

Page 

House of Representatives, members not to be arrested on mesne 
process during going to, return from, or attending tlie 

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 attendance 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 hold certain other offices, .... 30, 35 
Judges of the supi'cme judicial court, to hold office during good 
behavior, and to liave 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, II 

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 nayy, 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 

expost 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, 3G, 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 tlie 
senate in presence of both liouses, 

not to hold certain other offices, 

term 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 employed in the army and navy, and the 
militia in actual service, subject to, except bj^ authority 

of legislature 

Military power, subordinate to civil authority 

Militia, not to be obliged by commauder-in-chief to march out o 
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 taken 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, . . . . 6, 7 

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

Office, rotation in, right secured, C 

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

no person eligible to, unless they can read and write, . . 43 
Offices, plurahty 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 address 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 



60 INDEX 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 offices, .... 35 

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

partially abolished, 40 

Prosecutions for crimes and ofl"euces regulated, .... 6 
Provincial laws, not repugnant to the constitution, continued in 

force, 31 

Public boards and certain ofticers 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. 

Quakei's, 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 

Quartermasters, 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 THE CONSTITUTION. 61 

Page 
Records of the commonwealth to be kept in the office of the secre- 
tary 25 

Register of the council, resolutions and advice to be recorded in, 

and signed by members present, 24 

Registers of probate, chosen by the people of tlie 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, . 'i6 
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 j'ears next preceding election or 

appointment, 42 

ofBce 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 ofiences; trial may be by committee, 17 
may require the attendance of the secretary of the common- 
wealth in person or by deputy, 25 

may require the opinions of the justices of the supreme 
judicial court upon important questions of law, and upon 
solemn occasions, ........ 25 

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

resolve, at large on records, 10 

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

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

apportionment based upon legal voters, 45 

Sherifis, 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 la time of -.var, 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 bod}' 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 bj^ either branch of the legislature or bj' 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 

office 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 Avarrant of 

governor, except, etc., 22 

Trial by jury, right to, secui'ed, 6, 7 

guaranteed in criminal cases, except in army and naA^y, . 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 senate and 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, 46 

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 

occui-ring Avhen 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 

Page 

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., . . 46 

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 oflScei's, 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 Englisli 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 officers, 40 

w. 

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

Writ of habeas corpus, to be enjoyed in the most free, easy, cheap 
and expeditious manner, and not to be suspended 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. 



1884. 



^= The General Court of 1884 assembled on Wednesday, the 
second 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 George D. 
Robinson and His Honor Oliver Ames on Thursday, the third 
day of January, in the presence of the two Houses assembled in 
■convention. 



ACTS AND RESOLVES. 



An Act in kelation to a special election to fill a vacancy ChCLJJ. 1 

IN THE twelfth CONGRESSIONAL DISTRICT. 

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

Section 1. The mayor and aldermen and selectmen spedai election 
of the several cities and towns in the twelfth congressional in iiie Twe"fth 
district shall, as provided in chapter seven of the Public o'istricr'""*^ 
Statutes, call meetings to be held on the seventeenth day 
of January in the year one thousand eight hundred and 
eighty-four, for the voters to give their votes for a repre- 
sentative in Congress to fill the vacancy now existing, any- 
thins: in the statutes of the Commonwealth or the ordi- 
nances or by-laws or vote of any city or town to the 
contrary notwithstanding : provided, however, that in 
those cities and towns where a meeting for said purpose 
has been duly warned no further warrant need be issued. 

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

Approved January 11, 1884: 

An Act making appropriations for the compensation and (JJian. 2 

MILEAGE OF THE MEMBERS OF THE LEGISLATURE, FOR THE COM- 
PENSATION OF OFFICERS THEREOF, AND FOR OTHER PURPOSES. 

Be it enacted, etc., as follows : 

Section 1. The sums hereinafter mentioned are ap- Appropriations. 
propriated, to be paid out of the treasury of the Common- 
wealth, from the ordinary revenue, for the purposes 
specified, to wit : — 

For compensation of senators, twenty thousand five senator?, com- 

hi 1 1 11 pensatlon. 

undred dollars. 

For compensation of representatives, one hundred and Ripresentatives, 

i UJ1111 compensation. 

twenty thousand five hundred dollars. 



1884. — Chapter 3. 



Senators, 
mileage. 

Representa- 
tives, mileage. 

Preacher of 
election sermon. 

Chaplains. 



Doorkeepers, 
messengers and 
pages. 



Witnesses be- 
fore commit- 
tees. 



Contingent ex- 
penses, etc. 



Expenses of 
committees. 



For mileage of senators, a sum not exceeding four 
hundred and tifty dollars. 

For mileage of representatives, a sum not exceeding two 
thousand five hundred dollars. 

For the compensation of the preacher of the election 
sermon, fifty dollars. 

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

For the compensation of the doorkeepers, messengers 
and pages to the senate and house of representatives, a 
sum not exceeding ten thousand dollars. 

For expenses of summoning witnesses before committees, 
and for fees for such witnesses, a sum not exceeding two 
hundred dollars. 

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

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

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

Approved January 17, 1884. 



Chap. 3 



An Act making appropriations for the maintenance of the 
government for the present year. 



Be it enacted, etc., as folloios: 

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



Clerks of senate 
and bouse. 



Assistant 
clerks. 

8ergeant-at- 
arms. 

Engineer. 



LEGISLATIVE DEPARTMENT. 

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

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

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

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



1884. — Chapter 3. i 

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

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

For the salaries of the fireman at the state house, and F^„7^^^*° """^ 
fireman and janitor at the "Commonwealth building," 
nine hundred dollars each. 

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

EXECUTIVE DEPARTMENT. 

For the compensation of the lieutenant-governor, two Lieutenant- 

Til -t f I i' -i-ii governor and 

thousand dollars, and for the executive council, six thou- council. 
sand four hundred dollars. For the travelling expenses of es'^^Inies.^ 
said council, a sum not exceeding five hundred dollars. 

For the salary of the private secretary of the governor, Private 
one thousand five hundred dollars. ^^''^^ '"^^" 

For the salary of the executive clerk of the governor Executive 
and council, one thousand two hundred dollars. 

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

secretary's department. 

For the salary of the secretary of the Commonwealth, j-^ecretary. 
two thousand five hundred dollars. 

For the salary of the first clerk in the secretary's de- First cierk. 
partment, one thousand eight hundred dollars. 

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

For the salary of the third clerk in the secretary's de- Third cieric. 
partment, one thousand three hundred dollars. 

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

treasurer's department. 

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

For the salary of the first clerk in the treasurer's depart- First cierk. 
ment, two thousand three hundred dollars. 

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



1884. — Chapter 3. 



Cashier. 



Fund clerk. 



Extra clerks. 



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

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

For the salaries of the three extra clerks in the treas- 
urer's department, one thousand two hundred dollars 
each ; and for such additional clerical assistance as the 
treasurer may need, a sum not exceeding two hundred 
dollars. 



Deputy tax 
commissioner. 

First clerk. 



Second clerk. 



Additional 
clerks. 



TAX commissioner's DEPARTMENT. 

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

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

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

For such additional clerical assistance as the tax com- 
missioner and commissioner of corporations may find 
necessary, a sum not exceeding twelve thousand dollars. 



Auditor of 
accounts. 



First clerk. 



Second clerk. 



Extra clerks. 



AUDITOR'S DEPARTMENT. 

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

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

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

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

For the salary of the assistant attorney-general, two 
thousand dollars. 

COMMISSIONERS, ET AL. 

ofTa^iS""''" -^^^ ^^^ salaries of the commissioners on savings banks, 
banks. flye thousand six hundred dollars. 



Attorney- 
general. 

Assistant attor- 
ney-general. 



1884. — Chapter 3. T 

For the salary of the first clerk of the commissioners on First cierk. 
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 

, 1 1 11 commisBioner. 

thousand dollars. 

For the salary of the deputy insurance commissioner, Deputy. 
two thousand five hundred dollars. 

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

For the salary of the second clerk of the insurance com- second^cierij. 
missioner, one thousand five hundred dollars. 

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

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

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

For the salary of the secretary of the commissioners of Secretary of 

J 'J commissionerB 

prisons, two thousand dollars. of prisons. 

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

For the salaries of the railroad commissioners, eleven Railroad com- 

.1 T T 11 missioners. 

thousand dollars. 

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

For the salary of the accountant of the railroad commis- Accountant. 
sioners, two thousand dollars. 

For the salary of the assayer and inspector of liquors, Assayer and 

^•TTT^, inspector of 

five hundred dollars. iiquors. 

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

For the salary of the first clerk in the bureau of statistics First cierk. 
of labor, one thousand five hundred dollars. 

For such additional clerical assistance, and for the nee- Additional 
essary expenses of the bureau of statistics of labor, a sum Expenses, 
not exceeding five thousand dollars. 

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

For the salaries of the harbor and land commissioners. Harbor and 

/. .1 T /, 1 1 1 1 11 land commia- 

live thousand five hundred dollars. sioners. 



8 



1884. — Chapter 3. 



Engineer and 
experts. 



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



AGRICULTURAL DEPARTMENT. 



Secretary of 
board of agri- 
culture. 

Clerk. 



Additional 

clerks. 

Lectures. 



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

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 office of the secretary 
of the board of agriculture, and for lectures before the 
board, a sum not exceeding four hundred dollars. 



Secretary of 
board of educa- 
tion. 



Assistant libra- 
rian and clerk. 



Additional 
clerks. 



Purchase of 
books. 



EDUCATIONAL DEPARTMENT. 

For the salary and expenses of the secretary of the 
board of education, two thousand nine hundred dollars, to 
be paid out of the moiety of the income of the Massachu- 
setts 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. 

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



Adjutant- 
general. 

First clerk. 
Second clerk. 



Additional 
clerk. 



Extra clerks. 



Messenger. 



Additional cleri- 
cal assistance. 



MILITARY DEPARTMENT. 

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

For the salary of the first clerk in the adjutant-general's 
department, one thousand eight hundred dollars. 

For the salary of the second clerk in the adjutant- 
general's department, one thousand six hundred dollars. 

For the salary of an additional clerk in the adjutant- 
general's department, one thousand six hundred dollars. 

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

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

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



1884. — Chapters 4, 5, 6. 9 

For the salary of the surgeon-general, one thousand two surgeon- 

•/ Do' general, 

hundred dollars. 

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

Approved January 18, 1884. 

An Act relative to the employment of a second clerk in QJidj)^ 4 

THE bureau of STATISTICS OF LABOR. 

'Be it enacted, etc., as follows : 

Section 1. The chief of the bureau of statistics of second cierk. 
labor is hereby authorized to employ a second clerk at a 
salary of thirteen hundred dollars per annum, to be com- 
puted from and after the first day of January in the year 
eighteen hundred and eighty-four. 

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

Approved January 25, 1884, 

An Act concerning the injury or destruction op railroad (JIiq/y), 5 

SIGNALS. 

Be it enacted, etc., as follows : 

Chapter one hundred and twelve, section two hundred JoidTigna't"' 
and seven, of the Public Statutes is hereby amended by 
striking out the word " electric." 

Approved January 28, 1884. 

An Act in addition to " An Act making appropriations for the QJkij)^ Q 
maintenance of the government during the present year. 

Be it enacted, etc., as folloivs : 

Section 1. The sums hereinafter mentioned are ap- Appropriations. 
propriated, to be paid out of the treasury of the Common- 
wealth, from the ordinary revenue, for the purposes 
specitied, to meet expenses for the year ending December 
the thirty-first, in the year eighteen hundred and eighty- 
four ; to wit : — 

SUPREME JUDICIAL COURT. 

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

For the salary of the reporter of decisions of the su- Reporter. 
preme judicial court, three hundred dollars. 

For the salaries of the officers and messengers of the officers and 
supreme judicial court, sixteen hundred dollars. messengers. 

For expenses of the supreme judicial court, a sum not 
«xceedinor two thousand dollars. 



10 



1884. — Chaptek 6. 



Chief justice. 



Associate 
justices. 



SUPERIOR COURT. 

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

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



Judge — 
Bufl'olk. 



Middlesex. 
Worcester. 

Essex. 

Norfolk. 

Bristol. 

Plymouth. 
Berkshire. 

Hampden. 
Hampshire. 

Franklin. 

Barnstable. 
Nantucket. 
Dukes County. 



Register — 
Suffolk. 



COURTS OF PROBATE AND INSOLVENCY. 

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

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

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

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

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

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

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

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

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

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

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



1884. — Chapter 6. 11 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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



12 



1884. — Chapter 7. 



Norfolk. 



Clerk in Suflfolk. 



Extra clerks. 



Bzpenscs. 



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

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

For extra clerical assistance to the courts of probate and 
insolvenc}'^ 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, 
a sum not exceeding two thousand dollars. 



District 
attorney — 
Suffolk. 

Assistant dis- 
trict attorneys. 



Clerk. 

District 
attorney — 
Northern 
district. 

Eastern 
district. 

South-eastern 
district. 

Southern 
district. 

Middle district. 



Western 
district. 



North-western 
district. 



Chap. 7 



May construct 
and maintain 
additional 
tracks. 



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, two thousand 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, two thousand four hundred dollars. 

For the salary of the district attorney for the eastern 
district, two thousand four hundred dollars. 

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

For the salary of the district attorney for the southern 
district, one thousand eight hundred dollars; 

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

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

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

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

Approved February 1, 1884. 

An Act to authorize the old colony railroad company to 
take land for additional tracks. 

Be it enacted, etc., as follows: 

Section 1. The Old Colony Railroad Company may 
construct and maintain such additional track or tracks, as 
its directors may determine, on or adjoining the locations 



1884. — Chapters 8, 9. 13 

of its present railroads, for any part or the whole of the 
distance between its station at South Braintree and its 
station at Middleborough ; and also l^etween its said 
station at South Braintree and Somerset Junction, in Fall 
River, by way of Taunton ; and also between Weir Junc- 
tion, in Taunton, and the junction with the Middleborough 
Branch Railroad ; and for said purposes may purchase or 
take land, not exceeding two rods in width, in addition to May take land. 
its existing locations. Locations in the form provided by HrecTw^ithin" ^° 
law shall be filed within three years from the passage of •^^'"^^ y*"'^'®' 
this act. 

Section 2. In the exercise of the powers granted by Damages.. 
this act said Old Colony Railroad Company, and any per- 
son or corporation who shall sustain any damage in their 
property, shall have all the rights, powers, privileges and 
remedies and be subject to all the duties, liabilities and 
restrictions, provided by the general laws of the Common- 
wealth relating to railroads. 

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

Approved February 2, 1884. 

An Act to establish the salary of the executive clerk of (JJinj) Q 

THE governor AND COUNCIL. 

Be it enacted, etc., as follows: 

Section 1. The annual salary of the executive clerk ^"'.^r , . 
of the governor and council shall be fifteen hundred dol- 
lars, from the first day of January in the year eighteen 
hundred and eighty-four. 

Section 2. So much of section six of chapter fifteen Repeal, 
of the Public Statutes as is inconsistent with this act is 
hereby repealed. Approved February 4, 1884. 

An Act making appropriations for sundry charitable Char) 9 

EXPENSES. ^ 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are ap- Appropriations. 
propriated, for the purposes specified, to be paid out of 
the treasury of the Commonwealth, from the ordinary 
revenue, to meet sundry charitable expenses, for the year 
ending on the thirty-first day of December eighteen hun- 
dred and eighty-four, to wit : — 



14 



1884. — Chapter 9. 



Travelling 
expenses of 
board. 



Department of 
health. 



Inspector of 
charities. 



In-door poor. 
Out-door poor. 



Auxiliary- 
visitors. 



STATE BOARD OF HEALTH, LUNACY AND CHARITY. 

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

For salaries and expenses in the health department of 
said board, a sum not exceeding eight thousand five hun- 
dred dollars. 

For salaries and expenses in the department of the 
inspector of charities, a sum not exceeding eight thousand 
dollars. 

For salaries and expenses in the department of in-door 
poor, a sum not exceeding twenty-five thousand dollars. 

For salaries and expenses in the department of out-door 
poor, a sum not exceeding seventeen thousand dollars. 

For travelling and other necessary expenses of the aux- 
iliary visitors of the board, a sum not exceeding one 
thousand six hundred dollars. 



State paupers 
in lunatic 
hospitals. 



Transportation 
to almshouse. 

Transportation 
of state 
paupers. 

Cases of settle- 
ment and 
bastardy. 



Indigent and" 

neglected 

children. 

Infant asylums. 



Support of sick 
state paupers 
by cities and 
towns. 



Burial. 



MISCELLANEOUS CHARITABLE. 

For the support and relief of state paupers in the luna- 
tic hospitals and asylums of the Commonwealth, a sum 
not exceeding one hundred and thirty thousand dollars. 

For the transportation of paupers to the state alms- 
house, a sum not exceeding .six hundred dollars. 

For transportation of state paupers, a sum not exceed- 
ing fifteen thousand dollars. 

For expenses attending the management of cases of set- 
tlement and bastardy, a sum not exceeding two thousand 
dollars. 

For the care and maintenance of indigent and neglected 
children, a sum not exceeding eight thousand dollars. 

For the re-imbursement of the infant asylums for the 
support of infants having no known settlement in the 
Commonwealth, a sum not exceeding fifteen thousand 
dollars. 

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

For the burial of state paupers by cities and towns, for 
the present and previous 3'ears, a sum not exceeding eight 
thousand five hundred dollars. 



1884. — Chapter 10. 15 

For the temporary support of state paupers by cities Jo'^Tby'dues''^ 
and towns for the present and previous years, a sum not and towns. 
exceeding sixteen thousand dollars. 

For the support and transportation of outside found- ^un^^uigs. 
lings, a sum not exceeding ten thousand dollars. 

For the support of Indian state paupers, a sum not ^'^^^^"rs!''*^ 
exceeding one hundred dollars. 

For the support of state paupers and special pupils in l^^t'ie-m^nVed. 
the Massachusetts school for the feeble-minded, a sum not 
exceeding seventeen thousand five hundred dollars. 

For the payment of expenses in connection with the n"^f,^f^o°" "n^ 
inspection of milk, food and drugs, five thousand dollars, 'in'g's- 

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

For expenses incurred in connection with medical ex- ?;^£^ ^nd™' 
aminations and inquests, a sura not exceeding three thou- inquests. 
sand five hundred dollars. 

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

For other annuities authorized by the legislature, a sum Annuities. 
not exceeding two thousand five hundred and sixty-two 
dollars. 

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

GRATUITIES. 

For a gratuity, payable to the town of Westfield, author- ^J^^'''^^ '"^ 
ized by the legislature, five thousand dollars. westtieid. 

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

Approved February 5, 1884. 



An Act making appropkiations for salaries and expenses QfiQ/t), 10 

AT THE STATE ALMSHOUSE AT TEWKSBURY. 

^e it enacted^ etc., as follows: 

Section 1, The sums hereinafter mentioned are ap- Appropriations. 
propriated, 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 state almshouse at 
Tewksbury, during the year eighteen hundred and eighty- 
four, to wit : — 

For salaries, w^ages and labor at the state almshouse at salaries, wages 
Tewksbury, a sum not exceeding twenty-one thousand expenses. 



16 1884. — Chapter 11. 

dollars; and for the current expenses at said institution, a 
sum not exceeding seventy-three thousand dollars. 

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

Approved February 5, 1884. 

(Jhap. 11 An Act authorizing the lowell and framingham railroad 

COMPANY TO ISSUE NEW BONDS, AND TO MORTGAGE ITS PROPERTr 
TO THE OLD COLONY RAILROAD COMPANY. 

Be it enacted., etc., as follows: 

F?^ingiwm Section 1. The Lowell and Framingham Railroad 

Railroad Com- Companv, the coruoratiou orojanizcd under and by author- 

Eany maj' issue • ,. -T i i i i ^ i p 

ondsnotex- ity oi chapter one hundred and seventy or the acts or 

IsooIoM. eighteen hundred and eighty-one, is hereby authorized to 

issue bonds in sums of not less than one thousand dollars 
each, payable at a period not exceeding twenty years from 
the date thereof, and bearing interest at not exceeding the 
rate of four and one-half per cent, a year, payable semi- 
annually, to an amount not exceeding five hundred thou- 
Proceedstobo saud dolUirs, the proceeds thereof to be used exclusively 
mentof tir'it for thc payment and retiring of the first mortgage bonds of 
i™°ueTby Frara! the Framingham and Lowell Railroad Company, issued 
LoweURaih-oad uudcrdate of April first, eighteen hundred and seventy-one, 
Company. aud sccurcd by mortgage under the provisions of section 
one, chapter one hundred and seventy of the acts of the year 
eighteen hundred and eighty-one, and now outstanding, on 
condition that the principal and interest npon said bonds 
Tobeguniun- shall bc guaranteed by the Old Colony Railroad Company 

teed by Old , '^ ^ • -i- .1 it i 

Colony Railroad by au agreement in writing thereon, upon such terms and 
Company. couditious as may be agreed upon by its directors. 
Lowell and SECTION 2. The LowcU and Framingham Railroad 

Railroad Com- Compauy Is hcrcby authorized to mortgage its railroad, 
l^lZXut franchise and property to the Old Colony Railroad Com- 
coron'^yRanroad P^"y» subjcct, howcvcr, to auy existing lien or mortgage, 
Company. upou such tcmis aud conditions as may be agreed upon 
with the directors of the Old Colony Railroad Company, 
for the purpose of securing the Old Colony Railroad Com- 
pany for any guaranty of bonds of the Lowell and Framing- 
ham Railroad Company, in accordance with the first 
section of this act, and any bonds so issued by the Lowell 
and Framingham Railroad Company, and guaranteed by 
the Old Colony Railroad Company, shall be computed and 
treated as a part of the bonded debt of the Old Colony 
Railroad Company, under the provision of law for the 



1884. — Chapteks 12, 13. 17 

issue of railroad bonds, and also ns a debt of the Lowell 
and Framin,2;ham Railroad Company. 

Section 3. The issue of said bonds shall be limited so whoie number 
that the whole number of bonds of the Framingham and not\o"cxcced! 
Lowell Railroad Company and the bonds hereby authorized $5ou]oou.'^''' 
shall not at any time exceed together the sum of five hun- 
dred thousand dollars. 

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

Approved February 6, 1884. 

An Act making appropriations for salaries and expenses at QJidj)^ 12 

TUE STATE PRIMARY SCIIOOE AT MONSON. 

Be it enacted., etc., as foUoivs : 

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 payment of 
salaries and expenses at the state primary school at Monson, 
during the year eighteen hundred and eighty-four, to 
Avit : — 

For salaries and wages at the state primary school at state primary 

Tir i^^T il Till Kcliool at 

Monson, a sum not exceeding seventeen thousand dollars ; Mouson. 
and for current expenses at said institution a sum not ex- 
ceeding thirty-four thousand dollars ; and for boarding out Salaries, current 
children a sum not exceeding three thousand dollars. 
Section 2. This act shall take effect upon its passage. 

Approved February 6, 1884. 

An Act making appropriations for salaries and expenses QJidn. 13 
AT THE state workuouse. 

Be it enacted, etc., as folloios: 

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 payment ot 
salaries and expenses at the state workhouse, during the 
year eighteen hundred and eighty-four, to wit: — 

For the payment of salaries and labor at the state work- state work- 
house, a sum not exceeding eleven thousand dollars ; and a^tl^Heaand 
for current expenses at said institution, a sum not exceed- current 

• I Till expeuses. 

ing twenty-nine thousand dollars. 

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

Approved February 6, 1884. 



18 1884. — Chapters 14, 15, 16. 

Chcip. 14 ^^ Act to provide for the cake and custody of the (;om- 

MOKWEALTH BUILDING ON MOUNT VERNON STREET, IN THE CITY 
OF BOSTON. 

Be it enacted, etc., as follows : 

umiJo" the"*' Section 1. The sergeant-at-arms, the secretary and 
Commonwealth the trcnsurer of the Commonwealth, and the joint standino^ 

Building m . /• I 1 • I 1 1 ° 

Boston. committee or the Icgishiture on the state house, respect- 

ively, shall have the same powers and perform the same 
duties with relation to the building known as the Common- 
wealth Building, and appurtenances on Mount Vernon 
street in the city of Boston, acquired by the Common- 
wealth under authority of chapter two hundred sixty-two 
of the acts of the year eighteen hundred eighty-two, that 
they have by existing laws in relation to the state house. 

Amendment to SECTION 2. Scctiou tcu of chapter tivc of the Public 
Statutes is hereby amended by striking out in the sixth 
line in said section the words " at the house on Pemberton 
square," and inserting in place thereof the words " at the 
Commonwealth Buildinjj." 

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

Approved February 6, 1884. 

(JJiajf, \^ ^^ Act CONCERNING THE EMPLOYMENT OP CLERKS AND OTHER 
ASSISTANCE IN THE OFFICE OF THE SECRETARY OF THE COM- 
MONWEALTH. 

Be it enacted, etc., as follows: 
Additional Section 1. The secretary of the Commonwealth may 

£ill0WciTicc tor 

clerk hire. employ at au expense not exceeding eleven thousand dollars 
a year, a messenger and such additional clerks and other 
assistance as may be necessary for the despatch of i)ublic 
business : provided, that no person so emplo3ed shall re- 
ceive com{)eusation or salary at a rate exceeding twelve 
hundred dollars a year. 

^n^""^^- Section 2. So much of section ten of the fifteenth 

chapter of the Public Statutes as is inconsistent with this 
act is hereby repealed. App)roved February 7, 1884. 

Chcnj 16 ^^ ^^^ MAKING APPROPRIATIONS FOR THE SALARIES AND EXPENSES 

OF THE DISTRICT POLICE FORCE. 

Be, it enacted, etc., asfolloius: 
Appropriations. 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 payment of 



1884. — Chapters 17, 18. 19 

salaries and expenses of the district police force, during 
tlie yenr eighteen hundred and eighty-four, to wit : — 

For the sahiry of the chief of the district police force, a chief of district 
sum not exceeding one thousand seven hundred dollars. ^° '^^' 

For the compensation of the district police force, a sum District police, 
not exceeding eighteen thousand dollars. 

For travel lini; expenses actually paid by members of Travelling 

1 •! 1111 expenses. 

said force, a sum not exceeding nine thousand dolhirs. 

For incidental and continireut expenses of the district incidental and 

, ^ T *■ , 1 /• contingent 

police force, a sum not exceeding two thousand hve expenses. 
hundred dolhirs. 

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

Aj)proved Fehurary 12, 1884. 

Ax Act to AUTHOKIZE the city of BROCKTON to effect an QJigr)^ 17 
ADDITIONAL WATEli LOAN. -^ * 

Be it enacted, etc., as follows : 

Section 1. The city of Brockton, for the purposes MaycAVctan 

.. , . .• /• <• 1 i. Ill 1 ntlditiunal water 

mentioned in section tour of chapter one hundred and loan. 
twenty-four of the acts of the year eighteen hundred sev- 
enty-eight, may issue notes, bonds or scrip from time 
to time, signed by the treasurer and conntersigned by the 
mayor, to be denominated on the face thereof " Brockton 
Water Loan," to an amount not exceeding one hundred 
thousand dollars in addition to the amounts already author- 
ized by law to be issued by the town or city of Brockton 
for the same purposes ; said notes, bonds or scrip to be 
issued upon the same terms and conditions and with the 
same powers as are provided in said act for the issue of the 
♦'Brockton Water Loan," by the town of Brockton : pi'o- 
vided, that the whole amount of such notes, bonds or scrip whoieamonm 
issued by said city,'together with those issued by said town $320,000. 
and city for the same purposes, shall not in any event ex- 
ceed the amount of three hundred and twenty thousand 
dollars. 

Section 2. This act shall take effect upon its accept- Jpon accept* 
ance by a vote of two-thirds of all the members of each ''"ce. 
branch of the city council of said city of Brockton. 

Approved February 12, 1884. 

An Act to autuorize the city of newton to effect an ad- (JJiap. ]8 

DITIONAL W^ATER LOAN. 

Be it enacted, etc., as follows: 

Section 1. The city of Newton, for the purposes men- May effect an 
tioned in section five of chapter three hundred and forty- loan. 



20 



1884 — Chapter 19. 



Whole amount 
not to exceed 
$1,050,000. 



To take effect 
upon accept- 
ance. 



four of the acts of eighteen hundred seventy-two, nnay 
issue notes, bonds or scrip from time to time, signed by the 
treasurer and countersigned by the mayor, to be denom- 
inated on the face thereof " Newton Water Loan," to an 
amount not exceeding one hundred thousand dollars in 
addition to the amounts heretofore authorized by law to be 
issued by the town or city of Newton for the same 
purposes ; said notes, bonds and 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 " Newton 
Water Loan," by the town of Newton -.provided, that the 
whole amount of such notes, bonds and scrip issued by 
said town or city, together with those already authorized, 
shall not in any event exceed the amount of ten hundred 
and fifty thousand dollars. 

Section 2. This act shall take effect upon its accept- 
ance by a vote of two-thirds of all the members of each 
branch of the city council of said city of Newton. 

Approved February 12, 1884. 



May effect an . 
additional water 
loan. 



Chap. 19 -^N Act to autuorize the town of northborough to effect 

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 niiu't^^-two of the acts of the year eighteen hundred 
and eighty-two, may issue bonds, notes or scrip to be de- 
nominated on the fjice thereof " Northborough AVater 
Loan," to an amount not exceeding fifteen 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 are 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 
Whole amount Loan," bv Said town : provided, that the whole amount of 

not to exceed i i "i • • i i 

$75,000. such bonds, notes 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 sev- 
enty-five thousand dollars. 

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

Approved February 12, 1884. 



1884. — Chapters 20, 21. 21 

An Act to authorize the town of welleslev to effect an QJi^j)^ 20 
additional water loan. 

Be it enacted, etc., as follows : 

Section 1. The town of Welleslev, for the purposes M!.yefifectnn 

-, . ,. ,. ^1, 1 IT 1 additional water 

mentioned in section hve or chapter one hundred and loan. 
sixty-six of the acts of the year eighteen hundred and eighty- 
three, may issue notes, bonds or scrip to be denominated 
on the face thereof " Wellesley Water Loan," to an 
amount not exceeding seventy-tive thousand dolUirs in ad- 
dition to the amounts heretofore authorized by law to be 
issued by said town for the same purposes ; said notes, 
bonds or scrip are 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 " Wellesley Water Loan," by 
said town: provided, that the whole amount of such notes, whoie amount 
bonds or scrip issued by said town, together with those $125,000'.'"'*' 
heretofore issued by said town for the same purposes, 
shall not in any event exceed the amount of one hundred 
and twenty-tive thousand dollars. 

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

Approved February 12, 1884. 

An Act making api'ropuiations for certain educational ex- (JJicijj, 21 

PENSES. 

Be it enacted, etc., as folloivs : 

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

For the support of normal schools, a sum not exceeding Normal schools. 
sixty-two thousand and thirty-four dollars, to ba paid out 
of the moiety of the income of the school fund applicable 
to educational purposes. 

For the support of the state normal art school, to in- Normal art 

' schools. 

elude rent, taxes, etc., a sum not exceeding htteen thou- 
sand nine hundred and seventy-five dollars, to be paid 
from the unappropriated balance of the moiety of the in- 
come of the school fund applicable to educational purposes, 
and the excess, if an}', from the treasury. 

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 



22 



1884. — Chapter 22. 



County 

toachers' 

associations. 

Massaelnisftts 

teachers' 

association. 



Sal iries and 
expeines of 
agents. 



Incidental 
expeuseB. 



Dukes County 

teachers' 

association. 

Aid to pupils 
in normal 
schools. 



Expenses of 
board of 
education. 

Institution for 
the blind. 

Deaf and 
dumb. 



State library. 



Income of the 
Rogers bool£ 
fund, etc. 



three hiind red doUurs, to bo paid out of the moiety of the in- 
come of the school fund applicable to educational purposes. 

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

For the salaries and expenses of the agents of the board 
of educatidu, a sum not exceeding eight thousand one 
hundred dollars. 

For incidi n'.il expenses of the board of education, and 
for the secretary thereof, a sum not exceeding one thou- 
sand two hundred dollars. 

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

For aid to pupils in state normal schools, a sum not ex- 
ceeding four thousand dollars, pniyable in semi-annual pay- 
ments, 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 Perkins institution and Massachusetts school 
for the blind, the sum of thirty thousand dollars. 

For the sup|)()rt of Massachusetts beneficiaries in 
•asylums for the deaf and dumb, and in other institutions 
of the same character, a sum not exceeding forty thousand 
dollars. 

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

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 provisions 
of the various acts relating thereto. 

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

Approved February 14, 1884. 



Chan 2^ ^^ ^^^ kelating to the distkibltion of the school fund. 

Be it enacted, etc. , as follows : 
Distribution of Sectiox 1. Ouc half of the annual income of the 
ttie sc'hoorfund. school luud of the Commonwealth shall be apportioned and 
distributed without a specific appropriation for the sup- 
port of public schools, and in the manner following, to 
wit: — every town complying with all laws in force lelat- 



1881. — Chapters 23, 24. 23 

iiig to the distribution of said income, and Avhose valua- 
tion of real and personal estate, as shown by the last 
returns thereof, does not exceed one-half million dollars, 
shall annually receive three hundred dollars; every such 
town who?e valuation is more than one-half million dol- 
lars, and does not exceed one million dollars shall receive 
two hundred dollars; every such town whose valuation is 
more than one million and does not exceed three million 
dollars shall receive one hundied and fifty dollars. The 
remainder of said half shall be distributed to all the cities 
and towns whose valuation does not exceed ten million 
dollars, in ]:)roportion to the number of persons between 
five and fifteen years of age belonging to each. All 
money appropriated for other educational purposes, unless 
otherwise specially provided, shall be paid from the other 
half of said income. If the income in any year exceeds 
such appropriations, the surplus shall be added to the 
principal of said fund. 

Section 2. Section three of chapter forty-three of the Repeat. 
Public Statutes is hereby repealed. 

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

Approved February 14, 1884. 

An Act to change the name of "the propuietoks of the f^Lr/j-) 9Q 

MEETING-HOUSE IN HOLLI8 STREET IN THE TOWN OF BOSTON." ^ 

Be it enacted, etc., as follows: 

Section 1. The name of the religious society known Name changed 
as "The Proprietors of the Meeting-House in Hollis church!^ 
Street in the town of Boston," is changed to and shall 
hereafter bo know^n by the name of " Hollis Street Church." 

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

Approved February 14, 1884. 

An Act to change the name of the " chapel congregational /^7,«^^ Oi 
church in cambridgeport." ^ ' 

Be it enacted, etc., as follows : 

Section 1. The name of the " Chapel Cons^reirational p"!? changed 
_, . . ^ I _ o ."^ to w iioii Mem- 

Church in Cambridgeport," a religious society organized oriai church in 
under the general laws of the Commonwealth on the sec- "* ' »*'p°'^ ■ 
onil day of March in the year eighteen hundred and eighty- 
three, is changed to the " Wood Memorial Church in 
Cambridgeport." 

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

Approved February 14, 1884. 



24 



1884. — Chaptek 25. 



Chap. 25 



Appropriations. 



Printing nnfl 
binding public 
documontB. 



Pamphlet edi- 
tion of acts and 
resolves. 



' Blue Book.' 



Newpp-iper 
publication. 



AssesBorn* 
l)Ook« and retfis- 
traiion blanks. 



Provincial 
statutes. 



Term reports. 



Eiiiting regis- 
tration report. 



Paper for the 
Commonwealth 



Tables and in- 
dexes to 
statutes. 



An Act making appropriations for printing and binding 

SUNDRY public DOCUMENTS, AND FOR OTHER PURPOSES. 

Be it enacted., etc. , as follows : 

Section 1. The sums hereinafter mentioned are ap- 
propriated, to be paid out of the treasury of the Common- 
wealth, from the ordinary revenue, for the purposes spec- 
iHed, to meet expenses for the year ending on the thirty- 
first day of December eighteen hundred and eighty-four, 
to wit : — 

For printing and binding the public series of documents 
under the direction of the secretary of the Common- 
Avealth, a sum not exceeding thii'ty thousand dollars. 

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

For printing and binding the "blue book" edition of 
the acts and resolves of the present year, with the gover- 
nor's message, and other matters, in the usual form, a sum 
not exceeding three thousand dollars. 

For the newspaper i)iiblication of the general laws 
and all information intended for the public, a sum not ex- 
ceeding five hundred dollars. 

For assessors' books and registration blanks furnished 
cities and towns by the secretary of the Comiuonwcalth, a 
sum not exceeding one thousand five hundred dollars. 

For preparation for publication and for the publication 
of the provincial statutes, a sum not exceeding five thou- 
sand seven hundred and fifty-eight dollars ; and for print- 
ing volume five province laws, a sum not exceeding three 
thousand dollars, and printing one hundred extra copies 
of volume two province laws, a sura not exceeding two 
hundred and fifty dollars. 

For reports of decisions of the supreme judicial court, a 
sum not exceeding one thou.sand six hundred dollars. 

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

For the purchase of paper for the Commonwealth, 
under the direction of the secretary of the Commonwealth, 
a sum not exceeding fifteen thousand dollars. 

For the preparation of tables and indexes relating to 
the statutes of the present year and subsequent years. 



1884 — Chapters 26, 27, 28, 29. 25 

under the direction of the governor, a sum not exceeding 
three hundred dollars. 

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

Approved February 15, 1884. 



Chap. 26 



An Act to autiioiuze the Massachusetts hojkeopatuic hos- 
pital TO noLu additional real and personal estate. 

Be it enacted, etc., as follows : 

Section 1. The Massachusetts Homoeopathic Hospital Jfiy hold addu 

. ^ , . . ' tional estate. 

IS authorized for the purposes set forth in its act ot incor- 
poration to hold property to the amount of six hundred 
thousand dollars, of which one-half may be in real estate. 
Section 2. This act shall take effect upon its passage. 

Approved February 18, 1884. 

An Act to authorize the American unitarian association to (J/inij 27 
hold additional real and personal estate. 

Be it enacted, etc., as follows: 

Section 1. The American Unitarian Association is ^ay hold addi- 
authorized for the purposes set forth in its act of incorpo- 
ration to hold real and personal estate to an amount not 
exceeding four hundred thousand dollars in addition to 
what is now authorized by law. 

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

Approved February 18, 1884. 



Chap. 28 



An Act authorizing the united states hotel company to 
increase its capital stock. 

Be it enacted, etc , as foUoics : 

Section 1. The United States Hotel Company is au- May increase 
thorized, subject to the provisions of the general laws '='*p'^'''' ^'<*<'^- 
relating to corporations, to increase from time to time its 
capital stock to an amount not exceeding the limit fixed 
by its charter. 

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

Approved Fthruary 18, 1884. 

An Act to authorize the town of natick to issue secuki- niinj) 90 

TIES FOR THE PURPOSE OF MEETING CERTAIN WATER BONDS 

Be it enacted, etc , as follows : 

Section 1. The town of Natick for the pun)ose of May issue 

, . . , , 1 • I , 1 • 1 1 DoiidH, etc., for 

renewing certain water bonds which were authorized by renewal of 
section five of chapter seventy-six of the acts of eighteen bond!? '''"*'''^ 



26 1884. — Chapter 30. 

hundred seventy-three, now becoming due, may issue 
notes, bonds or scrip, to be denominated on the face 
thereof " Natick Water Loan," to an amount not exceed- 
ing eighty-five thousand dollars, bearing interest not ex- 
ceeding five per centum per annum, payable semi-annu- 
ally, the principal being payable at periods not more than 
twenty years from the date of issuing said notes, bonds or 
scrip. 
Mayeeiior Spxtion 2. Said towu mav sell such securities at pub- 

itjt's. lie or private sale, or pledge the same for money borrowed 

for the purposes of this act, upon such terms and condi- 
tions as it may deem proper; and it shall provide at the 
time of contracting said loan for the establishment of a 
Sinking fund to sinking fuud, and shall contribute thereto from year to 
year an amount sufficient with its accumulations to pay the 
l)rincipal of said loan at maturity ; which sinking fund 
shall remain inviolate and pledged to the payment of said 
loan, and shall be used for no other purpose. 

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

Approved Fehrnanj IS, 1884. 

Chen). 30 ^'^ ^^^ ^^ CONFIRM A DEED FROM THE PROPRIETORS OF THE 
LOCKS AND CANALS ON CONNECTICUT RIVER TO THE HOLYOKE 
WATER POWER COMPANY, AND TO DISSOLVE THE FIRST NAMED 
CORPORATION. 

Be it eriactecl, etc., as foUoios: 

Deed of the Section 1. Thc deed of the Proprietors of the Locks 

the Locks and Rud Caiials OH Conuccticut River to the Holyoke AVater 
Rh"e^r\o"the"""' Powcr Compauy, dated the twenty-fourth day of Novem- 
Powcfr^Com-'''^'^ '^^i*, A. D. eighteen hundred eighty-three, and recorded 
Earned™" '^^- ^^^ registiy of deeds for the county of Hampden, book 

four hundred and two, page one hundred and twenty-one, 
and in the registry of deeds for the county of Hamsphire, 
book three hundred and eighty-four, page three hundred 
and fifty-seven, is hereby authorized, sanctioned and con- 
firmed, and the Holyoke Water Power Company shall be 
deemed and taken to have thereby acquired, and shall 
exercise and enjoy all the property, estates, powers and 
privileges which the proprietors of the locks and canals 
on Connecticut River owned, possessed and enjoyed at 
the time of said deed, and which said proprietors under- 
took thereby to convey and release to the Holyoke Water 
Power Company, subject to all the duties, liabilities and 
restrictions set forth in all general or special laws which 



188i. — Chapters 31, 32. 27 

then weie or thereafter might be in force relating to such 
companies or either of them. 

Section 2. The proprietors of the locks and canals corporation 
on Connecticut River shall, from and after the passage ot 
this act, cease to be a corporation in the same manner and 
to all intents as if the act incorporating said company and 
the several acts in addition thereto would then have ex- 
pired by their own limitation. 

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

Approved February IS, 1884. 

An Act to authorize ^he industrial school for girls to QJkiij^ 31 

HOLD additional REAL AND PERSONAL ESTATE. 

Be it enacted, etc., as follows: 

Section 1. The Industrial School for Girls, incorpo- TiioindHstriai 
rated by chapter eighteen of the acts of the year eighteen mV'iioid addi* 
hundred and fifty-five, is hereby authorized to hold real ^'"""i ^'^'^^e- 
and personal estate to an amount not exceeding one hun- 
dred thousand dollars. 

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

xipproved February 18, 1884. 

An Act MAKING APPROPRIATIONS FOR COMPENSATION AND MILEAGE ni^rij^ Q9 
OF OFFICERS AND MEN OF THE VOLUNTEER MILITIA, AND FOR ^ * 

OTHER EXPENSES OF THE MILITARY DEPARTMENT. 

Be it enacted, etc., as follows: 

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

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

For transportation of officers and men of the volunteer Transportation. 
militia while on military duty, a sum not exceeding thirteen 
thousand dollars. 

For incidental and contingent expenses of the adjutant- Adjutant 

,,, ~ Ti ^1 1 General. 

general s department, a sum not exceeding three thousand 
dollars. 

For rent of brigade and battalion headquarters and com- neadquarters 

, T j.y.' I. „ t\ .„„! and armories. 

))any armories, a sum not exceeding thirty-one thousand 
dollars. 



Medical 
supplies. 



28 188J:. — Chapter 33. 

Gener'ia"'^*'*^'^' ^"^ incidental and contingent expenses of the quarter- 
master-general's department, a sum not exceeding five 
thousand dollars. 

^p^jHes™^***'"' ^^^' qii^^^rtermasters' supplies, a sum not exceeding 
twelve thousand dollars. 

Care of camp For gradiuor and care of the camp orround of the state 

ground. ~. ~ , i ~ 

at Framingham, a sum not exceeding five hundred dollars. 
H^co'unu ^^^^" "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 militia, 
a sum not exceeding five hundred dollars. 
Genera"' ^^^ incidental and contingent expenses of the surgeon- 

general, a sum not exceeding five hundred dollars. 
(^fflcer8*<ftc ^"^ expenses in connection with the record of Massa- 

chusetts officers, sailors and marines, a sum not exceeding 
five hundred dollars. 
U)'^be^appi'iId"to ^^^y sums of money received under the provisions of 
piirciiasu of section eighty-eight of chapter fourteen of the Public 
supplies. 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 ground. 

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

Approved February 20, 1884. 

(JJlCip. 33 ^^ ^CT TO RATIFY AND CONFIRM TUE PROCEICDINGS OF FIRE DISTRICT 
NUMBER ONE OF NORTH ATTLEBOROUGH. 

Be it enacted, etc., as follows: 
Proceedings SECTION 1. The meetings heretofore held by the in- 

habitants of Fire District Number One, North Attle- 
borough, under and by virtue of the acts of the legislature 
of Massachusetts relating to fire districts or of chapter 
one hundred eighty-one of the acts of eighteen hundred 
eighty-three, the votes and proceedings of said meetings, 
and all bonds and contracts authorized by said acts and by 
vote of such meetings, are hereby ratified, confirmed and 
made valid so far as the same may have been invalid from 
want of strict conformity to the requirements of said acts 
or from defects in the records of any such meetings. 
Section 2. This act shall take effect upon its passage. 

Approved February 27, 1884. 



1884. — Chapters 34, 35, 36. 29 

An Act to extend the limitation of time for the payment of /^/./-.vi 34 

STATE AID TO INVALID PENSIONEIiS AND THEIR DEPENDENT RELA- 
TIVES. 

Be it enacted, etc., as folloivs : 

Section 1. The limitation of time for the payment of ^/Jj^^^^/Pljy; 
state aid named in sections two and nine of chapter thirty aid to invalid 

•■ , "^ j)L'nsioiR'i«, etc., 

of the Puhlic Statutes is hereby extended to the hrst day to be extended. 
of January eighteen hundred and ninety ; and all the pro- 
visions of said chapter in any way relating to the payment 
of state aid to invalid pensioners and their dependent rela- 
tives shall remain and continue in force as they now are, 
till the said tirst day of January eighteen hundred and 
ninety. 

Section 2. This act shall take effect on the first day 
of January eighteen hundred and eighty-five. 

Approved February 27, 1884. 

An Act to extend the time within which the Charles river r^h^j) Q^ 

EMBANKMENT COMPANY SHALL PERFORM CERTAIN WORK. ^ ' 

Be it enacted, etc., as folloivs: 

Section 1. The time within which the Charles River Time extended 
Embankment Company is required by section five of chap- char'iesliiver 
ter tw^o hundred and eleven of the acts of the year eighteen o<^p',',^8haii 
hundred and eighty-one, to deposit on the territory de- p""^^|^'*™ <='^'"*^'° 
scribed in said act not less than three hundred thousand 
cubic yards of earth dredged from Charles River basin, in 
such localities and to such depths as the harbor and land 
commissioners shall prescribe, is hereby extended to the 
first day of May in the year eighteen hundred and eighty-six. 

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

Approved February 27, 1884. 

An Act to authorize the west springfield aqueduct company Ql^ay^ QQ 

TO issue bonus. 
Be it enacted, etc., as follows: 

Section 1. The West Springfield Aqueduct Company May issue bonds 
in addition to the powers granted under chapter one hun- mortgage. 
dred and thirty-eight of the acts of the year eighteen 
hundred and seventy-five 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 mentioned in the said act. 

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

Approved February 27, 1884. 



30 



1884 — Chapters 37, 38, 39, 



Provisions of 
P. S. 98, nol to 
constitute a tie- 
fence. 



Chcip. 37 '^'^ Act relating to actions for injuiues received on the 

lord's day. 
Be it enacted, etc., as follows: 

Section 1. The provisions of chfipter ninety-eight of 
the Public Statutes relating to the observance of the Lord's 
day shall not constitute a defence to an action for a tort or 
injury suffered by a person on that day. 

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

Approved February 27, 1884. 

ChCin. 38 -^'"^ ^^^ ^^ ESTABLISH THE SALARY OF THE EXECUTIVE MES- 
SENGER. 

Be it enacted, etc., as folloivs: 

Section 1. The annual salary of the executive mes- 
senger shall be nine hundred dollars from the first day of 
January in the year eighteen hundred and eighty-four. 

Section 2. So much of section six of chapter fifteen 
of the Public Statutes as is inconsistent with this act is 
hereby repealed. Approved February 27, 1884. 



Salary estab- 
lished. 



Repeal. 



Chap. 39 



Appropriations. 



Printing and 
bindii g, 
ordered by 
legislature. 



Senate 
stationery. 



House 
stationery. 



8ergeant-at- 
arms, station, 
ery, etc. 



Incidental and 

contingent 

expenses. 



An Act in further addition to an act making appropria- 
tions FOR THE MAINIENANCE OF THE GOVERNMENT THE PRES- 
ENT YEAR. 

Be it enacted, etc., as follows: 

Secpion 1. The sums hereinafter mentioned are ap- 
propriated, for the purposes specified, to be paid out of 
the treasury of the Commonwealth, from the ordinary 
revenue, unless otherwise ordered, to meet current ex- 
penses of the year ending on the thirty-first day of Decem- 
ber, eighteen hundred and eighty-four, 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 dol- 
lars. 

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 ordered 
by the sergeant-at-arms, a sum not exceeding eight hun- 
dred dollars. 

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



188i. — Chapter 39. 31 

For postage, printing and stationery of the executive council, print- 
council, a sum not exceeding five hundred dollars. 8utiol)ery. 

For contingent expenses of the governor and council, a Governor and 
sum not exceeding one thousand five hundred dollars. penses.'*''' 

For the contingent expenses of the executive depart- Executive fie. 
ment, the sum of three thousand dollars. penst's*!" ' '^'^ 

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



STATE HOUSE EXPENSES, ETC. 

For fuel and Ijohts for the state house, a sum not ex- state house, 

. ^ n 1 ,1 fuel and lights. 

ceeding six thousand dollars. 

For repairs, improvements and furniture of the state Repairs and 

T 1 1 11 furniture. 

house, a sum not exceeding ten thousand dollars. 

For repairs, improvements and furniture at the Com- Commonwealth 
mgnwealth building, a sum not exceeding five thousand 
dollars. 

INCIDENTAL AND CONTINGENT EXPENSES. 

For incidental expenses in the department of the secre- incidental ex- 
tary of the Commonwealth, a sum not exceeding three secretary. 
thousand dollars. 

For incidental expenses in the department of the treas- Treasurer. 
urer and receiver-general, a sum not exceeding one thousand 
six hundred dollars. 

For incidental and contingent expenses in the tax com- Tax com- 

,1 ~ Til 1 niissioner. 

missioner s department, a sum not exceeding three thousand 
dollars. 

For incidental expenses of the commissioner of corpo- commissioner 

.^ !•/• 111111 "^of corporations. 

rations, a sum not exceeding four hundred dollars. 

For expenses of the state valuation, a sum liot exceed- ^'^te valuation. 
ing three thousand dollars. 

For incidental expenses in the department of the auditor Auditor. 
of the Commonwealth, a sum not exceeding seven hundred 
dollars. 

For compensation and expenses of the commissioners on commissioners 

. 1 1 /. 1 . T r> 1 1 i- on inland 

inland nsheries, a sum not exceeding five thousand four iishcries. 
hundred and ninety dollars. 

For travelling and other necessary expenses of the har- Harbor and 

, 111-. J s: land com- 

bor and land commissioners, a sum not exceeding one missioners. 
thousand dollars. 

For incidental and contingent expenses of the harbor incidental and 

111 .. ^ Tr»iiJ contingent 

and land commissioners, a sum not exceeding five nundred expenses. 
dollars. 



32 



1881. — Chapter 39. 



Insurance 
commissioner. 



Railroad 
commiesioners. 



Commissioners 
on savings 
banks. 



Attorney- 
general. 



Inspectors of 
gas-inctcra. 



Contagious 
diseases among 
horses and 
cattle. 

Reimlmrsement 
fur state and 
military aid. 



Postage, print- 
ing, etc. 



Bounties to 
soldiers. 



For incidental expenses of the insurance commissioner's 
tlepaj'tment, 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 four thousand 
five hundred and fifty 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 one thousand five hundred dollars. 

For incidental expenses of the attorney-general, a sum 
not exceeding one thousand one hundred dollars ; and for 
expenses of civil actions, a sum not exceeding tljiree 
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. 

For the purpose of exterminating contagious diseases 
among horses and cattle, a sum not exceeding one thousand 
five hundred dollars. 

For the re-imburseraent of cities and towns for money 
paid on account of state and military aid to Massachusetts 
volunteers and their families, a sum not exceeding three 
hundred and seventy-tive thousand eisht hundred dollars ; 
the same to be payable on or before the first day of 
December of the present year. 

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

For payment of bounties due to Massachusetts soldiers, 
a sum not exceedinjr one thousand dollars. 



Bounties to 
societies. 



Expenses of 
board. 



Expenses of 
secretary. 



AGRICULTURAL. 

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

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

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



I 



1884. — Chapter 39. 33 

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

For raaintainino; an aijricultural experimental station at Agricultural 

1 -m » 1 • 1 1 11 • 1 J f experimental 

the Massachusetts airricultural college, in the town ot station. 
Amherst, the sum of five thousand dollars. 

For the Massachusetts asfricultural collo*;e, for the pur- Free scholar- 

, . 7 ships. 

jiose of providing eighty free scholarships, the sum of ten 
thousand dollars. 

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

MISCELLANEOUS. 

For expenses in connection with the removal of wrecks Removal of 
and other obstructions from tidewaters, a sum not exceed- "^"^'^'*' 
ing five thousand dollars. 

For the payment of unclaimed moneys in the hands of f4°"f7of'" 
receivers of certain insolvent coriiorations, after the same receivers of 

h, T ' A ^ • i^ 1 1 A A certain insolvent 

as been deposited in the state treasury, a sum not ex- corporations. 

ceeding ten thousand dollars; and for expenses in connec- 
tion therewith, a sum not exceeding two hundred dollars. 

To carry out the provisions of the act relative to the Funds received 
payment by the treasurer of the Commonwealth of funds atohristrators. 
received from public administrators, a sum not exceeding 
four thousand dollars. 

For additional compensation for the clerks of the senate cierks of senate 
and house of representatives for the year eighteen hundred ^"'^'^°"*^- 
and eighty-three, one thousand dollars. 

For expenses incurred in the construction and repair of Roads in 

1 • 1 /• A r 1 -\ • • 1 Mashpee. 

roads in the town ot Mashpee during the year eighteen 
hundred and eighty-three, the sum of three hundred 
doHars. 

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

For weights, measures, balances and reports for sundry weights and 
newly incorporated towns, a sum not exceeding eight •^'=''^"''®^- 
hundred dolhirs. 

For travelling and other necessary expenses of the Travelling ex- 
trustees of the state primary, reform and industrial schools, uuMec8°'etc. 
a sum not exceeding one thousand two hundred dollars. 

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

Approved February 29, 1S84. 



34 1884. — Chapters 40, 41. 

ChoT). 40 An Act to civroE the county of Worcester into tavo dis- 

TiaCTS for the registry of deeds. 

Be it enacted, etc., as follows: 

Two districts Section 1. The county of Worcester is divided into 

of deeds. " two distijcts for the registry of deeds, as follows: — 

The city of Fitchbnrg and the towns of Lunenburg, 

Leominster, Westminster and Ashbiirnham constitute the 

Northern District, and the office thereof shall be kept in 

the court house in the city of Fitchbnrg. The remainder 

of said county constitutes the Worcester District, and the 

office thereof shall be kept in the city of Worcester. 

Register for SECTION 2. The prcseut register of dccds for Worccs- 

Worcester . ~ . 

county to be tcr couuty shall be the register of said Worcester District 
Worcester uutil souic otlicr pcrsou is choscu and qualified in his 
district. stead. All laws in force when this act shall take effect, 

relative to registers and registries of deeds, shall apply to 

the above districts hereby created. 
Register for SECTION 3. Thc govcruor aud council shall, on or be- 

northern dis- /. i ,. ■• /. t • • i i 

tricttobe torc the farst day or June next, appomt some suital)le per- 

appoiii e . ^^^^^ ^^^ 1^^ ^j^^ register of deeds for said Northern District, 

until some person is chosen and qualified in his stead. 
beSert^d'to*' SECTION 4. Tho register of deeds for said Worcester 
register for Dlstrlct shall, ou dcmaud, deliver to the custody of tho 

nortliern dis- . nit r -ixt i t>>' • i yy i\ • • 

uici. register or deeds lor said Northern District all tlie origi- 

nal deeds and other instruments recorded and remaining in 
the office of the former, conveynig or relating to land or 
estates situated in said last named district. 

When to take SECTION 5. This act shall take effect on the first day 
of August next, excepting as to the appointment of regis- 
ter as is provided in the third section hereof, and for this 
latter purpose it shall take efTect on the first day of May 
next. Approved February 29, 1884. 

Cltan 41 A'^ ^^^ ^*-* AUTHORIZE THE TRUSTEES OF THE EPISCOPAL THEO- 
LOGICAL SCHOOL AT CAMBRIDGE TO HOLD ADDITIONAL REAL AND 
PERSONAL ESTATE. 

Be it enacted, etc., as follows: 

May bold real The trustces of the Episcopal Theological School at 

estatrtTthe Cambridge are hereby authorized to hold real and per- 

$T,5TO,ooo. sonal estate to the amount of one million and five hundred 

thousand dollars, for the purposes named in their act of 

incorporation ; and no device, bequest or conveyance 



1884 — Chapters 42, 43. 35 

heretofore made to said corporation shall be invalid by 
reason of the limit heretofore imposed by their act of 
incorporation. Approved February 29. 1884. 

An Act to authorize to"\vns to grant and vote money for (J/idp. 42 

CERTAIN MEMORIAL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. Towns may at legal meetings grant and Towns may 

I ii • 1 r /u „ grant money 

vote such sums as they nidge necessary for the purpose ot for certain 

, , . .1 i. A xi memorial 

erecting headstones or other monuments to the memory purposes. 
of persons who, accredited to their respective quotas, 
served in the military or naval service of the United 
States in the revolutionary war, the war of eighteen hun- 
dred and twelve, the Seminole war, and the Mexican war, 
and for keeping in repair and decorating such monuments 
and the graves of such persons. 

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

Approved February 29, 1884. 

An Act in relation to the salaries and duties of certain (JJian. 43 

OFFICERS OF the REFORMATORY PRISON FOR WOMEN. 

Be it enacted, etc., as follows: 

Section 1. The chaplain of the reformatory prison chapiainofthe 
for women shall in addition to her other duties act as as'te^acher"!" 
teacher, and shall in that capacity have charge of the pris- 
on school and instruction of the prisoners, under such 
rules as shall from time to time be established by the 
superintendent and approved by the commissioners of 
prisons. 

Section 2. The office of school-mistress in said prison office abolished. 
is hereby abolished. 

Section 3. The salary of the deputy superintendent saiary of the 

r -1 • 1 II I i2 1 1 ..1 ^ "^ . ^ r. . deputy snper- 

ot said prison shall be hxed by the commissioners ot pris- imendent. 
ous, but shall not exceed eight hundred dollars per 
annum. 

Section 4. So much of chapter two hundred and Repeal. 
twenty-one of the Public Statutes as is inconsistent with 
this act is hereby repealed. 

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

Approved March 1, 1884. 



36 1884. — Chapters 44, 45, 46, 47. 

QJiap. 44 ^^ ^^"^ '^^ AUTHORIZE THE STATE MUTUAL LIFE ASSURANCE COM- 
PANY OF WORCESTER TO PURCHASE AND HOLD ADDITIONAL REAL 
ESTATE. 

Be it enacted^ etc., as follows : 

Slifilaireai Section 1. The State Mutual Life Assurance Com- 
eetate. paiiy of WoFcester, incorporated under chapter one hun- 

dred and seventj'-seveu of the acts of the year eighteen 
hundred and forty-four, is authorized to purchase and 
hold real estate to an amount not exceeding two hundred 
thousand dollars, subject, however, to the provisions of 
chapter twenty-five of the acts of the year eighteen hun- 
dred and sixty-six. 

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

Approved March 1, 1884. 

CllCin, 45 -^^ -^CT TO PROVIDE FOR AN ALLOWANCE TO CERTAIN OFFICERS 

IN THE VOLUNTEER MILITIA. 

Be it enacted, etc., as follows: 
Aiiow.inceto SECTION 1. Thd'c shall bc allowcd and paid to each 

oflicore for care , , i i i i i 

of military cadct corps commuuder and to each company commander 
p'opertj. .^^ ^1^^ volunteer militia, for the care of and responsibility 

for the military property of the Commonwealth in their 
charge, the sum of tifty dollars per annum. 

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

Approved -March 1, 1884. 

An Act to enable the town of everett to raise money to 

extend its water pipes. 
Be it enacted, etc., as follows : 
May raise Section 1. The towu of Evd'ctt is hereby authorized 

Kn^warer^" to laisc by taxation, annually, a sum of money not ex- 
ceeding two thousand dollars, and appropriate the same 
to repairing, laying and extending the water pipes of said 
town used for supplying the inhabitants thereof with 
water. 

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

Approved March 1, 1884. 



Chap. 46 



pipes. 



Chap. 47 



An Act to provide for the abandonment of the melville 

avenue station and the re-location of the centre street 

station on the old colony railroad. 

Be it enacted, etc., as follows: 

Melville sfaiioD Section 1. The boaixl of railroad commissioners is 

doYedlnd^"' hereby authorized, at any time prior to the first day of 



1884. — Chapters 48, 49. 37 

October in the year eifyhteen hundred eighty-four, to allow f^^^^^'n ^g^'"'''"' 
the Old Colony Eailroad Company to abandon its station located. 
known as the " Melville Station" on that part of its road 
known as the " Shawmut Branch," and without further 
authority to re-locate its station known as the " Centre 
Street Station" at some convenient point to be designated 
by the board between where said " Melville " and " Centre 
Street" stations now stand. 

Section 2. Before authorizing such abandonment or Railroad com. 
re-location said board shall give a hearing, after such pub- give a hearing. 
lie notice as it may deem proper, to all parties interested, 
and if it grants such authority may impose upon said Old 
Colony Railroad Company such terms and conditions as it 
may consider just and equitable to all parties concerned. 

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

Approved llarch 1, 1884. 

An Act to incorporate tue blackstone valley agricultural (JJkjj)^ 48 

SOCIETr. 

Be'it enacted^ etc., as follows: 

Section 1. Moses Taft, Robert Taft, Daniel W. Taft, corporators. 
Henry M. Taft and George W. Hobbs and their associates 
and successors within the towns of Uxbridge, Blackstone, 
Douglas, Northbridge, Upton, Menclon and Milford are 
hereby made a corporation under the name of the Black- Name and 
stone Valley Agricultural Society, to be located at Ux- 
bridge, for the encouragement of agriculture, horticulture 
and the arts, by premiums and other means, with the 
powers and privileijes, and subiect to all the duties, Powersand 

. . T !• i . 1- • J !• 1 • 11 II 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 author- 
ized to hold by purchase, gift, devise or otherwise real 
and personal estate to an amount not exceeding fifteen 
thousand dollars. 

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

Approved March 1, 1884. 

An Act making additional appropriations for certain ex- (JJid-p^ 49 

PENSES authorized IN THE YEAR EIGHTEEN HUNDRED AND 
EIGHTY-THREE. 

Be it enacted, etc., asfolloivs: 

Section 1. The sums hereinafter mentioned are ap- Appropriations. 
propriated, to be paid out of the treasury of the Common- 



38 1884. — Chaptek 50. 

wealth, from the ordinary revenue, for the purposes 
specified herein, to wit : — 

flpemes^'^ For incidental expenses in the department of the secre- 

tary of the Commonwealth, three hundred and fifteen 
dollars and twenty-seven cents, which sum shall be paid 
from the appropriation of said department for incidental 
expenses for the present year. 

h^oT'uai' '""'^"'^ For the support of state lunatic paupers at the Danvers 
lunatic hospital, forty-two dollars and seventy-one cents. 

Worcester j^or the support of statc lunatic paupers at the Worces- 

lunatic hoBpital. , -I'li i ni n 

ter lunatic hospital, two thousand and twenty-four dollars 
and sixty-two cents. 

hou'eV^'™*' ^^^ current expenses at the state almshouse at Tewks- 

bury, seven thousand six hundred and thirty-one dollars 
and thirty-eight cents. 

feplirs^etc "^^^ cxpcnscs in connection with the extra repairs, im- 

provements and furniture at the state house, ten thousand 
seven hundred and thirty doUars and ten cents. 

Expenses Yq\ Contingent expenses of the senate and house of 

senate anu o l 

house. representatives, and necessary expenses in and about the 

state house, four hundred and fifty-seven dollars and forty- 
five cents. 

Fuel and lights. For fucl ami lights for the state house, four hundred 
and seventy-five dollars and eighty-two cents. 

No. 33 Pember- Yov suudry cxpcnscs in connection with house numbered 

ton Square. . . -J i 

thirty-three Femberton bquare, and the removal there- 
from, three hundred and sixty-nine dollars and seventy- 
six cents. 

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

Ap2)roved March 1, 1884. 

(JJlCnj. 50 ^'^ ^^"^ MAKING APPROPIUATIONS FOR SALARIES AND EXPENSES AT 
THE STATE PRISON, THE REFORMATORY PRISON FOR WOMEN, AND 
FOR EXPENSES IN CONNECTION THEREWITH. 

Be it enacted, etc., as follows : 

Appropriations. SECTION 1. The sums hereinafter mentioned are ap- 
propriated, to be paid out of the treasury of the Com- 
monwealth, for the purposes herein specified, from the 
ordinary revenue, to meet expenses for the year ending 
on the thirty-first day of December, eighteen hundred and 
eighty-four, to wit : — 

State prison. for payment of salaries at the state prison at Concord, 

a sum not exceeding fifty-seven thousand dollars ; and for 
other current expenses at said institution, a sum not ex- 
ceeding sevent^'-three thousand dollars. 



1884. — Chapter 51. 39 

For the payraeut of salaries at the reformatory prison Reformatory 
for women at Siierborn, a sum not exceeding twenty-one women. "^ 
thousand dollars ; and for other current expenses at said 
institution, a sum not exceeding forty-one thousand eight 
hundred dollars. 

For the salary of the agent for aiding convicts dis- Agent for dis. 
charged from the state prison, one thousand dollars; and victir 
for expenses of said agent, a sum not exceeding three 
thousand dollars, to be used in rendering assistance to 
said convicts. 

For the salary of the agent for aiding female convicts Mont for 
discharged from the prisons of this Commonwealth, a sum 
not exceeding seven hundred dollars ; and for expenses of 
said agent, and for assistance to said convicts, a sum not 
exceeding twenty-three hundred dolhirs. 

For expenses incurred in removing prisoners to and J^'i™"''i"5 
from the reformatory prison for women, a sum not exceed- 
ing two hundred dollars. 

For pavment of the cost of supporting prisoners re- support of 

, ' " j^, « ^ • / 4. prisoners. 

moved from the retormatory prison tor women, a sum not 
exceeding two hundred dollars. 

For incidental and contingent expenses of the commis- Comrnissioners 
sioners of prisons, a sum not exceeding eight hundred 
dollars. 

For travellino' expenses of the commissioners of pri- Travelling 

II 1 n 1 T -li. expenses. 

sons and the secretary thereof, a sum not exceedmg eight 
hundred dollars. 

For expenses incurred in the arrest of fugitives from Fugitives from 
justice, a sum not exceeding two thousand doUars. jus ice. 

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

Approved March 1, 1884. 

An Act making appropijiations for salaries and expenses (JJidj)^ 51 

AT THE STATE REFORM SCHOOL FOR BOYS AND THE STATE INDUS- 
TRIAL SCHOOL FOR GIRLS. 

Be it enacted., etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropriations. 
priated, to be paid out ot the treasury of the Common- 
wealth, from the ordinary revenue, for the purposes speci- 
fied herein. 

For the payment of salaries at the state reform school J^f^o™/'^''"''* 
for boys, at Weslborough, for the term of six months 
ending on the thirtieth day of June eighteen hundred and 
eighty-four, a sum not exceeding eight thousand dolhirs; 



40 1884 — Chapters 52, 53. 

t 

and for other current expenses at said institution, a sum 
not exceeding ten thousand dolhirs. 
schooTflTr girls. ^'^^^ ^hc payment of salaries at the state industrial school 
for girls, at Lancaster, for the year ending on the thirty- 
first day of December eighteen hundred and eighty-four, 
a sum not exceeding six thousand dolhirs; and for other 
current expenses at said institution, a sum not exceeding 
ten thousand three hundred dollars. 

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

Approved March i, 1884. 

Cliart. 52 ^^ -^^^^ prohibitIxVG the lockixg of the doors of buildings, 

WHEREIN operatives ARE EMPLOYED, DUUING THE HOURS OF 
LABOR. 

5e it enacted^ etc., as follows : 

U)cked durinV^ Section 1. No outsidc or insidc doors of auy buildlng, 

hours of labor, wheiciu opcralivcs are employed, shall be so locked, 
bolted or otherwise fastened during the hours of labor as 
to prevent free egress. 

Penalty. SECTION 2. Any pei'sou, firm or corporatiou bciug the 

owner, leasee or occupant of any such building who shall, 
after receiving five days' notice in writing from one of the 
inspectors of factories and public buildings, neglect or 
refuse to comply with the provisions of the preceding 
section, shall forfeit to the use of the Commonwealth not 
less than ten nor more than fifty dollars. 

To be enforced SECTION 3. The iusiicctors of factoHes and public 

by luspuctora. , . , i . in ■ i • • /• i • ' 

buildings shall enforce the provisions ot this act. 

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

Approved March i, 1884. 

OkciD. 53 ^^ ^'^^ AUTHORIZING THE CHARLES RIVER STREET RAILWAY COM- 
PANY TO ISSUE MORTGAGE BONDS. 

Be it enacted, etc., as follows: 

May issufi honds Section 1. Thc Chai'lcs River Street Railway Corn- 
not oxoeediug „ . . i .1 l c • -^ • • t 

$500,000. pany from time to time by the vote ot a majority in inter- 

est of its stockholders, at meetings called for the purpose, 
may issue coupon or registered bonds to an amount not 
exceeding five hundred thousand dollars, for a term not 
exceeding twenty years from the date thereof: provided, 
that the amount of bonds so issued under the provisions 
of this act shall at no time exceed the amount of stock 
actually subscribed for and paid in at par at that time ; 



1884. — Chaptees 54, 55. 41 

and to secure payment thereof, Avilh interest thereon, the May mortgage 
said company may make a mortgage of its road and Iran- tixmres. 
chise 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 right to sell or otherwise in due course 
of business dispose of property included in such mortgage 
■which may become worn, damaged or otherwise unsuitable 
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 tirst be approved Bonds to be 

t '111 • r ii i. ccntitied. 

by some person appointed l)y the corporation tor that pur- 
pose, who shall certify upon each bond that it is properly 
issued and recorded. 

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

Approved March 1, 1884. 

An Act to incorporate tue "Washington mills company. CJimj. 54 
Be it enacted, etc., as folloios : 

Section 1. Frederick Ayer, Nathaniel G. White and Corporators. 
John S. Farlow, their associates and successors, are here- 
by made a corporation by the name of the Washington Name and 
Mills Company, for the purpose of manufacturing cotton, 
woolen and mixed goods, in the city of Lawrence ; and 
for this purpose shall have all the powers and privileges ^^^^eT*"*^ 
and be subject to all the duties, restrictions and liabilities 
set forth in all general laws which now are or may here- 
after be in force relating to manufacturing corporations. 

Section 2. Said corporation may hold, for the pur- Real estate and 

. - , *■ "^ -. • i. r capital stock, 

poses aforesaid, real estate necessary and convenient lor 
its business, to an amount not exceeding fifteen hundred 
thousand dollars, and the whole capital stock shall not 
exceed two million dollars, divided into shares of one 
hundred dollars each : provided, hoicever, that said cor- 
poration shall not go into operation until five hundred 
thousand dollars of its capital stock is paid in. 

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

Approved March 1, 1884. 
An Act relating to the payment by insurance companies (JJiap. 55 

FOR THE VALUATION OF THEIR POLICIES. 

Be it enacted, etc., as foUoivs : 

Section 1. Section one hundred and fifty-seven of -^'^<;"j''^^*|"jy^° 
chapter one hundred and nineteen of the Public Statutes 
is amended so as to read as follows : — 



42 1884. — Chapters 56, 57, 58. 

Payment by a EvGrv iiisuraiice compaiiv doino; business in this 

insurance -J ^ I J o 

companies for Commouwealth shtill annually pay into the treasury of the 
policies. same, by the way of compensation for the vahiation of its 

policies, five mills on every thousand dollars insured by it 
on lives." 

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

Approved March 5, 1884. 

ChClT). BQ> ^^ ^'^'^ ^^ LIMIT THE LIABILITY WHICH MAY HE INCURRED BY 
ANY ONE PERSON TO SAVINGS BANKS AND INSTITUTIONS FOR 
SAVINGS. 

Be it enacted^ etc., as follows: 
Limit of liability SECTION 1. Clausc sixth of scction twenty of chapter 

to be incurred , - ,. /.i-riii'o li-i. 

by one person, ouc hundred and sixteen or the rublic otatutes relatmg to 
investments by savings banks and institutions for savings 
in bonds and other personal securities is hereby amended 
by adding thereto the following words: *^ provided, that 
the total liabilities to any such corporation, of any person, 
or of any partnership, c()m[)any or corporation, for money 

Proviso. borrowed upon personal security, including in the lia- 

bilities of a partnership, company or corporation the 
liabilities of the several members thereof, shall at no time 
exceed five per cent, of such deposits and income." 

Section 2. This act shall take effect upon its passage. 
[Repealed, 1884, Ch. 168.'] Approved March 3, 1884. 

Chdl). 57 -^^ ^^^ AUTHORIZING THE CITY OF NEW BEDFORD TO COMPEN- 
SATE ITS BOARD OF ALDERMEN. 

Be it enacted, etc., as follows: 
Ai.iermento Section 1. Tlic aldcFmeu of the city of Ncw Bcdford 

receive salaries. ,,, , ittth . pi- 

shall receive one hundred dollars each per annum lor their 
compensation. This act shall apply to the aldermen now 
in office as well as to those who may hereafter be elected 
to the office of aldermen in said city. All acts and parts 
of acts inconsistent herewith are hereby repealed, 
upon accept' Section 2. This act shall take effect upon its accept- 
ance, ance by the city council of said city. 

Approved March 5, 1884. 

(JJldJ). 58 -^^ ^^^ ^^ RELATION TO STATEMENTS MADE BY FOREIGN FIRE 
INSURANCE COMPANIES TO THE INSURANCE COMMISSIONER. 

Be it enacted, etc., as folloivs : 

madeT^forei^n Section 1. Any forcigu fii'c iusurauce Company doiug 
business within this Commonwealth may at its option 



I 



1884. — Chapter 59. 43 

include in its statements to the insurance commissioner its insurance 

„. ,. 1 iijiiii 'Tj. companies. 

foreign business and assets, but shall be required to re- 
turn only the business done in the United States, and the 
assets held by or for it within the United States for the 
protection of policy holders therein. 

Section 2. A comi^any Avhich does not make a return Company not 

. J- . {> '1 r • 1 • 1 making return 

to the insurance commissioner ot its toreign business and simii not adver- 
assets shall not make any publication, announcement or *'*'''*" i««^^e. 
advertisement of the same within this Commonwealth. 

Section 3. It shall be the duty of the insurance com- certificate may 
missioner to revolve the certificate of authority to do busi- 
ness in this Commonwealth granted in behalf of any com- 
pany violating the provisions of the second section of 
this act. Approved March 6, 1884. 

An Act to supply the town of middleuorougii with water (7/^^m^ 59 
or to authorize the middleborough fire district to fur- 
nish a water supply. 

Be it enacted, etc., as follows: 

Section 1. The town of Middleborough is hereby May take water 
authorized to take and hold in said town the water of Kive^relc/ 
Namasket River, or of any springs or natural brooks 
within the water shed of said river in said Middle- 
borough, or the water of Assawampsett Pond, and convey 
the same into and through the said town of Middleborough 
and through that part of the town of Lakeville lying be- 
tween Assawampsett Pond and said Middleborough on the 
westerly side of said Namasket River, for the use of said 
Middleborough and the inhabitants thereof, for domestic 
and manufacturing purposes, and the extinguishment of 
fires ; and may also take and hold by purchase or other- 
wise lands or estates for the construction of such works May take land 
as may be necessary therefor, and for laying and main- ofVorks.'^"''""" 
taining aqueducts or pipes, constructing and maintaining 
reservoirs, and such other works as may be necessary for 
conve3ung, raising, retaining and distributing said water. 

Section 2. Said town, for the purposes aforesaid, may May lay pipes 
lay pipes, build aqueducts and maintain the same by any aquecui'cts. 
works suitable therefor, either in the town of Middle- 
borough or Lakeville ; may provide and maintain the 
necessary machinery for raising the water above the source 
of supply; may erect such structures as may be necessary 
for preserving the works; may construct and maintain 5^Jjyg*=°°*t''"<=* 
proper dams and reservoirs, and establish such public reservoirs. 



u 



1884. — Chapter 59. 



May establish 
water rates. 



To file in 
registry of deeds 
H description of 
the land taken. 



Liability for 
damages. 



No assesBnnent 
to be made 
until water is 
actually 
diverted. 



Middleborougb 
Water Loan. 



fountains and hydrants as are at any time deemed proper, 
and may change or discontinue the same ; may distribute 
the water throughout said town or any part thereof, regu- 
late its use, and establish the rates to be paid therefor. 
Said town, for the purposes aforesaid, may carry its pipes 
and other works over or under any water-course, drain, 
sewer, pipe, street, railroad, highway or other way, 
in such manner as not unnecessarily to obstruct the same ; 
and may do any other acts or things necessary and proper 
in executing the purposes and intentions of this act. Said 
town of iNIiddkborough shall, within ninety days after the 
taking of any lands, water sources or water rights as 
aforesaid, otherwise than by purchase, file in the registry 
of deeds for the county of Plymouth a description there- 
of sulEciently accurate for identification, with a statement 
of the purpose for which the same is taken, signed by the 
water commissioners hereinafter provided for. 

Section 3. Said town shall be liable to pay all dam- 
ages sustained by any person or corporation by taking any 
land, water, water rights or property, or by the construct- 
ing of any aqueduct, reservoir or other works for the pur- 
poses aforesaid, and if any person or corporation sustain- 
ing damages as aforesaid cannot agree with the town upon 
the amount of said damages, he or it may have them as- 
sessed and determined in the same manner as is provided 
when land is taken for a highway ; the application there- 
for to be made in writing within one year after the taking 
of such land, water sources or water rights, or other in- 
jury done, as aforesaid, but not thereafter. No assess- 
ment for damages shall be made for the taking of any 
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 4. For the purposes of paying all necessary 
expenses and liabilities incurred under the provisions of 
this act, said town of Middleborougb may issue bonds, 
notes or scrip from time to time, signed by its treasurer 
and countersigned by the water commissioners hereinafter 
provided for, to be denominated on the face thereof " Mid- 
dleborougb Water Loan," to an amount not exceeding 
sevent^'-five thousand dollars, payable at periods not ex- 
ceeding thirty years from the date of issue, with interest 
payable semi-annually at a rate not exceeding six per cent, 
per annum. Said town ma}'^ sell such securities at public 



188i. — Chapter 59. 45 

or private sale, or pledge the same for money borrowed 
for the purposes of this act, upon such terms and condi- 
tions as it may deem proper. Said town shall pay the ^|."^j/|f^,,{X^^i'° 
interest on said loan as it accrues, and shall provide for 
the payment of the principal at maturity by establishing 
at the time of contracting said debt a sinking fund to 
which it shall contribute annually a sum sufficient, with 
the accumulations thereof, to pay said principal at 
maturity. 

Section 5. Said town shall raise annually by taxation Payment of 

, . \ • 1 £• ii 1 f interest and 

a sum, which, with the income derived irom the sale ot current 
water, shall be sufficient to pay the current annual ex- ^^p*''^*^*- 
penses of operating its water works and the interest 
accruing on the bonds issued by said town, and to make 
such payment on the principal as may be required under 
the provisions of this act. 

Section 6. Whoever wilfully or wantonly corrupts, Penalty for 

T /•! ii lii'i polluting or 

pollutes or diverts any of the waters taken under this act, diverting water. 
or injures any dam, reservoir, aqueduct, conduit, pipe or 
other proi)erty owned or used by said town for the pur- 
poses of this act, shall forfeit and pay to said town three 
times the amount of damages assessed therefor, to be re- 
covered in an action of tort ; and on conviction of either Penalty. 
of the above acts shall be punished by a fine not exceed- 
ing one hundred dollars, or by imprisonment not exceed- 
ing six months. 

Section 7. Said town of Middleborough shall, after Board of water 

_,. ., , i'iiii«ii commissionera 

its acceptance of this act, at a legal meeting called for the to be elected. 
purpose, elect by ballot three persons to hold office, — 
one until the expiration of three years, one until the expi- 
ration 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 said town by this act, and not 
otherwise specifically provided for, shall be vested in said 
board of water commissioners, who shall be subject, how- 
ever, to such instructions, rules and regulations as said 
town may impose by its vote, and a majority of said 1)oard 
shall constitute a quorum for the transaction of business. 
Any vacancy occurring in said board from any cause may Vacancy, 
be filled for the remainder of the unexpired term by said 
town at any legal town meeting. 



46 1884. — Chapter 59. 

fcwpt^^'nce by a Section 8. The preceding sGctioiis of this act, so far 
ofthl^''^'V"^'' as they apply to, and confer authority on the town of 
Middleborough to introduce a supply of water for its in- 
habitants as aforesaid, shall become inoperative and void, 
unless said town shall accept the same, and authorize the 
introduction of water under its provisions by a two-thirds 
vote of its legal voters present and voting thereon at any 
legal town meeting called for the purpose within three 
months of the date of the passage of this act. At such 
meeting the check list shall be used and the voting shall 
be by ballot, written or printed, Yes, or JVb. The number 
of meetings so called shall not exceed two. 
icwptedrthe Section 9. In case the town of jNliddleborough shall 

Mifidieborough pcfusc to acccpt the preceding provisions of this act as 

Fire District .^,. ^. . \ i •• 

shall be a cor- specifaed ui scction eight, then the organization now known 

ehau'lTseume' all as the Middleborough Fire District with its present metes 

pos«i'by ai'ui™" ^"d bounds shall hereby be made a corporation ; and in 

upon the town, addition to the powers which it now has under the general 

law shall have the right to exercise all the powers and 

privileges conferred upon said town of Middleborough by 

the preceding sections of this act, and shall assume all the 

liabilities and duties imposed upon said town by this act. 

Said district shall have the right to introduce from any of 

the sources named in the preceding sections a supply of 

water for the use of its inhabitants, may construct and 

maintain complete water works for making available and 

distributing such supply, and for that purpose may take 

and hold land, water sources and water rights, lay pipes, 

erect buildings, procure and operate machinery, establish 

fountains and hydrants and discontinue the same, and 

may exercise all the authority in these respects granted 

in preceding sections to the town of Middleborough. Said 

ma'ko'^c^itnicts district may make such contracts with individuals, corpo- 

wlterf^'^'"^ rations and the town of Middleborough for the supplying 

of water as may be agreed upon, and may fix and collect 

rates for the use of the water. This authority to introduce 

a public water supply under the provisions of this act is 

granted on condition that the same is assented to by said 

fwtw'rds vote ^re district within two years from the passage of this act, 

of the fire bv a two-thlrds vote of the voters of said district qualified 

district. •' . . 1 • 1 

to vote m town affairs, present and voting thereon at any 
legal meeting called for that purpose ; whereupon all the 
rights, privileges and liabilities herein granted to or im- 
posed upon said town of Middleborough shall vest in and 



1884. — Chapter 59. 47 

be assumed by said fire district. At such meeting the 
check list shall be used and the voting shall be by ballot, 
written or printed, Yes, or JSTo. The number of meetings 
called in one year shall not exceed three. 

Section 10. The said fire district may, for the purpose pistriotmay 
of paying the cost of carrying the provisions of this act "*""'' 
into effect, issue from time to time bonds, notes or certifi- 
cates of debt to an amount not exceeding in the aggregate 
seventy-five thousand dolhirs ; such securities shall be de- 
nominated the " Middleborough Fire District 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 cent, 
per annum, and shall be signed by the treasurer of said fire 
district and be countersigned by the water commissioners 
hereinafter provided for. The said fire 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 contracting said 
loan, for the establishment of a sinking fund, and shall an- sinking fund to 
nually 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. 

Section 11. The said fire district shall raise annually To raise 
by taxation a sum which, with the income derived from the tax"uon a snm 
water rates, will be sufficient to pay the current annual hit^,^e"st"and^^^ 
expenses of operating its water works and the interest as p"nseg^'^^' 
it accrues on the bonds, notes or certificates of debt issued 
by said fire district ; 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. Said fire district 
is further authorized to raise by taxation any sum of money May raise 

/• ^ 1 /> 1 • 1 ^' -1 i 1 money to extend 

lor the purpose or enlargmg or extending its water works, works. 
not exceeding three thousand dollars in any one year. 

Section 12. Whenever a tax is duly voted by said fire when tax is 
district for the purposes of this act, the clerk shall render vote to be certi- 
a certified copy of the vote to the assessors of the town of o'fthe"town?°" 
Middleborough, who shall proceed within thirty days to 
assess the same in the same manner in all respects as 
other taxes in said fire district arc by law required to be 
assessed. The assessment shall be committed to the town 



48 



1884. — Chapter 59. 



Interest on 
taxes overdue. 



Proviso. 



Board of water 
comrnissioDors 
to be elected. 



Commissioners 
to be trustees of 
tlie sinking fund 



Vacancy, 



Annual report 
to be made. 



District may 
adopt by-laws. 



collector, who shall collect said tax in the same manner as 
is provided for the collection of town taxes, and shall de- 
posit the proceeds thereof with the treasurer of the tire 
district for the use and benefit of said fire district. Said 
fire district may collect interest on taxes when overdue 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 vot- 
ing to raise a tax shall so determine, and shall also fix a 
time for payment thereof. 

Section 13. The said fire district shall after assuming 
the authority conferred by this act as provided in section 
nine, 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 succeed- 
ing annual meetiuo: to constitute a board of water commis- 
sioners ; and at each annual meeting thereafter, one such 
commissioner shall be elected by ballot for the term of 
three years. All the authority granted to the said fire dis- 
trict 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 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 commis- 
sioners 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 
cause may be filled for the remainder of the unexpired 
term by said fire district at any legal meeting called for 
the purpose. No money shall be drawn from the district 
treasury on account of said water works except by a Avrit- 
ten 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 expendi- 
tures. 

Section 14. 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 war- 
rant 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 



1884. — Chapters 60, 61, 62, 63. 40 

its water works not inconsistent with this act, or the laws May make rules 
of the Commonwealth, and may choose snch other officers mem of works. 
not provided for in this act as it may deem proper and 
necessary. 

Section 15. This act shall take effect upon its passage. 

Approved March 6, 1884. 

Ax Act to repeal the public statutes relating to the an- (J]iqj)^ QO 

NUAL election SERMON. 

Be it enacted, etc., as foUoics : 

Sections twenty-four and thirty-five of chapter two of the Election 
Public Statutes, relating to an annual election sermon and 
the compensation of the preacher thereof, are hereby re- 
pealed. Approved March 6, 1884. 

An Act to change the name of the hovey and crandon pub- Ol^nv^ A1 

LISHIXG company. " 

Be it enacted, etc., as foUoivs : 

The name of the " Hovey and Crandon Publishing Com- Name changed. 
pany," incorporated under chapter one hundred and six 
of the Public Statutes, is changed to that of the " Manu- 
facturers' Gazette Publishing Company." 

Approved March 6, 1884. 



Chap. 62 



An Act to authorize the hingiiam cordage company to hold 
additional real and personal estate. 

Be it enacted, etc., as follows : 

The Hingham Cordage Company, for the purposes set May hold addi- 
forth in its charter, is hereby authorized to hold real and per"8ona7eaate. 
personal estate to an amount not exceeding one hundred 
and fifty thousand dollars. Approved March 6, 1884. 

An Act to change the name ov the Worcester lyceum and z^/,^,^ aQ 

NATURAL history ASSOCIATION. ^ ' 

Be it enacted, etc., as follows : 

Section 1. The name of the Worcester Lyceum and Name changed. 
Natural History Association is hereby changed to the 
Worcester Natural History Society. 

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

Approved March 6, 1884, 



50 188^. — Chapters 64, 65, 66, 67. 

Chan. 64 ^^ -^^"^ '^'^ prevent the spread of contagious diseases 

THROUGH the public schools. 

Be it enacted, etc., as follows: 

d^Telscl'^i'Jf The school committees shall not allow any pupil to at- 

pubiic schools, tend the public schools while any member of the house- 
hold to which such pupil belongs is sick of small-pox, 
diphtheria or scarlet fever, or during a period of two 
weeks after the death, recovery or removal of such sick 
person. Approved March 7, 1884. 

Ch(ll). 65 ^^^ -^^^ "^^ establish the SALARY OF THE CLERK OF THE 

POLICE COURT OF HOLYOKE. 

Be it enacted, etc., as follows: 

nshe'd ''^'"^ Section 1. The annual salary of the clerk of the 

police court of Holyoke shall be one thousand dollars. 
Section 2. This act shall take effect upon its passage. 

Approved March 7, 1884. 

(JllCLll. 66 ^^ ^^'^ RELATING TO CLEIUCAL ASSISTANCE IN THE OFFKJE OF THE 
SECRETARY OF, AND FOR LECTURES BEFORE, THE BOARD OF 
AGRICULTURE. 

Be it enacted, etc., as follows: 

CK ricai servicis. Section 1. The Secretary of the board of ngricultiire 
may expend for other clerical services in his office, and 

Lectures. foi' lecturcs to be given before the board at its annual and 

other meetings, a sum not exceeding eight hundred dol- 
lars per annum. 

Repeal. Sectiox 2. So Hiuch of scctlou four of chapter twenty 

of the Public Statutes as is inconsistent with this act is 
hereby repealed. 

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

Appfbved March 7, 1884. 



Clio p. 67 



;t An Act in addition to the acts to supply the city of hol- 
yoke WITH PURE WATER. 

Be it enacted, etc., as follows: 

May take waters Section 1. The city of Hdlyoke by its water commis- 
si re. iBi'wt. sioners, for the purposes mentioned in chapter sixty-two 
of the acts of the year eighteen hundred seventy-two, may 
take and hold the waters of the " Whiting Street Brook," 
so called, in the cities of Holyoke and Northampton, and 
may convey the same into and through all parts of said 
city of Holyoke ; and may also take and hold by purchase 



1884 — Chapter 67. 51 

or otherwise, all lands, rights of way and easements, nee- Maytakeand 
essary for raising, Howing, holding, conveying and pre- ^"'"^ '""^''■ 
serving such waters; and may erect thereon suitable dams, 
buikliiigs, fixtures and structures, and make excavations 
and embankments, procure and operate machinery, and 
provide such appliances as may be necessary to carry out 
the provii^ions of this act ; and may construct and lay down 
conduits, pipes and other works, under or over any lands, 
water-courses, 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 May conetruct 

'^ o , *• , and lay down 

for all proper purposes of this act, may dig up, raise and conduits, pipes 
embank any such lands, street, highway, alley or other works/''' 
way in such manner as to cause the least hindrance to 
public travel thereon : provided, that all work of construc- 
tion, maintenance and repairs, done and performed in the Work done in 
public highway in the city of Northampton, shall be ex- ^uhj!'^"To^or"icr 
ecuted in the place designated by and agreeably to the "fd'eniien""'^ 
order of the mayor and aldermen of the said city of North- 
ampton. 

Section 2. The city of Holyoke shall, within ninety a description of 
days after the taking of an}^ lands, water-rights, rights of taken'to'beVied 
way or easements as aforesaid, otherwise than by pur- delds!^"^""^'^^ "^ 
chase, tile in the registry of deeds for the county within 
which are situated such lands, rights or other property, a 
description thereof, sufficiently accurate for identitication, 
with a statement of the purposes for which the same were 
taken, signed by the water commissioners of said city. 

Section 3. I'he said city shall pay all damages sus- Damages to bo 
tained by any person in property by the taking and hold- ^"^"^^^^ '"''^^^ 
ing of any water, water-rights, land, right of way or ease- 
ment, or by any other thing done by said city under the 
provisions of this act. Any person sustaining damages 
as aforesaid, who fails to agree with said city as to the 
amount of damages sustained, may have the same assessed 
and determined in the manner provided by law when land 
is taken for the laying out of highways, on application at Application for 

. . ^ o J ' 11 dainnKcs to be 

any time within one year from the taking of such land or ma.ie within 
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 one year. 

Section 4. For the purpose of paying all necessary Mayissuebonds 
expenses and liabilities incurred under the provisions of $3o,u 



not exocoding 
"■'i.OUO. 



18S4. — Chapter 67. 



Sinking fund. 



Proviso. 



this act, said city by its water commissioners, shall have 
authority to borrow from time to time such sums of -money 
as they shall deem necessary, to an amount not exceed- 
ing thirty thousand dollars, and to issue therefor bonds, 
notes or certificates signed by the said water commission- 
ers and countersigned by the mayor and auditor of said 
city, to be denominated on the face thereof the " Ilolyoke 
Hoiyoije Water Water Loau Act of eir^hteen hundred and eijrhty-four," 

Loan. ~ n ./ ' 

payable after one year, in instalments of not less than live 
thousand dollars each year, and bearing interest at a rate 
not exceeding six per cent, per annum. The said city by 
said water commissioners may sell or pledge the same or 
any portion thereof, or make other proper disposal of the 
same for the above purpose. The loan herein authorized 
may be paid as herein provided year by year from the 
sinking fund created in section seven of chapter sixty-two 
of the acts of the year eighteen hundred seventy-two: 
provided^ that it can be so paid after contributing not less 
than one per cent, per annum to said sinking fund, from 
the surplus receipts of the water works for that year, on 
the whole amount of the water debt outstanding; other- 
wise the said debt herein authorized shall be paid by 
taxation. 

Section 5. 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 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 pun- 
ished l)y fine not exceeding one hundred dollars or im- 
prisonment not exceeding six months, or both said 
penalties. 

Section fi. The water commissioners of the city of 
Holyoke shall superintend and direct the performance of 
all the works, matters and things mentioned in this act, 
and exercise all the rights, powers and privileges hereby 
granted and not otherwise specifically provided tor herein. 
They may fix and establish a reasonable compensation for 
their services, subject to the concurrent vote of the city 
council, said compensation to be paid as a part of the cur- 
rent expenses of the water works. 



Penalty for 
polluting water 
or injuring 
property. 



Water com mis 
Bionere t<> ex- 
ercise rights, 
etc., granted. 



1884. — CHArTEEs 68, 69, 70. 53 

Section 7. This act shall take effect upon its accept- f.lJ^^^JJ"^^'^; 
'ance bv a two-thirds vote of each branch of all the mem- two-thirds vote 

■^ , . •! f 1 • 1 X* withm three 

bers or the city council or said city present and voting years, 
thereon, if accepted within three years from its passage. 

Ajjproved March 7, 1S84. 

An Act to authorize court little joiin, number six, inde- (J/kij)^ 68 
pendent order of foresters to change its name. 

Be it enacted^ etc., asfoUoivs: 

Section 1. The Court Little John, Number Six, In- Name changed. 
dependent Order of Foresters is hereby authorized to 
change its name to Court Little John, Number Fifty, 
United Order of Forester's. 

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

Approved March 10, 1884. 

An Act relating to instruction in the elementary use of n^my)^ (39 

HAND-TOOLS IN PUBLIC SCHOOLS. 

J5e it enacted, etc., as foUoivs : 

Section one of chtioter forty-four of the Public Statutes, Elementary use 

,. Ill n • !• jii li* ot hand-tools 

relatmg to the branches ot instruction to be taught in may be taught 
public schools, is amended by striking out, in the eighth echoou." '"^ 
line, the words " and hygiene," and inserting instead the 
words " hygiene and the elementary use of hand-tools," 
and in any city or town whore such tools shall be intro- 
duced, they shall be purchased by the school committee, at 
the expense of such city or town, and loaned to such 
pupils, as may be allowed to use them, free of charge ; 
subject to such rules and regulations as to cai*e and cus- 
tody as the school committee may prescribe. 

Approved March 10, 1884. 

An Act in addition to an act to regulate the sale of coal (JJiqjj^ 7Q 

BY measure. 

Be it enacted, etc., as foUoivs: 

Section 1. The capacity of the baskets or measures capacity of 
mentioned in chapter two hundred and eighteen of the Stamped there- 
acts of eighte'en uundred and eighty-three, shall be plainly °"" 
marked or stamped thereon by the sealer of weiglits and 
measures. Coal sold in accordance with the provisions of coai to be de- 

» livered m same 

said chapter two hundred and eighteen shall be delivered basket in whuh 
to the purchasers thereof in the same baskets or measures 
that are used in measurins: such coal. 



54 1884. — Chapter 71. 

Penalty, Section 2. A iij pei'soH wlio violtites the provisions of 

this act shcall be subject to a fine not exceeding twenty dol- 
lars for each oflence. Approved March 10, 1884. 

Chan. 71 ^^ ^*^^ ^® authorize the town of marblehead to take addi- 
tional LAND FOR THE PURPOSE OF INCREASING ITS WATER SUPPLY. 

Be it enacted, etc., as follows : 
May take and Section 1. The towH ofMarblchcad mav take and hold 

liola land. . iii i ^ • t c 

by purchase or otherwise such land on the westerly side ot 
Pond Street in said town in the " small-pox" and " lower 
division " pastures, so called, as it may deem necessary for 
the purpose of increasing the water supply of said town 
May erect for tii'e and manufacturing uses, and may erect on such land 

dan)s, lay down i^it r«x i i 

condutsand propcF dums, buildiugs, nxtures, and make excavations 
^'^*^^' and procure and run machinery therefor, with such other 

appliances as may be necessary for complete and effective 
water works, and dig up, raise and cml)ank any such lands, 
and may construct and lay down conduits, pipes and other 
works under or over any lands, water-courses or roads, and 
along any street or other way in such manner as to cause 
the least hindrance to travel thereon. 
A description Section 2. Said town shall within ninety days after 

of the land taken ., ,■ /-ii- ii i. *„ 

to be filed in the the time 01 taking any lands, water-courses or water 
deldT^°^ rights as aforesaid, otherwise than by purchase, file in the 
registry of deeds for the county of Essex, a description 
thereof sufficiently accurate for identitication, with a state- 
ment of the purpose for which the same is taken, signed by 
the selectmen. 
Damages to be Section 3. Tbc Said towu shall pay all damages sus- 
u)"wn^ ^^^ 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 said damages 
assessed and determined in the manner provided by hiw 
when land is taken for the laying out of highways, on ap- 
Appiication to plicatiou at any time within one year from the taking of 
damage^s wUbin Said land or other property, or the doing of other injury 
one year. uudcr the authority of this act ; but no such application shall 

be made after the expiration of said one year. 
w°bfmade'umii Section 4. Tlils act shall take effect upon its passage, 
actis accepted |^nt uo expenditure shall be made or liability incurred un- 

by a majority ' ., .- . .it ••i c j.\ 

vote. der the same until said act is accepted by a majority oi the 



1881. — CiiAPTEES 72, 73. 5b 

voters present at a ]oga\ town meeting called for that pur- 
pose, and this act shall be void unless so accepted by said 
town within one year from the date of its passage. 

Approved March 11, 1884. 

An Act to amend " an act to provide fou teie custody of books QIk^i^^ 72 
and papers of insolvent savings banks." 

Be it enacted, etc., as follotus : 

Section 1. Section one of chapter seventy-seven of {;oob"'!fn^*^ 
the acts of the year eiijhteen hundred and eighty-two, re- Papers „fiu- 

, -J 1 n 1 ^ 1 r- • ^ l solvent savings 

latmg to the custody or books and papers oi insolvent banks. 
savings banks, is hereby amended by adding after the -words 
"state house "in the last line, the following words, " or 
Commonwealth build insr." 

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

Approved March 11, 1884. 

An Act to confirm the proceedings of the wasuington ceme- (JJiap. 73 

TERY association AT GLOUCESTER. 

Be it enacted, etc., as foUoivs : 

Section 1. The acts and proceedings of Isaac P. fo'^Xme'df 
Morse, Walter Cressy, Eben Lufkin, Thomas Marshall, 
Charles P. Barrett, George A. Sanborn, David Ingersoll, 
James Ingersoll and their associates in organizing the 
"Washington Cemetery Association in the city of Glouces- 
ter, and the subsequent proceedings of the above named 
persons, their associates and successors under said organi- 
zation are hereby ratitied and confirmed ; and the Wash- 
ington Cemetery Association is hereby established as an 
existing corporation for the purpose of managing, im- Established as 
proving and controlling the grounds situate in a certain corporaiio^i. 
inclosure on Western Avenue in the city of Gloucester, 
set apart for the burial of the dead, being the same lot of 
land conveyed to John Barrett, Edward Loyd and James 
Knight, trustees, by deed dated August seventeen, eigh- 
teen hundred thirty-nine, and recorded in Essex registry 
of deeds, book 314, leaf 274; with all the powers, rights Powers and 

1 • -I 1 1 • 11 1 1 • 1- • J- 1 duties. 

and privileges, and subject to all the duties, limitations and 
restrictions conferred by general laws upon such corpora- 
tions. 

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

Approved March 11, 1884. 



56 



1884. — Chapters 74, 75. 



May elect 
directors by 
classes. 



Chap. 74 ^^ ^CT AUTHORIZING INSURANCE COMPANIES TO ELECT TUEIR DIREC- 

TOKS UV CLASSES. 

Be it enacted, etc., as follows : 

Section 1. Any insurance company may at its annual 
meetins: or at any special meeting called for that purpose 
make by-laws dividinir its board of directors into two, 
three or four classes, so that the directors of the first class 
shall go out of oifice on the day of the next annual meeting, 
and the directors of the second, third and fourth classes 
shall go out of oflSce respectively on the day of each suc- 
ceeding annual election of directors At each annual meet- 
ing after the adoption of such by-laws, only one cla-*s of 
directors shall be elected. Any vacancies may be tilled 
by the election of new directors whose terms of office shall 
expire with those of the class to which they have respec- 
tively been elected. 

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

A]}proved March 7, 1884. 



Vacancies. 



Chap. 75 



Name changed. 



May hold lands 
and conjei'sions 
arantcd by 
Mexico. 



May purc'iase 
and hold lands 
in Mexico. 



May sell, mort- 
gasre, etc , 
properly. 



An Act to change the corporate name of the texas, topolo- 
bampo and pacific railroad and telegraph company, and to 
extend its franchise. 

Be it enacted, etc., as foHoics : 

Section 1. The corporate name of the Texas, Topolo- 
bampo and Pacific Railroad and Telegraph Company in- 
corj)orated under the general laws of the Commonwealth 
is changed to the American and Mexican Pacific Railroad 
Company. 

Section 2. In addition to the powers and privileges 
already conferred, the said corporation shall have power 
to receive and hold such lands, concessions and subsidies 
as may be now or hereafter conferred upon or granted to 
it by the Republic of Mexico or any of the states thereof 
in which said railroad or telegraph line may be located. 

Section 3. The said corporation shall have power to 
purchase and hold in fee simple such lands or rights in the 
same in the states of said Republic of Mexico in which said 
railroad and telegraph, line may be located as it may 
deem expedient. 

Section 4. The said corporation shall have power to 
sell, lease, mortgage and otherwise dispose of such prop- 
erty as it may acquire under the powers conferred by this 
act, and may erect buildings, dwelling houses and other 



1884. — CiiAPTEES 76, 77, 78. 57 

striictiues thereon and otherwise improve the same as may 
be deemed expedient. 

Section 5. The power conferred by this act shall i^^t ^°J/[^X^her. 
l>e exercised except in furtherance of the objects and pur- anceof pur- 
poses for which said corporation is organized. orgainzud. 

Section 6. This act shall take efiect upon its passage. 

Approved March 12, 1884. 

An Act to pkohibit the sale of firearms and other danger- (JJiap. 76 
ous weapons to minors. 

Be it enacted, etc., as follows: 

Section 1. No person shall sell or furnish to a minor Dangerous 

1 . - weapons not to 

under the ace of tifteen years, any firearms or other dan- be furnished to 

~ . T -t .\ , ' J. J. ^ t- I minors under 

gerous weapon : provided, that instructors and teacners fifteen. 
may furnish military weapons to pupils for instruction and 
drill. 

Section 2. Whoever violates the provisions of this Penalty. 
act shall ior each offence be punished by fine not less than 
ten nor more than fifty dollars. 

Section 3. All acts and parts of acts inconsistent i^^peai. 
herewith are hereby repealed ; but such repeal shall not 
affect any prosecutions or suits now begun, nor prevent 
the institution of any suit, prosecution or proceedings to 
enforce penalties and liabilities already incurred under ex- 
isting laws. Approved March 12, 1884. 

An Act to authorize the boston young women's christian (JJiap. 77 

ASSOCIATION TO HOLD ADDITIONAL REAL AND PERSONAL ESTATE. 

Be it enacted, etc., as follows: 

Section 1. The Boston Young Women's Christian May hold 

1 T r^ 1 1 1 1 I ailf'it'onalreal 

Association is hereby authorized to hold real and personal and personal 
estate, for the purposes set forth in its charter, to an '"' ''^^' 
amount not exceeding four hundred thousand dollars 
in value. 

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

xipproved March 12, 1884. 

An Act to provide for the appointment of trustees by QJiap, 78 

CHURCHES OR RELIGIOUS SOCIETIES IN CERTAIN CASES. 

Be it enacted, etc., as follows: 

Section 1. Churches or religious societies may ap- Trustees may 

o . 1 1 11 be appointed by 

pomt trustees, not exceeding five in number, wtio snail chunhesaud 
with their successors be a body corporate, for the purposes boJiIum. 



58 ^ 188i. — Chapters 79, 80. 

mentioned in section one of chapter thirty-nine of the Pub- 
lic Statutes, and shall be subject to all of the provisions 
of said chapter applicable thereto, and any funds, held by 
the bodies corporate mentioned in the tirst and second 
sections of said chapter, may be transferred to said trus- 
tees to be held in trust in like manner by them. 

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

Approved March 12, 1884. 

CllCin. 79 ^^ ^^"^ '^^ ^^^ '^"'^ SALARY or THE SECRETARY OF TUE COMMON- 
WEALTH. 

Be it enacted^ etc., as follows: 
^"'^.7,,^ Section 1. The salary of the secretary of the Com- 

established. , , n -, i- n r- i n r •! 

monwealth from and alter the nrst day or January eigh- 
teen hundred and cight^'-four shall be three thousand dol- 
lars per annum, and at the same rate for any portion of a 
year. 

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

Approved March 12, 1884. 

Chap. 80 -^N ^^"^ "^0 AUTHORIZE THE TOWN OP QUINCY TO PAY CEKTAIN 

BOUNTIES. 

Be it enacted, etc., as follows: 
May pay Section 1. The towu of Quiucy is authorized, in the 

8oidiVrs\nd manncF provided in section two of this act, to raise by 
taxaUoT"'^^^ taxation a sum of money not exceeding twenty-five hun- 
dred dollars and appropriate the same to the payment of a 
bounty of one hundred and twenty-five dollars to each 
soldier or sailor who re-enlisted, between the first day of 
December eighteen hundred and sixty-three and the 
twcnlielh day of April eighteen hundred and sixty-four, 
in the quota of said town and served until the close of the 
late war or was honorably discharged during said period 
and has never received any bounty from said town : pro- 
Nottobe vidcd, that said town shall not be re-imbursed by the Com- 

reimbursed by >i/. -i i ,.\ • l c i.\ • 

the slate. monwcalth for any money paid under autnority ot this 

act. 
Subject to a SECTION 2. At any legal meeting of said town called 

vote of the town. ^^^ ^j^^ purposc, a votc may be taken on the question of 
raising such money and appropriating the same to the 
payment of such bounties. The check list shall be used 
at such meeting, and the polls shall be kept open at 
least four hours. 



1884. — Chapteks 81, 82. 59 

The vote shall be by sej)amte 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 or sailor who re-enlisted, between 
the first day of December eighteen hundred and sixty- 
three and the twentieth day of April eighteen hundred 
and sixty-four, in the quota of said town and served until 
the close of the late war or was honorably discharged y> 
during said period and has never received any bounty 
from said town, and raise the sum of twenty-five hundred 
dollars and appropriate the same to the payment of said 
bounties?" 

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

Approved March 13, 1884. 

An Act to authorize tiik town of east buidgewater to pay (JJidf)^ g1 

CERTAIN BOUNTIES. 

Be it enacted^ etc., as follows : 

Section 1. The town of East Brido:ewater is author- ^.f^y pay i^oun- 

• • tics to CBrliiin 

ized to raise by taxation a sum of money not exceeding soldiers. 
fourteen hundred dollars and appropriate the same to the 
payment of a bounty of one hundred and twenty-five dol- 
lars to each of the following soldiers: — James G. John- 
son, James C. Underwood, John Porter, Henry A. 
Osborne, Alfred Worthington, William H. French, George 
A. Edson, Elihu T. Ellis, John Sylvester, Charles Mc- 
Carter and James H. Sampson : provided, that said town Not to be re- 
shall not be re-imbursed by the Commonwealth for any coiumonweaith! 
money paid under authority of this act. 

Section 2. If any such soldier has died or shall die Bounty to be 
before he receives his bounty it shall be paid to his widow oi-'iieirsTf °^ 
or if he leaves no widow to his lawful heirs. soldier dies. 

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

Approve d^laj'ch 13, 1884. 



An Act to authorize the tom'^n of falmouth to purchase (JJicpn, 82 

THE LAWRENCE ACADEMY IN SAID TOWN. 

Be it enacted, etc. , as follows : 

Section 1. The town of Falmouth is hereby author- Town may buy 
ized to purchase all the property of the Lawrence Acad- L-nvrJnce" 
emy in said town, and to take and hold all property )u,7d\'i^^8ame 
held in trust by it, upon the same trusts upon which said '"•^'■"»** 
property is now held by said academy, and to that end, 
Avith the consent of said academy, may apply to the su- 



GO 



1884. — Chapters 83, 84. 



Chap. 83 

Corporators. 



Name and 
purpose. 



Powers and 
duties. 



May erect and 
maintaia market 
buildings. 



Capital stock 
and shares. 



Proviso. 



preme judicial court sitting in equity within and for the 
county of Barnstable to be appointed trustee in place of 
said academy. 

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

Approved March 13, 1884. 

An Act to incorporate the clinton market company. 

Be it enacted., etc., as follows: 

Section 1. George B. Wilbur, James C. Melvin, 
Thomas Nickerson, Edmund Quincy and John F. Hosmer, 
their associates and successors, are made a corpo- 
ration by the name of the Clinton Market Company, for 
the purpose of erecting and maintaining buildings for 
market and business purposes ; and said corporation shall 
be subject to the provisions of chapter one hundred and 
five and chapter one hundred and six of the Public Stat- 
utes, -and to all general corporation laws which now are or 
shall be in force, and for the purposes herein named, shall 
have the powers and be subject to the liabilities and re- 
strictions prescribed therein and shall have power to pur- 
chase, lease and hold in fee simple or otherwise all or any 
parts of that tract of land situated in Boston in this Com- 
monwealth, bounded southerly by South Market Street, 
easterly by Atlantic Avenue, northerly by Clinton Street 
and westerly by Mercantile Street. 

Section 2. The said corporation shall have power to 
erect and maintain market buildings and other buildings 
and structures on its land and otherwise improve the same, 
and to sell, lease, mortgage or otherwise dispose of its cor- 
porate property and any parts thereof. 

Section 3. The capital stock of said corporation shall 
not exceed one million dollars, divided into shares of one 
hundred dollars each -.provided, however, that no liability 
shall be incurred initil two hundred thousand dollars of 
the capital stock has been paid in in cash. 

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

Approved March 14, 1884. 



CllCiT) 84-^^ ^^"^ "^^ LEGALIZE THE DOINGS OF THE TOWN OF WAKEFIELD 
•^ * IN ACCEPTING A BEQUEST UNDER THE WILL OF CORNELIUS 

SWEETSER, AND IN RAISING MONEY TO PURCHASE AND BEAUTIFY 
A PUBLIC PARK IN SAID TOWN. 

Be it enacted, etc., as follows: 
Proceedings Section 1. That all votcs passcd and acts performed 



1884. — Chapter 85. 61 

by the town of Wakefield between the first day of April, relative to 
A. D. eighteen hundred seventy-one and the nrst day or for a public 
February, A. D. eighteen hundred eighty-four, for the ''""^ '''°" "^"^ * 
purpose of raising or hiring money to purchase land and 
beautify the same to be nscd as a public park by said 
town, and the vote of said town passed on the seventh day 
of May, A. D. eighteen hundred eighty-three, and all 
acts under the same accepting a bequest of ten thousand ^Jq^uJirX °^ 
dollars with the conditions thereto annexed under the will conu-iius 
or Cornelius oweetser, late or oaco in the state ot Maine, confirmed. 
deceased, and authorizing the treasurer of said town with 
the approval of the selectmen to hire the sum often thou- 
sand dollars to comply with said conditions and issue the 
notes of the town therefor in the sum of one thousand dol- 
lars each, payable one note in each year for the next ten 
years, are hereby ratified, confirmed and made valid. 
Section 2. This act shall take eflfect upon its passage. 

Approved March 14, 1884. 

An Act authorizing the new york and new engi.and rail- niifir) 85 

ROAD COMPANY TO MAKE CERTAIN APPLICATION OF THE PROCEEDS 
OF THE SALES OF ITS SECOND MORTGAGE BONDS, AND TO ISSUE 
PREFERRED STOCK. 

^e it enacted, etc., as follows : 

Section 1. The Ncav York and New England Rail- ^eL^of J'aks 
road Comiiany is hereby authorized, in addition to the <■">■ present or 

,. , I/"! 1 f -x future liabilities, 

existing authority, to use the proceeds or the sales or the or may use 
second mortgage bonds of said company, authorized by coi'iaterai 
chapter two hundred and forty of the acts of the year *'^'=""'y- 
eighteen hundred and eighty-two and not yet issued, for 
the purpose of paying any present or future liabilities of 
said company, or to use said second mortgage bonds as 
collateral security for money borrowed for that purpose. 

Secpion 2. Said railroad company is authorized, by May issue 

, /. .... i. i- -i i 1 I 1 1 \ pieferreil stock, 

vote or a majority in interest or its stockholders present not exceeding 
and voting at a meeting duly called for that pur- simres.''""*"'^ 
pose, to issue not exceeding fitfy thousand shares of 
preferred stock of the par value of one hundred dollars 
each, the holders of which shall be entitled to receive out 
of the net earnings of the company dividends of seven per 
cent, per annum, the same to be paid in semi annual in- 
stalments in such sums as the directors of said corporation 
may determine; and, if the net earnings of any year shall 
not be sufficient to pay said dividends, the same shall be 



62 



1884. — Chapter 85. 



To bepnidforin 
ca.<h, or in cash 
and conimou 
Block. 



Common 8tork 
taken in pay- 
ment to 1)U 
cancelled. 

Owners of 
preferred stock 
to have same 
rights of voting, 
etc., as ownera 
of common 
stock. 



Rights of 
second mort- 
gage bond- 
holders not to 
be impaired 
without their 
consent in 
writing. 



Con.sent of the 
Common wealth 
not implied. 



P. 8. 112, §§ 58, 
59, and 

r. 8. ICo, § 20, 
not to apply to 
preferred stock. 



Subject to 
acceptance 
at a meeting 
called within 
one year. 



cumulative and payable out of the net earnings of any 
subsequent year, but without interest; said dividends and 
accumulations to take priority over the dividends on all 
other stock of the company, until, in addition to said div- 
idends on said preferred stock, there shall be paid an equal 
dividend upon the common stock, after which any dividend 
declared by said company shall l)e divided equally between 
said preferred and common stock. 

Section 3. Said preferred stock may be paid for 
wholly in cash or by payment of fifty dollars in cash and 
two shares of the common stock of said company for each 
share of preferred stock. 

Section 4. Said common stock taken in payment for 
said preferred stock shall be immediately cancelled when 
received by said company. 

Section 5. Owners of said preferred stock shall have 
all the rights of voting and transfer which are or may be 
enjoyed by the owners of said common stock, and said 
preferred stock shall be counted wilh the common stock 
in all questions of majorities and quorums. 

Section (3. No legal or equitable right of any holder 
of any second mortgage bond heretofore issued under the 
authority of ch:q)ter two hundred and forty of the acts of the 
year eighteen hundred and eighty-two, shall be in any way 
affected or impaired by the provisions of this act or by the 
issue of any bonds hereafter to be issued under the same, 
imtil he shall have signified his consent to the provisions 
of this act by filing such consent in writing with the trus- 
tees under said mortgage, specifying therein the numbers 
and amounts of the bonds held by him, and by endorse- 
ment of such consent on said bonds. The consent of the 
Commonwealth as a holder of said bonds shall not be im- 
plied by the passage of this act, but may hereiifter be 
given by the treasurer of the Commonwealth, Avith the 
approval of the governor and council, when in their judg- 
ment the interests of the Commonwealth require it. 

Section 7. The provisions of sections fifty-eight and 
fifty-nine of chapter one hundred and twelve, and of sec- 
tion twenty of chapter one hundred and five of the Public 
Statutes, shall not apply to the shares of preferred stock 
which may be issued under this act. 

Section 8. This act shall take effect on its acceptance 
by the stockholders of said railroad company at a meeting 
called for that purpose, provided such meeting is called 



1884. — CiiAPTEKS 86, 87. 63 

within one year from the passage of this act, at which 
meeting said stockholders may also vote upon the question 
of issuing said preferred stoclc. Approved March 14, 1884. 

An Act to amend the charter of the city of chelsea re- (JJiQr)^ g(3 

LATING TO THE ELECTION OF ASSESSORS. 

Be it enacted, etc , as folloivs : 

Section 1. The assessors to be elected in the city of ^J'«^'ff,^°Jf, ["^"y 
Chelsea during the current year shall be elected to serve serve tinee 
one for one year, one for two years and one for three 
years, and until their successors are elected and qualiHed ; 
and thereaftei'the city council shall annually elect an as- 
sessor to serve for three years and until his successor shall 
be elected and qnalitied. Any vacancy occurring in the Vacancy. 
board of assessors may be tilled at any time, and the 
member so elected shall hold office only tor the unexpired 
term of the member who has ceased to hold office. 

Sectiox 2. All acts and parts of acts inconsistent Repeal. 
herewith are hereby repealed. 

Section 3. This act shall take effect upon its passage voi<i unieps 

,,,,,, . , , i 1 1 Ti -i -1 sicccpted within 

but shall become void unless accepted by the city council thirty days. 
of Chelsea within thirty days thereafter. 

Approved March 17, 1884. 

An Act to authorize the incorporation of the meigs ele- QJiqj)^ 87 
vated railway company. 

Be it enacted, etc., as folloivs : 

Section 1. Joe V. Meigs, William S. Butler, William Mcige Eiov,-.tcd 
A. Kussell, Roland Worthington, Thomas W. Pierce, company. 
Henry Hastings, Nathan Appleton, Franklin E. Gregory, 
Edgar E. Dean, George A. Alden, George E. Harrington, 
Frank Jones, J. W. Johnson, George J. Carney, Charles 
E. Powers, their associates and successors, may associate 
and become a corporation as the Meigs Elevated Railway 
Company in the manner provided by chapter one hundred 
and thirteen of the Public Statutes and acts in addition 
thereto, subject to all the duties, restrictions and liabilities 
contained therein, so far as the same can be applied there- 
to, except those parts referring to the "gauge" of the 
road, the amount of its capital stock, and the manner of 
paying in the same, for the purpose of building, maintain- 
inoj and operating an elevated railway between some point Between c.->ra. 

. ~ . ^ ~ . . . ' hridi^e and 

in the city of Cambridge and Bowdoin Square in the city Bowdoin 
of Boston. The location of said road across the Charles Boston.'" 



G-i 1884. — Chapter 87. 

Location of River shall Hot be south of the southerly line of West 

load. . '' 

Boston Bridge, and shall thence proceed in the most direct 
practicable route to Bowdoin Square in Boston, and there 
Proviso. terminate r^/'oy/cZecZ, however^ that the board of aldermen 

of the city of Boston may, for reasons of public necessity 
and convenience, to avoid unnecessary damage to property 
deflect the route from the most direct line. For the pur- 
pose of applying said provisions of said chapter one hun- 
dred and thirteen to the corporation hereby authorized, it 
shall be deemed a street railway corporation. 
Capital stock to Sectiox 2. The amouut of its Capital stock shall not 
$u"i")oofor '''" be less than one hundred thousand dollars for each mile of 
road.""'*' °*^ road. Not less than ten per cent, of said stock shall be 
paid in before a certificate of incorporation is issued, and 
the whole capital stock shall be paid in in cash before the 
construction of the road shall be commenced. 
Location of SECTION 3. Locatious foF tracks shall be petitioned 

gr'aniidor for bctwecu the points named in section one of this act, 
aMermen^of aiul after fourtccn days' notice, of which notice a copy 
WHtTo'rns'' shall be left with the owner or occupant of each estate on 
asked. the line of the proposed location, seven days before the 

hearing, a hearing shall be had before the board of alder- 
men of the city in which the location is asked, as provided 
in section seven of said chapter one hundred and thir- 
teen, and after such hearing the board of aldermen may 
refuse the location asked for, or grant the same, in whole 
or in part, under such restrictions as they shall deem the 
public interests require, and the board of aldermen of 
cither of said cities of Cambridge or Boston may, on 
Location may be like uolicc and hearing, revoke any location after the ex- 
onoytar^nd piratlou of ouc year from the granting of the same, if, in 
rlquTred'to be their judgment, the public interests so require, and in 
Txpunse^o^f case of such revocation may require the structures of the 
corporation. compauy to bc removed and the location to be restored to 
its original condition at the expense of the corporation, in 
the same manner and with like requirements as in the rev- 
ocation of locations for street railways under sections 
twenty-three, twenty-four, twenty-five and twenty-six of 
said chapter one hundred and thirteen. 
Location of SECTION 4. No locatiou for tracks shall be petitioned 

not to be °* °° for iu the city of Boston until at least one mile of the road 
SMtuone'^m'ire has bccu bullt and operated, nor until the safety and 
buiuretc.?an!f" Strength of the structure and the rolling stock and motive 
safety, etc., has powcr shall bavG been examined and approved by the 

been approved ^ i i ./ 



188i. — Chaptek 87. 65 

board of railroad commissioners or by a competent eno^i- by the railroad 
neer, to l)e appointed by them, and to be paid by said 
corporation a price fixed by said board. 

Section 5. The Meigs elevated railway shall not be Road to be bum 
built after the manner of the New York elevated railways, phuisle^^of 
but shall be l)uilt according to the plans, methods and "^"^ ^" ^'"^^• 
inventions of Joe V. Meigs, a copy of which shall be filed 
with the secretary of state within sixty days of the pas- 
sage of this act; and upon granting a location, the board 
of aldermen shall prescribe the height at which the lowest 
part of the girder shall be above the ground, and the 
width of the track, provided that its greatest width shall 
not exceed twenty-two and one-half inches. 

Section 6. The provisions of sections thirteen and Provisions of 

PS 113 §5 13 

fourteen of chapter one hundred and thirteen, and sections u; 112, §3s-4u, 
thirty-eight to forty inclusive, and sections forty-three to i882r265to 
forty-five inclusive, of chapter one hundred and twelve of *pp'^' 
the Public Statutes, and of chapter two hundred and sixty- 
five of the acts of eighteen hundred and eighty-two, shall 
api)ly to said corporation. The corporation may take, in May take land. 
the manner prescribed in sections ninety-one to ninety- 
three inclusive, of chapter one hundred and twelve of the 
Public Statutes, as much land as may be necessary for the 
proper construction and security of the road, or as may 
l)e necessary for depot and station purposes. 

Section 7. The owner of any property taken for such compensation 
railway, or of any property abutting on streets through 
which said railway may pass, not so taken, in any man- 
ner injuriously affected or lessened in value, whether by 
smoke, noise, obstruction of light, air or access, disturb- 
ance of quiet enjoyment or otherwise, by the construction, 
maintenance or operation of said railway, may petition for 
assessment of his damages, and his petition shall be heard 
and determined in the same manner and with like effect 
as now provided by law when real estate is taken for pub- 
lic highways. But said corporation shall not acquire title Title to land 
to any land, nor enter upon any street, until all damages qulr'ed'unm 
to the owners of land and abutters on any part of a street damages have 

J I been paid or 

occupied, or to be occupied, by its structure have been secured to the ; 

paid or secured in a manner satisfactory to the owner, or 

to be fixed by the superior court or any justice thereof, 

sitting in equity for the county where the land lies, upon 

the petition of either party and summary hearing. And 

the erection of the structures authorized by this act in any 



6G 1884. — Chapter 87. 

street shall be deemed a new servitude, for which damages 

may be claimed by any owner of land having a fee or an 

easement appendant or appurtenant to his land, in, on or 

cirimfng'^in^ter- over such Street, or by any tenant of such owner. But 

estsinsarae all Dersous claJmins: interests in the same estate shall ioiu 

estate to join m,'- .. ~ ..^, 

one petition. in ouc petition. And such petition for damages on any 
Petition to be street shall be filed before the expiration of one year after 

hied within one , i • -i i i • i -i i • 

year after the structures authorizcd by this act are built or operated m 

built. "'^'^'' ^"^^ that part of such street contiguous to the petitioner's estate. 
Damages to SECTION 8. The damages and costs recoverable by the 

become first lien ... ,. i-ii' it 

upon property, persous petitioning theretor, as herein before provided, 
axes, c c. gj^^^jj |)ecome and be a first lien without priority to any of 
said petitioners as among themselves, on all the property 
of the said corporation, having priority of payment in full, 
except over debts and taxes due to or assessed by the 
United States or the Commonwealth, or any county, city 
or town in the Commonwealth ; said lien may be enforced 

If certain dam- for damages and costs, in equity. If any damaores recov- 

ages are not .~ -i 11 

paid for thirty ercd agaiust Said corporation, other than damages recov- 
recovery.'^opera- ercd by owncrs of laiid and abutters on any part of a street 
be"e°/trai^ilHi"by occuplcd by auy structure of said corporation, or their 
superior court, tcnauts, as such owncrs, abutters or tenants, remain unpaid 
for thirty days after final judgment therefor, the superior 
court may, by injunction or other suitable process in 
equity, prohibit and restrain the corporation from continu- 
ing the operation of said road, or maintaining any struc- 
ture in any place or manner injurious to the person applying 
for such relief. 
^t?eets\°oVe^ SECTION 9. Whenever Said coTporation shall make any 

restored as soon excavatioii ill or near any public hio:hway, or shall set any 

as practicable. „ ,. . .• .1 ^1 n 

loundation, pier or post, in or near the same, the surtace 
of the street, sidewalk or other ground shall be restored, 
as soon as practicable, to the condition it was in before 
the excavation was made, as near as may be ; and no in- 
terference shall be had with, or change made in, water or 
subtnrr.inean gas maius or pipcs, scwcrs, draius or other subterranean 
i^tei^ferTd' with! works, cxccpt with the concurrence of the board of alder- 
currenc'I of ''°" mcu first had and obtained, and upon condition that the 
aldermen. Same shall bc immediately restored to a serviceable condi- 
tion, as good as before the change or disturbance, and at 
Superior court the solc cost aud cxpcnsc of Said corporation. And the 

may summarily supcrior coui't iu eouity may summarily enforce the pro- 
enforce pro- ,'■. /» 1 • . , . . . , . 

visions of this visious of this scctioH by iiijunction or other appropriate 
remedy. 



section. 



1884. — Chapters 88, 89. 67 

Section 10. The provisions of section three of chap- p. s. los, § 3,to 
ter one hundred and five of the Public Statutes shall apply "^^^" 
to the corporation hereby authorized. 

Section 11. This act shall take effect upon its passage. 

Approved March 18, 1884. 

A-s Act requiring notice to authorities of cities and towns QJinj) Qg 
UPON applications for commitment or admission to the 

MASSACHUSETTS SCHOOL FOR THE FEEBLE-MINDED. 

Be it enacted, etc , as foUoius : 

Section 1. Whoever applies for the commitment or Notice to be 
for the admission of a pupil or an idiot to the Massachu- 0^861 ecm^n^ of 
setts School for the Feeble- Minded, under the provisions plfpfi J^^sfdls, 
of chapter two hundred and thirty-nine of the acts of the when appiica- 
year eighteen hundred and eighty-three, shall first give madeforcom- 

»/ o o •/ ' ~ mitment 

notice in writing to the mayor, or one or more of the to school. 
selectmen of the place where the pupil or idiot resides, of 
his intention to make such application ; and satisfactory 
evidence that such notice has been given shall be produced 
to the judge in cases of commitment. 

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

Approved March 18, 1884. 



Chap. 89 



An Act to incorporate the trustees of Florence kinder- 
garten. 

Be it enacted, etc., as follows: 

Section 1. Arthur G. Hill, Emily K. Sheffield, corporators. 
Alfred T. Lilly, Elizabeth Powell Bond, Daniel W. Bond, 
Chiara C. Plimpton and Henry B. Haven, all of the town 
of Northampton, who were appointed trustees of the funds 
bequeathed by Samuel L. Hill, late of Northampton, de- 
ceased, and their successors in said trust, are hereby made 
a corporation by the name of the Trustees of Florence Kin- jjame and pur- 
dergarten, for the purpose of holding and managing said ^°^^- 
funds bequeathed to them by said will and other property 
real and personal not exceeding in all five hundred thou- 
sand dollars, for the purposes of the trust as set forth in 
said will, and with all the powers and privileges and Powers and 
subject to all the duties, restrictions and liabilities of 
the general laws relating to literary and charitable cor- 
porations. 

Section 2. Said corporation shall be managed by a to be managed 
board of trustees composed of said incorporators. I'rus'tee^s'!'^'^ °^ 



68 



1884. — Chaptees 90, 91. 



Vacancies. 



Chap. 90 



May borrow 
money for build- 
ing sewers and 
drains. 



May issue 
bonds. 



Sinking fund to 
be provided. 



To take effect 
upon acceptance 
within one year. 



Vacancies occurring in said board of trustees shall be filled 
by a majority vote of the remaining trustees. 

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

Approved March 18, 1884. 

An Act to authorize the city of lynn to borrow money 

FOR the purpose OF BUILDING DUAINS AND SEWERS. 

Be it enacted, etc., as follows : 

Section 1. The city of Lynn for the purpose of build- 
ing sewers and drains may raise by borrowing from time 
to time a sum of money not exceeding two hundred and 
fifty thousand dollars, and for this purpose may issue 
from time to time bonds, notes or scrip not exceeding 
said amount. Such bonds, notes and scrip shall bear on 
their face the words " City of Lynn Sewer Loan, act of 
1884," and shall be payable at the expiration of periods 
not exceeding twenty years from the date of issue, shall 
bear interest payable semi-annually at a rate not exceed- 
ing six per centum per annum, and shall be signed by the 
mayor and treasurer of said city. The said city may sell 
such securities at public or private sale or pledge the same 
for money borrowed for the purpose of building sewers 
or drains, upon such terms and conditions as it may deem 
proper. The said city 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 sufiicient 
with the accumulations thereof to pay the principal of said 
loan at maturity. The said sinking fund shall remain in- 
violate and pledged to the payment of said loan and shall 
be used for no other purpose, and said city shall raise 
annually by taxation a sum sufficient to pay the interest 
as it accrues on said bonds, notes and scrip. 

Section 2. This act shall take effect upon its acceptance 
by the city council within one yesiY from its passage. 

Approved March 18, 1884. 



Chaj). 91 



Hyde I'ark 
Water C.'ompany 
incorporated. 



An Act to incorporate the hyde park water company. 

Be it enacted, etc., as follows: 

Section 1. Waldo F. Ward, Robert Bleakie, John 
S. Bleakie, Benjamin F. Radford, C. F. Allen, Hobart 
M. Cable, William J. Stuart, Andrew Washburn, Isaac 
J. Brown, David Perkins, David C. Marr, A. H. Holway, 
S. C. Putnam, their associates and successors, are 



1884. — Chapter 91. 69 

hereby made a corporation by the name of the Hyde Park 
Water Company, for the purpose of supplying the inhabit- 
ants of the town of Hyde Park with water for domestic, 
manufacturing and other purposes, inchiding the extin- 
guishment ot tires, 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 hereafter 
be in force, so far as the same may be applicable to this 
corporation. 

Section 2. The said corporation, for the purposes May take water 
aforesaid, may take, hold and convey through said town mver. *'^''"*'^' 
of Hyde Park, or any part thereof, the waters of the 
Neponset Kiver or of any springs upon its water-shed 
within the territory bounded by a line drawn from the 
junction of Mother Brook and Neponset River southerly 
to the junction of Neponset Kiver and New York and New 
England Railroad, thonee following the said railroad 
southerly to the town line, thence easterly on said town 
line to Neponset River, thence down said river and west- 
erly following the town line to its junction with Williams 
Avenue, thence in a straight line to point of beginning ; 
and may take and hold, by purchase or otherwise, any 
real or personal estate, rights of way and easements nec- 
essary for holding and preserving such water and for con- 
veying the same to any part of said town ; and may erect 
on the land thus taken or held reservoirs, buildings, fix- 
tures and other structures, and may make excavations, 
procure and operate machinery; may construct and lay May construct 
down conduits, pipes and other works under or over any conduL aiT 
lands, water courses, railroads or public or private ways, ^^^^^' 
and along such ways in such manner as not unnecessarily 
to obstruct the same ; and may provide such other means 
and appliances and do such other things as may be nec- 
essary for the establishment and maintenance of complete 
and efficient water works. For the purpose of construct- 
ing, 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 Maydigup 
direction of the board of selectmen of the town may enter ways.''""* ^'^^' 
upon and dig up any such public ways in such manner as 
to cause the least hindrance to public travel thereon. 

Section 3. The said corporation shall, within sixty To have record- 
da^'s after the taking of any lands, rights of way, ease- deeds'^a^deecrip. 
meuts, water rights or sources as aforesaid, otherwise etc" tlken.'^'"^ 



70 



1884. — Chapter 91. 



Liability for 
damaguii. 



No asBesBment 
for damages 
until water is 
actually with- 
drawn. 



May regulate 
use of water and 
tlx and collect 
rates. 



Real estate and 
capital stock. 



May issue 
bonds. 



Corporations in 
Hyde Park may 
take stock. 



than by purchase, file and cause to be recorded in the reg- 
istry of deeds in Norfolk County a description thereof 
sufEciently 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 be liable to pay 
all damages sustained by any person or corporation in 
property by the taking of any land, right of way, water, 
water source or water right or easement or by any other 
thing done by said corporation under the authority of this 
act. Any person or corporation injured in property 
under this act, and failing to agree with said corporation 
as to the amount of damage sustained, may have the dam- 
ages assessed and determined in the manner provided by 
law when land is taken for the laying out of a highway, 
an application therefor to be made in writing within the 
period of three years from the taking of such land or 
other property or the doing of other injury under author- 
ity of this act, but no such application shall be made after 
the expiration of said three years. No assessment for 
damages shall be made for the taking of any water right, 
or for any injury thereto until the water is actually with- 
drawn or diverted by said corporation under authority of 
this act. 

Section 5. The said corporation may distribute the 
water through said town of H3'de Park ; may regulate the 
use of said water and fix and collect rates to be paid for 
the same ; may establish public fountains and hydrants and 
discontinue the same, and may make such contracts with the 
said town, or with any individual or corporation, to supply 
water for the extinguishing of fires, or for other pur- 
poses, as may be agreed upon by said town, individual or 
corporation, and said corporation. 

Section 6. The said corporation may for the purposes 
set forth in this act, hold real estate not exceeding in 
amount thirty thousand dollars ; and the whole capital stock 
of said corporation shall not exceed two hundred thousand 
dollars, to be divided into shares of one hundred 
dollars each. The said corporation may issue bonds 
to an amount not exceeding the amount of its capi- 
tal stock actually paid in and applied to the purposes of 
its incorporation, and may secure the same at any time by a 
mortgage of its franchise and property. Any manufac- 
turing or other corporation doing business in said town of 



1884. — Chaptee 91. 71 

Hyde Park may subscribe for and hold stock of said Hyde 
Park Water Company. 

Section 7. Whoever wilfully or Avantouly corrupts, p^'^-'ity for poi. 

J 111! liitins or divert- 

poUiites or diverts any of the waters taken or held under ingwater. 
this act, or injures any structure, work 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 as- 
sessed 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 five hun- 
dred dollars or by imprisonment in the county jail not 
exceeding one year. 

Section 8. The said town of Hyde Park shall have Town of Hyde 
the right at any time during the continuance of the charter any time p'ur- 
hereby granted, to purchase the franchise, corporate prop- ^l,ia'propenyf^ 
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 corpora- 
tion 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 judi- 
cial court, upon application of either party and notice to 
the other, whose award when accepted by said court shall 
be bindino; upon all parties. This authority to ])urchase subject to assent 

• T f 1 • 1 • ^1 t1- u ^ by the town bv 

said iranchise and property is granted on condition that a two-thirds 
the same is assented to by said town by a two-thirds vole ^''^''' 
of the voters present and voting thereon at any meeting 
called for that purpose. 

Section 9. The said town, for the purpose of paying uydeParij 
the cost of said franchise and corporate property and the 
necessary expenses and liabilities incurred under the pro- 
visions of this act, may issue from time to time bonds, 
notes or scrip to an amount not exceeding in the aggregate 
two hundred thousand dollars ; such bonds, notes and 
scrip shall bear on their face the words " Hyde 
Park 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 ex- 
ceeding six per centum per annum, and shall be signed 
by the treasurer of the town and counter^igned by the 
water commissioners hereinafter provided for. The said 
town may sell such securities at public or private sale, or 



72 188J:. — Chapter 91. 

pledge the same for money borrowed for the purposes of 
this act, upon such terms and conditions as it may deem 

sinkingfund to proper. The said town shall provide, at the time of con- 
eproMded. tractiug Said loan, for the establishment of a sinkingfund, 
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. 

To raise by tax- Section 10. The Said town shall raise annually by 

iition sufiicient . i>i -ii- i-t-i 

to pay current taxatioH a sum which. With the income derived trom the 
teVest on bond"! watcr ratcs, will be sufficient to p:iy 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. 
armmir/iorl-r SECTION 11. The sald town shall, aft«r its purchase of 
to be elected. Said fiauchise aud corporato propcitv as provided in this 
act, at a legal meeting called for the purpose, elect by 
ballot three persons to hold office, one until the expira- 
tion 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 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 
Commissioners j^g yotc. Thc Said commissioucrs shall be trustees of the 

to be trustees of. . i-i. i •• c • i 

the sinking siukiug luud herein providcd for, and a majority or said 
commissioners shall constitute a quorum for the transac- 
tion of business relative both to the water works and to 

Vacancy. the siukiug fuud. 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. 

Corporation SECTION 12. The Selectmen of Hvde Park upou appli- 

may be required ^ . <• , /. i i ^ \ • i j. 

to give security catiou ot thc owncr oi auy land, water or water rights 

oTdamifges?^^" takcu uudcr this act, shall 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 



1884. — Chapter 92. 73 

other property so taken ; but previous to requiring such 
security the said selectmen shall, if application therefor is 
made by either party, make an estimate of the damages 
which may result from such taking, and the said select- 
men shall in like manner require further security, if at any 
time the security before required appears to them to have 
become insufEcient ; and all the right or authority of said 
corporation to enter upon or use such land or other prop- 
erty, except for making surveys or tests of the soil, shall 
be su.-pended until it gives the security as required. 

Section 13. The said corporation may at any time corporation 
durmg the continuance of this charter contract with the with ^th" '^'^^ 
Dedham Water Company or the Sharon Water Company si'aroTcom. 
for a supply of water on terms to be mutually agreed upon Pu"'*]^ ^Twater 
between the parties so (ontracting, and may make such 
connections of its conduits or pipes with those of the con- 
tracting corporation as may be necessary for the purpose, 
and said Dedham Water Company and said Sharon Water 
Company are authorized to make such contracts and con- 
nections and to furnish water to the Hyde Park Water 
Company for the purposes aforesaid from any source from 
which they are authorized to take water under their origi- 
nal charters. 

Section 14. This act shall take effect upon its passage, void unless 
but shall become void unless work is commenced under mencJd within 
it within one year from the date of its passage. one year. 

Approved March 18, 1884. 

An Act to enable the newton theological institution to njinj^ 92 

HOLD additional PROPERTY. 

Be it enacted, etc., asfolloivs: 

Section 1. The Newton Theological Institution, a May hoid addi- 
corporation under the laws of this Commonwealth, is here- ^^°"^ proper y. 
by authorized to hold, in addition to the amount of prop- 
erty it is authorized to hold in chapter ninety-six of the 
acts of eighteen htmdred and twenty-six, a further amount 
of property, not exceeding in all eight hundred thousand 
dollars, of which not more than two hundred thousand 
dollars shall be in real estate. 

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

Approved March 18, 1884. 



74: 1884. — Chapters 93, 94, 95. 

(JJlClT). 93 ^^ ^^"^ "^^ AUTHORIZE THE TOWN OF BELCHERTOWN TO COMPLY 
WITH THE PROVISIONS OF THE WILL OF CALVIN BRIDGEMAN, AND 
TO LEGALIZE THE ACTION OF SAID TOAVN ACCEPTING THE BEQUEST 
CONTAINED IN SAID WILL 

Be it enacted, etc., as follows : 

Acceptance of Section 1. The acceptauce by the town of Belcher- 
bequest in will ,. , , ^ . ^, ^ ,,, f /-, y • n • T y 1 

of Calvin town ot the bequest in the will oi Calvin Bridgeman, late 

raViflld"^" of Said Belchcrtown, is hereby ratified, confirmed and 
made valid, and said town is hereby authorized to perforin 
the conditions of said bequest relating to the care and 
preservation of certain monuments and cemetery lots 
described therein. 

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

Approved March 18, 1884. 

Chan 94 "^^ ^^^ ^^ confirm certain acts OF THE UNION CONGREGATIONAL 

SOCIETY IN NORTH BROOKFIELD. 

Be it enacted, etc., as follows : 
Acts of the Section 1. The procecdinofs of the meetings of the 

society ratinea. i o '^ 

Union Congregational Society in North Brookfield, a cor- 
poration duly organized on the twenty-ninth day of 
October in the year eighteen hundred and fifty-three, shall 
not be invalid because the annual meetings of said society 
have been held during the month of March, nor because 
only two persons have been heretofore chosen assessors of 
said society. 

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

Approved March 18, 1884. 

ChClT). 95 ^^ ^^"^ ^^ RELATION TO THE SALARY OF THE ENGINEER OF THE 

STATE PRISON AT CONCORD. 

Be it enacted, etc., as follows: 

Salary estab- SECTION 1. The engineer of the statc prison at Con- 

cord shall receive such salary, not exceeding fifteen hun- 
dred dollars a year, as shall be fixed by the warden of 
said prison, subject to the approval of the commissioners 
of prisons. 

R-epeai. SECTION 2. So much of chapter two hundred and 

three of the acts of the year one thousand eight hundred 
and eighty-two as is inconsistent herewith is hereby re- 
pealed. 

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

Approved March 18, 1884. 



1884. — Chapter 96. 75 



An Act to authokize fire district number one of the town (J]iap^ 96 
OF attlebohough to purchase the property and franchise 

of the ATTLEBOROUGH "WATER DISTRICT IN SAID ATTLEBOROUGH, 
AND FOR OTHER PURPOSES. 

Be it enacted^ etc., as follows : 

Section 1, The fire district number one of the town Fire District 

.,, 1.1 1 I'lj 1 1111 Number One 

or Attleborough is hereby authorized to purchase and noltl may purchase 
the franchise and corporate property and all the rights prnp^t^ o" the 
and privileges on condition of assuming all the debts, ob- water'iMstri'ct. 
ligations and liabilities of the Attleborough water supply 
district of said Attleborough, at a price which may be 
mutually agreed upon between said districts ; and the said 
water supply district may sell and convey the same to said 
fire district. In case said districts are unable to agree, 
then the compensation to be paid shall be determined by 
three commissioners to be appointed by the supreme judi- 
cial court, upon applicatioi^ of either party and notice to 
the other, whose award when accepted by said court shall 
be binding upon all ijarties. This authority to purchase subject to 

T ^ '^ .-,,.'■. . -, i-ii ii assent by a two- 

and convey said iranchise and property is granted on the thinisvoteof 
condition that the same is assented to by said districts, by each district. 
a two-thirds vote of each district of the voters present and 
voting thereon at a meeting duly called for that purpose 
within two years from the passage of this act. 

Section 2. Said tire district upon having purchased coluinue'body 
said property and franchise and assumed all the debts, corporate with 

. "^ . "^ . . . , , T . "" powers and 

obligations and liabilities of said water supply district, duties of water 
shall be and continue a body corporate in addition to its ^"^^^ 
present powers, with all the powers, rights and privileges 
and subject to all the duties, obligations and liabilities of 
said water supply district in the manner provided in chapter 
two hundred and seventy-one of the acts of the year eight- 
een hundred and seventy-three, chapter one hundred and 
one of the acts of the year eighteen hundred and seventy- 
four and chapter ninety-nine of the acts of the year eight- 
een hundred and seventy-seven, unless otherwise pro- 
vided or inconsistent herewith, and subject also to any 
gereral laws, which have been or may hereafter be en- 
acted, applicable to such corporations. 

Section '6. Said tire district at a meeting duly called f/io^^e wlter° 
for that purpose shall choose by ballot a l)oard of water commissioners. 
commissioners, which shall have in charge the construction 
and maintenance of the works of the water supply depart- 



76 



1884 — Chapter 97. 



Resristrar and 
sinking fund 
Commissioners. 



Officers to make 
annual reports. 



Vacancies. 



Attleborough 
Fire District 
Number One 
Bonds, not to 
exceed $50,000. 



May supply 
water through- 
out the town. 



ment and shall expend, for the purposes prescribed by the 
district, the money so raised for the water department. 
Said board of water commissioners shall consist of three 
members, one of whom shall be elected for one year, one 
for two years, and one for three years, and thereafter at 
each annual meeting, one water commissioner for three 
years. A registrar and, as their terms of office expire, 
sinking fund commissioners, shall be elected, in the man- 
ner now provided in said acts, at a meeting of said tire 
district duly called for that purpose. The treasurer shall 
receive all sums of money belonging to the district and shall 
pay over and account for the same, according to its order, to 
the order of the water commissioners, or to the order of the 
prudential committee of said fire district. The water com- 
missioners and all other officers, in the manner now provided 
by said acts, shall annually make a full report in writing 
of their doings and expenditures. Any vacancy in either 
of these oflBces may be filled at a regular meeting of the 
voters of said district called for that purpose. 

Section 4. Said fire distiict may issue bonds, signed 
by the treasurer of said district and countersigned by the 
water commissioners, to be denominated " Attleborough 
Fire District Number One Bonds," to an amount not to 
exceed fifty thousand dollars, bearing interest payable 
semi-annually, at a rate not exceeding six per centum per 
annum, in addition to the bonds already issued by said 
water supply district, the principal payable at periods of 
not more than thirty years from the date of issue. Said 
district may sell said bonds at public or private sale upon 
such terms and conditions as it may deem proper ; and 
may annually raise money by taxation in the manner and 
for the purposes now provided by said acts. 

Section 5. Said fire district may sell, convey and 
supply water to corporations and persons outside the 
limits of the district and within the limits of the town. 

Section 6. This act shall take effect upon its passage. 

Approved March 21, 1884. 



ClldV' 97 ^^ ^^^ ^^ INCORPORATE THE GRANITE SAVINGS BANK IN THE 

TOWN OF ROCKPORT. 

Be it enacted, etc., as follows : 
Granite Savings SECTION 1. William E. Wiusor, Johu L. Woodfull, 
port incorpo- " Johu W. Marshall, George Elwell, George M. McClean, 
rated. Nathaniel Richardson, Jr., Francis Tarr, Frank Scripture, 



1884. — Chapter 98. 77 

William H. Colby, George A. Lowe, their associates and 
successors, are hereby made a corporation by the name 
of the Granite Savings Bank, to be located in the town of 
Rockport ; with all the powers and privileges and subject Powers and 
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. 

Apjyroved March 21, 18S4. 

An Act concerning contagious diseases. Qliaj). 98 

Be it enacted 1 etc., asfollovos: 

Section 1. When a householder knows that a person Householders 
within his family is sick of small pox, diphtheria, scarlet men?etc.fof" 
fever or any other disease dangerous to the public health, ouTtothe'pubiic 
he shall immediately give notice thereof to the selectmen ''""''h. 
or board of health of the town in which he dwells, and 
upon the death, recovery or removal of such person, the 
rooms occupied and the articles used by him shall be disin- 
fected by such householder in a manner approved by the 
board of health. Any person neglecting or refusing to penalty. 
comply with either of the above provisions shall forfeit a 
sum not exceeding one hundred dollars. 

Section 2. When a physician knows that a person physicians to 
whom he is called to visit is infected with small pox, health ,^etc!fo°f 
diphtheria, scarlet fever or any other disease dangerous to ouHiseaie?^*''^ 
the public health, he shall immediately give notice thereof 
to the selectmen or board of health of the town ; and if he penalty. 
refuses or neglects to give such notice he shall forfeit for 
each offence not less than fifty nor more than two hundred 
dollars. 

Section 3. The boards of health in the several cities Board of health 
and towns shall cause a record to be kept of all reports of reporTs''"'^ 
received in pursuance of the preceding sections and such '''"=®'^'^'^- 
record shall contain the names of all persons who are sick, 
the localities in which they live, the diseases with which 
they are affected, together with the date and the names of 
the persons reporting any such cases. The boards of 
health shall give the school committee immediate informa- 
tion of all cases of contagious diseases reported to them 
according to the provisions of this act. 

Section 4. The secretary of the Commonwealth shall f'^cretaryto 

/• •!! 1 1 r ^ 11-11I11 t p 1 furninh blank 

turnish the boards oi health with blank books for the rec- books for the 
ord of cases of contagious diseases as above provided. ^^'^'^^ ' 



78 1884 — Chapters 99, 100, 101. 

^<^vea.\. Section 5. Sections seventy-eight and seventy-nine 

of chapter eight}^ of the Public Statutes are hereby repealed. 

Approved March 21, 1884. 

Chop. 99 -^^ -'^CT TO PUOHIBIT THE EXHIBITION OF DEFORMITIES FOR HIRE. 

Be it enacted, etc., as follows : 

dc^fomiiies"^ Section 1. No deformed person who is a minor or 

prohibited. insane, and no person who has an appearance of deformity 

produced by artificial means, shall be exhibited for hire. 
Penalty. SECTION 2. Any pcrsou violating any of the pi'ovisious 

of this act shall be punished by fine not exceeding five 
hundred dollars. Approved March 21, 1884. 

(Jh(ip.\00 ^'^ ^^"^ TO AUTHORIZE THE TOWN OF IPSWICH TO RAISE MONEY 
TO CELEBRATE THE TWO HUNDRED AND FIFTIETH ANNIVERSARY 
OF ITS IN(;ORPORATION. 

Be it enacted, etc. , as follows : 
May raise SECTION 1. The towu of Ipswich may at its annual 

money to • i I i ■% r 

celebrate mcetmg held in March or April of the present year raise 

anniversary of 14. .• •. n .\ t 

incorporation, by tftxatiou or appropriate a sum ot money not exceednig 
one thousand dollars for the purpose of celebrating the two 
hundred and fiftieth anniversary of its incorporation. 
Section 2. This act shall take eff*ect upon its passage. 

Approved March 21, 1884. 

Ch(ip.\0\ ^^ ^^"^ "^^ AUTHORIZE THE CITY OF MALDEN TO ISSUE ADDITIONAL 

WATER FUND BONDS. 

Be it enacted, etc., asfolloivs: 
May issue SECTION 1. The clty of Maiden, for the purposcs mcn- 

additional water . , , . -, . f i iii 

fund bonds. tioncd w the third section oi chapter one hundred and 
sixty of the acts of the year eighteen hundred and seventy, 
may issue water fund bonds to an amount not exceeding 
fifty thousand dollars, in addition to the amount author- 
ized by said third section and by chapter one hundred and 
sixteen of the acts of the year eighteen hundred and sev- 
enty-two, and chapter two hundred and twenty-three of 
the acts of the year eighteen hundred and seventy-six, 
upon like terms and conditions, and with like powers iu 
all respects as are provided in said chapter one hundred 
and sixty of the acts of the year eighteen hundred and 
seventy for the issue of water fund bonds of said town. 
Section 2. This act shall take effect upon its passage. 

Approved March 21, 1884. 



1884. — Chapters 102, 103. 79 

An Act to authorize the town of south abington to make Chap.102 

AN ADDITIONAL WATER LOAN. 

Be it enacted, etc., as follows: 

Sectiox 1. The town of South Abington for the pur- south AWngton 

111! Water Loan. 

poses mentionecl in section five of chapter one hundred and 
titty-two of the acts of the year eighteen hundred and 
eighty-three, may issue notes, bonds or scrip to be de- 
nominated on the face thereof " South Abington Water 
Loan," to an amount not exceeding fifty 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 terras and con- 
ditions and with the same powers as are provided in the said 
act for the issue of the " South Abington Water Loan : " 
provided, that the whole amount of such notes, bonds or Not to exceed 

^ . . , , . , , .1^1 I . I- 8100,000. 

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 thousand 
dollars. 

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

Approved March 21, 1S84. 

An Act to provide for the furnishing of free text-books (JJiav.XO^ 

AND SCHOOL supplies TO THE PUPILS OF THE PUBLIC SCHOOLS. 

Be it enacted, etc., as follows: 

Section 1. The school committee of every city and Text-books etc , 

. -^ "^ to be loaned to 

town shall purchase, at the expense of such city or town, pupiis in public 
text-books and other school supplies used in the public charge. 
schools ; and said text-books and supplies shall be loaned 
to the pupils of said public schools free of charge, subject 
to such rules and regulations as to care and custody as the 
school committee may prescribe. 

Section 2. Pupils supplied with text-books at the Pupiis supplied 
time of the passage of this act shall not be supplied with nwiedwith" 
similar books by the committee until needed. needed""^'' 

Section 3. This act shall take effect upon the first day To take effect 
of August eighteen hundred and eighty-four. - "g- . 

Approved March 22, 1884. 



80 



1884 — Chapters 104, 105. 



Chap. 



104 An Act to authorize the boston and Albany railkoad com- 
pany TO TAKE LAND AND BUILD A BRANCH OF ITS ROAD 
THROUGH THE CITY OF NEWTON. 



May build a 
branch of its 
road through 
the citv of 
Newton. 



To take effect 
upon accept- 
ance. 



Be it enacted^ etc., as follows: 

Section 1. The Boston and Albany Railroad Company 
may in accordance with the provisions of chapter one hun- 
dred and twelve of the Public Statutes, and without 
additional capital stock, take land for and build a branch of 
its road from a point on the main line thereof near the 
station thereon at Rivcrtside in the city of Newton, to and 
connecting with the Newton Highlands branch, so called, 
of its road, at any point thereon westerly of Boylston 
Street crossing thereof in said Newton. 

Section 2. This act shall take eftect upon its acceptance 
by the directors of the Boston and Albany Raiboad Com- 
pany. Ajijyi'oved March 25, 1884. 



Chan 105 ^^ ^^^ ^^ authorize the town of brookline to issue ad- 
ditional WATER SCRIP. 



Brookline 
Water Scrip. 



Whole amount 
not to exceed 
$700,000. 



Subject to 
acceptance by a 
two-thirds vote. 



Bp, it enacted., etc., as folloivs : 

Section 1. The town of Brookline, for the purpose 
mentioned in section five of chapter three hundred and 
forty-three of the acts of the year eighteen hundred and 
seventy-two, may issue notes, scrip or certificates of debt, 
to be denomiuated on the face thereof *' Brookline Water 
Scrip," to an amount not exceeding one hundred thousand 
dollars in addition to the sum which said town is now 
authorized to issue, to be issued upon the same terms and 
conditions, and with the same powers, as are granted in 
said chapter ijjrovided, that the whole amountof such notes, 
scrip or certificates of debt issued by said town for the 
purpose before mentioned shall not in any event exceed the 
sum of seven hundred thousand dollars. 

Section 2. This act shall take effect upon its passage, 
but shall become void unless accepted by two-thirds of the 
voters of said town present and voting thereon at a legal 
town meeting called for that purpose within two years 
from the time of the passage of this act. 

Approved March 26, 1884. 



18S4.— Chapter 100. 81 

An Act to incorporate the iiolliston water company. Ch(l7).\0G 
Be it enacted, etc., as follows: 

Section 1. John D. Shippee, Moses Joy, Jr., «Tohn Hoiiiston water 
P. Daniels, Zephaniah Talbot, Charles E. Spriuf;:, their i,,coVponite<i. 
associates and successors, are hereby made a corporation 
by the name of the Hoiiiston Water Company, for the 
purpose of furnishin'g the inhabitants of Hoiiiston with ifay supply 
pure water for the extinguishment of tires and for domestic wat.r. 
and other purposes, with all the powers and privileges, 
and subject to all the duties, restrictions and liabilities set 
forth in the general laws which now are or may hereafter 
be in force regulating such corporations. 

Section 2. Said corporation may take, hold and con- ^aytakp the 
vey through the town of Hoiiiston, or any part thereof, springs or 
the water, so tar as may be necessary tor the purpose, ot Hoiiiston. 
any spring or springs or of any stream or streams within 
said town of Hoiiiston, and may take and hold by purchase 
or otherwise any real estate necessary for the preservation 
and purity of the same, or for forming any dams or reser- 
voirs to hold the same, and for laying and maintaining 
aqueducts and pipes for distributing the water so taken 
and held ; and may lay its water pipes through any private May lay pipes 
lauds with the right to enter upon the same and dig therein lami"^ ^"^'' *^ 
for the purpose of making all necessary repairs or service 
connections ; and for the purposes aforesaid may carry its 
pipes under or over any water-course, street, railroad, 
highway or other way, in such manner as not unnecessarily 
to obstruct the same ; and may under the direction of the May dig up 

,■1^,. , TT T roads under the 

board ot selectmen enter upon and dig up any road or direction of the 
other way for the purpose of laying or repairing its aqtie- *'^'*''=^'"''" 
ducts, pipes or other works ; and in general may do any 
other acts and things convenient or proper for carrying 
out the purposes of this act. 

Section 3. Said corporation shall, within sixty days a description 
after the taking of any land or water rights under the pro- taken^tobe tiu'd 
visions of this act, file in the registry of deeds for the o" d'Jeds^wuhin 
southern district of the county of Middlesex a description "xtydays. 
of any land or water rights so taken sufficiently accurate 
for identification, with a statement of the purposes for 
which it is so taken, and the title of the land or water 
rights so taken shall vest in said corporation. Any person 
or corporation injured in any way by any acts of said cor- 
poration, and failing to agree with said corporation as to 



82 1884. — Chaptek TOG. 

the amount of damages, may have the same asesssed and 

determhied in the manner provided when land is taken for 

highways ; but no application shall be made to the county 

commissioners for the assessment of damaj^es for the taking 

of water rights until the water is actually taken and diverted 

Application not by Said coj-poration. Any person whose water rights are 

damngesunm thus takou or afiocted may apply as aforesaid within three 

tlke'ii.'*"'''"''"^ years from the time the water is actually withdrawn or 

suitnottobe diverted, and not thereafter; and no suit for injury done 

tiirelyears!"^ luidcr this act shall be brought after three years from the 

date of the alleged receipt of injury. 
Mayfixnnd SECTION 4. Said cor})orati()n may distribute the watcr 

ratet! ^" through Said Holliston, msiy establish and fix from time to 
time the rates for the us'i of said water, and collect the 
Maypiippiy same; and niM}"" make such contracts with the town of 
TowretJ.*''^ HoUiston, or any tire district that may hereafter be estab- 
lished therein, or with individuals or corporations, to 
supply water for fire or for other purposes, as may be 
agreed upon by said town or fire district or individuals or 
corporations, and said corporation. 
Real estate and SECTION 5. Said Corporation , for the pui'poses sct foi'th 
capita 8toc . .^^ ^j^.^ _^^^^ ^^^^ j^^^j^ ^^^^1 estate not exceeding in amount 

thirty thousand dollars ; and the whole capital stock shall 
not exceed fitt}' thousand dollars, to be divided into shares 
of fifty dollars each. 
Penalty for Section 6. If auy pci'sou shall use any of said water 

diverting water , i xl • x ' -.i . xi i i- • i 

or rendering it takcu uudcr this act without the consent ot said corj)ora- 
impure. tiou, or shall wantonly or maliciously divert the water or 

any part thereof so taken, or corrupt the same, or render it 
impure, or destroy or injure any dam or aqueduct, pipe, 
conduit, hydrant, machinery, or other works or property 
held, owned or used by said corpoiation, under the author- 
ity of and for the purposes of this act, he shall forfeit and 
pay to said corporation three times the amount of damages 
assessed therefor, to be recovered in an action of tort ; and 
on conviction of either of the wanton or malicious acts 
aforesaid may be punished by a fine not exceeding three 
hundred dollars or by imprisonment in jail not exceeding 
one year. 
May purchase SECTION 7. Said corpoi'atiou may purchase from the 
noVln'usJr owner or owners ot any aqueduct now used in furnishing 
water to the inhabitants of said town of Holliston,his or 
their whole water right, estate, property and privileges, 
and by such purchase shall become entitled to all the rights 



1884. — Chapter 106. 83 

and privileges, and subject to all the liabilties and duties, 
appertaining and belonging to such owner or owners. 

Section b. The HoUiston Water Company may issue May issue bonds 

,-, , , i-i. 1 311(1 secure same 

bonds, and secure the same by a mortgage on its works, bymongage. 
structures, equipments, franchise and other property, real 
or personal, to an amount which shall not exceed the cap- 
ital stock of said con)pany actually paid in and applied to 
the construction or completion of said HoUiston Water 
Company's works. 

Section 9. The town of HoUiston shall have the right, '^°JJ^^^l^^. 
at any time during the continuance of the charter hereby poraie property 
granted, to purchase the corporate property and all the company, 
rights and privileges of said company at a price which may 
be mutually agreed upon between said corporation and the 
said town of HoUiston ; and the said corporation is author- 
ized to make sale of the same to said town. In case said Jj^ff ^ee """" 
corporation and said town are unable to agree, then the compensation to 

. ,■• 'iiiii -I A 'Jixi bedetermined 

compensation to be paid shall be determined by three com- bycommis- 
missioners, to be appointed by the supreme judicial court appo"tedby 
upon application of either party and notice to the other, "le court. 
"whose award when accepted by said court shall be binding 
upon both parties. And this authority to purchase said subject to 

^ •■ . 1 1 • • ii 1 awHcnt by a two- 

franchise and property is granted on condition that the thirds vote. 
same is assented to by said town by a two-thirds vote of 
the voters present and voting thereon at a meeting called 
for that purpose. 

Section 10. This act shall be null and void unless said worktobecom. 

. , menced withm 

corporation shall within three years Irom the passage there- three years. 
of avail itself of its provisions and commence a prosecu- 
tion of the work herein authorized. 

Section 11. The owners of lands and water rights security to be 
taken under this act, upon application by either party for pa^menJof 
an estimate of damages, may require said corporation to re^S.''^ 
give security, satisfactory to the board of selectmen of said 
town, for the payment of all damages and costs which may 
be awarded to them for the land or other property taken. 
And if upon petition of the owner with notice to the 
adverse party, the security appears to the selectmen of said 
town to have become insuilicient, they shall require said 
corporation to give further security to their satisfaction, 
and all the right or authority of the corporation to enter 
upon or use said land and other property, except for mak- 
ing surveys, shall be suspended until it gives the security 
required. 



84 



1884 — Chapter 107. 



iSuiiderland 
Water 
Company 
incorporated 



May supply 
Sunderland 
with water. 



May take the 
water of Saw 



Section 12. This act shall take effect upon its passage. 

Approved March 26, 1884. 

(JJlCin.107 ^^ -^CT TO INCORPORATE TUE SUNDERLAND WATER COMPANY. 

Be it enacted, etc., as follows : 

Section 1. Joel Burt, N. Austin Smith and Austin 
D. Smith, their associates and successors, are hereby made 
a corporation by the name of the Sunderland Water 
Company, for the purpose of furnishing the inhabitants of 
Sunderland with pure water for the extinguishment of 
fires and for domestic and other purposes, with all the 
powers and privileges, and subject to all the duties, re- 
strictions and liabilities, set forth in the general laws which 
now are or hereafter may be in force regulating such cor- 
porations. 

Section 2. The said corporation for the purposes 

Mill Brook, etc. afoi'csaid may take by purchase or otherwise, hold and 
convey through the town of Sunderland the water of "Saw- 
Mill Brook," so called, in said town, and the waters which 
flow into the same, and may take and hold by purchase 
or otherwise the water rights connected with 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 ; and 

May erect daniB ixiay 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 meaus and appliances as may be necessary for 
the establishment and maintenance 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 other public or private ways, 
and along any such ways in such manner as not uneces- 
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, 

htiids aid ways, 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. 

A description of SECTION 3. The Said corporation shall, within sixty 

laniis etc., taken /• i t • i /• 

to be recorded davs aftcr the takiuor of any lands, rights ot way, water 

in the registry . •', , => *' x /■ • i .1 ^i 

of deeds. rights, water-sources or easements asaioresaid, other tnan 



structures. 



May lay down 
eoiiduits and 



pipes. 



May dig up 



1884.— Chapter 107. 85 

by purchase, file and cause to be recorded in the registry 
of dieeds for the county of Franklin, 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- Liawntyfor 
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 cor- 
poration 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 dam- 
ages sustained, may have the damages assessed and deter- 
mined 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 
laud 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- Application for 
tion for assessment of damages shall be made for the taking brma'de\"mi[° 
of any water, water right, or for any injury thereto, until ^i'vened?°'^"'*"^ 
the water is actually withdrawn or diverted by said cor- 
poration under the authority of this act. 

Section 5. Said corporation may distribute the water May fix and 
through said town of Sunderland; may establish and fix ratLs!"^"^'"^ 
from time to time the rates for the use of said water, and 
collect the same; and may make such contracts with the May supply 
said town or any fire district that is or may be hereafter Zwl^eV!^'^ 
establit^hed therein, or with any individual or corporation, 
to supply water for the extinguishing of fire or for other 
jiurposes, as may be agreed upon by said town, such fire 
district, individual or corporation, and said corporation. 

Section 6. The said corporation may, for the purposes Reai estate and 
set forth in this act, hold real fstate not exceeding in ^'P't^'^^^^k. 
amount ten thousand dollars, and the whole capital stock 
of si^id corporation shall not exceed one hundred thousand 
dollars, to be divided into shares of one hundred dollars 
each. 

Section 7. Whoever wilfully or wantonly corrupts. Penalty for 
pollutes or diverts any of the waters taken or held under poiuuinsor 
this act, or injures any structure, work or other property, d'™rting water. 
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- 



86 



1884. — Chapter 107. 



The town or 
any Are 
district therein 
may purehate 
the corporate 
rights and 
property of the 
company. 



If parties cannot 
agree, price to 
be det(-rniined 
by commis- 
eioiurs 
appointed by 
the court. 



Purchase etib- 
ject to assent by 
a two-thirds 
vote. 



Security to 
be given for 
payment of 
damages, if 
required. 



Work to be 
coraraenced 
■within three 
years. 



ages assessed therefor, to be recovered in an action of 
tort; and upon conviction of eitlier 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 town of Sunderland, or any fire 
district that may be established therein, shall have the 
right, at any time dui'ing 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 cor- 
poration and the said town or fire district ; and the said 
corporation is authorized to make sale of the same to said 
town or fire district. In case said corporation and said 
town or fire district are unable to agree, then the com- 
pensation to be paid shall be determined by three com- 
missioners, to be appointed by the supreme judicial court 
upon application of either party and notice to the other, 
whose award, when accepted by said court, shall be bind- 
ing upon all parties. This authority to purchase said 
franchise and proi)erty is granted on condition that the 
same is assented to by saitl town or fire district by a two- 
thirds vote of the voters present and voting thereon at a 
legal meeting called for that purpose. 

Section 9. The selectmen of said town upon jipplica- 
tion of the owner of any land, water or water rights 
taken under this act, shall 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 said selectmen shall, if a])plication therefor is 
made by either party, make an estimate of the damages 
which may result from such taking, and the said selectmen 
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 cor- 
poration to enter upon or use such land or other property, 
except for making surveys or tests of the soil, shall be 
suspended until it gives the security as required. 

Section 10. This act shall take effect upon its passage, 
but shall become null and void unless work is commenced 
under it within three years from the date of its passage. 

Approved March 26, 1884. 



1884. — Chapter 108. 87 



An Act to incokpouate the lancasteu abater company. C/idV^^OS 
Be it enacted, etc., as follows: 

Section 1. William H. McNeil, Geoi-oje A. Barker, Lancaster 
Eugene V, R. Thayer, Williard Kussell, John T. Langford, company 
Spencer R. Merrick and D. F. Smith, and their associates '"'=°'P"''^'«' • 
and successors, are herel)y made a corporation by the 
name of the Lancaster Water Company, for the purpose 
of furnishing the inhabitants of the town of Lancaster with Mayfumish 
water for the extinguishment of fires and for domestic ^-ater.*''^'^ "^^"^ 
and other purposes ; with all the powers and privileges 
and subject to all the duties, restrictions and liabilities set 
torth 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 Maytakewaters 
aforesaid may take by purchase or otherwise, and hold pond lands, 
the waters of " Spectacle Pond," so called, in the town '^*f '« o'' ^^y^ 
of Lancaster, and the waters which flow into and from 
the same 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 May erect dams 

dc • , 1 , i f ^- 1 i. J and other 

for conveying the same to any part or said town ; and snuciurcs. 

may erect on the land thus taken or held proper dams, 
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 estab- 
lishment and maintenance of complete and eff'ective water 
works; and may construct and lay down conduits, i)ipes May lay down 

, , -^ •' , , ^ ' pipes and 

and other works under or over any lands, water-courses, conduits. 

railroads, or public or private ways, and along any such 

ways in such manner as not unnecesarily to obstruct 

the same ; and for the purpose of constructing, repairing 

and maintaining 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 ^ays'^undTr 

the board of selectmen of the town in which any such direction of 

"^ , selectmen. 

ways are situated, may enter upon and dig up any such 
Avays in such manner as to cause the least hindrance to 
public travel on such ways. 

Section 3. The said corporation shall within sixty a description 
days after the taking of any lands, rights of way, water °ak(^ntobe" 
rights, water sources or easements as aforesaid otherwise reg^JtVy deeds. 
than by purchase, file and cause to be recorded in the 
registry of deeds for the county within which such lands 



88 



1884.— Chapter 108. 



Liability for 
damages. 



Application for 
damages not lo 
lie made until 
water U 
acttrally 
diverted. 



May regulate 
use of water 
and fix and 
collect water 
rates. 



At ay connect 
conduits with 
tliose of tlie 
town of 
Clinton. 



Proviso. 



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 dam- 
ages sustained by any person in property by the taking 
of any land, right of way, water, Avater 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 tails to 
agree with said corporation as to the amount of damages 
sustained, may have the damages assessed and determined 
in the manner provided l)y 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 haid 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 rights, 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 town of Lancaster ; may regulate the 
use of said water and fix and collect rates to be paid for 
the same ; and may make such contracts with said town 
or with any fire district that is or may hereafter be estab- 
lished therein, or with any individual or corporation to 
sufiply water for the extinguishing of fire or for other 
purposes, as may be agreed upon by said town or such 
lire district, individual or corporation, and said cor- 
poration. 

Section 6. The said corporation mav at any time 
during the continuance of this charter connect its conduits 
or pipes with those of the town of Clinton at the boundary 
line between the tov/ns of Clinton and Lancaster, if said 
town of Clinton shall consent thereto, and may contract 
with said town of Clinton for a supply of water necessary 
for the purposes of this act, upon such ternis as said town 
of Clinton and said corporation may agree ; and said town 
of Clinton is authorized to make such connection of its 
own conduits or pipes and to furnish water to said cor- 
poration and to enter into contracts for the same : pro- 
vided, that nothing herein contained shall be construed to 



1884. — Chapter lOS. 89 

compel said town of Clinton to make or permit said con- 
nection or to furnish said water; and, ])rovi(Ied, further^ Proviso. 
that whenever from any reason the supply of water of said 
town of Clinton shall not be more than sufficient for the 
needs of the residents of said town of Clinton, the resi- 
dents of said town of Clinton shall be first supplied. 

Section 7. The said corporation may, for the purposes Real estate an.i 
set forth in this act, hold real estate not exceedini? jj^ ^"P'ti' stoc. 
amount ten thousand dollars; and the whole capital stock 
of said corporation shall not exceed in amount fifty thou- 
sand dollars, to be divided into shares of one hundred 
dollars each. 

Section 8. Whoever wilfully or wantonly corrupts, Penalty for 
jDol lutes or diverts any of the waters taken or held tinder ni'pi'i'n/o'r' 
this act, or injures any structure, work or other property ^iveruDg water. 
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 as- 
sessed 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 9. The said corporation may purchase from May purchase 
the owners any aqueduct or water pipes now used in fur- wlue^'^pipe"*'^ °' 
nishing water for the i)urpose of extinguishing fires in said "owmuse. 
town of Lancaster and for domestic and other uses, all the 
estate, property, rights and privileges of such owners, and 
by such purchase shall become subject to all the liabilities 
and duties to such owners appertaining : provided, ho2v- Proviso. 
ever, that the corporation hereby created shall before sell- 
ing water for domestic purposes within the territory now 
supplied by the New Boston Aqueduct Company, except 
by mutual agreement, purchase the property and rights of 
said company upon such terms as said corporation and said 
company may mutually agree, or on failure of such agree- 
ment or purchase, then upon such terms as shall be pre- 
scribed by three commissioners to be appointed by the su- 
perior court after notice to both parties. 

Section 10. The said corporation may issue bonds May issue bonds 

T ,1 1 , •>/•!• 1 and secure same 

ana secure the same by a mortgage on its tranchise and by mortgage. 
other property to an amount not exceeding its ca})ital stock 
actually paid in and applied to the purposes of its incorpo- 
ration. 



90 



1884. — Chapter 109. 



Town may pur- 
chape franchise 
and property at 
any time. 



Subject to 
assent by a twO' 
thirds vote. 



Sectirity to be 
given for 
l)ayn)ent of 
damages, if 
required. 



Work to be 
commenced 
within two 
years. 



Section 11. The said town of Ljincaster .shall have the 
right at any time during the continuance of the charter 
hereby granted, to purchase the franchise, corporate prop- 
erty and all the liujhts and privileges of said corporation 
at a price which may he mutually agreed upon between 
said corporation and said town ; and the said corporation 
is authorized to make sale of the s;ime 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 a[)poiiited by the supreme judi- 
cial 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 12. The selectmen of Lancaster upon applica- 
tion of the owner of any land, water or wtiter rights taken 
under this act, shall require said corporation to give satisfac- 
tory 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 said 
selectmen shall, if application therefor is made by either 
party, make an estimate of the damages which may result 
from such taking, and the said selectmen shall in like man- 
ner require further security, if at any time the security be- 
fore required appears to them to have become insufficient ; 
and all the right or authority of said corporation to enter 
npon or use such land or other property, except for mak- 
ing surveys, shall be suspended until it gives the security 
required. 

Section 13. This act shall take effect upon its passage, 
but shall become void unless the work herein authorized 
is commenced within two years from the date of the pas- 
sage of said act. Approved March 26, 1884. 



Chap.109 ^N Act relating to the public cemeteries in tue town of 

WOBURN. 

Be it enacted, etc., as follows: 

uT^eiectedlo^ SECTION 1. The tovvn of Wobum is hereby authorizcd 

have .barge of to clcct bv ballot, at auy town meeting duly called, a board 

cemetery and of fivc couimissioncrs, who shall have the sole care, super- 

l^unds.""''' intendence and management of the Woburn cemetery and 



1884. — Chapter 109. 91 

public burial grounds in said Woburn, one member (jf 
which board shall be elected for the term of five years, 
one for four years, one for three years, one for two years, 
and one for one year; said terms to expire with the end 
of the municipal or official year. Said board may be or- 
ganized by the choice of a chairman and clerk from their 
number, and a majority of the board shall be a quorum 
for the exercise of the powers of said office. In case of a vacancy. 
vacancy occurring in the board, by death, non-acceptance, 
disability, resignation or removal during any municii)al or 
official year, the remaining members shall notify the board 
of selectmen of Woburn, in writing, thereof, and of a 
time and place apj)ointed for a meeting of the two boards 
for the purpose of tilling such vacancy, at least two weeks 
before the time appointed for said meeting, and in pur- 
suance of such notice said two boards shall proceed to till 
such vacancy until the end of the then current or official 
year by electing upon joint ballot a suitable person there- 
to ; and at each successive annual election of town officers 
after the year one thousand eight hundred and eighty-four 
said town shall elect by ballot a suitable person or per- 
sons to serve on said board for the remainder of any unex- 
pired term or terms, and for such full term of five years as 
shall expire before the next annual election. 

Section 2. Said board of commissioners may lay out May layout 
said Woburn cemetery, and lands which may be hereafter lou, emboiush 
purchased and set apart by said town of Woburn for the the same, inclose 
purposes of said cemetery, in suitable lots or other suitable eVe.VsuTtabr"'^ 
sub-divisions with proper paths and avenues ; may plant, ^dittoes. 
embellish and ornament the same, may inclose the same 
with proper fences, and erect such suitable edifices, ap- 
pendages and conveniences, and make such improvements 
as they shall from time to time deem convenient ; and may 
make all such by-laws, rules and regulations in the execu- 
tion of their trust, not inconsistent with the laws of the 
Commonwealth, as they may deem expedient. 

Section 3. Said board of commissioners shall have May convey by 
authority to grant and convey to any person, by deed or exclusive' right 
suitable conveyance made and executed in such manner "^ ^""^'' 
and form as they may prescribe, the sole and exclusive 
right of burial, and of erecting tombs, cenotaphs and 
other monuments or structures, upon such terms and con- 
ditions as they shall by rules and regulations prescribe, 
and all such deeds and conveyances, and all thereafter 



92 



1884. — Chapter 109. 



Proceeds of 
sales to he paid 
into the town 
treasury. 



May take and 
iiolil any 
appropriation, 
gift or bequest. 



Funds in 
treasury to he 
invested under 
direction of 
commissioners. 



Limitation of 
indebtedness. 



Miade of the same by the owners thereof may be recorded 
by said board of commissioners in suitable books of record, 
which said books shall be open to the public at all proper 
times. 

Section 4. The proceeds of sales of lots or rights of 
burial in said Woburn cemetery shall be paid into the 
town treasury of said Woburn, be kept separate from its 
other funds, and bo devoted to the improvement and em- 
bellishment of said cemetery and burial grounds as afore- 
said, under the direction and subject to the order of said 
board of commissioners. 

Spxtion 5. Said board of commissioners are author- 
ized to take and hold any appropriation, grant, donation, 
gift or bequest heretofore made or hereafter to be made 
upon trust, to apply the same or the income thereof for 
the improvement or embellishtnent of said cemetery, or 
for the erection, repair or renewal of any monument, ceno- 
taph, tablet, fence or other structure therein ; or for the 
care, improvement or embellishment of any lot or its ap- 
purtenances in any manner or form consistent with the 
purposes for which said cemetery is established according 
to the terms of such appropriation, grant, donation, gift or 
bequest, or upon such terms and conditions as said board 
may establish, and may by an agreement or obligation bind 
themselves and their successors so to apply the same. 

Section 6. All funds now in the treasury of said town 
of Woburn belonging to the account of said cemetery and 
any and all sums of money eo received by said board of 
commissioners shall be invested by the town treasurer of 
said Woburn, under the direction of said board of com- 
missioners, and all the same and all property so received 
shall ever be kept separate from any other moneys or prop- 
erty belonging to said town, and the income of the same 
shall be received by its treasurer, be subject to the order 
of said board of commissioners, and be appropriated by 
them in such manner as shall in their opinion best promote 
the purposes for which said appropriation, grant, donation, 
gilt or bequest was or is made ; said board of commission- 
ers and town treasurer shall be responsible to said town of 
Woburn for the faithful performance of their respective 
duties under the provisions of this act. 

Section 7. Said board of commissioners shall not in- 
cur debts or liabilities for purposes other than aforesaid, 
nor to an amount exceeding the amount of the funds sub- 



1884. — Chapter 110. 93 

ject to their order as aforesaid; and they shall annually Annual report. 
make and render a report in writing of their acts to said 
town of Woburn, and doings, of the condition of said 
cemetery and burial grounds, and account of their receipts 
and expenditures for the same, and of the funds subject to 
their order. 

Section 8. This act shall be void uuless accepted by subject to 
a vote of said town of Woburn at a meeting duly called ^hrtown^within 
within four months from its passage. fourmonti.s. 

Section 9. This act shall take effect upon its passage. 

Approved March 26, 1884. 

An Act to ixcorpokate the bkaintuee water company. Chci7).W0 
Be it enacted, etc., as follows : 

Section 1. N. E. Hollis, Benjamin F. Dyer, George Braintree 
D. Willis, James T. Stevens, Alva S. Morrison, Samuel company 
W. Hollis, Ebenezer Denton and their associates and sue- '"««^P"'«t«^^- 
cessors, are hereby made a corporation, by the name of the 
Braintree Water Company, for the purpose of furnishing 
the inhabitants of the town of Braintree 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 May take water 
aforesaid may take water from the Quincy Water Com- QuHicy water 
pany at a price to be mutually agreed upon by the two ^""P""^" 
corporations. ■ In case of a failure to agree upon a price if companies 
so to be paid, the price shall be determined by three com- priol"to^br' 
missioners to be appointed by the supreme judicial court tomn?\"swnl7e 
upon application of either party and notice to the other, "i/'P^yljVT* ^^ 
whose award when accepted by said court shall be binding 
upon both corporations. The Quincy Water Company for 
the purpose of supplying water to the town of Braintree as 
provided in this act, may sell to the Braintree Water Com- 
pany hereby incorporated such water as may be agreed 
upon, and upon the terms and conditions as herein pro- 
vided for the purchase of the same by the said Braintree 
Water Company. 

Section 3. The said corporation for the purposes May lay down 
aforesaid may construct and lay down conduits, pipes and pipes""*'" 
other works, under or over any lands, water courses, rail- 
roads or public or private ways, and along such ways in 



94 



1884. — Chapter 110. 



May dig up 
ways under 
direction of 
selectmen. 



Liability for 
daniiigot). 



Security for 
payment of 
dnmagi's to be 
jjiven, if 
required. 



Mav distribute 
water and 
fix and collect 
water rates. 



such manner as not unnecessarily to obstruct the same ; 
and for the purpose of constructing, maintaining and re- 
pairing such conduits, pipes or other works, and for all 
proper purposes of this act, said corporation may dig up 
any such lands, and, under the direction of the 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 4. The said corporation shall pay all damages 
sustained by any person in property or by anything 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 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 three years from the time of the doing of the 
injury under the authority of this act; but no application 
for assessment of damages shall be made after the expira- 
tion of said three years. The owners of lands and water 
rights taken under this act, upon application by either 
party for an estimate of damnges may require said corpo- 
ration to give security satisftictory to the board of select- 
men of said town, for the payment of all damages and costs 
which may be awarded to them for the land or other prop- 
erty taken. And if, upon petition of the owner, with no- 
tice to the adverse party, the security appears to the se- 
lectmen of said town to have become insufficient, they 
shall require said corporation to give further security to 
their satisfaction, and all the right or authority of the cor- 
poration to enter upon or use said land and other property, 
except for making surveys, shall be suspended until it 
gives the security required. 

Section 5. The said corporation may distribute the 
water through said town of Braintree; 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 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 fire district, individual or corporation, and said cor- 
poration. 



1884. — Chapter 110. 95 

Section 6. The said corporation may for the purposes Reni estate and 
set forth in this act hold real estate not exceedini^ in '=='i'""' ^^o'^^- 
amount twenty thousand dollars, and the capital stock of 
said corporation shall not exceed fifty thousand dollars, to 
be divided into shares of one hundred dollars each. 

Section 7. The said corporation may issue bonds and Mayissuebonds 

• /•I'll and secure same 

secure the same by a raorto^age on its franchise and other by mortgage. 
property to an amount not exceeding its capital actually 
paid in and applied to the purposes of its incorporation. 

Section 8. The said town of Braintree shall have Town may at 
the right, at any time during the continuance of the char- purchase 
ter herel)y granted, to purchase the franchise, corporate propmy-""'^ 
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 the 
town. In case said corporation and said town are unable Failing to agree, 
to agree, then the compensation to he paid shall be deter- be"fixe'd^by°" 
mined by three commissioners to be appointed by the commissioners. 
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 a^wo^wr^s ^ 
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 9. The said town for the purpose of paying Braintree 
the cost of said franchise and corporate property and the ^" ^"^ °*"* 
.necessary expenses and liabilities incurred under the pro- 
visions of this act, may issue from time to time, bonds, 
notes or scrip to an amount not exceeding in the aggre- 
gate the sum of one hundred and twenty-five thousand 
dollars ; such bonds, notes or scrip shall bear on their face 
"Braintree Water Loan ;" shall be payable at the expi- 
ration 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. 
1 he 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 propel. The said town shall provide at the sinking fundto 
time of contiacling said loan for the establishment of a ^<^ p'-"^'^^'^- 



96 1884.— Chapter 111. 

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. 
Jnnuau..xation SECTION 10. The Said towu shall raise annually by 
sufficiL-ntfor taxatiou u sum Avhicli with the iucomc derived from the 

current mi i /r> • 

expenses and watcr ratcs Will be suincient to pay the current annual 

inti-refct on loan. ,. .• .. , i tji-^ ^ 

expenses or operatmg 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. 
itmnl^JiJnerf SECTION 11. The Said town shall, after its purchase of 
to be elected. Said frauchisc aud corporatc property as pi'ovided 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 towu meeting 
thereafter one such commissioner shall be elected by 
ballot^ for the term of three years. All the authority 
granted to the town by this act and not otherwise specifi- 
cally provided for, shall be vested in said board of water 
commissioners who shall be subject however to such in- 
structions, rules and regulations as said town may impose 
toTe'^tni'itTc^s'^of ''J >ts votc. The Said commissioners shall be trustees of 
fmid'"'^'"^ 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 
Vacancy. and the sinking fund. Any vacancy occuring in said 

board from any cause may.be filled for the remainder of 
the unexpired term b}' said town at any legal town meet- 
ing called for that purpose. 

Section 12. This act shall take effect upon its passage. 

Approved March 26, 1884. 

Chcip.WX -^N Act conferring on the board of aldermen of chelsea 

CERTAIN POWERS RELATING TO ABATEMENT OF TAXES IN SAID 
CITY. 

Be it enacted, etc., as follows: 

ti^xf^hylllL Section 1. All the powers now exercised by the 
of aldermen, couuty commissioiiers f(n' the couuty of Middlesex relat- 



1884. — Chapters 112, 113. 97 

ing to the abatement of taxes assessed by the assessors of 
the city of Chelsea, shall hereafter be vested in the board 
of aldermen of said city only ; and said board of alder- 
men shall constitute the sole board of appeal on complaints 
for a refusal of said assessors to make abatement of taxes. 

Section 2. This act shall not affect any legal pro- Pending 
ceedmgs already commenced. not affected. 

Section 3. This act shall be void unless accepted ^^ubjectto 

... 1 • T acceptance 

withm sixty days from its passage by a vote ot two-thirds within sixty 
of the members of each branch of the city council of ^^^' 
Chelsea present and voting thereon. 

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

Approved March 26, 1884. 



Chap.U2 



An Act to fix the salary of the treasurer of hampden 

COUNTY. 

Be it enacted, etc., as foUoivs : 

Section 1. The treasurer of the county of Hampden salary estab- 
shall receive an annual salary of fifteen hundred dollars 
from and after the first day of January eighteen hundred 
and eighty-four, payable from the county treasury. 

Section- 2. So much of section two of chapter twenty- Repeal. 
three of the Public Statutes as is inconsistent with this 
act is hereby repealed. 

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

Approved March 27, 1884. 

An Act to incorporate the mansfield lake aqueduct com- (JJian.W^ 

PANY. 

Be it enacted, etc., as follows : 

Section 1. Samuel Camp, Parley A. Russell, John MansfieWLake 
A. Brewer, Justin Dewey, Edwin D. Brainard, their asso- C(?mpany 
ciates and successors, are hereby made a corporation by incorporated. 
the name of the Mansfield Lake Aqueduct Company, for 
the purpose of supplying the inhabitants of the village 
of Great Barrington with water, subject to the limitations 
hereinafter contained ; and for this purpose shall have all 
the powers and privileges and be subject to all the duties, 
restrictions and liabilities set forth in all general laws 
which now are or may hereafter be in force relating to 
such corporations. 

Section 2. Said corporation may take, hold and con- May take the 
vey to, into and through the village of Great Barrington Manefieid Lake. 



98 



1884. — Chapter 113. 



A description of 
land and pond 
talien to be filed 
in registry of 
deeds. 



May build one 
or more perma- 
nent aqueducts. 



May distribute 
water and fix 
rates. 

Proviso. 



Work to be 
under super- 
vision of select 
xaen. 



the water of Mansfield Lake, so called, situated in the town 
of Great Barrington, and may also take and hold by pur- 
chase or otherwise, any real estate necessary for laying and 
maintaining aqueducts for conducting, discharging and 
distributing water, and may take and hold any land in or 
around said pond, so far as may be necessary for the pres- 
ervation and purity of the same. Said corporation shall, 
within sixty days from the time of taking any such land 
and said pond, tile in the office of the registry of deeds 
in the southern district of the county of Berkshire a 
description of the lands and pond so taken as certain as is 
required in a conveyance of land, and a statement of the 
purposes for which it is taken, signed by the president of 
the corporation. 

Section 3. Said corporation may make and build one 
or more permanent aqueducts from said pond into and 
throuirh the said village, and maintain the same by any 
works suitable therefor ; may erect and maintain dams 
to raise and retain the water in said pond ; may make and 
establish public fountains and hydrants in such places as it 
may from time to time deem proper and prescribe the pur- 
pose for which they may be used, and may change or dis- 
continue the same ; may distribute the water throughout 
the said village, and may regulate the use of said water, 
and establish the prices or rents thereof: provided ^ hoivever, 
Ihat this corporation shall not supply any of the present 
patrons or takers of water from the Great Barrington 
Water Company, nor any other inhabitants of said village 
with water for family or household purposes unless in each 
case the Great Barrington Water Company shall for more 
than thirty days after a request in writing has been made 
therefor refuse, neglect or fail to furnish to such party a 
sufficient supply of water for the purposes aforesaid ; and 
said corporation may, for the purposes aforesaid, carry 
and conduct any aqueducts or other works by it to be 
made and constructed over or under any water course, 
street, turnpike, road, railroad, highway or other way in 
such manner as to cause the least possible hindrance to 
the travel therein, and may enter upon and dig up any 
such road, street or other way for the purpose of laying 
down pipes beneath the surface thereof, and for maintain- 
ing and repairing the same ; provided, that in excavating 
for the purpose of laying the pipes and repairing the same 



1884. — Chapter 113. 99 

the work shall be done under the direction of the select- 
men of the town of Great Burrington. 

Section 4. Said corporation shall be liable to pay all Liability for 

-1 1 1111 '11 •!• damages. 

damages that shall be sustained by any person in his 
property by the taking of any land, water or water rights, 
or by constructing any aqueducts or other works for the 
purposes specified in this act ; and if any person who shall 
sustain damages as aforesaid cannot agree with said corpo- 
ration upon the amount of said damages, the same shall be 
ascertained, determined and recovered iii the manner now 
provided by law in case of land taken for highway. 

Section 5. Said corporation may hold real estate Real estate and 

d. <• ,1 c 'J J capital stock. 

convenient tor the purposes aroresaid, and 

its whole capital stock shall not exceed thirty thousand 

dollars, which shall be divided into shares of one hundred 

doHars each, and no pecuniary obligation shall be assumed 

by said corporation until one quarter part of its capital 

stock has actually been paid in in cash. 

Section 6. Any person who shall wilfully and wan- Penalty for wii- 
tonly divert or draw olf the water of said pond when taken or d^ve°run|thl 
by said corporation pursuant to the provisions of this act, ^''^"''" 
or who shall wilfully and wantonly corrupt the same or 
render it impure, or who shall wilfully and wantonly 
destroy or injure any dam or reservoir, aqueduct, pipe or 
hydrant or other property held, owned or used by the said 
corporation for the purposes of this act, shall pay three times 
the amount of actual damages to the said corporation, to be 
recovered in an action of tort; and every such person, 
upon conviction of either of the wilful and wanton acts 
aforesaid, shall be punished by fine not exceeding one 
hundred dollars, or imprisonment not exceeding three 
years. 

Section 7. The said town of Great Barrington and Town o. any 
any fire district that is or may hereafter be established therein may 
therein, shall have the right at any time during the con- ohi^Be'andprop 
tinuance of the charter hereby granted to purchase the *^'''>- 
franchise, corporate property and all the rights and privi- 
leges of said corporation, at a price which may be mutually 
agreed upon between said town or such fire district and 
said corporation ; 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 
fiix- district are unable to agree then the compensation to 



100 1884. — Chapter 114. 

be paid shall be determined by three coraniissioners 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. 
Subject to as- This authority to purchase said franchise and property is 

sent by a two- , t-ii • ii-i 

thirds vote. granted on condition that the same is assented to by said 
town or such fire district by a two-thirds vote of the voters 
of said town or such tire district present and voting thereon 
at a meeting called for that purpose. 

Work to be SECTION 8. Thls act shall take cftect upou its passagc, 

connncncGQ o ' 

within three but shall bccomc void unless work under it shall be com- 
menced within three years from the date of its passage. 

Approved March 27, 1884. 



years. 



ChciT>.W4: ^^ ■^^'^ '^*-* AUTHORIZE THE TOWN OF CLINTON TO ISSUE ADDITIONAL 
WATER BONDS, AND TO FURNISH WATER TO THE INHABITANTS OF 
LANCASTER, OR ANY CORPORATION THEREIN FOR FIRE, DOMESTIC 
AND OTHER PURPOSES. 

Be it enacted, etc., as follows: 
Town of Clinton SECTION 1. The towu of Clintou in addition to the 

may issue addi- ^ l- ^ i i i • ii ' t ^ i' 

tionai water amount ot uotcs, Douds aud scrip authorized by section 
bonds. ^.^^jj^. ^^^ chapter ninety-eight of the acts of the year eigh- 

teen hundred seventy-six, and section three of chapter 
fourteen of the acts of the year eighteen hundred eighty- 
two, may issue a further amount of notes, bonds and scrip 
not exceeding the sum of fifty thousand dollars in accord- 
ance with the provisions of the acts herein referred to, 
and for the purposes named therein. 
May sell water SECTION 2. The towu of Cliuton is authorized to sell 

to inhabitants i • i i • ^ i n t '' 

of Lancaster, to the inhabitants ot the town of Lancaster residing along 
the main pipe line of said town of Clinton where it passes 
through said Lancaster, a supply of water for the ex- 
tinguishment of fires and for domestic and other purposes. 

May sell water SECTION 3. The towu of Cliuton may at any time 

to the Lancaster i . , . /> i i /-it 

Water Com- during the continuance or the charter ot the Lancaster 

P*°y- Water Company, sell to said company a supply of water 

needed for the purposes for which said Lancaster Water 

Company was incorporated, and upon such terms as said 

Lancaster towu and Said comoauy may ao^ree ; and said water com- 

\VaterCompany , . .i 4.- ° ^ .j i . 4. -t 

may connect pauy may during the continuance ot its charter connect its 
of^to^wi'oV'"^^^ conduits or pipes with those of the town of Clinton at the 
Clinton. boundary line between said towns of Clinton and Lancas- 

ter, or at any other convenient point within the limits of 
said town of Lancaster where the pipes and conduits of 



1884. — Chapters 115, 116, 117. 101 

said town of Clinton are now laid : provided, tiiat the Provisos. 
town of Clinton shall assent thereto ; but nothing herein 
contained shall be construed to compel said town of 
Clinton to make or permit such connections or furnish 
such water; and provided, further, that in case the town 
of Clinton should agree to furnish water to the Lancaster 
Water Company as herein provided, if from any reason 
the supply of water of the town of Clinton shall not be 
more than is sufficient for the needs of its own inhabitants, 
then the needs of its own inhabitants shall be first sup- 
plied, and any contract made by the town of Clinton with 
the Lancaster Water Company shall be made with this 
condition. 

Section 4. This act shall take effect upon its passage, subject to ac- 
but shall become void unless accepted by the vote of two two-thirdsvo^te. 
thirds of the legal voters of the town of Clinton present 
and voting thereon at a legal meeting called for that pur- 
pose, within six months from the date of its passage. 

Approved March 27, 1884. 

An Act relating to the eligibility to office of members of QJinri 115 

THE CITY COUNCIL OF THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

No member of the city council of the city of Boston Members of city 
shall be eligible, during the term for which he was chosen, ton not eligible 
to any office by appointment or by election of said city offices*.^'" 
council or either branch thereof, the salary of which office 
is payable from the city treasury. 

Approved March 27, 1884. 

An Act providing for the appointment of female assistant niiarf 116 

PHYSICIANS IN STATE LUNATIC HOSPITALS. 

Be it enacted, etc., as follows : 

In each of the state lunatic hospitals from and after the Female assistant 
first day of January in the year eighteen hundred and staleTunatilf 
eighty-five an educated female physician shall be appointed ^^^p'*^'®- 
assistant physician. Approved March 27, 1884. 

An Act to authorize the county commissioners of the county (Jhn^ II7 

OF FRANKLIN TO BORROW MONEY FOR THE PURPOSE OF BUILDING 
A NEW JAIL AND HOUSE OF CORRECTION. 

Be it enacted, etc., as folloivs : 

Section 1. The county commissioners of the county May borrow 
of Franklin are hereby authorized to borrow, on the credit ^fairind house 

of correction. 



102 1884. — Chapters 118, 119, 120. 

of said county, such suras not exceeding in all thirty-five 
thousand dollars as may be necessary to build a new jail 
and house of correction, or to alter or enlarge that now in 
use, in said county. 

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

Approved March 27, 1884. 

ChCLV.WS ^N ^^'^ RELATING TO THE EXPENSE OF RECORDING PROBATE PRO- 
CEEDINGS IN THE COUNTY OF SUFFOLK. 

Be it enacted, etc., as follows: 

fecordfng°pro- SECTION 1. The cxpcnsc of recording probate pro- 
bateproceed- ccediugs iu the county of Suffolk, regulated by section 
exceed $2,000 in forty-four of chaptcF one hundred and fifty-six of the 
any one year, p^jjij^. gtatutcs, shall uot cxcced two thousaud dollars in 
any one year. So much of said section forty- four as is in- 
consistent with this act is hereby repealed. 

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

Approved March 27, 1884. 

Chctp.W^ An Act in relation to deposits made by domestic insurance 

COMPANIES WITH THE TREASURER OF THE COMMONWEALTH. 

Be it enacted, etc , as follows: 
Treasurer to Section 1. The trcasurcr of the Commonwealth is 

return securities ,.-,.■, ■, . . 

to home insur- hereby directed to return to any domestic insurance cora- 

ance companies iU u i a i-'i.i -i* x- u 

upon certiticate pauy, the whoic or any part ot the securities ot such com- 
sfone"™'* pfiny held on deposit by him in pursuance of section one 
hundred and fifty-six of chapter one hundred and nineteen 
of the Public Statutes, upon the written request of such 
company accompanied by the certificate of the insurance 
commissioner that the securities of which the return is re- 
quested are not required to be held under the provisions 
of said section. 

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

Approved March 28, 1884. 

(JJlCir>.\20 ^^ ^^"^ RELATING TO THE RE-INSURANCE OF RISKS TAKEN BY INSUR- 
ANCE COMPANIES ON PROPERTY IN THIS COMMONWEALTH. 

Be it enacted, etc., asfolloios: 
Reinsurance Section 1. No foreign OF othcr insuraucc company, 

eflfected in com- associatiou, partnership, firm or Individual authorized to 
FzeTtoX^buVi- transact the business of insurance in this Commonwealth, 
staTe!"^ ^""'^ shall directly or indirectly contract for or effect any re-in- 
surance of any risk taken by it on property in this Com- 



1884. — Chapters 12], 122. 103 

mon wealth with any insurance company, association, 
partnership, firm or individual not authorized to transact 
said business of insurance in this Commonwealth in ac- 
cordance with the laws thereof. 

Section 2. Any company or agent violating the pro- Penalty 
visions of this act shall be punished by a fine of five 
hundred dollars. Approved March 28, 1884. 

An Act to dissolve the first congregational parish of hamil- (7Aa».121 

TON AND to confirm THE CONVEYANCE OF ITS PROPERTY TO THE 
FIRST CONGREGATIONAL SOCIETY OF HAMILTON. 

Be it enacted^ etc., as follows: 

Section 1. The conveyance of the property of the conveyance of 
First Congregational Parish of Hamilton, incorporated tirm^e'd/ °°"' 
under chapter eighty-nine, of the acts of the year eighteen 
hundred twenty-nine, approved Februar}^ twenty-seventh, 
eighteen hundred twenty-nine, to the First Congregational 
Society of Hamilton, a corporation established under 
general laws, is hereby ratified and confirmed, and said 
first named corporation is hereby dissolved, and its rights, Parish dis. 
privileges and property shall be vested in said First Con- ^^'"^ ' 
gregational Society of Hamilton. 

Section 2. Any person claiming to be aggrieved by Liability for 
the provisions of this act may at any time within one year ''*™^^®®' 
after it takes effect apply by petition to the superior court 
for the county of Essex for assessment of his damages, and 
the same shall be assessed and determined by and under 
the direction of said court, and shall be paid by said First 
Congregational Society of Hamilton, which shall have 
notice of the pendency of such petition and may defend 
the same. 

Section 3. This act shall take effect upon its accept- To take effect 

. , . 1 o • <' TT •! upon acceptance 

ance by said l^irst Congregational Society oi Hamilton at witiiin three 

months 

a legal meeting thereof called and held for that purpose 
within three months from its passage. 

Approved March 31, 1884. 

An Act to enable cities and towns to prosecute or defend (JJiap.12'2 

ACTIONS IN THE NAME OF OR AGAINST ABOLISHED SCHOOL DIS- 
TRICTS. 

Be it enacted, etc., as follows: 

Section 1. Any city or town shall have the same right May prosecute 

, , ^ c ^ i- -i. !• or defend 

to prosecute or defend any action, suit or proceeding actions in name 



104 1884. — Chapters 123, 124, 125. 

of or against commeiiced or which may be commenced by or in the 

abolished scbool - . ifiT it • i-i 

districts. name oi or aganist any abolished school district which ex- 

isted within such city or town, as though such action, suit 
or proceeding were brought by or against such city or 
town. 

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

Approved March 31, 1884. 

Chap.\2i3 -'^^ Act in relation to assessors and assistant assessors in the 

CITY OF BOSTON. 

Be it enacted^ etc., as follows: 
Terms of office SECTION 1. AsscssoFS and Rssistant assessors in the 
and assistant City of Bostou may bc clcctcd in such manner and hold 
Bo^stoa,"*" office for such term, not exceeding three years, as the city 

council of said city may by ordinance prescribe 
Ordinances SECTION 2. The ordjuauces of said city so far as they 

confirmed. -^ •' 

provide that assessors shall be elected and shall hold office 
for three years are hereby confirmed, and shall continue 
in force until the same are altered or repealed by the city 
council ; and the persons elected assessors under said or- 
dinances shall continue in office according to the tenor of 
such ordinances. 

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

Approved March 31, 1884. 

Gh(ip.\2i4i ^'^ -^CT TO change the NAME OF THE MITTINEAGUE CONGREGATIONAL 

SOCIETY. 

Be it enacted, etc. , as follows : 
Name changed. SECTION 1. The name of the Mittineague Congrega- 
tional Society is hereby changed to the Mittineague Con- 
gregational Society of West Springfield. 

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

Approved 3Iarch 31, 1884. 

Chap.\^^ -An Act RELATING TO THE DIVISION OF CITIES INTO WARDS. 

Be it enacted, etc., as follows: 

pT"28°Ti4^'' Section 1. Section fourteen of chapter twenty-eight 
of the Public Statutes relating to the division of cities into 
wards is hereby amended so that the new division men- 
tioned in said section shall not go into effect before the 
fifteenth day of December in the year in which it is made. 
Section 2. This act shall take effect upon its passage. 

Approved March 31, 1884. 



1884. — Chapters 126, 127. 105 

An Act in relation to the verification of the accounts of (Jhny) 1 28 

ASSIGNEES IN INSOLVENCY. 

Be it enacted^ etc. , as follows : 

Section 1. The accounts of an assignee in insolvency, Assigneesin 
required by section one hundred and two of chapter one 8wear*toTheir 
hundred and lifty-seven of the Public Statutes, shall be "''■°"°''- 
verified by the oath of said assignee, and when there are 
two or more joint assignees their accounts may be allowed 
upon the oath of one of them. 

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

Approved April 1, 1884. 

An Act to incorporate the town of bourne. Chap.1.27 

Be it enacted, etc., as follows: 

Section 1. All the territory now within the town of 7°^'^' °f ^o'?™^ 

n 1 • 1 • 1 • 1 • I /■ 11 • T • • incorporated. 

bandwich comprised withm the lollowmg limits, that is to 
say ; — beginning at " Peaked Hill," so called, situate ou 
the shores of Cape Cod Bay, at the boundary line of the 
towns of Plymouth and Sandwich, and running south- 
easterly along the shore of said bay two thousand .seven 
hundred and twenty-eight yards, thence southerly in a 
straight line to the northwest corner of " Freeman's Lane," 
so called, and the line of the Old Colony Railroad, thence 
southerly by the centre of "Freeman's Lane" to the 
county road, thence southerly in a straight line to the 
junction of Pocasset road and Turpentine road, so called, 
thence southerly by the centre of Turpentine road to the 
dividing line between the towns of Sandwich and Fal- 
mouth, thence by that line to Buzzard's Bay, thence by 
Buzzard's Bay to the dividing line of the towns of Sand- 
wich, Wareham and Plymouth, thence by the line divid- 
ing the towns of Sandwich and Plymouth to the point of 
beginning, — is hereby incorporated into a town by the 
name of Bourne ; and said town of Bourne is hereby in- 
vested with all the powers, privileges, rights and immu- 
nities, and is subject to all the duties and requisitions, to 
which other towns are entitled and subjected by the con- 
stitution and laws of this Commonwealth. 

Section 2. The inhabitants of said town of Bourne inhabitunts to 
shall pay all arrears of taxes which have been legally faYesaMessed 
assessed upon them by the town of Sandwich, and all gandwicT" "^ 
taxes heretofore assessed upon them and upon property 
within the limits of Bourne and not collected shall be col- 



106 



1884. — Chapter 127. 



Assessors of 
Sandwich to 
make returns 
of valuation. 



Liability for 
support of 
paupers. 



Proviso. 



Suits and pro- 
ceedings at law 
or in equity. 



Division of 
property and 
debts. 



lected and paid to the treasurer of the said town of Sand- 
wich in the same manner as if this act had not been passed ; 
and until the next general valuation of estates in this 
Commonwealth, the town of Bourne shall pay annually to 
the said town of Sandwich the proportion of any state or 
county tax which the said town of Sandwich may be re- 
quired to pay upon the inhabitants or estates hereby set 
off, said proportion to be ascertained and determined by 
the last valuation next preceding the passage of this act ; 
and the assessors of Sandwich shall make returns of said 
valuation, and the proportion thereof in the towns of Sand- 
wich and Bourne respectively to the secretary of the Com- 
monwealth and to the county commissioners of the county 
of Barnstable. 

Section 3. Said towns of Sandwich and Bourne shall 
be respectively liable for the support of all persons who 
do now or shall hereafter stand in need of relief as 
paupers, whose settlements were gained, whether by orig- 
inal acquisition or derivation, within their respective limits ; 
and said town of Bourne shall pay annually to said town 
of Sandwich three-sevenths of all costs paid by the last 
named town for the support or relief of those persons, 
who now do, or shall hereafter, stand in need of relief or 
support as paupers, and who have gained a settlement in 
said town of Sandwich in consequence of tlie military ser- 
vices of themselves, or of those through whom they derive 
their settlement : providedy that the person who rendered 
such military seivice was not at the time of his enlistment 
an inhabitant of the said town of Sandwich as heretofore 
constituted. 

Section 4. All suits and proceedings at law or in 
equity, where the cause of action in favor of or against the 
town of Sandwich arose before the passage of this act, shall 
be instituted and prosecuted or defended, by said town of 
Sandwich with the same eflfect as if this act had not been 
passed ; and the amount recovered in any such suitor pro- 
ceeding, by or against said town of Sandwich, shall be re- 
ceived or paid, as the case may be, by the town of Sand- 
wich, and divided between the towns of Sandwich and 
Bourne in the same proportions as the public property 
and debts of the town of Sandwich are required to be 
divided by this act. 

Section 5. The corporate property both real and per- 
sonal, including rights of action belonging to said town of 



1884. — Chapter 127. 107 

Sandwich at the date of the passage of this act, except 
as hereinafter provided, and the public debt existing at 
said date, shall be divided between the towns of Sandwich 
and Bourne according to the valuation of the property 
within their respective limits, as assessed May first eigh- 
teen hundred and eighty-three. Said towns of Sandwich 
and Bourne shall each retain and hold all the real prop- 
erty, public buildings and personal property used in con- 
nection therewith now in their respective limits. In case if towns fail to 
said towns of Sandwich and Bourne shall not agree iu bfdetemined 
respect to a division of debts, unpaid taxes, state or county gj^.^er'^.""*' 
taxes, or support of paupers, or in relation to the value 
of the fisheries or any matter under this section or section 
eleven, the supreme judicial court for the county of Barn- 
stable shall, upon petition of either town, appoint three 
commissioners, neither of whom shall be a resident of 
Barnstable county ; and said petition may be filed and 
appointments made in vacation to hear the parties and 
determine the matters of difference ; and their award, or 
the award of any two of them, being accepted by said 
court, shall be final ; and said court shall have jurisdiction 
to render judgment or make any order or decree upon 
said award, to issue execution, or any other proper proc- 
ess, to enforce such judgment, decree or order. But th(; Award of com- 
award shall not be set aside unless for fraud or manifest 
error ; in which case the court may recommit the 
award, or appoint other commissioners, with the same 
powers and duties as the first, of whose proceedings the 
court shall have the same jurisdiction as herein before pio- 
vided. In makins; said award the commissioners shall 
assign the corporate property belonging to the said town 
of Sandwich at the time of the passage of this act to the 
town within which said corporate property shall be situate 
or belong, so far as such division may be practicable ; and 
said commissioners, may award a gross sum to the town 
of Bourne or Sandwich as the case may be, in order to 
make their division of corporate property just and equi- 
table. 

Section 6. The town of Bourne shall, until otherwise Ejection du- 
provided by law, continue to be a part of the first con- 
gressional district, of the first councillor district, of the 
Cape senatorial district, and the first representative 
district of Barnstable county ; and the inhabitants of said 
town of Bourne shall vote for each of said officers in the 



108 



1884. — Chapter 127. 



First meeting 
for election of 
town ofQcers. 



Bourne to pay 
for surveys and 
establishing 
lines. 

Reimbursement 
for bounties 
and for state aid 
to soldiers. 



Regulation of 
public fisheries. 



Proviso. 



Rights io shell 
fishery or other 
fisheries. 



town of Bourne. The selectmen and clerk of said town 
of Bourne, in each of said cases shall make returns as if 
said town had existed at the time of the formation of said 
districts. 

Section 7. Any justice of the peace within and for 
Barnstable county, whose residence is in the town of 
Bourne, may issue his warrant directed to any inhabitant 
of said town of Bourne requiring him to notify and warn 
the inhabitants thereof, qualified to vote in town affairs, 
to meet at the time and place therein appointed, for the 
purpose of choosing all such officers as towns are by law 
authorized and required to choose at their annual meetings ; 
and said warrant shall be served by posting copies thereof, 
attested by the person to whom the said warrant is directed, 
in three or more public places in said town of Bourne, 
seven days at least before such time of meeting. Such 
justice, or in his absence, such inhabitant required to no- 
tify the meeting, shall preside until the choice of modera- 
tor in said town meeting. The selectmen of said town of 
Sandwich shall, before said meeting, prepare a list of 
voters in said town of Bourne qualified to vote at said 
meeting, and shall deliver the same to the person pre- 
siding at said meeting before the choice of moderator 
thereof. 

Section 8. Said town of Bourne shall bear the ex- 
pense of making the necessary surveys and establishing 
the lines between the said towns of Sandwich and Bourne. 

Section 9. Said town of Bourne shall receive from 
the said town of Sandwich a proportionate part of what- 
ever amount may hereafter be refunded to said town of 
Sandwich from the state or United States to reimburse it 
for bounties to soldiers, or state aid heretofore paid to 
soldiers' families, after deducting all reasonable expenses. 

Section 10. The towns of Sandwich and Bourne may 
severally regulate the public fisheries within their respec- 
tive limits and the provisions of all special acts in relation 
to the fisheries of Sandwich heretofore passed shall be 
held to apply to the town in which any such fishery may 
be located : provided, however, that every inhabitant of 
Sandwich shall have the same rights in the public fisher- 
ies of Bourne that an inhabitant of Bourne shall have. 

Section 11. The town of Bourne shall pay to the 
town of Sandwich in money the proportionate share of 
said town of Sandwich in all rights, if any, in the shell 



1884. — Chapters 128, 129. 109 

fishery or other fisheries accruing by this act to the town 
of Bourne, said proportion to be determined by the valua- 
tion of the property within the limits of the respective 
towns on the first day of May in the year eighteen hun- 
dred and eighty-three. And the town of Bourne shall 
have the management and control of the fisheries in said 
town subject to the rights of the inhabitants of Sandwich 
under section ten of this act. 

Section 12. All rights heretofore secured to existing Rights of cor- 
corporations upon the territory hereby incorporated shall impaired. 
continue as though this act had not been passed. 

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

Approved April 2, 1884. 



Chap.128 



An Act to confirm the proceedings of the last annual town 
meeting of the town of royalston. 

Be it enacted, etc., as follows: 

Section 1. The proceedings of the annual town meet- Proceedinss of 
ing of the town of Royalston, held on the first Monday of co^iiVmed.'"^ 
March in the year eighteen hundred eighty-four, shall not 
be invalid for the reason that the tellers appointed to aid 
in checking the names of voters and in assorting and 
counting the votes, were not sworn, and the election of 
the town ofiicers at said meeting is ratified and confirmed. 

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

Approved April 2, 1884. 

An Act to authorize cities and towns to issue notes, bonds (JJianAI'd 

AND SCRIP. 

Be it enacted, etc., as follows: 

Section 1 . Any city or town which has already in- issue of bonds, 
curred or shall hereafter incur a debt under the provisions lly'cui'^cs'ind"^ 
of chapter twenty-nine of the Public Statutes may issue *°^"*- 
notes, bonds or scrip therefor proper!}' denominated on 
the face thereof and signed by its treasurer and counter- 
signed in case of a city by its mayor, and in case of a 
town, by a majority of its board of selectmen, and within 
the limitations as to amount and time of payment pre- 
scribed in said chapter twenty-nine, with interest payable 
semi-annually at a rate not exceeding six per cent, per 
annum; and may sell said notes, bonds or scrip at public Bonds, etc., may 
or private sale, or use the same in payment of such debts or prlvaU^Baie!" 
upon such terms and conditions as it may deem proper, 



110 



1884. — Chapters 130, 131, 132. 



provided that said notes, bonds and scrip shall not be sold 
at less than par. 

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

Approved April 4, 1884. 

Chap.\30 An Act to authorize the north attleborough gas light com- 
pany TO LAY PIPES IN WRENTHAM, AND TO INCREASE ITS CAPITAL 
STOCK. 

Be it enacted, etc., as follows : 

Section 1. The North Attleborough Gas Light Com- 
iiany is hereby authorized to lay and maintain pipes for 
the purpose of supplying gas within the town of Wrentham, 
subject to the provisions of all laws that now are or may 
hereafter be in force relating to gas light corporations. 

Section 2. The said corporation is hereby authorized 
to increase its capital stock to an amount not exceeding 
one hundred and fifty thousand dollars. 

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

Approved April 4, 1884. 

Ch(X7).\^\ '^^ ^^^ CONCERNING COSTS AND EXPENSES IN PROBATE PROCEED- 
INGS. 

Be it enacted, etc., us foUoics: 

Section 1. Section thirty-five of chapter one hundred 
and fifty-six of the Pnblic Statutes relating to the allow- 
ance of costs in probate proceedings is hereby amended 
by inserting after the word "costs" in the second line 
thereof, the words " and expenses." 

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

Ap)proved April 4, 1884. 



May lay pipes 
in Wrentham. 



May increase 
capital stock. 



Costs and ex- 
penses in 
probate pro- 
ceeditigs. 



C'A«??.132 A^ A^"^ ^^ RELATION TO THE PROPERTY 



RIGHTS OF HUSBAND AND 



WIFE. 



Transfer of 
property be- 
tween busband 
and wife. 
P. 8. 147. § .-5. 



Certain trans- 
fers not invali- 
dated. 



Be it enacted, etc., as follows : 

Section 1. Section three of chapter one hundred and 
forty-seven of the Public Statutes is hereby amended by 
striking out at the commencement thereof the words " A 
husband and wife shall not transfer property to each other," 
and by inserting in place of the same the words " Nothing 
contained in the preceding sections shall authorize a hus- 
band or a wife to transfer property one to the other." 

Section 2. No transfer of property made since the 
Public Statutes took effect, which would not have been 



1884. — Chapters 133, 134. Ill 

invalidated by the said section as hereby amended, shall 
be deemed to be invalid by reason of anythiniij contained 
in the said section prior to its being so amended. 

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

Approved April 4^ 1884. 

An Act to authorize the milfokd and woonsocket kailroad (JJiap.X^'d 

COMPANY TO PURCHASE OR TAKE A LEASE OF THE HOPKINTON 
RAILROAD AND INCREASE ITS CAPITAL STOCK. 

Be it enacted^ etc., as follows : 

Section 1. The Milford and Woonsocket Railroad May purchase 

. Hopkinton 

Company is hereby authorized to purchase the franchise, Railroad owned 
road and property lately owned by the Hopkinton Rail- Draper, 
road Company, located and built between Ashland in the 
county of Middlesex and Milford in the county of Wor- 
cester, and sold to and now owned by George Draper of 
said Milford in execution of a power of sale contained in 
a mortgage of said franchise, road and property, upon such 
terms as the directors may agree upon and which shall be 
approved by the stockholders of the said Milford and 
Woonsocket Railroad Company. 

Section 2. The said Milford and Woonsocket Rail- May increase 
road Company may, for the purpose herein before named, '^"^' '* *°°. ' 
increase its capital stock to an amount not exceeding two 
hundred thousand dollars. 

Section 3. Until the purchase is made according to May take a 
the provisions contained in section one, the said Milford chTs'eisVffe^cted. 
and Woonsocket Railroad Company is hereby authorized 
to take a lease of and operate the said Hopkinton Rail- 
road, upon such terms as may be agreed upon by the 
directors, and approved by the stockholders of said com- 
pany. 

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

Approved April 4, 1884. 

An Act to authorize railroad companies to take land for (Jhcir) 134 

ADDITIONAL TRACKS AND FOR OTHER PURPOSES. 

Be it enacted, etc., asfolloivs: 

Section ninety-one of chapter one hundred and twelve May take land 
of the Public Statutes is amended so as to read as follows : — tracts* anTfor 
If a railroad corporation, for the purpose of making or "thtr purpoees. 
securing its road, or for depot or station purposes, requires 
land or materials without the limits of the route fixed or 
requires additional land for one or more new tracks adja- 



112 



1884. — Chapter 135. 



Location to be 
filed within one 
year. 



cent to other land occupied by such corporation by a track 
or tracks already in use, and is unable to obtain the 
same by agreement with the owner, it may apply to the 
county commissioners, who, after notice to the owner, 
may prescribe the limits within which the same may be 
taken without his permission in the manner hereinafter 
provided ; and the corporation shall file within one year 
with the commissioners of each county in which the same 
is situated, a location thereof duly certified by the clerk 
of the board, defining the courses, distances and bound- 
aries of such land in such form and with such other par- 
ticulars as may be required by the rules prescribed by the 
Proviso. board : provided, that where public highways, buildings, 

parks or cemeteries are to be taken, the consent of the city 
or town in which the land is to be taken shall be first 
obtained. Approved April 4, 1884. 

Ch(ip.\35 ^^ ^^"^ '^'^ AUTHORIZE THE CITY OP LAWRENCE TO INCUR DEBTS 
IN ESTABLISHING A SYSTEM OF SEWERS, TO ISSUE BONDS AND TO 
ESTABLISH A SINKING FUND FOR THE PAYMENT THEREOF. 

Be it enacted, etc. , as follows : 

Section 1. The city of Lawrence is hereby authorized 
to incur debts in the execution of the powers granted by 
chapter one hundred and seventy of the acts of the year 
eighteen hundred and eighty-two, and for that purpose to 
issue bonds, notes, scrip or certificates of debt to an amount 
not exceeding three hundred thousand dollars, which shall 
be payable at the expiration of periods not exceeding twenty 
years from the date of issue and bear interest payable 
semi-annually at a rate not exceeding six per centum per 
annum. Such bonds, notes, scrip and certificates shall be 
signed by the mayor and treasurer of said city and shall 
bear on their face the words " City of Lawrence, Sewer 
Loan, Act of eighteen hundred and eighty-four." The 

Sinking fund to said city shall providc at the time of the issue of said 
bonds, notes, scrip or certificates for the establishment of 
a sinking fund, for the payment of the same according to 
the provisions of chapter twenty-nine of the Public Statutes, 
relating to the payment of debts incurred in the construc- 
tion of sewers. 

Subject to ac- SECTION 2. This act shall take cffcct uDou its passagc 

ceptance wiihin , ,1., •! 1 jtii -^ -i 

one year. but shall bccomc void uuiess acccepted by the city council 

of said city within one year from its passage. 

Ajyjrroved April 4, 1884. 



May incur debts 
in establixliing 
system of 
sewers. 



1884. — Chapter 136. 113 



An Act to incorporate the Bradford water company. ChdvABij 
Be it enacted, etc. , as follows : 

Section 1. Samuel W. Hopkinson, William Cogswell, com 'an^ H.**'"' 
Albert L. Kimball, James H. Durgin, Albert Kimball, corporated. 
John B. Farrar, William Hiltou, Charles B. Emerson and 
their associates and successors, are hereby made a corpo- 
ration by the name of the Bradford Waaler Company, for 
the purpose of supplying the inhabitants of Bradford 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 purpose afore- May take water 

.1 ^11 1 J.I • Jill i. from the Merri- 

said, may take by purchase or otherwise, and hold water mack River, 
from the JNIerrimac River and the waters which flow into the 
same and the water rights connected therewith within the 
limits of said town of Bradford, and also all lands, rights 
of way and easements, necessary for holding and preserv- 
ing 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- 
plete and effective water works ; and may construct and ^^y ''?y "^o?" 

F-, -,. . ,, ,T conduits ana 

lay down conduits, pipes and other works under or over other works. 
any lands, water courses, railroads, or public or private 
ways, and along any such ways in such manner as not un- 
necessarily to obstruct the same; and for the purpose of ^^y dig up 

. .... , .. IT- highways. 

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 corporation shall, within sixty to cause to be 
days after the taking of any lands, rights of way, water "g?8tiy of deeds 
rights, water sources or easements as aforesaid, other than fandre"c.'^"^° "^ 
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 suflSciently ac- 



114 1884. — Chapter 136. 

curate for identification, with a statement of the purpose 
for which the same were taken signed by the president of 
the corporation. 
Liability for 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 sustain- 
ing 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 laud is taken for the 
laying out of highways, on application at any time within 
the period of three j'ears from the taking of such laud or 
other property, or the doing of other injury, under the 
authority of this act, but no such application shall be made 
Application for after the expiratiou of said three years. No application 
be m\^de untif° for assessmcut of damages shall be made for the taking of 
diverted?'''"^"^ ^^^y water, water right, or for any injury thereto, until the 
water is actually withdrawn or diverted by said corpora- 
tion under the authority of this act. 
May fix and SECTION 5. The Said Corporation may distribute the 

ratet! ^ watcr through said town of Bradford ; 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 here- 
after be established therein, or with any individual or cor- 
poration, to supply water for the extinguishing of fires or 
for other purposes, as may be agreed upon by said town, 
or such fire district, individual or corporation, and said 
corporation. 
Real estate and SECTION 6. The Said corporatiou 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. 
Penalty for SECTION 7. Whocver wilfully or wantonly corrupts, 

corrupting pollutcs or divcrts auy of the waters taken or held under 
water. ^^.^^ ^^^^ ^^. iujurcs 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 



18S4. — Chapter 136. 115 

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 issue bonds, May issue 
and secure the same by a mortgage on its iranchise and eecllfreV/ 
other property, to an amount not exceeding its capital ""ortgage. 
stock actually paid in and applied to the purposes of its 
incorporation. 

Section 9. The said town of Bradford shall have the Town of Brad- 
right at any time during the continuance of the charter cha8(ffVanchi8e 
hereby granted to purchase the franchise, corporate prop- ''"'^ P'"°P'^'''y- 
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 corpora- 
tion 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 ju- 
dicial 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 subject to as- 
said franchise and property is granted on condition that rtwo-thh-X ^^ 
the same is assented to by said town by a two-thirds vote ^°^®- 
of the voters present and voting thereon at a meeting 
called for that purpose. 

Section 10. The county commissioners for the county security may 
within which any land, water or water rights taken under paymTJu of ^""^ 
this act is situated, shall, upon application of the owner ^iamages. 
thereof, require said corporation to give satisfactory se- 
curity 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 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 11. Said company shall not in any way inter- Rights of Brad- 
fere with or disturl) the rights or privileges which Brad- [rou^be^dT-^ 

turbed. 



116 



1884.— Chapter 137. 



Chap.Vdl 



Fire district of 
Dalton may 
supply itself 
■with water. 



May take 
■waters from 
Cleveland and 
Egypt Brooks. 



May laj- down 
conduits and 
pipes. 



May dig up 
highways under 
direction of the 
selectmen. 



ford Academy, a corporation duly established under the 
laws of this Commonwealth and located in said town of 
Bradford, now enjoys for taking water from said Merri- 
mac River for the use and general purposes of said 
academy. 

Section 12. This act shall take effect upon its passage. 

Approved April 4, 1884. 

An Act concerning a water supply for the fire district of 

THE town of dalton. 

Be it eyiacted, etc., as follows: 

Section 1. The fire district of the town of Dalton 
may supply itself and inhabitants with water for the ex- 
tinguishment of fires and for domestic and other purposes ; 
may establish fountains and hydrants, re-locate or dis- 
continue 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 fire district may, for the purposes 
aforesaid take, by purchase or otherwise, and hold the 
waters from the Cleveland brook, so called, or the Egypt 
brook, so called, in said town of Dalton, and other small 
brooks near the same, as the said fire district may deter- 
mine, 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 conveying the 
same to any part of said town of Dalton ; 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 establish- 
ment and maintenance of coniplete and effective 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 wajs, 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 purposes of this act, said fire district may 
dig up any such lauds and under the direction of the board 
of selectmen of the town in which such ways are situated 
may enter upon and dig up any such ways in such man- 
ner as to cause the least hindrance to public travel on 
such ways. 



1884. — Chapter 187. 117 

Section 3. The said fire district shall, within sixty to cause to be 
days after the taking of any lands, rights of way, water regi's'i'^rv'lf deeds 
rights, water sources or easements as aforesaid, otherwise a description of 

C5 ' ' land etc 

than by purchase, file and cause to be recorded in the taken. 
registry of deeds for the registry districts within which 
such lands or other property is situated a description 
thereof sufiiciently accurate for identification, with a state- 
ment of the purpose for which the same were taken, 
signed by the water commissioners hereinafter provided 
for. 

Section 4. Said fire district shall be liable to pay all dlmlgel^" 
damages to property sustained by any person or corpora- 
tion by the taking of any lands, water or water rights by 
said fire district, or by the laying or maintaining of any 
aqueducts or other works for the purposes aforesaid. Any 
person or corporation sustaining damages as aforesaid, 
and unable to agree with the said district upon the amount 
of such damages, may have them assessed in the manner 
provided by law with respect to land taken for highways. 
Any person or corporation whose water rights are thus ^a^" °es'^° ^°'" 
taken or affected may apply as aforesaid within three ^emadeuntn 
years from the time the water is actually withdrawn or d^venedr "^ ^ 
diverted, and not thereafter. 

Section 5. The said tire district may for the purpose gaitonFire 

,- • .1 1 1- 1 i-i- • 1 District Water 

ot paying the necessary expenses and liabilities incurred Loan. 
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, " Daltou Fire Dis- 
trict Water Loan ;" shall be payable at the expiration of pe- 
riods not exceeding thirty years from the date of issue ; shall 
bear interest payable semi-annually, at a rate not exceed- 
ing six per centum per annum, and shall be signed by the 
treasurer of the fire district, be countersigned by the 
chairman of the prudential committee of said fire district, 
and by the chairman of the water commissioners. The Bge'^securi. 
said fire district may sell such securities at public or pri- '^®^- 
vate sale at not less than par, or pledge the same for 
money borrowed for the purposes of this act, upon such 
terms and conditions as it may deem proper. 

Section 6. The said fire district shall establish a sink- KtaliKd.*" 
ing fund and shall annually, after three years from the 
passage of this act, contribute to such fund a sum suffi- 
cient with the accumulations to pay the principal of said 



118 



1884. — Chapter 137. 



May pay princi- 
pal by annual 
instalments. 



To raise by 
taxation BufB- 
cient for interest 
and current 
expenses. 



Town upon a 
two-thirds vote 
may guarantee 
payment. 



Penalty for wil- 
fully corrupting 
or diverting 
water. 



Water commis- 
sioners to be 
elected. 



loan at maturity. The sinking fund shall remain inviolate 
and pledged to the payment of said loan and shall be used 
for no other purpose : provided, that the said town or fire 
district may instead of establishing said sinking fund, pay 
the principal of said loan by annual instalments not ex- 
ceeding the sum of two thousand dollars in one year. 
The said fire district shall assess and collect upon the 
estates, real and personal, in said fire district 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 notes, scrip or certificates of debt issued as afore- 
said by said fire district, and to make such contributions 
to the sinking fund, or payments on the principal as may 
be required under this act. 

Sectiox 7. The town of Dalton may, upon a two- 
thirds vote of the legal voters present and voting thereon 
at a legal meeting called for the purpose, guarantee the 
payment of said notes, scrip or certificates, provided such 
meeting is held within one year from the acceptance of 
this act by said fire district. 

Section 8. Whoever wilfully or wantonly corrupts, 
pollutes or diverts any of the water taken under this act, 
or destroys or injures any dam, conduit, hydrant, machin- 
ery or other works or property held, owned or used by 
said district under authority of and for the purposes of 
this act, shall forfeit and pay to the said district three 
times the amount of damage assessed therefor, to be re- 
covered in an action of tort ; and on conviction of any of 
the acts aforesaid may be punished by a fine of not less 
than twenty nor more than three hundred dollars or by 
imprisonment in jail not exceeding one year, or by an 
infliction of both the above penalties. 

Section 9. 
for the acceptance of this act, or at any legal meeting 
called for this purpose, three persons shall be elected by 
ballot to contract for and superintend the construction 
and completion of the water works, who shall exercise all 
rights, powers and privileges for that purpose herein 
granted, subject however to instructions and directions of 
the tire district, who shall constitute a board of water 
commissioners ; one of said three persons shall be elected for 
a term ending on the day of the annual meeting of said fire 
district, in April, eighteen hundred and eighty-five ; one 



At the meeting of said fire district called 



1884. — Chapter 138. 119 

for a term one year longer than the first ; and one for a 
term two years longer than the first ; after which first elec- 
tion one member of said board, as the term of each incum- 
bent expires, shall be elected at the annual district meet- 
ing to serve for the term of three years. The said com- To be trustees 
missioners shall be trustees of the sinking fund herein fund.^ "" '"^ 
provided for. Said board of commissioners shall have 
charge of the water works and may fix the price or rent 
for the use of w'ater, and may exercise all the rights, 
powers and authority granted to said district by this act 
relative to such duties, subject however to such instruc- 
tions, rules and regulations as said district may impose 
by its vote, and a majority of said board of commissioners 
shall constitute a quorum for the transaction of business 
relative to the water works and the sinking fund. Any vacancies in 

•11 If • • c board. 

vacancy occurring in said board ot commissioners trom any 
cause may be tilled by said district at any legal district meet- 
ing, for the unexpired term. 

Section 10. This act shall take effect upon its passage ; No expenditure 
but no expenditure shall be made or liability incurred accepted by a 
under the same, except for preliminary surveys and esti- o7*tiie dietrlctf 
mates, unless this act shall first be accepted by a vote of 
two-thirds of the legal voters of said fire district present 
and voting thereon at a legal meeting called for that pur- 
pose within three years from the passage of this act ; the 
number of said meetings called for that purpose in any one 
year not to exceed two. Approved April 7, 1884. 

An Act to incorporate the new England assurance associa- (7Aa^.l38 

TION. 

Be it enacted, etc., asfolloios: 

Section 1. Julius L. Clarke, Stillman B. Allen, Josiah corporators. 
S. Robinson, Eben D. Jordan, Charles Marsh, Moody 
Merrill, Albert Bowker, Nathaniel J. Bradlee, John 
Spaulding, James M. Burgess, Emery O. Bicknell, 
Stephen H. Rhodes, Joel Goldthwait, and Frederick 
Pope, their associates and successors, are made a corpora- 
tion by the name of the New England Assurance Associa- Name. 
tion, for the purposes hereinafter set forth ; said corpora- 
tion to have its principal place of business in the city of 
Boston, and to be subject to the provisions of all general 
laws which now are or hereafter may be in force applicable 
thereto. 



120 



1884 — Chapter 138. 



Capital stock 
and eharee. 



May insure 
plate glass. 



Board of 
directors. 



Each stock- 
holder entitled 
to one vote in 
person or by 
proxy. 



Books open^to 
Inspection of i 
tax and insur- 
ance cummis- 
Bioners. 



Trarisfer of 
stock. 



May adopt a 
corporate seal. 



Section 2. The capital stock ot said corporation shall 
be not less than fifty thousand dollars of the par value of 
one hundred dollars per share, and may be increased to 
three hundred thousand dollars, or to any intermediate 
amount by a vote of the stockholders at a meeting legally 
called for that purpose, the same to be invested in accord- 
ance with the provisions of section fifty-five of chapter one 
hundred and nineteen of the Public Statutes. 

Section 3. The said corporation is hereby authorized 
and empowered to insure plate glass against loss or dam- 
age by breakage or injury, local or in transit. 

Section 4. The board of directors of said corporation, 
each of whom shall hold in his own right not less than 
five hundred dollars par value of its capital stock, shall be 
classified into three divisions, the official term of the first 
to be limited to one year ; the second to two years ; and 
the third to three years ; but each retiring member shall 
be eligible for re-election, if otherwise qualified therefor. 

Section 5. At every annual election of directors, 
each stockholder, except so far as prohibited by law, shall 
be entitled to one vote in person or by proxy on each 
share of stock owned or held by him in his own right for 
not less than thirty days immediately preceding such 
election. 

Section 6. The books and investments of said corpora- 
tion shall be open to the inspection of the insurance com- 
missioner and of the tax commissioner of the Common- 
wealth ; also to the inspection of the directors and stock- 
holders subject to such rules as their by-laws may pre- 
scribe. No transfer of stock shall be valid unless made 
on waid books and assigned by the shareholder, or hy his 
attorney duly authorized in writing ; and every shareholder 
shall be entitled to a certificate of his or her shares of the 
capital stock of said corporation. 

Section 7. The board of directors shall have power 
to devise and adopt a corporate seal for said corporation ; 
and to exercise all the authority necessary and proper in 
carrying out its legitimate purpose and object, which may 
be consistent with this charter and with the laws of the 
Commonwealth. 

Section 8. This act shall take effect upon its passage. 

Approved April 10, 1884. 



1884. — Chapters 139, 140, 141. 121 

An Act to authorize the town of norton to receive and (7Aax).139 

HOLD CERTAIN PROrEKTY IN TRUST. 

Be it enacted, etc., as folloivs : 

Section one of chapter two hundred and forty-six of the Town may re- 

„, .*, , ,, I'lii ' ceive property 

acts of the year eighteen hundred and eighty-three, is from cyms 
hereby amended so as to read as follows : — The town of thesamr'iu ° 
Norton is hereby authorized to receive from Cyrus Hicks '^'■"*'- 
of Boston the sum of four thousand dollars, the same to 
be forever held in trust for the following purposes, to 
wit : — one half of the income of said fund shall be appro- 
priated by said town towards defraying its ordinary ex- 
penses ; and the other half of said income shall be appro- 
priated for the purposes set forth in the declaration of 
trust, dated June thirtieth, eighteen hundred and eighty- 
three, signed by said Cyrus Hicks, and recorded with the 
town clerk of said town of Norton. 

Approved April 10, 1884. 

An Act to provide for the attendance of an officer at Ch(Xp.\4Q 

THE SESSIONS OF THE PROBATE COURT AND THE COURT OF IN- 
SOLVENCY IN THE COUNTY OF SUFFOLK. 

Be it enacted, etc., asfolloics: 

Section 1. The judge of probate and insolvency for constable to be 
the county of Suffolk shall appoint a constable of the city j mi ge to attend 
of Boston to attend upon the sessions of the probate court coiTrt!"^" 
and the court of insolvency for said county and to serve 
such orders, precepts and processes issuing therefrom, 
or from the judge thereof, as may be committed to him ; 
and said ofdcer shall receive from the treasury of said ^^^^^y- 
county a salary of twelve hundred dollars per annum to be 
paid in monthly instalments. 

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

Approved April 10, 1884. 

An Act relating to sessions of probate courts which occur (JJiap.\4:l 

ON LEGAL HOLIDAYS OR ON THE DAY OF THE NATIONAL OR STATE 
ELECTION. 

Be it eriacted, etc., as follows : 

Section 1. Whenever a regular term of any probate when term 

111.1 1 T /> occurs on holi- 

court shall occur on a legal holiday or on the. day ot any day, orstateor 
national or state election said probate court shall be held day,"court ^ be 
on the next secular day thereafter ; and all notices, cita- B^cuia^day.' 
tions, orders and other papers which are made returnable 



122 1884. — Chapters 142, 143, 144. 

to said regular term shall be held and deemed returnable 
to said next secular day, and the proceedings thereon shall 
be held and deemed to be of the same force and validity 
as if said notices, citations, orders and other papers had 
been made returnable to said next secular day. 

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

Approved April 10, 1834. 

Chap. 142 An Act to authorize the town of Manchester to lay out a 

TOWN WAY AND BUILD A BRIDGE ACROSS A TIDE WATER CREEK 
IN SAID TOWN. 

Be it enacted, etc., as follows: 
Townmay build SECTION 1. The towii of Manchester subiect to the 
tidewater pi'ovisious of chapter nineteen of the Public Statutes is 
hereby authorized to lay out a town way and to build and 
maintain a bridge without a draw therein, from the north- 
eastern point of land known as Little Crow Island, at 
Black Beach, so called, in said town, across a tide water 
creek to a point opposite or nearly opposite on the east- 
erly side of said creek. 

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

Approved April 10, 1884. 

(7/^tt/?.143 An Act TO CONFIRM the PROCEEDINGS OF CERTAIN TOWN MEET- 
INGS OF THE TOWN OF WALTHAM. 

Be it enacted, etc., as folloios : 
Proceedings at SECTION 1. The proceediuojs of the town meetings of 

town ni66tintf8 A o c 

ratified. the town of Waltham, held between the third day of June 

in the year eighteen hundred and seventy-two and the 
sixth day of November in the year eighteen hundred and 
eighty-three, shall not be invalid by reason of failure to 
notify and hold said meetings in accordance with the by- 
laws of said town. 

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

Approved April 10, 1884. 

Ch(ip.l4:4: An Act relating to the episcopal parish in marblehead. 

Be it enacted, etc., as folloios : 
Communicants Section 1. The communicauts of the Eplscopal Parish 
originally ^ in Marblchead, and those persons who shall hereafter 
prieto''rs.^'* ^'°' bccomc commuiiicants thereof, shall have all the powers 
1799,28. granted to the proprietors of appropriated pews by chap- 

ter twenty-eight of the acts of the year seventeen hundred 



1884. — Chapters 145, 146. 125 

and ninety-nine, incorporating said parish, and shall be 
subject to all the liabilities imposed upon said proprietors 
by said act. 

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

Approved April 10, 1884. 

An Act to amend an act relating to supplying the city of (J]iaj) I45 

WORCESTER WITH PURE WATER. 

Be it enacted, etc., as follows: 

Section 1. The third section of chapter two hundred ^g^'"!,''.^^"" 
and sixty-eight of the acts of the year eighteen hundred 
and eighty-one is hereby amended by striking out all after 
the word " dollars," and substituting in place thereof the 
following: " subject to the provisions of chapter twenty- 
nine of the Public Statutes." 

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

Approved April 10, 1884. 

An Act making appropriations for expenses authorized the Ol^rij) 146 

PRESENT YEAR. ^ * 

jBe it enacted, etc., as follows: 

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

For the Massachusetts charitable eye and ear infirmary. Eye and ear 
ten thousand dollars, as authorized by chapter four of the '"'''■'"'"■>'• 
resolves of the present year. 

For Rufus R. Wade, five hundred and forty-eight dol- RufusR.wade. 
lars, as authorized by chapter five of the resolves of the 
present year. 

For the Fitchburg cooperative bank, eighty-three dol- Fit<ii burg coop- 
lars and fifty cents, as authorized by chapter seven of the """^'^ '''■*"'^- 
resolves of the present year. 

For George White, seven hundred and fifty dollars, as George white. 
authorized by chapter eight of the resolves of the present 
year. 

For building coal sheds at the state prison at Concord, state prison at 
six thousand dollars, as authorized by chapter ten of the 
resolves of the present year. 

For the trustees of the Massachusetts soldiers' home, in soidiirs' hom© 
Chelsea, fifteen thousand dollars, as authorized by chapter letu.''^'''''''"' 
seventeen of the resolves of the present year. 



124 



1884. — Chapter 147. 



bureau c'r*^ '° FoF the Salary of the second clerk in the bureau of 
BtatisucBof statistics of labor, one thousand three hundred dollars, as 
authorized by chapter four of the acts of the present year. 
Executive clerk. p^j. ^j^g salary of the executive clerk, three hundred dol- 
lars, as authorized by chapter eight of the acts of the pres- 
ent year, the same to be iu addition to the amount hereto- 
fore appropriated. 

For extra clerical assistance in the department of the 
secretary of the Commonwealth, one thousand dollars, as 
authorized by chapter fifteen of the acts of the present 
year, the same to be in addition to the amount heretofore 
appropriated. 

For the salary of the messenger to the governor and 
council, one hundred dollars, as authorized by chapter 
thirty-eight of the acts of the present year, the same to be 
in addition to the amount heretofore appropriated. 

For extra clerical assistance in the office of the secretary 
of, and for lectures before, the board of agriculture, four 
hundred dollars, as authorized by chapter sixty-six of the 
acts of the present year, the same to be in addition to the 
amount heretofore appropriated. 

For Hiram P. Harriman, five hundred and twenty dol- 
lars, as authorized by chapter eighteen of the resolves of 
the present year. 

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

Approved April 10, 1884. 
Chap.\4:7 An Act pkovidixg for the removal of the remains of the 

DEAD FROM THE ADAMS STREET CEMETERY IN ABINGTON. 

Be it enacted, etc., as follows: 

Section 1. The town of Abington is hereby author- 
ized under the direction of its selectmen and board of 
health to remove the remains of the dead and the monu- 
ments erected to their memory from the old burial ground 
on Adams Street near Birch Street in said town, now 
owned by Joseph Cleverly : provided, however, that the 
selectmen of said town shall first give thirty days' notice 
in a newspaper published in said town that said removal 
is intended ; and provided, further, that the owners of 
said land shall first waive in writing all claim for damage 
resulting to said land from such removal. Said remains 
so removed shall be interred in Mount Vernon Cemetery 
in said town and said monuments or other suitable mon- 
ument or monuments erected in said cemetery ; if how- 



Clerical 
assistance In 
office of secre- 
tary of the Com- 
monwealth. 



Messenger to 
governor and 
council. 



Board of agri- 
culture, clerical 
assistance and 
lectures. 



Hiram P._Harri- 
man. 



May remove 
remains of 
dead, etc., 
from old burial 
ground. 



Notice to be 
published. 



Claims for dam. 
ages to be 
waived. 

Remains to be 
removed to 
Mount Vernon 
Cemetery. 



1884. — Chapters 148, 149. 125 

ever the relatives or friends of those whose remains are so 
removed shall so request in writing, said remains shall be 
interred and said monuments erected in any authorized 
cemetery in this Commonwealth, said relatives or friends 
first paying the expense of the removal and interment. 

Section 2. Said town is hereby authorized to purchase May purchase 
and take conveyances of such lot or lots in said Mount '"''^' 
Vernon Cemetery as may be necessary for carrying out 
the purposes of this act. 

Section 3. Said town is hereby authorized at any May raise 
legal town meeting called for that purpose to raise by taxu- "axation/ 
tion and appropriate for the purposes of this act a sum not 
exceeding tive hundred dollars. 

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

Approved April 11, 1884. 

An Act to incorporate the Greenfield rural club. (7/iff?9.148 

Be it enacted, etc., as follows : 

Section 1. Anson K. Warner, James S. Grinnell, Greenfield 
C. Mason Moody, their associates and successors, are incorporated. 
hereby made a corporation by the name of the Greenfield 
Rural Club, for the purpose of beautifying and ornament- 
ing the public streets, highways, squares and parks, and 
of acquiring land for and laying out and improving new 
parks for the use of the public, in the town of Green- 
field ; and said corporation shall have all the powers and Powers and 
be subject to all the duties, restrictions and liabilities set 
forth in all general laws which now are or hereafter may 
be in force applicable to such corporations. 

Section 2. Said corporation shall have authority to May receive 
receive, take, hold and invest any gifts, grants, donations <^°"'"'°"*- 
or bequests for the uses and purposes of its organization, 
and for these uses and purposes may hold real and personal Estate of 

,,,, ^. e 4. i.- i^ .. $60,000 ex- 

estate, to be exempt trom taxation, to an amount not ex- emptedfrom 
ceeding fifty thou.sand dollars. '=*'^='''°"' 

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

Approved April 11, 1884. 

An Act to increase the number of the trustees of the state 

lunatic hospitals. 
Be it enacted, etc., as follows : 

Section 1. The boards of trustees of each of the state Trustees to 
lunatic hospitals established by section four of chapter men alid^two* 
eighty-seven of the Public Statutes shall consist of seven '^°™^"- 



Chap.liQ 



126 



1884. — Chapters 150, 



151, 152. 



To take effect 
July 1, 1884. 



Special meet- 
ings may be 
held. 



Notice to bo 
given of all 
meetingB. 



persons, five of whom shall be men and two of whom shall 
be women. So much of said section four as is incon- 
sistent with this act is hereby repealed. 

Section 2. This act shall take effect on the first day 
of July eighteen hundred and eighty -four. 

Approved April 11, 1884. 

Chat) A 50 ^^ ^^"^ CONCERNING MEETINGS OF SAVINGS BANKS AND INSTITUTIONS 

FOR SAVINGS. 

Be it enacted, etc., asfoUoics: 

Section 1. Section sixteen of chapter one hundred 
and sixteen of the Public Statutes is amended so as to read 
as follows : — every such corporation may at any time 
hold special meetings by order of its trustees ; and its 
treasurer shall also notify special meetings upon the requi- 
sition in writing of any ten members of the corporation. 
Notice of all meetings shall be given by public advertise- 
ment in some newspaper in the county where the corpora- 
tion is established and by seasonably mailing to every 
member a written or printed notice of such meeting. 

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

Approved April 11, 1884. 

ChClvA5^ ^^ ^^^ ^^ AUTHORIZE AVELLESLEY COLLEGE TO HOLD ADDITIONAL 

REAL AND PERSONAL ESTATE. 

Be it enacted, etc., as follows: 

Section 1. Wellesley College is hereby authorized to 
hold real and personal estate, in the manner and for the 
purposes set forth in its charter, to an amount not exceed- 
ing five million dollars : provided, that no lauds in the 
town of Wellesley owned or occupied by said college for 
the purposes set forth in its charter shall be exempt from 
taxation, except lands now so owned and occupied by said 
college and the " Webber estate" when said " Webber es- 
tate " shall come into its possession, but the " Gray estate " 
shall not be exempt. 

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

Approved April 11, 1884. 

C'^a».152 -^ •^^'^ RELATING TO THE RELEASE OF PRISONERS UPON PROBATION. 

Be it enacted, etc., as follows: 

Permit of Section 1. If the holdcr of a permit to be at liberty, 

fiberty7to°be- granted uudcr the provisions of section sixty-eight of chap- 



Estate not to 
exceed $5,000,- 
000. 



Proviso. 



1884. — Chapter 152. 127 

ter two hundred and twenty, or of section fifty-two of ^°JJ^j^;J°jj'^'^|!g 
chapter two hundred and twenty-one, or of section twenty violated. 
of chapter two hundred and twenty-two of the Public 
Statutes, shall violate any of the terms or conditions of 
said permit, or any law of this Commonwealth, such vio- 
lation shall of itself make void said permit. 

Section 2. When any permit granted as aforesaid, '^^y}^^.^- 

iTiiiii'i !• 1 manded if per- 

has been revoked by the board which granted it, or has mit has been 

, . ^ i-'i'ii !• 1 revoked or lias 

become void, as aioresaid, said board may issue an order become void. 
authorizing the arrest of the holder of said permit, and 
his return to the place of confinement from which he was 
released thereunder. Said order of arrest may be served 
by any officer authorized to serve civil or criminal process 
in any county in this Commonwealth. The holder of said 
permit, when returned to the place of confinement from 
which he was released under said permit, shall be detained 
therein according to the terms of his original sentence ; 
and in computing the period of his confinement, the time 
between his release upon said permit and his return to 
said place of confinement, shall not be taken to be any 
part of the term of the sentence. 

Section 3. Warrants issued before the passage of this service of war. 
act, under the provisions of section twenty-one of chapter before passage 
two hundred and twenty-two of the Public Statutes, which °^ *'*'*<='• 
have not been served, may be served at any time hereafter, 
and if the person for whom said warrant has been issued 
is held in any prison, he may upon said warrant be brought 
before the court by which it was issued, and ma}' be re- 
manded by said court, as provided in said section, and the 
order of remand issued by said court shall take effect when 
said person is discharged from said prison. 

Section 4. No person ^hall hereafter be released, Provisions of 

• . T* fl 220 5 6S 

under the provisions of section sixtj'-six of chapter two to apply to per- 
huudred and twenty of the Public Statutes, except in ac- unTerp:T22o, 
cordance with the provisions of section sixty-eight of said ^ '^^• 
chapter, and all the provisions of law relating to persons 
released under said section sixty-eight shall apply to 
persons released under said section sixty-six. 

Section 5. All acts and parts of acts inconsistent iiepeai. 
herewith are hereby repealed. 

Section 6. This act shall take effect upon its passage. 

Approved April 14^ 1884. 



128 



1884. — Chapters 153, 154. 



Chap.liBS ^^ ^^^ "^^ AUTHORIZE THE BOSTON AND LOWELL RAILROAD CORPO- 
RATION TO UNITE AND CONSOLIDATE WITH CERTAIN RAILROADS 
NOW LEASED OR OPERATED BY IT, AND TO PURCHASE THE PROPERTY, 
RIGHTS AND FRANCHISES OF SAID RAILROADS, AND INCREASE ITS 
CAPITAL STOCK THEREFOR. 



Boston and 
Lowell Railroad 
Corporation 
may unite with 
certain other 
railroad cor- 
porations. 



May increase 
capital stock. 



Be it enacted, etc., as follows: 

Section 1. The Boston and Lowell Railroad Corpora- 
tion is hereby authorized to unite and consolidate with any 
or all of the following named railroad corporations now 
leased or operated by it, viz. : The Nashua and Lowell 
Railroad Corporation, the Stony Brook Railroad Company, 
the Wilton Railroad Company, the Peterborough Railroad 
and the Manchester and Keene Railroad ; and when thus 
united said corporations shall constitute one corporation 
under the name of the Boston and Lowell Railroad Com- 
pany ; and all the provisions of the acts of incorporation 
of the corporations so uniting and becoming one corpora- 
tion not inconsistent with this act, and all their rights, 
duties and liabilities shall belong to and be borne by the 
corporation created by such union ; but said united corpo- 
ration shall be subject to all general laws now or hereafter 
passed relating to railroad corporations, and to the pro- 
visions of section three of chapter one hundred and five of 
the Public Statutes. And said Boston and Lowell Rail- 
road Corporation is further authorized to purchase and 
hold the stock, bonds, property and franchises of any and 
all of said railroad corporations leased or operated as 
aforesaid, but such union or purchase shall be only upon 
such terms and conditions as shall be approved by the 
stockholders at meetings duly called for that purpose. 

Section 2. The Boston and Lowell Railroad Corpora- 
tion may increase its capital stock so far as may be necessary 
to carry into effect the provisions of this act, subject to 
the general laws of the Commonwealth applicable to such 
increase. 

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

Approved April 15, 1884. 



(Jh(lV'\54: ^^ -^^^ ^^ PREVENT THE POLLUTION OF SOURCES OF WATER 

SUPPLY. 

Be it enacted, etc., as follows: 
Injunction Section 1. The suprcmc judicial or superior court, 

^^p^olisTons 0° in term time or vacation, upon the application of the 

p. S. 80, § 96. 



1884. — Chapters 155, 156, 157. 129 

mayor of a city or the selectmen of a town interested, may 
grant an injunction against any violation of the provisions 
of section ninety-six of chapter eighty of the Public Stat- 
utes. 

Section 2. Sections ninety-eio;ht, ninety-nine and one Repeal of p. s. 

80 §6 98 100 

hundred of chapter eighty of the Public Statutes are 
hereby repealed. 
Section 3. This act shall take effect upon its passage. 

Apjyroved April 16, 1884. 

An Act relating to the establishment of union county (j/ianA55 

TRUANT SCHOOLS. 

Be it enacted, etc., as folloivs : 

Section 1. Three or more cities or towns in each of [J°'^°JJ^^°^^*y 
two, three or four contiguous counties may require the 
county commissioners of such counties to establish union 
truant schools as provided by section fourteen of chapter 
forty-eight of the Public Statutes. 

Section 2. So much of said section fourteen as relates Repeal. 
to the case of Norfolk, Bristol, Barnstable and Plymouth 
counties is hereby repealed. Approved April 16, 1884. 

An Act to dissolve the farm pond fishing company in edgar- Ohcip.^5Q 

TOWN. 

Be it enacted, etc., as folloivs: 

Section 1. The Farm Pond Fishing Company in corporation 
Edgartown, incorporated by chapter two hundred and isse^m." 
eleven of the acts of the year eighteen hundred fifty-six, 
is hereby dissolved. 

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

Approved April 16, 1884. 

An Act to discontinue a part of the location of the QJiap.l^l 

NORWICH AND WORCESTER RAILROAD IN THE CITY OF WORCES- 
TER. 

Be it enacted, etc., as follows: 

Section 1. The Norwich and Worcester Railroad ^^o^^*!"";;,*"^^^ 
Company may within two years, and if not done in two 
years shall within four years from the passage of this act, 
discontinue the present location of its railroad between 
the south line of Park street and the south line of Madison 
street in the city of Worcester ; and upon its discontinuance 
all tracks across Myrtle, Southbridge and Madison streets, 
on said location so discontinued, shall be forthwith 



discontinued. 



130 



1884. — Chapter 157. 



Norwich and 
Worcester 
Eailroad may 
take land for 
station pur- 
poses, yard 
room, etc. 



Locations to be 
filed within 
four years. 



May sell certain 
land. 



Liability for 
damages. 



May issue 
bonds, and 
secure by 
mortgage. 



removed therefrom unless allowed to remain temporarily 
by the mayor and aldermen of said city. 

Section 2. The Norwich and Worcester Railroad 
Company may, at any time within four years from 
the passage of this act, take and hold by purchase or 
otherwise so much of the land lying southerly of Madison 
street in the city of Worcester, or south-easterly of the 
location of the Boston and Albany Railroad Company in 
said Worcester, as it may deem necessary or suitable for 
station purposes, and for tracks and yard room to be used 
in connection therewith, and may discontinue any part of 
its location the use of which is not necessary on account 
of a chanoje in the location of its freight station. 

Section 3. The said railroad company shall file with 
the county commissioners of the county of Worcester, the 
locations of all land so taken by them, within four years 
after the passage of this act. 

Section 4. The said railroad company may sell and 
convey all their right, title and interest in and to any land 
owned or occupied by them between the south side of 
Park street and the south side of Madison street in the 
city of Worcester, and in all other land which they may 
deem it unnecessary to occupy by reason of the discontin- 
uance of any part of the location of said road. 

Section 5. In the exercise of the powers granted by 
this act the said railroad company, and any person or cor- 
poration sustaining damage, shall have all the rights, 
privileges and remedies, and be subject to all the duties, 
liabilities and restrictions which are or may be provided 
by the general laws in like cases, except as herein other- 
wise provided. 

Section 6. To provide for the expenditures authorized 
or required of the Norwich and Worcester Railroad Com- 
pany by this act, the said company may issue a sufficient 
amount of its bonds to produce the required amount, in- 
cluding the proceeds of the land sold by them under the 
fourth section of this act, said bonds bearing a rate of 
interest not exceeding six per cent, per annum, and pay- 
able at a period not exceeding twenty years, and the said 
railroad company may if it deems it expedient secure the 
same by a mortgage of the whole or any part of said rail- 
road. Approved April 16, 1884. 



1884. — Chapters 158, 159. 131 

An Act in relation to the sale of intoxicating liquors. Chap.158 
Be it enacted, etc., as follows: 

The fourth clause of section nine of chapter one hundred Liquor not to 
of the Public Statutes is hereby amended so as to read as son supported 
follows : — Fourth, That no sale or delivery of liquor shall chan'ty.^'^ 
be made on the premises described in the license to a 
person known to be a drunkard, to an intoxicated person, 
or to a person who is known to have been intoxicated within 
the six months n€xt preceding, or to a minor, either for his 
own use, the use of his parent, or of any other person, or 
to a person known to have been supported in whole or in 
part by public charity at any time during the twelve 
months next preceding the date of the license. 

Approved April 16, 1884. 

An Act authorizing the newburyport and amesburt horse nj^ffrY) 1^)9 

RAILROAD company TO ISSUE MORTGAGE BONDS. "' 

Be it enacted, etc., as follows: 

Section 1. The Newburyport and Amesbury Horse May issue bonds 
Railroad Company, for the purpose of extinguishing its floaMngd"ebt 
floating debt, may, at a meeting called for the purpose, 
by the vote of a majority in interest of its outstanding 
stock, issue coupon or registered bonds, drawing interest 
at a rate not exceeding six per cent, per annum, to an 
amount not exceeding thirty thousand dollars, for a term 
not exceeding twenty years from the date thereof ; and to May mortgage 
secure the payment of said bonds and the interest thereon propm^y.''"'^ 
may make a mortgage of its road and franchise and any 
part or all of its real and personal property, and may in- 
clude in such mortgage property hereafter to be acquired ; 
said company may in such mortgage reserve to its directors May reserve 
the right to sell or otherwise dispose of, in due course of "ertlili^mon- 
business, property included in such mortgage which may ff^lquiva'ientia 
become worn, damaged or otherwise unsuitable to be used substituted. 
in the operation of its road : provided, that an equivalent 
in value be substituted in lieu thereof. 

Section 2. All bonds, as herein before provided, shall Bonds to be 
be issued at not less than par, and shall first be approved less than par, 
by some person appointed by the corporation for that pur- fled that^hly'' 
pose, who shall certify upon every such bond that it is f^guedTu"'^ 
properly issued and recorded, and all proceeds accruing recorded. 
from the sale of such bonds shall first be applied to the 



132 



1884. — Chaptees 160, 161. 



City of Taunton 
may increase 
its water loan. 



payment of any and all debts contracted previous to the 
first day of July, eighteen hundred and eighty-three. 
Section 3. This act shall take effect upon its passage. 

Approved April 16, 1884. 

ChanJlQO -^^ ■'^CT to authorize the city of TAUNTON TO INCREASE ITS 

WATER LOAN. 

Be it enacted, etc., asfolloivs: 

Section 1. The city of Taunton, for the purposes 
mentioned in chapter two hundred and seventeen of the 
acts of the year eighteen hundred and seventy-five, and 
chapter seventy-four of the acts of the year eighteen hun- 
dred and eighty, may issue notes, scrip, bonds or certifi- 
cates of debt to be denominated on the face thereof 
"Taunton Water Loan," to an amount not exceeding 
one hundred thousand dollars, in addition to the amounts 
which said city is now authorized to issue, payable at 
periods not exceeding thirty years from the date of issue 
and, except as herein otherwise provided, to be issued on 
the same terms and conditions and with the same powers 
as are provided in said chapter two hundred and seven- 
teen for the issue of bonds of said city : provided, that 
the whole amount of such water scrip, notes, bonds or 
certificates of debt issued by said city for the purposes of 
said water loan hereunder and under said chapter two 
hundred and seventeen and the acts in addition thereto, 
shall not in any event exceed the amount of five hundred 
and tifty thousand dollars. 

Section 2. This act shall take efiect upon its passage, 
but shall become void unless accepted by vote of the city 
council of the city of Taunton. 

Approved April 16, 1884. 



Whole amount 
not to exceed 
$550,000. 



n}iar).\Q>\ ^'^ -^^'^ ^^ ESTABLISH A STANDARD MEASURE FOR CRANBERRIES. 

Be it enacted, etc., as follows: 

Section 1. Section twenty of chapter sixty of the 
Public Statutes is amended to read as follows : — The 
legal and standard measure of a barrel of cranberries 
shall be one hundred quarts and of a crate of cranberries 
thirty-two quarts, level measure, and every manufacturer 
of barrels or crates for cranberries shall brand or mark 
plainly his name and the words " Massachusetts standard 
measure," upon all such barrels or crates. 



standard 
measure for 
cranberries. 



Barrels to be 
branded. 



1884. — Chapters 162, 363, 164. 133 

Section 2. Whoever brands or marks upon any bar- Penalty. 
rel or crate for cranberries of a less capacity than the 
above, the words " Massachusetts standard measure," 
shall forfeit for every such oflFence the sum of two dollars, 
to be recovered in an action of tort to the use of the per- 
son bringing the action. Approved April 16, 1884. 

An Act relative to the disposition of residues from sales (7^a7).162 

OF REAL estate FOR UNPAID TAXES. 

Be it enacted., etc. , as folloius : 

Section 1. When real estate is sold by the collector Residue from 

t> , n •. i -Til i.* sale to be de- 

er taxes or any city or town, as provided by section posited in 

thirty-five of chapter twelve of the Public Statntes, it jj'e'palfiV'^*" 

shall be the duty of such collector, after satisfying the ^^jJJand?"" 

taxes and charges, to deposit the balance, if any, in the 

treasury of such city or town ; and such city or town 

shall pay such balance to the owner of the estate upon 

demand. 

Section 2. So much of said section thirty-five of Repeal. 
chapter twelve of the Public Statutes as is inconsistent 
■with this act is hereby repealed. 

Section 3. This act shall take efi'ect upon its passage. 

Approved April 16, 1884. 



CJiapim 



An Act to authorize towns or cities to compensate inspect- 
ors OF VINEGAR. 

Be it enacted, etc., asfolloivs: 

Section 1. Cities or towns which have at any time inspectors of 
appointed inspectors under the provisions of chapter one compensated. ^ 
hundred and thirteen of the acts of the year eighteen hun- 
dred and eighty are hereby authorized to compensate 
them for such services as they may have rendered. 

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

Approved April 16, 1884. 



Cha2).164t 



An Act authorizing the eastern railroad company to ex- 
tend ITS road in the town OF ESSEX. 

Be it enacted, etc., asfolloivs: 

Section 1. The Eastern Railroad Company is hereby May extend 
authorized to extend its road from its present terminus in 
the town of Essex to a point at or near the shoe factory 
on the south side of the Essex River. 



134 



1884. — Chapter 165. 



May take land, 
and build 
bridge across 
Mill Creek. 



Manner of con- 
struction, etc., 
subject to ap- 
proval by har- 
bor and land 
commissioners. 



Subject to 
general laws. 



Section 2. The Eastern Railroad Company shall 
have all the powers requisite to take land for, lay out, 
build, maintain and operate the extension of its road 
contemplated in the first section of this act. Said com- 
pany for the purposes aforesaid may build and maintain 
a bridge across Mill Creek without a draw unless re- 
quired by the harbor and land commissioners ; said 
bridge to have a free passage way beneath it sixteen feet 
in width and four feet in height above the level of the 
marsh. This section, so far as it relates to the location 
of said bridge, the draw in it, the width and height of the 
passage way beneath it and manner of constructing it, 
shall be subject to amendment and approval by the 
harbor and land commissioners. 

Section 3. Said railroad company, so far as relates to 
said extension, shall be subject to all general laws now in 
force, or that may be hereafter enacted, which are appli- 
cable to said extension. 

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

Approved April 19, 1884. 

Ch(ip,\Q5 ^^ -^^^ "^^ AUTHORIZE THE TOWN OF "WALTHAM TO ISSUE ADDI- 
TIONAL WATER BONDS. 

Be it enacted, etc., as follmos: 
TownofWai- Section 1. The town of Waltham, for the purposes 

tbam may issue , ,. , , , ttt.i-, e 

additional water mentioned HI Chapter three hundred and thirty-seven or 
the acts of the year eighteen hundred and seventy-two, by 
a vote of two-thirds of the legal voters present and voting 
thereon at a legal meeting, may issue from time to time 
bonds, notes, scrip or certificates of debt to be denom- 
inated on the face thereof " Waltham Water Bonds," to 
an amount not exceeding one hundred thousand dollars in 
addition to the amounts heretofore authorized by law to 
be issued by said town for the same purposes. Said 
bonds, notes, scrip or certificates of debt to be issued with 
or without coupons upon the same terms and conditions 
and with the same powers as are provided in said chapter 
three hundred and thirty-seven for the issue of the 
" Waltham Water Bonds " by said town: provided, that 
the whole amount of such bonds, notes, scrip or certifi- 
cates of debt issued by said town together with those 
heretofore issued and outstanding for the same purposes 
shall not at any time exceed the amount of four hundred 
and fifty thousand dollars. 



bonds. 



Whole amount 
not to exceed 
$450,000. 



1884. — Chapters 166, 167. 135 

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

Approved April 19, 1884. 

An Act relating to the printin& and distribution of the (Jfiart.XQQ 

LAWS AND PUBLIC DOCUMENTS. 

Be it enacted, etc., as follows: 

Section 1. Fire thousand and five hundred copies of ^^""^erof 

* copies of " Blue 

the volume of the acts and resolves of the Commonwealth, Book." 
provided for in section one of chapter four of the Public 
Statutes, shall be printed annually. 

Section 2. There shall be printed annually, on or Number of 
before the assembling of the general court, or as soon ^n'repons'' 
thereafter as possible, the number of copies of documents 
and reports herein specified : — Report of registration of 
births, marriages and deaths, two thousand copies. Re- 
port of librarian of state library, fifteen hundred copies. 
Reports of trustees of the lunatic hospitals at Northampton, 
Taunton, Worcester, Danvers, the state workhouse at 
Bridgewater, and of the state almshouse, fifteen hundred 
copies each. 

Section 3. So much of chapter four of the Public Repeal. 
Statutes as is inconsistent herewith is hereby repealed. 

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

Aj)proved April 19, 1884. 

An Act to incorporate the orange water works. Chctp.lGI 

Be it enacted, etc., as follows. • 

Section 1. William L. Grout, Abijah French, John orange water 
W. Wheeler, Allen Schenck, Solon L. Wiley, their asso- J^^atd!''"""' 
ciates and successors, are made a corporation by the name 
of the Orange Water Works, for the purpose of furnish- 
ing the inhabitants of Orange with water for the extin- 
guishment 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 hereafter may be in force applicable 
to such corporations. 

Section 2. Said corporation for the purpose aforesaid May take 
may take, hold and convey into and through the towns of water rights. 
Warwick and Orange or any parts thereof the water so 
far as may be necessary for the purpose of Long Pond in 
Warwick or North Pond in Orange, so called, within said 
towns, and the waters which flow into and from the same 



136 



1884. — Chapter 167. 



May "dig up 
land and lay 
down water 
pipes. 



To have re- 
corded in regis- 
try of deeds a 
description of 
the land, etc.,| 
taken. 



Liability for 
damages. 



together with any water rights connected therewith ; and 
may take and hold by purchase or otherwise any water 
rights, rights of way or easements connected therewith 
and any real estate necessary for the preservation and 
purity of such waters, or for forming any dams or reser- 
voirs to hold the same, or for laying or maintaining aque- 
ducts and pipes for distributing the waters so taken and 
held ; and may lay its water pipes through any private 
lands with the right to enter upon the same and dig there- 
in for the purpose of making all necessary repairs or 
service connections ; and for any of the purposes aforesaid 
may carry its pipes under or over any water course, 
street, railroad, highway or other way, in such manner as 
not unnecessarily to obstruct the same ; and may, under 
direction of the selectmen or road commissioners, enter 
upon and dig up any road or other way for the purpose 
of laying or repairing its aqueducts, pipes or other works, 
and in general may do any other acts and things conven- 
ient and proper for carrying out the purposes of this act. 

Section 3. Said corporation shall within sixty days 
after taking any lands, rights of way, water rights, water- 
sources or easements under the provisions of this act 
otherwise than by purchase, file and cause to be recorded 
in the registry of deeds for the county of Franklin a de- 
scription thereof sufficiently accurate for identification, 
with a statement of the purposes for which they are so 
taken, and the title of the lands and water rights so taken 
shall vest in said 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 injured in 
property by any of the acts of said corporation under this 
act, and failing to agree with said corporation as to the 
amount of damages, may have the same assessed and 
determined in the manner provided when land is taken for 
highways ; but no application shall be made to the county 
commissioners for the assessment of damages for the 
taking of water rights until the water is actually taken and 
diverted by said corporation. Any jierson whose lands, 
rights of way, water rights, water-sources or easements 
are thus taken or afiected may apply as aforesaid within 
three years from the time the water is actually taken or 



1884. — Chapter 167. 137 

diverted, but not thereafter ; and no suit for injury done 
under this act shall be brought after three years from the 
date of the receipt of the alleged injury. 

Section 5. Said corporation may distribnte the water May dutribute 
through said town of Orange ; may establish and fix from M^dwuect 
time to time the rates for the use of said water, and col- '"^''^*' 
lect the same ; and may make such contracts with said 
town, or any fire district that 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 town or such fire district, 
individual or corporation, and said corporation. 

Section 6. Said corporation may hold real estate for Reai estate and 
the purposes set forth in this act to an amount not exceed- '^^'^^ « soc . 
ing fifty 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. Said corporation may at any time issue bonds and May issue bonds 

I •' • /■ I • T I '^^'^ secure by 

secure the same by a mortgage on its franchise and other mortgage. 
property, to an amount equal to the capital stock actually 
paid in and expended under this act. 

Section 7. Whoever wilfully or wantonly corrupts, Penalty for cor- 
pollutes or diverts any of the waters taken or held under diverting water. 
this act, or injures any dam, aqueduct, pipe, conduit, ma- 
chinery or other works or property held, owned or used 
by said corporation under the authority of and for the 
purposes of this act, shall forfeit and pay to the said cor- 
poration three times the amount of damages assessed 
therefor to be recovered in an action of tort ; and on con- 
viction 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. Said corporation may purchase from other May purchase 

^ , , . '■ , . aqueducts, 

owner or owners any aqueducts, pipes, machinery, reser- pipes and 
voir, pumping station, and other works, property, estate "*'='^'"^'y- 
and privileges in said town of Orange now owned or in 
process of construction by other parties, and by such pur- 
chase shall become entitled to all rights and privileges and 
subject to all the liabilities and duties appertaining and 
belonging to said other parties. 

Section 9. The town of Orange shall have the right Town of Orange 
at any time after the passage of this act to purchase the franchise and 
corporate proj)erty and all the rights and privileges of p''°p®"^' 
said Orange Water Works, at a price which may be 



138 



1884. — Chapter 1G8. 



Subject to 
assent by a two- 
thirds vote. 



Security for 
damages may 
be required. 



mutually agreed upon between said corporation and said 
town ; and the said corporation is authorized to make sale of 
the same to said town. In case said corporation and said 
town are unable to agree, then the price to be paid shall 
be determined by three commissioners, to be appointed by 
the supreme judicial court upon application of either part}"" 
and notice to the other, whose award when accepted by 
said court shall be binding upon both parties. This au- 
thority to purchase said franchise and property is granted 
on condition that the same is assented to by said town by 
a two-thirds vote of the voters present and voting thereon 
at an annual meeting, or at a legal meeting called for that 
purpose. 

Section 10. Any owner of land or water rights taken 
under this act, upon application by either party for an 
estimate of damages, may require said corporation to give 
security satisfjictory to the county commissioners for the 
county of Franklin, .for the payment of all damages and 
costs which may be awarded to him for the land or other 
property taken. If upon petition of such owner, with no- 
tice to the adverse party, the security appears to the said 
county commissioners to have become insufficient, they 
shall require said corporation to give further security to 
their satisfaction, and all the right or authority of the 
corporation to enter upon or use said land and other 
property, except for making surveys, shall be suspended 
until it gives the security required. 

Section 11. This act shall take effect upon its pas- 
sage, but shall become void unless said corporation shall 
within three years from the passage hereof commence a 
prosecution of the work herein authorized. 

Approved April 19, 1884. 

Ch(Xp.l.GS ■'^N Act in relation to investments on personal securities 

BY SAVINGS banks AND INSTITUTIONS FOR SAVINGS 

Be it enacted, etc., as follows: 

Section 1. Clause six of section twenty of chapter one 
hundred and sixteen of the Public Statutes, relating to in- 
vestments b}^ savings banks and institutions for savings in 
bonds and other personal securities, is hereby amended by 
adding thereto the following words : '^provided, that the 
total liabilities to any such corporation, of any person, or 
of any partnership, company or corporation for money 
borrowed upon personal security, including in the liabili- 



"Work to be 
commenced 
within tliree 
years. 



Investments on 
personal securi- 
ties limited. 



1884. — Chapters 169, 170, 171. 139 

ties of a partnership or company not incorporated the 
liabilities of the several members thereof, shall at no time 
exceed five per cent, of such deposits and income." 

Section 2. Chapter fifty-six of the acts of the year Repeal of i884, 
eighteen hundred and eighty-four is hereby repealed. 

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

Approved April 19, 1884. 



Chap.Xm 



An Act concerning the penalty for fraudulently obtaining 

entertainment at an inn. 
Be it enacted, etc. , as follows : 

Section 1. Section thirteen of chapter one hundred Penalty for 

1 fiT-iii-f-i • Til •^ ' fraudulently 

and two or the i^ublic Statutes is amended by striking out obtaining enter. 
the words " one hundred dollars," in the last two lines in innT''" 
said section, and inserting in place thereof the words 
*« fifty dollars." 

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

Approved April 19, 1884. 

An Act in relation to attorneys at law. Chccp.VIO 

Be it enacted, etc., as follows: 

Section 1. The word "suit" in section forty-four of jg^*"!^^*^^^-^' 
chapter one hundred fifty-nine of the Public Statutes strued. 
shall be construed to apply to any proceeding, civil or 
criminal, in any court, or before a trial justice. 

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

Approved April 19, 1884. 

An Act to limit the time within which trout, land-locked (JJia7).VJ\ 

SALMON AND LAKE TROUT MAY BE TAKEN. 

Be it enacted, etc., as follows: 

Section 1. The time within which any person is for- Trout, etc., not 
bidden to take, sell, ofier or expose for sale or to have soirbetwTer 
in his possession a trout, land-locked salmon, or lake bcfand first oT* 
trout, by sections fifty-one and fifty-three of chapter ^p"''- 
ninety-one of the Public Statutes, shall be between the 
first day of September and the first day of April. 

Section 2. So much of said sections fifty-one and Repeal. 
fifty-three as is inconsistent with this act is hereby re- 
pealed. Approved April 19, 1884. 



140 



1884. — Chapters 172, 173, 174. 



Chap.172 



Penalty for 
bathing in pub- 
lic ponds. 



Amendment to 
P. 8. 69, §§ 26, 
29, 33. 



VesBels to be 
anchored ac- 
cording to rules 
of the harbor 
master. 



An Act to prevent bathing in public ponds. 
Be it enacted, etc., as follows: 

Whoever bathes in a pond, the water of which is used 
for the purpose of domestic water supply for a city or 
town, shall be punished by fine not exceeding ten dollars. 

Approved April 19, 1884. 

Chap.VIS ^^ ^^"^ relating to harbors and harbor masters. 

Be it enacted, etc., as foliates: 

Section 1. Sections twenty-six, twenty-nine and 
thirty-three of chapter sixty-nine of the Public Statutes 
are amended so as to read as follows : — 

/Section 26. Every master of a vessel within a harbor 
for which a harbor master is appointed shall anchor his 
vessel according to the rules and regulations of the harbor 
master, and shall move to such other place as the harbor 
master may direct ; and every master of a tow boat hav- 
ing a vessel in tow and every pilot having a vessel in 
charge shall allow such vessel to anchor only in such place 
as the rules and regulations of the harbor master pro- 
vide for anchorage. 

Section 29. A harbor master may cause the removal 
of any vessel lying in his harbor and not moving when 
directed by him so to do, and the expense of such removal 
shall be paid by the master or owners of such vessel. In 
case of their neglect or refusal to pay such expense, after 
it has been demanded, it may be recovered in an action 
of contract by the harbor master from the master or owners 
of such vessel, to the use of the city or town in which the 
harbor is situated. 

Section 33. Whoever violates any of the provisions 
of the ten preceding sections or refuses or neglects to obey 
the instructions of a harbor master lawfully given, or re- 
sists a harbor master in the execution of his duties, shall 
be liable to a fine of not more than fifty dollars. 

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

Approved April 19, 1884. 

Ch(lV.V74: ^^ ■^^'^ "^^ PROVIDE FOR THE PUNISHMENT OF EMBEZZLEMENT 
BY OFFICERS AND SERVANTS OF VOLUNTARY ASSOCIATIONS. 

Be it enacted, etc., as folloivs : 
Embezzlement Auy officcr, agfent, clerk or servant of a voluntary as- 

by officer of a, . -» ■» 

voluntary asso- sociatiou or socicty, who embezzles or fraudulently con- 



Harbor master 

may remove 
any vessel not 
moving when 
directed. 



Penalty. 



1884. — Chapters 175, 176, 177. 141 

verts to his owu use, or fraudulently takes or secretes cjation, deemed 

... , ' 1 1 • 1 simple larceny. 

With intent to do so, eflects or property belonging to such 
association or society, or which have come to his posses- 
sion or are under his care by virtue of his office or employ- 
ment, shall be deemed guilty of simple larency. 

Approved April 19, 1884. 

An Act to permit adjournment of sales on execdtion for (JJiarfJYJ^ 

MORE THAN SEVEN DAYS. 

Be it enacted, etc., as follows: 

Section 1. Whenever the sale of property under and ^d'oim?ed^by 
by virtue of an execution is restrained by any court of court granting 

........ ., , Til I injunction. 

competeut jurisdiction, the same may be adjourned by the 
order of the court granting the injunction to await the 
further order of the court upon such injunction. Upon 
the final determination thereof the court may order the 
sale to proceed, and may direct such additional notice of 
the adjourned sale to be given as justice and equity may 
require. 

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

Approved April 19, 1884. 



Chap.176 



An Act to exempt certain property of horticultural soci- 
eties FROM TAXATION. 

Be it enacted, etc., as follows: 

Section 1. Such portions of real estate and buildings certain prop- 
belonging to incorporated horticultural societies as are from'talatwD. 
used for their offices, libraries and exhibitions, shall be ex- 
empt from taxation. 

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

Approved April 19, 1884. 

An Act to authorize marine insurance companies with the nj^fj^^ I'TT 

REQUISITE CAPITAL, TO INSURE AGAINST LOSS OR DAMAGE BY FIRE "' 

AND LIGHTNING. 

Be it enacted, etc., as follows: 

Section 1. Every domestic insurance company organ- May insure 
izcd under general laws to insure against loss or damage Hre'anViight/ 
by the perils of the sea and other perils usually insured °'°s- 
against by marine insurance companies may, upon adding 
to its marine capital an amount not less than the minimum 
required for a joint stock fire insurance company by sec- 
tion twenty-nine of chapter one hundred and nineteen of 



142 1884. — Chapters 178, 179. 

the Public Statutes, also insure against loss or damage by 
fire and lightning. 

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

Approved April 21, 1884. 

ChavA78 An act in relation to fire and marine insurance com- 
panies. 

Be it enacted, etc., asfolloics: 

Computation of SECTION 1. Sectiou twcnty-ninc of chapter one hun- 
retuniTto in- " drcd and nineteen of the Public Statutes is so far amended 
^ssioner?™" that iusuraucc companies authorized by charter to do fire, 
marine and inland business, may continue to do such 
business with a capital stock of not less than two hundred 
thousand dollars, whether located in Boston or elsewhere, 
but all such companies having a capital stock of not more 
than two hundred thousand dollars shall in making their 
returns to the insurance commissioner compute their re- 
insurance upon all inland business at not less than fifty per 
cent, of outstanding premiums, and at one hundred per 
cent, on all ocean marine premiums ; and no such foreign 
insurance company shall be allowed to do other than afire 
business in this Commou wealth unless its capital stock 
shall be three hundred thousand dollars or more. 

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

Approved April 21, 1884. 

OhapAlO -A^N Act authorizing advances to officers entrusted with 

THE DISBURSEMENT OF PUBLIC MONEYS. 

Be it enacted, etc., as follow s: 

Advances from SECTION 1. Any ofiiccr authonzcd to expend money 
e treasury. .^ behalf of the Commou Wealth may have sums advanced 
to him from the treasury in the manner herein provided 
to enable him to make direct payment of such small 
amounts as may be necessary for the effective discharge 
of the duties of his office. 

Officer to certify Section 2. The officcr shall make a certificate setting 

that the amount tie- t^ i 

is needed for im- out that the amouut 18 needed tor immediate use, and as 
specifically as may be the purposes for which the expendi- 
ture is required. If his authority to make expenditure is 
subject to the approval or direction of any supervisory 
board, such certificate shall bear the approval of such 
board. Upon presentation of the certificate to the auditor, 
his certificate and warrant and payment shall follow as 
in case of claims against the Commonwealth. 



mediate use. 



1884. — Chapter 180. 143 

Section 3. As soon as may be after expending such statement in de- 
advance, and in any case on or before the twenty-fifth day ^ iuditor""'^^ 
of each month, the officer who has received money of the 
Commonwealth under the provisions of this act, shall file 
with the auditor a statement in detail of the sums expended 
subsequent to the previous accounting, approved by the 
board, if any, authorized to supervise such expenditure, 
and, where it is practicable to obtain them, receipts or 
other like vouchers of the persons to whom the payments 
have been made. 

Section 4. The amount advanced to any one officer Not to exceed 

1 .t •• /-xi- i li. ijj $150 in amount 

under the provisions ot this act, and not expended and at any one time. 
accounted for as herein provided shall not exceed one 
hundred and fifty dollars at any time, except in case of 
the disbursing officer of the board of health, lunacy and 
charity, where the amount shall not exceed one thousand 
dollars. 

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

Approved April 21, 1884. 

An Act authorizing the formation of corporations to ex- (J]iar),\SO 

AMINE AND GUARANTEE TITLES TO REAL ESTATE. 

Be it enacted, etc., as follows. ■ 

Section 1. Any ten or more persons may associate corporations 
themselves together in the manner prescribed by chapter SbUshedto 
one hundred and six of the Public Statutes, with a capital fo"'reafeTtate.^* 
of not less than two hundred thousand nor more than one 
million dollars, for the purpose of examining titles to real 
estate, of furnishing information in relation thereto and 
of guaranteeing or insuring owners of real estate and 
others interested therein against loss by reason of defective 
title and other incumbrances ; and corporations so estab- 
lished shall have the same powers and privileges, and be 
subject to the same duties, liabilities and restrictions as 
other corporations established under said chapter, but 
they shall not be subject to the laws specially relating to 
insurance corporations except as hereinafter provided. 

Section 2. Every such corporation shall set apart a Guaranty fund. 
sum not less than two-fifths of the amount of its capital 
stock, but in no case less than one hundred thousand dol- 
lars, as a guaranty fund, and shall invest the same in the 
kinds of securities in which savings banks are by law re- 
quired to invest their funds ; and no corporation shall 
issue any guaranty or policy of insurance until such sum 



144 



1884. — Chapter 180. 



To be applied 
to payment of 
losses. 



Statement of 
affairs to be an- 
nually filed with 
tbe insurance 
comnalssloner. 



Copy of record 
of organization 
to be filed with 
Insurance com- 
missioner. 



Taxable like do- 
mestic fire insur- 
ance companies. 



has been so set apart and invested. Such guaranty fund 
shall l)e kept and applied for the security and payment of 
losses and expenses which may be incurred by reason of 
the o:uaranty or insurance made as aforesaid, and shall 
not be subject to other liabilities of the corporation so 
long as any such guaranty or insurance is outstanding. 
In case an increase in the amount of its capital stock shall 
be made by any such corporation, two-fifths part of such 
increase of the capital stock shall be set apart and added 
to the guaranty fund thereof and kept and invested as 
aforesaid. Whenever on account of losses or otherwise 
the amount of the guaranty fund of any sucb corporation 
shall fall below such sum as is so required to be set apart 
and invested by this act, no further guaranty or insurance 
shall be issued until the deficiency below the amount so 
required has been supplied. 

Section 3. Every such corporation shall on or before 
the fifteenth day of January in each year file in the office 
of the insurance commissioner a statement of its afiairs 
for the year ending on the preceding thirty-first day of 
December, made out in a form similar to that now re- 
quired of insurance companies doing business in this 
Commonwealth, so far as the same may be applicable, 
and such as shall be required by the insurance commis- 
sioner. Such statement shall be signed and sworn to by 
the president or treasurer and by one of the directors of 
such corporation. The insurance commissioner shall 
have the same power and authority to visit and examine 
all corporations established hereunder and to compel a 
compliance with the provisions of law governing them as 
he may by law exercise in relation to domestic insurance 
companies. 

Section 4. No corporation established under this act 
shall make any contract or issue any policy of guaranty 
or insurance until it has filed with the insurance commis- 
sioner a copy of the record of its certificate of organiza- 
tion in the office of the secretary of the Commonwealth 
and obtained from the insurance commissioner his certifi- 
cate that it has complied with the laws applicable to it 
and is duly authorized to do business. 

Section 5. All corporations established hereunder 
shall be taxable like domestic fire insurance companies in 
accordance with the provisions of sections seventeen and 
forty of chapter thirteen of the Public Statutes. 



1884. — Chapter 181. 145 

Section 6. This act shall take effect upon its passage. 

Approved April 21, 1884. 

An Act to provide for taking the decennial census and r^hnj) Igl 

THE industrial STATISTICS OF THE COMMONWEALTH. . 

Be it enacted, etc., as follows: 

Section 1. The decennial census of the Common- census to be tak- 
wealth required by articles twenty-one and twenty-two of tu^nZTihehu- 
the amendments to the constitution, and the decennial ofXbor!^"**'*'^ 
census of the industries of the Commonwealth, shall be 
taken in the year eighteen hundred and eighty-five and in 
every tenth year thereafter, under the direction of the 
bureau of statistics of labor, by enumerators to be ap- 
pointed by said bureau as hereinafter provided. 

Section 2. The information sought by the census schedules on 
shall be gathered on eight general schedules, as follows : ^on^^ha"ifbe°"^' 
— Schedule number one shall relate to population and gathered. 
social statistics ; schedule number two to manufactures ; 
schedule number three to mining and quarrying; sched- 
ule number four to agricultural products and property 
and to domestic manufactures ; schedule number five to 
the fisheries ; schedule number six to commerce ; sched- 
ule number seven to libraries ; and schedule number 
eight to schools and school property. The inquiries to 
be borne upon such schedules shall be framed by the bu- 
reau of statistics of labor upon the basis of the schedules 
adopted for the census of eighteen hundred and seventy- 
five, and shall be submitted to the governor and council 
for their approval, and when approved by them shall con- 
stitute the schedules of the census, and said schedules 
shall contain' no other inquiries than those receiving the 
approval of the governor and council. 

Section 3. The information to be gathered on sched- spedai enumer 
ule number one shall relate to each person residing in ^otTr "^^ '''^^' 
the Commonwealth on the first day of May, and by such 
schedule there shall be made a special enumeration of the 
legal voters residing in each city and town and each ward 
in each city in the Commonwealth. The statistics to be 
gathered by schedules number two, number three, number 
five, number six, number seven and number eight shall 
relate to the facts called for on the same for the year end- 
ing the thirtieth day of June of each census year, and so 
far as property relating to such facts is concerned as it ex- 



146 



1884. — Chapter 181. 



Enumerators to 
be appointed. 



One at least in 
each town. 



To be inhabi- 
tants of towns 
where duties 
are performed. 



Schedules and 
instructions to 
be furnished to 
enumerators on 
or before first 
day of May. 



Returns under 
schedule num- 
ber one. 



ists on the said thirtieth day of June ; and the statistics to 
be gathered by means of schedule number four shall relate 
to agricultural products and domestic manufactures for 
the year ending the fifteenth day of November of the 
census years, and to agricultural property as it exists on 
the said fifteenth day of November of said years. 

Section 4. For the purpose of securing the informa- 
tion called for by the preceding sections, said bureau shall 
appoint census enumerators in each city and town in the 
Commonwealth, but the whole number of such enumera- 
tors shall not exceed one for every fifteen hundred polls 
in each city and town, according to the returns of the as- 
sessors for city and town purposes for the year immedi- 
ately preceding the taking of the census, and shall be as 
many less as said bureau may decide to be adequate for 
the duty : provided, that for the enumeration of the inhabi- 
tants as provided for by schedule number one at least one 
person shall be appointed and compensated in each city 
and town ; and provided, further, that each person 
appointed as an enumerator shall be an inhabitant of the 
city or town in which said person is to perform the duty 
required ; and the appointment of such enumerators shall 
be approved by the mayor and aldermen of the city, or 
the selectmen of the town ; said bureau may appoint in 
addition to the enumerators provided for in this section, 
special enumerators to a number not exceeding ten, for 
the purpose of making special investigations into the con- 
ditions of the dependent, defective and delinquent classes. 

Section 5. The said bureau shall, on or before the 
first day of May in each census year, transmit to the 
enumerators appointed under the preceding section, 
printed schedules in accordance with provisions in sec- 
tion two, relating to schedule number one, with such 
instructions as said bureau may deem necessary, and a 
notice that the returns must be made into the office of said 
bureau on or before the last day of »Tune of the same year, 
so far as schedule number one is concerned. 

Section 6. In making returns under schedule number 
one, the enumerators shall make and transmit with such 
returns a complete list of all establishments engaged in 
manufacturing and trade, in mining and quarrying, in fish- 
ing and in commerce, the names of all librarians and pro- 
prietors or principals of all incorporated and unincorporated 
colleges, academies and private schools ; and upon such 



1884. — Chapter 181. 147 

list the statistics required by sciiecUiles numbered two, 
three, five, six, seven and eight shall be gathered by said 
bureau, by mail, and of such parties who fail to make re- 
turns by mail by such of the enumerators appointed under 
section four as said bureau may designate. 

Section 7. The information called for on schedule ^cheduie num- 
number four shall be gathered by such of the enumerators, 
to be appointed under section four, as said bureau may 
designate, but such number so designated shall not ex- 
ceed two hundred and fifty for the whole Commonwealth, 
and they shall make returns of such information on or 
before the fifteenth day of January following the census 
year. 

Section 8. The enumerators appointed under this Knumerators to 
act, on receiving their commission and before entering 
upon the discharge of their duties, shall take and subscribe 
an oath, or aflirmation, that they will faithfully perform 
to the best of their ability the duties charged in their com 
mission, and that they will support the constitutions of the 
United States and Commonwealth of Massachusetts, which 
oaths shall be filed in the office of said bureau by each 
enumerator with his acceptance of his appointment, and 
in making his returns for schedule number one, he shall 
sign a certificate on said schedule that the information re- 
ported therein is correct to the best of his knowledge and 
belief; all other schedules must be certified to by the 
parties making them. 

Section 9. Upon the request of the mayor and alder- census of in- 

,. .. -i . -11 1 /■ ii /• i T habitants and 

men of any city, made to said bureau before the first day voters by streets 
of April next preceding the taking of the census, said '""^ «<i"are8. 
bureau shall direct the enumerators appointed to take the 
census in such city to make the enumeration in such man- 
ner that the number of inhabitants and legal voters resid- 
ing in each street, square or avenue of such city may be 
returned, and said bureau shall report the results of such 
enumeration of said city to the clerk thereof. Upon re- Division of 
ceipt of said report, said city may make a new division of 
its wards, as provided by section fourteen, chapter twenty- 
eight of the Public Statutes. 

Section 10. The said bureau, after it has gathered the Returns to be 
facts as to population, shall make a return of the aggre- "tary of the**''" 
gated results of the census as to population and voters for Commonwealth, 
each town and city, and each ward of each city, and shall 
return into the office of the secretary of the Common- 



148 



1884. — Chapter 181. 



Abstract to be 
made by secre- 
tary and sub- 
mitted to the 
general court. 



Abstracts pre- 
pared by the 
bureau to bo 
printed for use 
of legislature. 



Penalty on 
agent for deceit] 
or falsehood. 



Fines to accrue 
to the Common- 
wealth. 



Compensation 
of persons em- 
ployed. 



wealth, said aggregated results, on or before the first day 
of December of each census year, and the secretary shall 
prepare from such aggregated results, an abstract, 
arranged by counties, showing the number of legal voters 
in each town and in each ward of the several cities, and 
shall submit the same to the general court within the first 
ten days of the session following the taking of the census 
of inhabitants. 

Section 11. The said bureau, after it shall have 
gathered the facts as called for by this act, shall cause to 
be prepared and printed true ab.stracts of the same, with 
proper analysis, for the use of the legislature, and such 
abstracts shall be printed in volumes uniform in style with 
the reports on the census of Massachusetts for the year 
eighteen hundred and seventy-five, and such reports shall 
be stereotyped, but in the reports so required no use shall 
be made of the names of individuals, firms or corporations 
supplying the information called for by this act, such in- 
formation being deemed confidential, and not for the pur- 
pose of disclosing any person's afiairs, and any enumerator 
or employe of said bureau violating this provision, shall 
be fined as provided for in the succeeding section for 
wilful deceit and falsehood. 

Section 12. If an enumerator or agent appointed 
under this act wilfully refuses to perform any duty re- 
quired of him in accordance therewith, he shall forfeit a 
sum not exceeding five hundred dollars, and if he is guilty 
of wilful deceit or falsehood in the discharge of his 
duties, he shall forfeit a sum not exceeding two thousand 
dollars, or be imprisoned for not more than one year, and 
if any person shall refuse to give the information required 
by this act to a person authorized to collect the same, he 
shall pay a fine not exceeding one hundred dollars for 
every such refusal. 

Section 13. All fines charged under this act may be 
recovered in any court of competent jurisdiction by infor- 
mation or complaint of the attorney-general, and shall 
accrue wholly to the Commonwealth. 

Section 14. There shall be allowed and paid out of 
the treasury of the Commonwealth to each enumerator 
employed by the bureau of statistics of labor in the 
several cities and towns in taking the decennial census and 
industrial statistics of the Commonwealth under the 
authority of this act, the sum of two dollars and fifty 



1884. — Chapter 181. 149 

cents for each day of ten hours actually employed in said 
service, and the account of each enumerator so employed 
shall be verified by his affidavit and paid on the approval 
of the chief of said bureau, after the returns of such enu- 
merator shall have been examined and found correct and 
properly made. No allowance shall be made to such enu- 
merator for travelling expenses, except in extreme cases, 
where such expenses would secure economy in the enu- 
meration, and then no enumerator shall incur any such ex- 
pense except upon previous written authority granted by 
the chief of said bureau. 

Section 15. The chief of said bureau may expend a Expenses of 
sum not exceeding two thousand dollars in preliminary Prep^raHons. 
preparations for the census of inhabitants and industries 
for eighteen hundred and eighty-five, in preparing sched- 
ules, instructions, blanks, etc., and in advising the pub- 
lic by the dissemination of proper information, of the 
statistics to be gathered. He may, for the purposes of ciedcai assist- 
making abstracts of and preparing reports on the census, 
employ such clerical assistance as he may require, under 
the limitations and regulations of law applicable to the 
employment of clerical assistants in the annual work of 
said bureau, and he may in addition, during and for the 
work of the census, employ four chiefs of division at a 
salary not exceeding fifteen hundred dollars each per 
annum, such clerical assistants and chiefs of division to be 
paid from such appropriation as the legislature may make 
for census purposes. 

Section 16. Duringf the years eighteen hundred and Extra compen- 

. f» sation 

eighty-five and eighteen hundred and eighty-six, but for no 
longer period, the chief of said bureau and the first and 
second clerks thereof, shall receive as extra compensation, 
additional to such regular salaries for such officers as are 
now provided for by law, the sum of five hundred dollars 
to said chief, five hundred dollars to said first clerk, and 
three hundred dollars to said second clerk, for each of 
the years named, such extra compensation to be paid from 
the appropriations for census purposes. 

Section 17. The bureau of statistics of labor is here- cost not to ex- 
by authorized to expend the sum of one hundred and fifty '^^^^ ^iso.ooo. 
thousand dollars as the maximum cost of the census of 
inhabitants and industries in the Commonwealth for the 
year eighteen hundred and eighty-five, exclusive of cost 
of paper for schedules and of printing and stereotyping 



150 1884. - Chapter 182. 

the abstracts aud reports upon said census, and it shall 
not be lawful for said bureau to incur any expense or 
obligation whatever in respect of said census in excess of 
the sum herein provided. 
Repeal. Section 18. Scctious oue to twelve inclusive of 

chapter thirty-one of the Public Statutes are hereby re- 
pealed. 

Section 19. This act shall take effect upon its passage. 

Approved April 23, 1884. 

Ohap.\S2 An Act conferring certain powers upon the city council 

OF THE CITY OF MALDEN. 

Be it enacted., etc., as folio irs : 
City council SECTION 1. The citv council of the city of Maiden 

may alter high- i,,. ,. , ., *'., , 

ways. shall have authority and power to widen, straighten and 

otherwise alter highways within the city limits. Any 
party aggrieved by such widening, straightening or alter- 
ation shall have the same remedies as in the case of town 
ways. 

Jurisdiction of SECTION 2. Nothing; in this act Contained shall be cou- 

county commis- , iii««i.' /»i 

Bioners. strucd SO as to excludc the jurisdiction ot the county com- 

missioners, 
ordinancesmay SECTION 3. Scctiou twentv-elght of chapter one hun- 

be established i i n • . /• i n • i 

without revision drcd and sixty-nine of the acts of the year eighteen hun- 
court'.^"'"'^ dred and eighty- one is amended to read as follows: — 
Section 28. The city council shall have power within 
said city to make and establish such ordinances and by- 
laws, not inconsistent with the laws of the Commonwealth, 
as cities and towns have power by law to make and estab- 
lish, such ordinances and by-laws to have force and effect 
within such city, without revision or approval by the 
superior court or any justice thereof; and to modify, 
amend or repeal the same ; and to annex penalties not 
Proviso. exceeding twenty dollars for the breach thereof : provided, 

however, that all laws and regulations in force in the town 
of Maiden shall, until they shall expire by their own limi- 
tation or be revised or repealed by the city council, re- 
main in force ; and all fines and forfeitures for the breach 
of any by-law or ordinance shall be paid into the city 
treasury. And any complaint for any violation thereof 
may be made by the mayor, city clerk, city treasurer, city 
marshal or chief of police. 

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

Approved April 23, 1884. 



1884. — Chapter 183. 161 

An Act relating to the ocean terminal railroad company, Chap.183 

THE OCEAN TERMINAL RAILROAD DOCK AND ELEVATOR COMPANY 
AND THE MYSTIC RIVER CORPOUATION. 

Be it enacted, etc., asfolloivs: 

Section 1. The Ocean Terminal Railroad Company, corporation re- 

-111 11 V *U vived, and time 

a corporation organized under the general laws or tne extended for 
Commonwealth is hereby revived, its organization ratified raiTroad.'"' ° 
and confirmed and the time for completing its railroad ex- 
tended to the sixth day of May eighteen hundred and 
eighty-seven. 

Section 2. The time within which the provisions of Tim^e^extended^ 
section four of chapter two hundred and thirty-nine of the franchises of the 

.1 1 T 1 1 • 1 i j.'j.l J Mystic River 

acts ot the year eighteen hundred and eighty-one, entitled corporation and 

"An Act to incorporate the Ocean Terminal Railroad TeinfinafRaii. 

Dock and Elevator Company," may be availed of by the [^^H ^°'p°^''- 

corporations therein named, is hereby extended to the 

sixth day of May eighteen hundred and eighty-seven, and 

all the provisions of said chapter are hereby continued in 

force. 

Section 3, Nothing in this act or in the act herein corporations 
referred to shall be so construed as to relieve the Mystic from certain du- 
River Corporation or the Ocean Terminal Railroad Com- tZs^""^ °*'"^^' 
pany or Ocean Terminal Railroad Dock and Elevator Com- 
pany, in case the last named corporations or either of 
them should take or purchase any lands, wharves, prop- 
erty, rights, privileges and franchises of said Mystic River 
Corporation, or so as to relieve any other purchaser or 
grantee, either direct or by mesne conveyance from said 
last named corporation, from any duty, condition or obli- 
gation as regards the time, place and manner of filling, 
excavating or otherwise improving the lands so taken, sold 
or granted, and the flats and channels adjacent or near 
thereto, which is imposed on said Mystic River Corpora- 
tion by the several acts relating to said corporation ; and 
the grantees and assigns of the said Mystic River Cor- 
poration shall in all cases be deemed to have assumed the 
duties and obligations of said corporation in the respects 
aforesaid. The plans and manner of execution of all work Plans and exe- 

,., '■ , „, -, lii •ih/Ta' cution of work 

in or over tide waters hereafter done by the said Mystic subject to ap. 
River Corporation and its grantees and assigns shall be in ^ora^nd^Ln^ 
accordance with the provisions of the aforesaid acts and commissioners, 
subject to the approval of the board of harbor and land 
commissioners. 



152 1884 — Chapters 184, 185, 186. 

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

Approved April 23, 1884. 

Chap.\S^ An Act to exempt the lynn workingmen's aid association 

FROM TAXATION. 

Be it enacted, etc., as follows: 

rxemp't'from ^^' property both real and personal held by the Lynn 

taxation. Workingmcn's Aid Association, for the purposes and in 

accordance with the provisions of the charter of said asso- 
ciation, shall be exempt from taxation. 

Approved April 24, 1884. 

Chap.185 An Act requiring dog licenses to be recorded in the city 

OR TOWN WHERE THE LICENSED DOGS ARE KEPT. 

Be it enacted, etc. , as follows : 
Dogiicenaes Section 1. Scctiou cighty-six of chapter ouc hundred 

valid m any part , /. i-n»iTi>.'i i it ij^ 

of the state. aiiQ two ot the Fublic btatutcs IS hereby amended so that 
it will read as follows : — A license duly recorded shall be 
valid in any part of the Commonwealth, and may be trans- 

Proviso. ferred with the dog licensed : provided, that said license 

shall in each case of transfer be again recorded by the 
clerk of the city or town where such dog is kept ; but no 
license shall be required to be recorded anew unless such 
dog shall have been kept in such city or town at least 
thirty days. 

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

Ap2)roved April 28, 1884. 

Chcip.XSQ An Act concerning public and private burial places, ani> 

LOTS THEREIN. 

Be it enacted, etc., asfollotvs: 
May hold funds SECTION 1. Any citv or towu is hereby authorized to 

deposited with . iii ti i. -i 

treasurer for rcccive, hold aud apply auy funds, moneys or securities 
^aces. ""^ which may be deposited with the treasurer of such city or 
town for the preservation, care, improvement or embellish- 
ing of any public or private burial place situated therein, 
or of burial lots located in the same. 

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

Approved April 28, 1884. 



1884. — Chapters 187, 188, 189. 153 

An Act to confirm the proceedings of the free evangeli- Q/iapA.87 
CAL society of attleborough. 

Be it enacted., etc., as follows: 

Section 1. The proceedinffs of the Free Evanorelical Proceedings 

i^ O _ _o conhrmed. 

Society of Attleborough, a corporation duly organized on 
the twelfth day of June in the year eighteen hundred and 
sixty-five, shall not be invalid because the annual meetings 
of said society for the years eighteen hundred and seventy- 
nine and eighteen hundred and eighty were not called by 
the standing committee of said society. 

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

Approved April 28, 1884. 

An Act to authorize sheriffs and their deputies to adjourn (7^rt/).188 
sessions of district and police courts. 

Be it enacted, etc., as follows: 

Section 1. When no iusticeor special justice of a dis- sheriffs and 

,. . jjji- 11 deputies may 

trict or police court is present at the time and place ap- adjourn sessions 
pointed for holding a session of said court, the sheriff of police courTs. 
the county or either of his deputies may adjourn the court 
from day to day or from time to time as circumstances 
may require, or as ordered by the justice or either of the 
special justices of said court, and shall give such notice 
of such adjournment as the court may by general or special 
order direct. 

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

Approved April 28, 1884. 



Chap.lS9 



An Act to enable the athol water company to improve 
and increase its water supply. 

Be it enacted, etc., as follows: 

Section 1. The Athol Water Company of Athol, for The Athoi wa- 
the purpose of increasing the capacity and efficiency of its nwy {"c^eTse it» 
waterworks, is hereby authorized to take and hold, by water supply. 
purchase or otherwise, such lands in said town as may be 
necessary and convenient for erecting and maintaining an 
engine house, pumping station and reservoir ; and may 
erect on the land thus taken or held proper 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 estab- 
lishment and maintenance of complete and effective water 
works ; and may connect said works and structures with 



154 1884. — Chapter 189. 

each other and with the present aqueducts in said town, 
and with any other aqueducts that may be hereafter laid. 
Mayjake^wa- Section 2. Said water company, for the purposes 
Lake, afoFesaid and to increase its supply of water, may take by 

purchase or otherwise, hold and convey into the reservoirs, 
aqueducts or other works now owned by said Athol Wa- 
ter Company, or authorized by this act, the w^aters of 
"Silver Lake," so called, and the water rights connected 
therewith and also all lands, rights of way and easements 
necessary for holding 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, reservoirs or other struc- 
tures, and may make excavations 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 
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 
Maydigwp Same; and for the purpose of constructing, maintaining 
lands and ways. ^^^^ 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 town in 
which any such ways are situated, may enter upon and 
dig up any such lands or ways in such manner as to cause 
the least hindrance to public travel on such ways. 
To have record- SECTION 3. The said Athol Water Company shall, 

ed in the regis- •ji • • i /• , i • /. i i • i ]• 

try of deeds a withiu sixty days attcr the taking of any lands, rights or 

description of i-ii ^ ^ />•! 

the land taken. ^^'iiy» watcr rights, watcr-sourccs or casemcuts as atorcsaiQ, 
otherwise than l)y purchase, tile and cause to be recorded in 
the registry of deeds situate in the city of Worcester a de- 
scription thereof sufficiently accurate for identification, 
with a statement of the purposes for which they were so 
taken, signed by the president of the corporation. 

Liability for SECTION 4. The Said corporation shall pay all damages 

damages. 'ii • iii- /. 

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 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 



1884. — Chapter 189. 155 

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 application for No application 
assessment of damages shall be made for the taking of any bl'^macuTuntii" 
water, water right, or for any injury thereto, until the ^^^t^"" « di'^rt- 
water is actually withdrawn or diverted by said town 
under the authority of this act. 

Section 5. Whoever wilfully or wantonly corrupts, Penalty for cor- 

-,, /■» , 1 1111 ruptiiig or di- 

pollutes or diverts any of the waters taken or held under verting water. 
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 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 hun- 
dred dollars or by imprisonment not exceeding one year. 

Section 6. The owners of lands and water rights .security for 
taken under this act, upon application by either party for daL^gestobe 
an estimate of damages, may require said corporation to q",™.ed!''*'' '^ '*' 
give security satisfactory to the board of selectmen of said 
town for the payment of all damages and costs which may 
be awarded to them for the land or other property taken. 
And if upon petition of the owner, with notice to the 
adverse party, the security appears to the selectmen of 
said town to have become insufficient, they shall require 
said corporation to give further security to their satisfac- 
tion, and all the right or authority of the corporation to 
enter upon or use said land and other property, except for 
making surveys, shall be suspended until it gives the 
security required. 

Section 7. The town of Athol shall have the right, xownofAthoi 
at any time during the continuance of the charter hereby ™ rpo'^rate pro*i). 
granted, to purchase the corporate property and all the "^^' 
rights and privileges of said company, at a price which 
may be mutually agreed upon between said corporation 
and said town of Athol, and the said corporation is author- 
ized 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 



156 1884. — Chapters 190, 191, 192. 

Subject to assent binding upon both parties. And this authority to pur- 
a^two^hws ^ chase said franchise and property is granted on condition 
^°*®' that the same is assented to by said town by a two-thirds 

vote of the voters present and voting thereon at a meeting 

called for that purpose. 
Work to be SECTION 8. This act shall take effect upon its passage, 

commenced . . . ~ 

within three but shall bccome void unless said corporation within three 
y^*"- years from the passage hereof shall avail itself of its pro- 

visions and commence a prosecution of the work herein 
authorized. Approved April 28, 1884. 

Chap.190 -^^ ^^"^ RELATING TO THE EXAMINATION OF CANDIDATES FOR DIS- 
TRICT POLICE. 

Be it enacted, etc. , as foUoivs : 
Examination of Section 1. So much of SGction ono of chapter one hun- 
jifdgeoVthe^'' dred three of the Public Statutes as requires candidates for 
superior court, (jj^^^j.^^.^ policG to be examined under the direction of a 
justice of the superior court is repealed. 

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

Ap2)roved Ajml 28, 1884. 

(77i«W.191 ^^ ^^^ RELATING TO WARRANTS IN CRIMINAL CASES. 

Be it enacted, etc., as folloios: 
Issue of search SECTION 1. TliG Warrant described in section thirty of 
p. s. 100, §30. chapter one hundred of the Public Statutes may be issued 
by any justice of the peace authorized to issue warrants in 
criminal cases. 

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

Approved April 28, 1884. 

G^«y.l92 ^^ ^^'^ '^^ ESTABLISH THE SALARIES OF THE JUDGE AND THE REG- 
ISTER OF THE PROBATE COURT FOR THE COUNTY OF BERKSHIRE. 

Be it enacted, etc., as follows: 
Salary of judge. SECTION 1. The judgc of the probatc court for the 
county of Berkshire shall receive an annual salary of six- 
teen hundred dollars. 
Salary of regis- SECTION 2. The icgistcr of the probatc court for the 
county of Berkshire shall receive an annual salary of six- 
teen hundred dollars. 

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

Approved April 28, 1884. 



V 1884.— Chapters 193, 194. 157 

An Act concerning the order of trials in criminal cases. ChctpAQS 
Be it enacted, etc., as follows: 

Section 1. At each term of the superior court held Tnaiiist in 
for the trial of criminal cases, the district attorney before 
the trials begin shall make up and deposit with the clerk 
for inspection of all parties, a list of all cases to be tried 
at that term, and trials shall be had in the order of such 
trial list unless otherwise ordered by the court. 

Section 2. Section one of chapter two hundred and Repeal. 
fourteen of the Public Statutes is hereby repealed. 

Approved April 29, 1884. 

An Act to authorize the city of salem to take, dredge and ni^n/n 194 

FILL certain lands OR FLATS IN THE NORTH RIVEU IN SAID CITY. 

3e it enacted, etc., as folloivs: 

Section 1. For the purpose of abating the nuisance May take and 
in the city of Salem in that part of the North River lying andTau" ""*'' 
easterly of North Street, the said city may, from time to 
time, purchase or otherwise take any or all of the lands or 
flats in the said North River in Salem lying easterly of 
North Street and northerly of the location of the Eastern 
Railroad, and till and raise the same to such grade as may 
be deemed necessary or expedient ; or said city may 
dredge any flats taken by it under the authority of this act 
or heretofore taken by it under authority of chapter one 
hundred eighty-five of the acts of the year eighteen hun- 
dred eighty-three. 

Section 2. Said city shall, within sixty days from the To have record- 
time of taking said lands or flats, file and cause to be tiVo/deedsf*' 
recorded in the ofiice of the register of deeds for the day^iVdescnp. 
southern district of the county of Essex a description of |,'°" °f '''"'^^ ""^ 
the lands or flats so taken as certain as is required in a 
common conveyance of lands, and a statement that the 
same are taken pursuant to the provisions of this act ; 
which said description and statement shall be signed by 
the mayor of said city ; and the title of all lands or flats so 
taken shall vest in the city of Salem in fee simple, and the 
same may be sold and conveyed by said city in such man- 
ner as the city council may determine. 

Section 3. Said city shall pay all damages sustained r-iabnuy for 
by any person in property by the taking of any lands or 
flats or by any other thing done by said city under the 
authority of this act. Any person sustaining damages as 



158 



1884. — Chapter 195. 



Work to be exe- 
cuted under 
supervision of 
harbor and 
land commis- 
sioners. 



Streets may be 
laid out over 
lands and tiats. 



Subject to ac- 
ceptance by city 
council. 



Chap. 



City to con- 
struct an inter- 
cepting sewer. 



aforesaid under this act who fails to agree with said city 
as to the amount of damages sustained may have the same 
assessed and determined in the manner provided by law 
when land is taken for the laying out of highways, on ap- 
plication at any time within the period of one year from 
the taking of such lands or flats or the doins: of other 
injury under the authority of this act; but no such appli- 
cation shall be made after the expiration of said period. 
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 said dam- 
ages by said city forthwith. The respective rights and 
remedies of persons having different, separate or contin- 
gent interests or estates in the same property, as to the 
disposition of the damages awarded or agreed to under 
this act, shall be the same in all respects 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 
or dredge any flats taken under the authority of this act shall 
give written notice to the board of harbor and land com- 
missioners of the work proposed, and shall submit to 
said board plans of the flats proposed to be filled or 
dredged, showing 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, 
in the manner provided by the charter of said city, streets 
and ways over any of the lands or flats referred to in this 
act. 

Section 6. This act shall take eflfect upon its accept- 
ance by the city council of the city of Salem. 

Approved April 29, 1884. 

195 -^N ^^"^ CONCERNING ALEWIFE BROOK AND CERTAIN SEWERS IN 
CAMBRIDGE AND SOMERVILLE. 

Be it enacted, etc., asfolloivs: 

Section 1. The city of Cambridge shall construct an 
intercepting sewer of sufficient capacity, and by means 
thereof shall conduct the sewage of the Concord Avenue, 
Spruce Street and North Avenue sewers in said city, and 
of any sewer at any time discharging into either of said 



1884. — Chapter 195. 159 

sewers, or into said intercepting sewer (provided, how- 
ever, this shall not include any other than that within the 
natural drainage area of Alewile Brook), to some con- 
venient spot upon the poor farm in said city; shall there storage basin to 
construct a storage basin for the temporary deposit of bo constructed. 
such sewage, and by means of pumps or otherwise shall 
raise such sewage to a sufficient height to discharge the 
same by means of a connecting sewer, which connectimr 
sewer shall not exceed twelve inches in diameter, at a 
convenient point in the sewer in Newbury Street, in the 
city of Somerville ; shall construct such connecting sewi r, 
and shall so discharge the said sewage for the term of three 
years from the first day of September next, the connection 
with the said Somerville sewer to be made on or before said 
first day of September: provided, howevf-r, that, during pumping may 
repairs upon any Somerville sewer into which the Cam- liurfng'^repai^s!*^ 
bridge sewage shall be so discharged, pumping shall be 
discontinued if the city engineer of Somerville shall so re- 
quest of the city of Cambridge ; and also, that at some 
point in the intercepting sewer, to be determined by the 
city engineer of Somerville, there shall be constructed by 
the city of Cambridge an automatic shut-otf so arranged 
as to cut oif the connection of the Cambridge sewers 
which may empty therein with the Somerville sewers 
durins: severe storms and when the Cambridge sewers at 
the shut-off are running more thnn half full, said shut-oft' 
to be built according to a design approved by the city en- 
gineer of Somerville, and to be constructed to his satis- 
faction ; but the city of Cambridge may, during any such 
discontinuance and during such times as the connection of 
the Cambridge sewers with the Somerville sewers may be 
so cut off, discharge its sewage into Alewife Brook : jprn- proviso. 
vided, however, that if this method of disposing of said 
sewage be adjudged impracticable, as hereinafter pro- 
vided, then the obligation imposed by this section shall 
be void, and provided further, that whenever the city of Proviso, 
Cambridge shall adopt and carry into active operation 
any other method of disposing of the sewage of its sewers 
above named, and sewers at any time discharging therein, 
than by a discharge into Alewife Brook, the obligation 
imposed by this section shall be void. 

Section 2. For the purposes named in the preceding city council of 
section, the city council of Cambridge shall have the same tak"J p"ivl^te"*^ 
right to take private land in Somerville as it now has to tTiil'" ^*""®'"* 



160 1884. — Chapter 195. 

take land for sewers in Cambridge, and all the proceed- 
ings of such taking shall be conducted in the same man- 
ner as though such land were in Cambridge, and all per- 
sons and corporations suffering damage in their property 
by reason of such taking shall have the same rights and 
remedies for ascertaining and recovering the amount of 
such damage as in the case of land taken for sewers in 
Cambridge. 
If method is Section 3. If at any time after the construction of 

deemed imprac- , , • i i i /» • i /. i 

ticabie, obiiga- the works rcquircd by the iirst section hereof, and actual 
firB" 8™ tufn to" trial thereof, that method of disposing of said sewage be 
be void. deemed by the state board of health, lunacy and charity, 

after such notice and hearing as said board may order, 
impracticable without great and unreasonable expense, or 
if by reason of the proceedings under the twelfth section 
hereof the city of Cambridge is prevented from discharg- 
ing its sewage into Somerville sewer as aforesaid, then 
the obligation imposed by the first section hereof shall be 
void. 
"Yars^woTks SECTION 4. After the expiration of three years from 

may be discoD- the first day of Sej^tcmbcr next, the city of Cambridge 
may at its option continue or discontinue the works pre- 
scribed in the first section hereof; said continuance how- 
ever to i)e for a term of three years and no more, except 
with the consent of the city of Somerville, and subject to 
the same conditions as the original term. 
Annual pay. SECTION 5. So loug as the city of Cambridge dis- 

ments to the city , .^ • , ,i ,• •> -n • ii 

of Somerville. chargcs its scwagc mto the sewer or l^omerviUe in the 
manner herein before prescribed, it shall pay annually to 
the cit}' of Somerville upon the first day of September, 
the first payment to be made on the first day of September, 
A. D. eighteen hundred and eighty-five, the sum of three 
thousand dollars, and in the same ratio for any part of 
a year, and during the same period shall dispose of the 
sewage and storm water of the city of Somerville empty- 
ing into any sewer of Cambridge under the provisions of 
this act, in the same manner that it disposes of its own 
sewage and storm water in the same sewer, and without 
any cost or charge to the city of Somerville. 
Description of SECTION 6. The city of Somei'ville for the purposes 
Somerville to be of draining the following described territory situated in 
Somerville, namely: — commencing at a point on the 
boundary line between Cambridge and Somerville distant 
one hundred sixty-eight feet southeasterly from a stone 



1884. — Chapter 195. 161 

bound marking said boundary line, and numbered twenty- Territory to be 
two ; thence running southeastwardly by said boundary '^'■*"^^^- 
line to the southeasterly line of Meacham street ; thence 
turning and running northeastwardly by said southeasterly 
line of Meacham street to the Middlesex Central Kailroad ; 
thence continuing in the same direction and crossing said 
railroad to a point one hundred feet southwesterly from 
the southwesterly line of Holland street ; thence turning 
and running northwestwardly by a line parallel with said 
southwesterly line of Holland street and one hundred feet 
distant therefrom, to the southeasterly line of Elmwood 
street ; thence turning and running southwestwardly by 
said southeasterly line of Elmwood street to a point in line 
with the prolongation of the southwesterly line of Mead 
street ; thence turning and running northwestwardly by 
said southwesterly line of Mead street prolonged, crossing 
Elmwood street and Cameron avenue, and by the said 
southwesterly line of Mead street to the northwesterly 
line of Moore street ; thence in the same direction cross- 
ing Newbury street and Clarendon avenue to the laud 
owned by the city of Cambridge ; thence southwestwardly 
by said land of the city of Cambridge, to the point of be- 
ginning, — may connect any sewer upon such territory 
with any sewer in Cambridge; and for that purpose the city council of 
city council of Somerville shall have the same right to falTpSte'"*^ 
take private land in Cambridge as it now has to take land |f^^ e"*^*™" 
for sewers in Somerville, and all the proceedings of such 
taking shall be conducted in the same manner as though 
such laud were in Somerville, and all persons or corpora- 
tions suffering damage in their property by reason of 
such taking shall have the same rights and remedies for 
ascertaining and recovering the amount of such damage 
as in the case of land taken for sewers in Somerville. 

Section 7. Each of said cities may, for the purposes May dig up 
of this act, carry its pipes and drains under any street, ^^^^^^' ^^■ 
railroad, highway or other way in such a manner as not 
unnecessarily to obstruct the same, and may enter upon 
and dig up such street, railroad, highway or other way 
for the purpose of laying, maintaining and repairing any 
such pipes and drains, and may do any other things nec- 
essary or proper in executing the purposes of this act ; 
but whenever either of said cities enters upon or digs up 
for such purposes any road, street or way which is outside 
its own territorial limits, it shall be subject to such reason- 



162 



1884. — Chapter 195. 



Regulations to 
be prescribed 
by the mayor 
and aldermen. 



Liability for 



Proviso. 



When discharge 
of sewage shall 
cease. 



Drainage not to 
be discharged 
into Ale wife 
Brook. 



able regulations as may be prescribed by the mayor and 
aldermen of the city wherein such street or way may be 
located, and shall restore said road, street or way to as 
good order and condition as it was in before such digging 
was commenced, shall perform the work in such manner and 
with such care as not to render any road, street or way iu 
which such pipes are laid unsafe or unnecessarily incon- 
venient to the public travel thereon, and shall at all times in- 
demnify and save harmless any city which is liable to keep in 
repair any road, street or way aforesaid, against all dam- 
ages which may be recovered against it, and shall re-im- 
burse to it all expense which it shall reasonably incur by 
reason of any defect or want of repair in such road, street 
or way caused by the maintenance, repair or replacing of 
said pipes, or by reason of any injury to persons or prop- 
erty caused by any defect or want of repair in any such 
pipes : 2)}'oi'ided, that such city has notice of any claim or 
suit for such damage or injury, and an opportunity to 
assume the defence thereof. Either city shall have the 
right to use without compensation any sewer built under 
this act within its own territorial limits. 

Section 8. Whenever the city of Cambridge lawfully 
ceases to discharge sewage into the sewer of the city of 
Somerville in the manner prescribed by the first section 
hereof, the city of yomerville shall cease to discharge its 
sewers into the sewers of the city of Cambridge, as 
provided in the sixth section hereof. 

Section 9. No person or corporation, public or pri- 
vate, shall, after the first day of September next, discharge 
or cause to be discharged either directly or indirectly into 
Alewife Brook any drainage, refuse or polluting matter of 
such quality and quantity as either by itself or iu connec- 
tion with other matter shall corrupt the waters of said 
brook, or tend to make the brook a nuisance deleterious 
to public health : provided, however, that this pr()hil)ition 
shall not extend to the sewage from the sewers named in 
the first section hereof, nor to sewage from lands now 
emptying sewage into said brook, in case the method 
therein prescribed for disposing of the same be deemed 
impracticable as aforesaid b}' the state board of health, 
lunacy and charity ; but this proviso shall not be construed 
to give to the city of Cambridge or any persons or cor- 
poration any right in addition to what it has at the date 
of the passage of this act, if any, to drain into said brook. 



1884. — Chapter 195. 163 

Section 10. Nothing herein contained shall be con- Discharge of 
strued to prevent the city of Cambridge from discharging ^ "^ ^* ^'' 
the storm water of its sewers, including those named in 
the first section hereof, iuto said brook, nor to destroy or 
impair prescriptive rights of drainage or discharge, if any, 
to the extent to which they lawfully exist at the date of 
the passage of this act ; and nothing in this act contained 
shall be construed to authorize the pollution of the waters 
of said brook in any manner now contrary to law. 

Section 11. The mayor and aldermen of Cambridge Lands in cam- 

.. • 1 1 • /^ 1 • 1 bridge draining 

may permit any persons owumg lands in Cambridge, now into Aiewife 
draining into Aiewife Brook, to drain such lands or any aiiowedto^dndu 
part thereof into either of the sewers in Cambridge named cambrid|e^'" 
in the first section hereof, upon such terms and conditions 
as they may prescribe. If within fourteen days after 
application to them they do not grant to any such person 
permission thus to drain, or if such person be dissatisfied 
with the terms and conditions prescribed by the mayor 
and aldermen, he may appeal to the state board of health, 
lunacy and charity, which board, after such notice as it 
may order and a hearing, shall decide whether such person 
may enter either of the sewers and what sum either in 
gross or at stated periods he shall pay to Cambridge there- 
for, and what other terms and conditions, if any, shall be 
imposed on account of such entry, which decision shall be 
final and binding upon all parties, one-half of said sum to 
be paid to the city of Somerville. 

Section 12. If at any time after the expiration of two if discharge of 
years from the first day of September next, the mayor age^throulh*^^' 
and aldermen of Somerville shall be of opinion that the er°i^d7trimenul 
operation of the works or the discharge and flowage of the to iieaith, com- 

•^ . O n mission may 

Cambridge sewage into and through the sewer of the city beiappointed. 
of Somerville, as provided for by this act, is detrimental 
to the health of the inhabitants of said city of Somerville, 
or any number thereof, said mayor and aldermen may 
apply to any justice of the supreme judicial court, in vaca- 
tion or at any regular term thereof in any county, who 
shall forthwith, and after such notice as said court or any 
justice thereof may deem proper, appoint three capable 
and disinterested persons to sit as a commission of inquiry, 
whose duty it shall be to hear any evidence that may be 
produced before them touching the effect of the operation, 
discharge and flowage aforesaid upon the health of the in- 
habitants of said city of Somerville or any part thereof ; 



164 



1884. — Chapter 195. 



Commission to 
report to tlie 
courti 



'Htate board of 
health may 
order persons, 
etc , to desist 
from acts affect- 
ing public 
health, etc. 



Parties to have 
a hearing. 



Proviso. 



Injunction may 
be issued by 
S. J. C. 



Order to be 
made in writing. 



Service of order. 



j-.-iid commission prior to said hearing shall order such 
public notice thereof as may seem proper to them, and if 
they are of opinion that the works provided for in section 
one of this act cannot be longer operated, or the sewage 
therein provided for longer discharged into and conveyed 
through the sewers of said city of Somerville, without 
detriment as aforesaid to the public health, they shall re- 
port accordingly to said court, and said court shall accept, 
re-commit or reject said report, or enter such order, 
decree or judgment in the premises as may seem just and 
proper. 

Section 13. Whenever a violation of any of the pro- 
visions of this act affecting the public health or the water 
supply of any city is committed, the state board of health, 
lunacy and charity may, if in its judgment the public 
health requires, order any person or corporation, public 
or private, to cease and desist from such violation and to 
remedy the pollution, or to cleanse or purify the polluting 
substances in such a manner and to such a degree that 
they shall be no longer deleterious to the public health, 
before being cast or allowed to flow into said brook : pro- 
vided, that before making such order the said board shall 
assign a time and place for hearing all parties interested, 
and shall give such parties an opportunity of being heard, 
and the orders herein before provided shall not be issued 
until after such notice and hearing ; and provided also, 
that upon the application of any city to said board alleg- 
ing the violation of any of the provisions of this act, and 
the pollution of its water supply thereby, said board shall 
grant a hearing, upon due notification to all parties inter- 
ested, and upon proof of such violation shall issue the 
order or orders already mentioned in this act. 

Section 14. The supreme judicial court or any one of 
its justices, in term time or vacation, shall have power to 
issue an injunction to enforce any order referred to in this 
act. 

Section 15. Every such order of the board of health, 
lunacy and charity shall be made in writing, and served 
by any person competent to serve a notice in a civil suit, 
personally, upon the person found guilty of violation as 
aforesaid, or his authorized agent, or a copy of the order 
may be left at the last and usual place of abode of such 
person, or his agent, if he has any such place of abode 
within the state known to the officer. If the residence of 



1884. — Chapter 196. IGo 

the owner or agent is unknown to the officer, or without 

1 • • • 

the state, the order may be served by pubhcation in one 

or more newspapers in such manner and for such time as 

said board may order. Any party aggrieved by any such Right of appeal 

order shall have the right of appeal to a jury, and be sub- °''J"''^ 

ject to sections eighty-eight and ninety of chapter eighty 

of the Public Statutes ; during the pendency of the appeal, 

the pollution against which the order has issued shall not 

be continued contrary to the order, and upon any violation 

of the same the appeal shall be forthwith dismissed. 

Section 16. Nothing herein before contained shall be Jurisdiction of 

, , , ~. . T . /• .1 • T 8. J.C. in equity. 

construed to exclude the jurisdiction or the supreme judi- 
cial court sitting in equity according to the usual course 
and practice of such court. 

Section 17. This act shall take effect upon its pas- subject to ac 
sage, but shall become void unless accepted by the city thfrty^Taj^I' '° 
council of each of said cities within thirty days thereafter. 

Approved April 29, 1884. 

An Act to confirm the organization of the south pocasset C7iap.\^Q 

CEMETERY ASSOCIATION, AND TO ENABLE SAID CORPORATION TO 
HOLD CERTAIN REAL ESTATE. 

Be it enacted, etc. , as folloivs : 

Section 1. The organization of the South Pocasset organization 
Cemetery Association with all acts done under said organi- 
zation, which societies of a similar character may legally 
do, are hereby ratified and confirmed. 

Section 2. The said corporation may take and hold ^^^ t^e^.c^of^ 
the real estate known as the " Old Cemetery lot" situate cemetery lot." 
in that part of the town of Bourne called Pocasset adjoin- 
ing the property of said corporation and containing one 
hundred and eighteen rods for burial purposes, subject to 
all laws that are or hereafter may be in force relating to 
similar societies. 

Section 3. Any person claiming to be aggrieved by AsseBsmentof 
the provisions of this act, may at any time within one year ^™^^®*" 
after this act takes effect, apply by petition to the superior 
court for the county of Barnstable, and his damages, if 
any, shall be assessed and determined by and under the 
direction of said court, and shall be paid by said South 
Pocasset Cemetery Association. 

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

Approved April 30, 1884. 



166 



1884. — Chapters 197, 198. 



Ch(ip.\^7 -^N Act to establish the salary of the clerk of the police 

COURT OF CHELSEA. 

Be it enacted, etc., as foUoics : 
Salary of clerk. Section 1. The clerk of the police court of Chelsea 

shall receive an annual salary of nine hundred dollars. 
Repeal. SECTION 2. So much of scction three of chapter one 

hundred and seventy-six of the acts of the year eighteen 
hundred and eighty-two as is inconsistent with this act is 
hereby repealed. 

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

Approved April 30, 1884. 



Chapl^S 



The Needham 
Cemetery Asso- 
ciation incorpo- 
rated. 



Real and per- 
sonal estate. 



First parish In 
Needham may 
convey burial 
ground to corpo- 
ration when 
organized. 



Proviso. 



Proprietors of 
lots to be mem- 



An Act to incorporate the needham cemetery association. 
Be it enacted, etc., as follows : 

Section 1. James Mackintosh, Lauren Kingsbury, 
William Moseley, Edgar H. Bovvers, William Carter, 
Cyrus W. Jones, Otis Morton, Albert E. Miller, Alex- 
ander Lynes and William Gorse, their associates and suc- 
cessors, are hereby made a corporation by the name of The 
Needham Cemetery Association, for the purpose of ac- 
quiring, holding, managing and perpetuating a place for 
the burial of the dead iu the town of Needham, with all 
the powers and privileges and 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 otherwise hereinafter provided. 

Section 2. Said corporation may purchase, acquire, 
receive and hold real estate in the town of Needham, to 
the extent of forty acres, and may also hold personal estate 
to an amount not exceeding twenty-five thousand dollars, 
in addition to any amounts which may be held by it under 
the provisions of section six of this act. 

Section 3. The first parish in Needham is hereby 
authorized, whenever said corporation shall be duly organ- 
ized, to release and convey to said corporation for such 
consideration and upon such terms as may be agreed upon 
by a deed executed by the treasurer of said parish on its 
behalf, the whole of the real estate and rights of property 
now held and set apart by said parish as a burial ground 
for the dead : provided^ that a majority of the qualified 
voters of said parish present and voting shall vote so to do 
at a meeting duly warned for that purpose. 

Section 4. All persons who shall become proprietors 



1884. — Chapter 198. 167 

of lots in any lands acquired by said corporation and all bers of corpora- 
persons who shall be proprietors of lots, whether by deed 
or otherwise, in the real estate mentioned in section three 
of this act, at such time as the release and conveyance 
therein authorized may be made to said corporation, shall 
be and become members of said corporation. And when- 
ever any person shall cease to be the proprietor of a lot in 
the lands of said corporation he shall cease to be a member 
thereof. 

Section 5. All the net proceeds of sales of lots in the Net proceeds of 
lands held by said corporation shall be forever devoted voted "oim-^ 
and applied to the preservation, improvement, embellish- provements. 
ment, protection and enlargement of said cemetery, and 
the incidental expenses thereof, and to no other purpose. 

Section 6. Said corporation is hereby authorized to May take and 
take and hold any grant, donation or bequest of property, o?bequestoT 
upon trust to apply the same, or the income thereof, for P''°P®'''y- 
the improvement, embellishment or enlargement of said 
cemetery, or for the erection, repair, preservation or re- 
moval of any monument, fence or other erection, or for 
the planting and cultivation of trees, shrubs or plants, in 
or around any lot, or for improving said premises in any 
other manner or form, consistent with the purposes for 
which said corporation is established, according to the 
terms of such grant, donation or bequest ; and whenever 
any such grant, donation or bequest, or any deposit of any 
money shall be made by the proprietor of any lot in said 
cemetery, for the annual repair, preservation or embel- 
lishment of such lot and the erections thereon, the said 
corporation may give to such proprietor or his representa- 
tives an agreement or obligation, in such form and upon 
such conditions as it may establish, binding said corpora- 
tion and its successors to preserve and keep in repair said 
lot forever, or for any such period as may be agreed upon. 

Section 7. The officers of said corporation shall con- Treasurer ana 
sist of five trustees, a treasurer, and a clerk, who shall be ed annuafiy!^*'*' 
elected at the annual meeting of said corporation, a presi- 
dent to be elected annually by the trustees from among 
their numbers and such subordinate officers as may be 
provided for by the by-laws. Said treasurer and clerk 
shall each be elected for one year, and until his successor 
is elected and qualified. Said trustees shall be elected, J^^e^for ttve°^^ 
one each year, for the term of five years, provided how- years. 
ever that at the first election the terms shall be respec- 



168 



1884. — Chapter 198. 



Vacancies. 



Annual meet- 
ings. 



Quoram to coU' 
siet of fifteen 
persons. 



Meeting for or- 
ganization. 



Meeting to be 
called aftet con- 
veyance ia 
made. 



tively, one, two, three, four and five years. Said trustees 
shall have the general management, care and superintend- 
ence of the property, expenditures, business and pruden- 
tial affairs of said corporation and of the sales of lots in 
said cemetery, and shall make a report of their doings to 
the corporation at its annual meeting. The treasurer shall 
give such bond as the trustees may direct. In case of a 
vacancy in said board of trustees or in the oflSce of treas- 
urer or clerk, by death, resignation, removal or otherwise, 
such vacancy may be tilled for the unexpired term at any 
annual or special meeting of the corporation. 

Section 8. The annual meeting of said corporation 
shall be held on the first Tuesday of April in each year, at 
such place in the town of Needham as the trustees shall 
direct. Special meetings may be called at any time by 
order of the trustees. Notice of annual and special meet- 
ings shall be published two successive weeks in some 
newspaper published in said town of Needham, or in the 
town of Dedham. At all meetings of said corporation a 
quorum for business shall consist of not less than fifteen 
persons, and any business, except as hereinafter provided, 
may be transacted, of which notice shall have been given 
in the advertisement of the meeting, and all questions 
shall be decided by a majority of the members present or 
represented who may vote either in person or by proxy. 

Section 9. This act shall take effect upon its passage, 
so far as to authorize the corporation herein mentioned to 
hold a meetinor at which an orsfanization shall be effected 
by the election by ballot of a temporary president, treas- 
urer and clerk, who shall be authorized to negotiate with 
said parish for a conveyance to said corporation of the 
whole or anj'^ part of the real estate of said parish, includ- 
ing that mentioned in section three, and to receive such 
conveyance, but shall not take effect for any other than 
the foregoing purposes until such conveyance shall have 
been executed and delivered by said parish to said corpo- 
ration. Notice of the time, place and purpose of said 
meeting shall be given in writing by the corporator first 
named to each of the others, three days at least before 
said meeting. As soon as said conveyance shall have 
been made and delivered as aforesaid, said temporary 
president, treasurer and clerk shall call a meeting of the 
proprietors of lots in said real estate mentioned in section 
three, who shall at said meeting elect by ballot theoflicers 



1884. — Chapters 199, 200. 169 

mentioned in section seven. If said meeting shall be held 
on any other day than that herein before prescribed for the 
annual meeting, all officers elected shall hold their respect- 
ive offices for the full terms to which they may be sever- 
ally elected, reckoning however as one year the time in- 
tervening between the date of the said first meeting and 
the date of the annual meeting next ensuing. Said tirst First meeting. 
meeting shall be called by publishing notice of the time, 
place and purposes thereof two successive weeks in some ^ 

newspaper published in said Needham or said Dedham, 
the last publication to be at least three days before said 
meeting. Approved April 30, 1884. 

An Act in addition to an act to regulate the taking of (7^a7>.199' 

FISH IN north river IN THE COUNTY OF PLYMOUTH. 

Be it enacted^ etc., as follows : 

Section 1. Whoever sets a seine or combination f>f ^t^e'd ijf Nonh* 
seines over three hundred and eighty-five feet in length, Rivei. 
or casts a mesh net over three hundred and fifty feet in 
length, in the North River in the county of Plymouth, 
shall for each offence be punished by fine not less than 
twenty-five nor more than one hundred dollars, or by im- 
prisonment in the house of correction not less than one 
nor more than three months. 

Section 2. Section forty-one of chapter ninety-one of P|'°g^'«\°"j%°f 
the Public Statutes shall not apply to the fisheries in said not to apply.' 
North River. 

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

Approved April 30, 1884. 

An Act confirming certain acts of the town of woburn in nji(ij)^2iOO 

RELATION TO ITS WATER SUPPLY AND AUTHORIZING AN INCREASE " 

OF ITS WATER DEBT. 

Be it enacted, etc., as follows : 

Section 1. The following votes of the town of Wo- votes of the 
burn and the debts respectively contracted thereunder and confirmed." 
the notes given therefor as herein specified, so far as the 
same are invalid for want of authority in the town to in- 
crease its permanent water debt or by reason of any omis- 
sion to comply with the provisions of law, are hereby 
made valid and confirmed, to wit : — The vote of said town 
passed at a town meeting held on the second day of April 
in the year eighteen hundred and seventy-seven authoriz- 



170 



1884. — Chapter 200. 



Votes con- 
firmed. 



Sinking funds. 



May increase 
water debt. 



ing its treasurer to hire money sufficient to pay the claim 
of George H. Norman against the town, being on account 
of the construction of its water works, the two debts con- 
tracted thereunder amounting to twenty-two thousand five 
hundred dollars and the two notes given therefor : — The 
vote of said town passed at a town meeting held on the 
thirtieth day of July in the year eighteen hundred and 
seventy-eight, authorizing its treasurer to hire twelve 
thousand dollars for water works construction, and the vote 
of said town passed at a town meeting held the seventh 
day of April in the year eighteen hundred and seventy- 
nine authorizing its treasurer to hire the sum of thirty-five 
hundred dollars for water works construction in addition 
to the twelve thousand dollars specified in the last preced- 
ing vote, the two debts contracted under said two last 
mentioned votes both amounting to fifteen thousand five 
hundred dollars and the two notes given therefor: — The 
vote of said town passed at a town meeting held on the 
twenty-sixth day of May in the year eighteen hundred and 
seventy-nine authorizing its water commissioners to pur- 
chase an engine for its water works and appropriating 
eight thousand dollars therefor : — The vote of said town 
passed at a town meeting held on the twentieth day of 
October in the year eighteen hundred and seventy-nine 
authorizing its treasurer to hire a sum not exceeding fifty- 
five hundred dollars for its water works construction, the 
two debts contracted under said two last mentioned votes 
both amounting to thirteen thousand three hundred dol- 
lars and the two notes given therefor ; and the vote of 
said town passed at a town meeting held on the thirtieth 
day of July in the year eighteen hundred and eighty au- 
thorizing its treasurer to hire the sum of twenty-five thou- 
sand dollars appropriated to water works construction, the 
debt of fifteen thousand dollars contracted thereunder and 
the note given therefor. 

Section. 2. The action of said town in establishing 
sinking funds in accordance with any of said votes is here- 
by made valid and confirmed. 

Section 3. In addition to the water debts amounting 
to sixty-six thousand three hundred dollars made valid 
and confirmed as set forth in section one of this act, said 
town may further increase its permanent water debt to an 
amount not exceeding thirty-three thousand seven hun- 
dred dollars upon complying with the provisions of chapter 



1884. — Chapter 201 . 171 

twenty-nine of the Public Statutes and any acts in amend- 
ment thereof or in addition thereto so far as the same are 
applicable. 

Section 4. This act shall take effect upon its accept- subject to ac 
ance by a two-thirds vote of the voters of said town pres- two'.thi^ds^vote. 
ent and voting thereon at a legal town meeting called for 
the purpose within two years from its passage. 

Approved April 30, 1884. 



Cha2?.201 



An Act to authorize the town of concord to increase its 
water supply. 

Be it enacted, etc., as follows: 

Section 1. The town of Concord, in addition to the May increase 
powers now conferred upon it by law, is hereby author- "''»*«'" supply. 
ized to supply itself and its inhabitants and other persons, 
towns and corporations on the line of its water works with 
pure water to extinguish tires, generate steam and for 
domestic and other purposes, and may establish public 
fountains and hydrants and regulate their use, and dis- 
continue the same, and may collect rates to be paid for the 
use of the water. 

Section 2. Said town, for the purposes aforesaid. May take waters 
may take and hold the waters of Nagog Pond, so called, •„^&/^°'"^ 
in the towns of Acton and Littleton and the waters which •"•"d Lutieton. 
flow into and from the same, and may also take and hold 
by purchase or otherwise all necessary lands for raising, 
holding, diverting, purifying and preserving such waters, 
and conveying the same to any and all parts of said town 
of Concord, and may erect thereon proper dams, reser- 
voirs, buildings, fixtures and other structures, and make 
excavations and embankments, and procure and operate 
machinery therefor ; and for such purposes may construct 
and lay down, dig up and repair conduits, pipes and other 
works in, under or over any lands, water courses or rail- 
roads, and along any street, highway, alley or other way, 
in such manner as not unnecessarily to obstruct the same, 
and may dig up, raise and embank any such lands, street, 
highway, alley or other way in such manner as to cause 
the least hindrance to travel thereon. 

Section 3. Instead of taking the entire waters of said Quantity of wa- 
Nagog Pond, said town of Concord may, if it shall so lubject'toa^vote 
elect, take a part of said waters, such election to be made oft^etown. 
by a vote of said town declaring the quantity or propor- 
tion of said waters to be so taken. 



172 



1884. — Chapter 201. 



To file in regis- 
try of deeds a 
description of 
land and water 
taken. 



May, by vote, 
take an in- 
creased propor- 
tion of waters. 



Water to be 
measured. 



Liability for 
damages. 



Application for 
damages not to 
be made until 
water is actually 
withdrawn. 



Section 4. Within ninety days after the tinae of tak- 
ing any lands, waters or water courses as aforesaid, other- 
wise than by purchase, said town shall file in the registry 
of deeds for the southern district of the county of Middle- 
sex a description thereof suflBciently accurate for identifi- 
cation, with a statement of the purpose for which thesanae 
is taken, signed by a majority of the water commissioners 
of said town ; and if said town shall have made the elec- 
tion authorized by section three of this act, said description 
and statement shall be accompanied by a copy of the vote 
of said town signifying such election. 

Section 5. Said town of Concord, if it shall have 
made the election authorized by section three of this act, 
may thereafter from time to time, if it shall so elect, take 
an increased proportion of said waters, each successive 
election to be made by a vote of said town declaring the 
additional quantity or proportion of said waters to be so 
taken, and upon each such successive election and within 
ninety days thereafter said town shall file in said registry 
of deeds a description, statement and copy of the vote 
therefor as provided for in section four of this act. 

Section 6. If said town shall make the election au- 
thorized by section three of this act, said town shall pro- 
vide a reliable means or method of measuring and registering 
the amount of water taken, such register or record to be 
at all times accessible to any interested parties. 

Section 7. The said town of Concord shall pay all 
damages sustained by any person in property by the tak- 
ing 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 ; said damages to 
be based and proportioned in case of the taking of 
water or water rights upon the amount of water taken as 
aforesaid. Any person or corporation sustaining damages 
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 application at any time within, three years 
from the time when the water is actually withdrawn or 
diverted, and not thereafter. 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 



1884. — Chapter 201. 173 

water is actually withdravvu or diverted by said town 
under the authority of this act. 

Section 8. Said town of Concord, for the purposes May borrow 

, . .1.1 p J.' xi.' V, money and Issue 

herein authorized, may from time to time borrow money bonds, etc. 
and issue notes, bonds or scrip therefor to an amount not 
exceeding fifty thousand dollars in addition to the amount 
already authorized by law in the manner and under the 
restrictions provided by section four of chapter one hun- 
dred and eighty-eight of the acts of the year eighteen hun- 
dred and seventy-two. 

Section 9. The board of water commissioners of said ^n'gr8To°hTve 
town of Concord shall execute, superintend and direct the charge of works. 
performance of all the works, matters and things men- 
tioned in this act and exercise all the rights, powers and 
privileges hereby granted to said town and not otherwise 
specifically provided for herein, subject to the vote of said 
town. The provisions of sections seven, eight, nine and 
ten of chapter one hundred and eighty-eight ot the acts of 
the year eighteen hundred and seventy-two shall apply to 
this act as if inserted herein. 

Section 10. Nothing contained in this act shall pre- Acton and lu- 
vent the town of Acton nor the town of Littleton from ve\te"dfrom'^^" 
taking the waters of said Nagog Pond whenever said towns Nagol PonT "^ 
or either of them may require the same for similar pur- 
poses, and in case of such taking by either of said towns 
or both of them, if from any reason the supply of water in 
said pond shall not be more than sufficient for the needs of 
the inhabitants of the towns of Acton and Littleton, then 
the needs of the inhabitants of said towns shall be first 
supplied ; and if either of said towns of Acton or Little- if water is tak- 
ton shall hereafter be authorized to take and shall take the Just pTopVtion'^ 
waters of said Nagog Pond or any part thereof which the °^ 'damages. 
town of Concord may have taken under this act, said town 
so taking shall pay to said Concord a just and proportion- 
ate part of whatever sums the said town of Concord shall 
have paid or become liable to pay for water damages to 
any persons or corporations for the taking of water rights 
from said pond or the outlet thereof, to be ascertained, if 
the parties shall fail to agree, by three commissioners to 
be appointed upon the application of either party by the 
supreme judicial court ; the report of said commissioners 
made after hearing the parties, and returned to and ac- 
cepted by said court shall be final between the said 
parties. 



174 



1884 — Chapter 202. 



Commonwealth 
may take water 
from Nagog 
Pond. 



Contract be- 
tween Concord 
and the Com- 
monwealth. 



Subject to ac- 
ceptance by 
town of Concord 
within one year. 



Section 11. The Commonwealth of Massachusetts 
shall have the right to take from said Nagog Pond, for use 
in buildings owned by said Commonwealth in the town of 
Concord, an amount of water not exceeding two hundred 
thousand gallons per day, and the said right is hereby re- 
served. If the said Commonwealth shall take from said 
pond its waters, or any part thereof, which the town of 
Concord may have taken under this act, otherwise than 
by contract with said town of Concord, the said Common- 
wealth shall pay to said town of Concord a just and 
proportionate part of whatever sums the said town of 
Concord shall have paid or become liable to pay for water 
damages to any persons or corporations for the taking of 
water rights from said pond or the outlet thereof, to be 
ascertained and determined as is provided for in section 
ten of this act. But if upon the expiration of the contract 
made on the first day of October in the year eighteen hun- 
dred and eighty-three between the said town of Concord 
and said Commonwealth to provide for the delivery of 
water from the Concord water works for use within the 
walls of the state prison, said town of Concord by its 
water commissioners shall renew said contract for five 
years on the terms named therein, or shall tender to the 
governor of the Commonwealth a renewal of said contract 
for five years on the terms named therein, with the option 
upon the part of said Commonwealth of a further renewal 
for a term of twent}'^ years upon said terms, then the 
right of said Commonwealth herein provided for shall 
cease. 

Section 12. This act shall take effect upon its passage, 
but shall become void unless it is accepted by a vote of 
said town of Concord at a legal meeting held for the pur- 
pose within one year from its passage. 

Approved April 30, 1S84. 



Cha:p.20^ 



Corporators. 



An Act to incorporate the highland congregational church 

in lowell. 

Be it enacted, etc., as follows: 

Section 1. James G. Buttrick, William [L. Davis, 
Cyrus B. Emerson, John T. Carter, Hamden Spiller, 
Lucy R. Carter, Almira Sturtevant, Clara S. Spiller 
and all other members of the Highland Cong^regational 
Church in Lowell, and their successors as members of said 



1884. — Chapters 203, 204, 205. 175 

church, are hereby made a corporation with all the powers Powers and du- 
and privileges and subject to all the duties, restrictions ^'^*' 
and liabilities set forth in all general laws which now are 
or hereafter may be in force applicable to religious socie- 
ties. 

Section 2. Said corporation shall be called the High- Name, 
land Couo;regational Church. 

Section 3. Said corporation may hold real and per- Real and per- 

,,,, .. 3' hca. A.y 1 sonal estate. 

sonal estate to an amount not exceeduig nrty tnousanu 
dollars, for parochial and religious purposes. 

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

Approved April 30, 1884. 

An Act relative to the appointment of receivers of cor- 
porations. 

Be it enacted, etc., as follows: 

Section 1. Section forty-two of chapter one hundred Appointment of 

-.^ ., -r»iT 1 I'j ji • receivers upon 

and nve oi the l^ublic Statutes, relative to the appomt- expiration of 
ment of receivers of corporations, is hereby amended by ^°''p°'*''°"- 
striking out in the tifth line thereof the words, " at any 
time within said three years." 

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

Approved April 30, 1884. 



Cha2J.20S 



Chap,204: 



An act relating to the compensation of the clerk of the 
fourth district court of plymouth. 

Be it enacted, etc., as follows : 

Section 1 . The clerk of- the fourth district court of saiary and trav- 

T-«i 1111 • ITS- \ • I !• I elling expenses 

riymouth shall receive, in addition to his salary, his travel- of cierk. 
ling expenses necessarily incurred in discharge of the 
duties of his office, not exceeding one hundred dollars per 
year, to be audited and allowed by the county commis- 
sioners of said county. 

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

Approved April 30, 1884. 

An Act relating to the compensation of the special jus- (JJiCtT). 205 

TICES of the district court of HAMPSHIRE. 

Be it enacted, etc., as follows : 

Section 1. The special justices of the district court of Travelling ex- 
Hampshire shall be allowed their travelling expenses nee- paid, 
essarily incurred when holding sessions of said court out 
of the places where they respectively reside, not exceed- 



176 1884. — Chapters 206, 207, 208. 

ing one hundred dollars per year each, to be audited and 
allowed by the county commissioners of said county. 
Section 2. This act shall take effect upon its passage. 

Approved April 30, 1884. 

{JJian.^OQ ^N ^^'^ ^^ ADDITION TO AN ACT CONCERNING BEACHES IN THE 

TOAVN OF SWAMPSCOTT. 

Be it enacted, etc., as follows : 
Sand, gravel, SECTION 1. Chapter two hundred and seventeen of 

Temovedwith- the acts of thc year eighteen hundred and fifty-six, con- 
of*8erecTmen?" ccming bcachcs in the town of Swampscott, is hereby so 
amended that all the provisions of said act shall apply to 
Phillips Beach, so called, in said town, extending from 
Phillips Point northerly to the line of the town of Marble- 
head, in the same manner as to the beaches named in said 
act. 

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

Approved April 30, 1884. 



ChaV-'^Ol ^'^ ^^'^ RELATING TO THE ANNUAL REPORT OF THE AUDITOR OF 

ACCOUNTS. 

Be it enacted, etc., as follows: 

Report of the Section 1. Ou or beforc thc thirtieth day of January 

count°^° '"^' in each year the auditor of accounts shall submit in print 
or otherwise, to the general court, an abstract of his re- 
port for the early use of the legislature, exhibiting a full 
and accurate statement of the financial condition of the 
Commonwealth, and of the pecuniary transactions thereof, 
during the year ending on the last day of the preceding 
month. And his report in detail shall be submitted in 
print as soon thereafter as may be. 

p. S.16, §7, Section 2. Section seven of chapter sixteen of the 

repe e . PubHc Statutcs is hereby repealed. 

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

Approved April 30, 1884. 

Ch(lV''2iOS -^^ -^CT TO ESTABLISH THE SALARY OF THE JUSTICE OF THE FIRST 
DISTRICT COURT OF EASTERN WORCESTER. 

Be it enacted, etc., as follows: 
Salary estab. SECTION 1. The anuual Salary of the justice of the 

hshed. g^^^ district court of Eastern Worcester shall be one 

thousand dollars. 



1884. — Chapters 209, 210, 211, 212. 177 

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

Approved April 30, 1884. 

An Act in relation to the compensation of the sheriff of (Jfi(l'p.'2t09 

THE county of DUKES COUNTY. 

Be it enacted, etc., as follows: 

Section 1. The sheriff of the county of Dukes County May retain fees 
may retain to his own use, in addition to his salary, the servrJe of proc- 
fees accruing from the service of processes from and after ^^^' 
the first day of January in the current year. 

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

Approved April 30, 1884. 



Chap.210 



An Act in relation to the better protection of children. 

Be it enacted, etc., as follows. • 

Section 1. Section four of chapter two hundred and Penalty for un- 

r I /• 1 "1 1 1 T 1 reasonably neg- 

seventy oi the acts or the year eighteen hundred and lecting to sup. 
eighty-two is hereby amended so as to read as follows : chiiar'""' 
— Whoever unreasonably neglects to provide for the sup- 
port of his minor child shall be punished by fine not ex- 
ceeding twenty dollars, or by imprisonment in the house 
of correction not exceeding six months. All fines im- 
posed under this section may in the discretion of the court 
be paid in whole or in part to the town, city, corporation, 
society or person actually supporting such minor child at 
the time of making the complaint. 

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

Approved April 30, 1884. 

An Act to establish the salary of the justice of the po- (JJiart.^W 
lice court of brookline. 

Be it enacted, etc., as follows : 

Section 1. The annual salary of the justice of the po- salary of jus- 
lice court of Brookline shall be one thousand dollars. *"'** 

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

Approved May 2, 1884. 



Chap.212 



An Act for the better protection of lobsters. 
Be it enacted, etc., as folloios : 

Section 1. Section eighty-four of chapter ninety-one Lobsters less 
of the Public Statutes is amended so as to read as follows : oneVai? tnclies 
— Whoever sells or offers for sale, or has in his possession, jjVsTworhaV 
a lobster less than ten and one-half inches in length, in possession. 



178 1884.— Chapters 213, 214. 

measuring from one extreme of the body extended to the 
olher, exclusive of claws or feelers, shall forfeit five dol- 
lars for every such lobster ; and in all prosecutions under 
this section the possession of any lobster not of the re- 
quired length shall be prima facie evidence to convict. 
Mutilation af- SECTION 2. Any mutilation of a lobster affecting its 
prima faHeeW measurement shall be prima facie evidence that the lobster 
dence, etc. j^ j^g^ x\^Q.n tcu and one-half inches in length. 
<3omrai8sioner8 SECTION 3. The commissioucrs of inland fisheries 

of inland fisher- ii.i .1 ^ n ji •• c 

ies to enforce the shall havc the saffic powers to enforce the provisions or 
'*^" this act as they have to enforce all laws regulating inland 

fisheries given them by section three of chapter ninety- 
one of the Public Statutes. 
District police SECTION 4. The govcmor may, at the written request 

may be detailed, ^,, .. "., ■\ f , • •.! />,i 

etc. ot the commissioners on inland nsheries, or either oi them, 

detail one or more of the district police, from any district 
or town he may see fit, to enforce the provisions of this 
act throughout the Commonwealth. 

re ^ea^ed^ ^^' °°* SECTION 5. Nothing herein contained shall be so con- 
strued as to repeal any part of section eighty-three of 
chapter ninety-one of the Public Statutes. 

Approved May 2, 1884. 

>.213 ^^ ^^"^ RELATING TO THE EMPLOYMENT OF PILOTS ON BOARD 
WHALING VESSELS OUTWARD BOUND FROM THE PORT OF NEW 
BEDFORD. 

Be it enacted, etc. , as folloivs : 
Whaling vessels SECTION 1. Whaling vcsscls outward bound from the 
SotTequired to port of Ncw Bedford shall be exempt from the provisions 
employ a pilot. ^^ gectiou tweuty-sevcn of chapter seventy of the Public 

Statutes relating to the employment of pilots. 
To take effect SECTION 2. This act shall take effect on the first day 

of August in the year eighteen hundred and eighty-four. 

Approved May 5, 1884. 



Chajp. 



Aug. 1, 1884. 



OAa7?.214 "^N Act TO INCORPORATE THE BRANDT ISLAND CLUB. 

Be it enacted., etc., as follows: 
Brandt Island Section 1. Johu S. Loomis, Gco. V. Brower, Alfred 
ted. '"'^"'■P''''^' wr^ Booth, Charles S. Belford and Thomas Stratton, their 
associates and successors, are hereby made a corporation 
on Brandt Island in the town of Mattapoisett, by the 
name of Brandt Island Club, for the purpose of erecting 
on said island houses and other buildings for residence, 



1884. — Chapter 21 5. 179 

and improving and beautifying said island and such prem- 
ises as they may hereafter acquire contiguous thereto, 
and for the propagation of shell and other fish ; with all 
the powers and privileges, and subject to the duties, lia- 
bilities and restrictions which now are or may be in force 
relating to such corporations. 

Section 2. Seining or taking of fish by any other Fishing with 
method than with hook and line within fifty rods of said ^^"^ '»"'^ "^e- 
island, or the taking and carrying away of shell fish with- sheii Ash. 
in fifty rods of said island, without the written consent of 
the selectmen of the town of Mattapoisett, is prohibited, 
under a forfeiture for each offence of a sum not exceeding 
twenty dollars and not less than five dollars, to be recov- 
ered in any court proper to try the same. 

Section 3. Said corporation may hold real and per- Real and per- 
sonal estate to the amount of fifty thousand dollars, and capfta^^sto'ckf"** 
mortgage and sell the same ; and the whole capital stock 
of said corporation shall not exceed fifty thousand dollars, 
divided into shares of one hundred dollars each : provided^ 
that said corporation shall incur no liabilities until an 
amount equal to fifty per cent, thereof is subscribed and 
paid in in cash. Aj)proved May 5, 1884. 



An Act to establish the first district court of northern nj^ri^ 01 /? 

WORCESTER. -^ ' 

Be it enacted, etc. , as follows : 

Section 1. The towns of Athol, Petersham, Phillips- First district 
ton, Royalston, Templeton, Gardner and Hubbardston ern worcfste?' 
shall constitute a judicial district under the jurisdiction of 
a court to be called the First District Court of Northern 
Worcester. Said court shall be held in the towns of 
Athol and Gardner, and shall have a clerk. 

Section 2. There shall be one justice and two special one justice and 

. . I. • 1 11 • 1 • • Till ^'^^ special jus- 

justices of said court, and the said justices and the clerk tices. 
herein provided for shall be appointed in the manner and 
with the tenure of ofiice respectively provided in the case 
of justices and clerks of other police and district courts. 
All the provisions of law applicable in common to police 
and district courts shall be applicable to said court. 

Section 3. The said court shall be held daily except sessions of the 
on Sundays and legal holidays for criminal business, on and^r^minai'^ 
Mondays, Wednesdays and Fridays at Gardner, and ^"8'n«8»- 
Tuesdays, Thursdays and Saturdays at Athol; and return 



180 1884. — Chapter 216. 

Return days for (Jays foF writs in civil actioiis therein shall be at Gardner 
on the first and third Wednesdays and at Athol on the 
second and fourth Thursdays of each month. Two or 
more sessions of said court may be held in either or both 
of said towns at the same time, the fact being stated upon 
the record. Said court may adjourn from one to the 
other of said towns whenever the public convenience may 
seem to the justice presiding therein to render such ad- 
journment expedient, and when no justice is present the 
court may be so adjourned by the sheriff of Worcester 
county or either of his deputies. 
Salaries of jus- SECTION 4. The justicc of Said court shall receive from 
the county of Worcester an annual salary of twelve hun- 
dred dollars, and the clerk thereof an annual salary of six 
hundred dollars. 
Writ may run SECTION 5. When OHC of scvcral defendants resides 
wheiToneoT^sev^ within Said dlstrict the writ issued by said court may run 
residlfin"!^"^^ i^to any county and be served on the other defendant or 
*^'''°'- defendants fourteen days at least before its return day, in 

like manner as if issued by the superior court. 
Proceedings du- SECTION 6. All proceedings duly commenced before 

ly commenced to i«i« i- /• • •> ^,^ • ■ i t , • ^ 

be prosecuted any trial justice tor said county within said district, or 
and determined. |jgj(j^.g gj^y police, district or municipal court before this 

act takes full effect shall be prosecuted and determined as 

if this act had not been passed. 
To taise full ef- SECTION 7. This act shall take effect, so far as relates 

feet July 1, 1884. . . ... , ,.^ . .i • i- 

to appointing, commissioning and qualifying the justice, 
special justices and clerk of said court on its passage, and 
shall take full effect on the first day of July next. 

Approved May 6, 1884. 

Ch(inJ2i\Q ^^ ^^'^ "^^ CHANGE THE NAME OF THE WASHBURN IRON COMPANY. 

Be it enacted, etc., as follows : 
Name changed SECTION 1. The Washbum Irou Company incorpo- 

to Worcester nii . • /.i n • t i 

Steelworks, rated by chapter thirty-nine of the acts oi eighteen hun- 
dred and sixty-four shall hereafter be known as the Wor- 
cester Steel Works. 

jui*m\884''* Section 2. This act shall take effect on the first day 
of July eighteen hundred and eighty-four. 

Approved May 6, 1884. 



1884 — Chapters 217, 218, 219, 220. 181 

An Act to fix the time of filing the annual statements of QJiap.217 

INSURANCE COMPANIES. 

Be it enacted, etc., as follows: 

The annual statements of insurance companies doing Time of filing 
business in this Commonwealth, which are now required mentsonnsur- 
to be filed before the fifteenth day of January may in cases »"<=« "^o^P^^'es. 
where good cause is shown be filed within a date not 
later than February fifteenth by the consent of the insur- 
ance commissioner. Approved May 8, 1S84. 

An Act to confirm the proceedings of the last annual C'^ajO.218 

TOWN meeting of THE TOWN OF OTIS. 

Be it enacted, etc., as follows: 

Section 1. The proceedings of the annual town meet- Proceedings at 
ing of the town of Otis, held on the first Monday of March mming"con?'^° 
in the year eighteen hundred eighty-four, shall not be ^'■™®'^- 
invalid for the reason that the tellers appointed to aid in 
checking the names of voters and in assorting and count- 
ing the votes were not sworn ; and the election of the 
town ofiicers at said meeting is ratified and confirmed. 

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

Approved May 8, 1884. 

An Act relating to divorce in cases of long and unex- C%tt».219 
plained absence of the libellee. 
Be it enacted, etc., asfolloivs: 

Section 1. A divorce from the bond of matrimony Divorce for any 
may be decreed for any of the causes allowed by law not- withstanding 
withstanding the fact that the libellee has been continu- ofiibeiiee^a?"''* 
ously absent for such a period of time and under such ^mption^of^"' 
circumstances as would raise a presumption of death. death. 

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

Approved May 8, 1884. 

An Act to establish the salary of the justice of the first (J]iap.'2i^0 

district court of BRISTOL, HOLDING COURT IN ATTLEBOROUGH. 

Be it enacted, etc.y as follows: 

Section 1. The justice of the first district court of salary of jus- 
Bristol, who holds sessions of that court in Attleborough 
under the provisions of chapter one hundred and eighty- 
nine of the acts of eighteen hundred seventy-seven, shall 
be paid at the rate of eight hundred dollars a year. 

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

Ap2^)roved May 8, 1884. 



182 1884. — Chapter 221. 

C%a2?.221 An Act to establish and incorporate the masonic education 

AND charity trust. 

Be it enacted^ etc., as follows: 

b^a^dof'trastees Section ]. The Corporation known as the Master, 
to have charge Wardens and Members of the Grand Lodge of Masons in 
Massachusetts, established by chapter seventy-three of the 
acts of the year eighteen hundred and fifty-nine, shall 
have authority to institute a board of trustees, as herein- 
after provided, to receive, hold, invest, re-invest and man- 
age all gifts, devises and bequests made either to said 
board or to the grand lodge upon trusts for educational or 
charitable purposes and relief connected with the families 
of deceased or living members of said grand lodge and its 
subordinate organizations, or for the relief of distressed free- 
masons, their widows or orphans, of this or other states or 
countries, and also for the promotion of its library and col- 
lections relating to art, architecture and antiquities ; and it 
may also accept and hold intrust such funds as the said grand 
lodge may from time to time give to it upon specific trusts 
for any of the above named charitable or educational uses : 
Funds and prop. ^rov2'c?ec/, kowevei', that the whole amount of funds and 
ceed $1,000,000. property so held shall not exceed one million dollars. 
TrueteeR to be- SECTION 2. When Said board of trustees have been 

come a corpora- , iiini -tii- -i 

tion undername elected and shall havc organized by electmg a president, 

of the Masonic , -, . xi i i i ii ^ -j. 

Education and treasurer and secretary, the board shall report its organi- 
charity Trust, nation to the grand lodge, and the master thereof shall re- 
port the same to the secretary of the Commonwealth, 
under the seal of the grand lodge attested by the grand 
secretary, and thereupon said board shall be a corporation 
by the name of the Masonic Education and Charity Trust, 
with the same powers and subject to the same restrictions 
and liabilities as provided by general laws relating to cor- 
porations for similar purposes, but shall have none of the 
powers described in sections eight, nine and eleven of 
chapter one hundred fifteen of the Public Statutes. 
Trustees to hold SECTION 3. The Siiid grand lodge shall elect eight 

oflSce for eight i 1 1 i i i • i /■ p 

years. trustccs who shall hold respectively for terms of one, two, 

three, four, five, six, seven and eight years from the first 
day of January in the current year, and thereafter shall 
elect one trustee annually to hold for eight years, and may 
fill any vacancy that shall arise by death, resignation or 
removal by the board of any member for infirmity, neglect 
or other sufficient cause. A trustee may hold over after 



1884. — Chapter 222. 183 

his term expires till his successor has been elected and 
accepted. If after four months from the expiration of the vacancy. 
term or the occasion of a vacancy no election of a suc- 
cessor has been so made, the board of trustees may elect 
a trustee, who shall be a member of the grand lodge 
aforesaid, to fill the unexpired term. The grand master 
for the time being shall be a member of the board. Five 
of said trustees shall not at the same time hold the office 
of trustee and any other elected or appointed office in the 
grand lodge. 

Section 4. No loan shall be made of the trust funds No loan of trust 

. , /•>iii 111 II funds to be made 

to any member oi the board, nor shall any member be to any member 
surety for such loan. The trustees shall annually report Innuai Reports 
the condition and investment of all the funds entrusted to g°andiodgL?*^* 
them, to the said master, wardens and members of the 
grand lodge, whose directors shall cause the accounts of 
the said board to be examined at least once a year and 
oftener should they deem it necessary, and certify the 
result. Approved May 8, 1884. 

An Act requiring railroad companies to use safety couplers (JJi(ip.'2i2i2i 

ON FREIGHT CARS. 

Be it enacted, etc., as follows: 

Section 1. Every railroad company operating a rail- safety couplers 

.-» • i*/i ,,to be used on 

road or any portion o± a railroad, wholly or partly within freight cars. 
the state, shall place upon every freight car hereafter 
constructed or purchased by such corporation, and upon 
every freight car owned by such corporation, of which 
the coupler or drawbar is repaired by it, with intent to 
use such car, such forms or form of automatic or other 
safety coupler at each end thereof as the board of railroad 
commissioners may prescribe after examination and test of 
the same, and the railroad commissioners may annul any 
recommendation made by them. 

Section 2. The provisions of this act may be enforced brenfo?ced'by^ 
by the supreme judicial court on application of the attor- s. j. c. 
ney-general. 

Section 3. So much of this act as relates to the ex- J^g^j^j^f"^!, i 
amination and test shall take effect on its passage, and the isss. 
same shall take full effect on the first day of March next. 

Approved May 8, 1884. 



184 



1884. — Chapters 223, 224, 225. 



C^a/?.223 



Certain hotels, 
etc., not re- 
quired to main- 
tain more than 
one watchman. 



Provisions to 
apply to family 
hotels. 



An Act relating to safety appliances in hotels and public 

buildings. 
Be it enacted^ etc., as follows: 

Section 1. All hotels, boarding and lodging houses, 
subject to the provisions of chapter two hundred and fifty- 
one of the acts of the year eighteen hundred eighty-three, 
adopting a system of electric watch-clocks, that shall 
register at the office the movements of the watchman 
throughout the house, or adopting in the rooms any sys- 
tem of thermostats, or fire-alarm bells that shall be approved 
by the inspector of factories and public buildings, or in 
the city of Boston by the inspector of buildings, shall be 
exempt from maintaining more than one watchman, in 
addition to the regular night clerk and porters. 

Section 2. The provisions of this act and of said 
chapter two hundred and fifty-one of the acts of the year 
eighteen hundred and eighty-three shall apply to family 
hotels. 

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

Approved May S, 1884. 



May raise 
money to aid in 
construction of 
railroad. 



Subject to a 
two-thirds vote 
of the town. 



C'A«/?.224 An Act to authorize the town of Bedford to aid the ex- 
tension OF the boston and LOWELL RAILROAD. 

Be it enacted, etc. , as follmos : 

Section 1. The town of Bedford is hereby authorized 
to raise by taxation or otherwise a sum of money not to 
exceed two thousand dollars, and to pay the same to the 
Boston and Lowell Railroad Corporation as a contribution 
in aid of the construction of the extension of the railroad 
of said corporation through said town ; provided, that the 
inhabitants of said town, at a meeting duly called for that 
purpose, by vote of two-thirds of the legal voters present 
and voting thereon, shall vote to make such contribution. 

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

Approved May 8, 1884. 

Ch(ip.225 An Act to authorize the town of billerica to aid the ex- 
tension OF the boston and LOWELL RAILROAD. 

Be it enacted, etc. , as follows : 

May raise SECTION 1. Thc towu of Billcrica is hereby authorized 

instruction of" to raisc by taxation or otherwise a sum of money not to 

railroad. excccd forty thousand dollars and to pay the same to the 

Boston and Lowell Railroad Corporation as a contribution 



1884 — Chapters 226, 227. 185 

in aid of the construction of the extension of the railroad 
of said corporation through said town : provided, the in- subjectto a two- 
habitants of said town, at a meeting duly called for that lKwn!^°^ 
purpose, shall, by a vote of two-thirds of the legal voters 
present and voting thereon, vote to make such contribu- 
tion. 

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

AppQ'oved May 8, 1884. 

An Act in relation to betterments for locating, laying out (J}i(X7).^'2t^ 

AND constructing STREETS, WAYS AND PUBLIC PARKS. 

Be it enacted, etc., as follows. ■ 

Section 1. Whenever the authorities empowered to when land is 
locate, lay out or construct streets, ways or public parks or parkTauthor! 
in a city or town, shall take by purchase or otherwise any iot*g^me'*lnr 
land therefor, such authorities may make an agreement assessed upon 
in writing with the owner of such land that the city or owner's lands. 
town shall assume any betterments assessed upon the re- 
mainder of such owner's lands or any portion thereof, for 
such location, laying out and construction, and such 
agreement shall be binding on such city or town : provided, owner to re- 
such owner shall, on such terms as may be agreed upon aTmagls!'"* °'^ 
with said authorities, release to the city or town all claims 
for damages on account of locating, laying out and con- 
structing ."^uch street, way or park. 

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

Approved May 8, 1884. 



Chap.221 



An Act to authorize the trustees of the sigma phi society 
of williams college to hold additional real and personal 
estate. 

3e it enacted, etc., as follows: 

Section 1. The trustees of the Sigma Phi Society of M»y J^oid addj- 

-IX7-11- /-> 11 • 111 111 tional real and 

Williams L/Ollege, incorporated by chapter one hundred personal estate. 
and thirty-five of the acts of eighteen hundred and sev- 
enty-three, may for the purposes authorized by its charter 
hold real and personal estate to an amount not exceeding 
sixty thousand dollars, which shall not be exempt from 
taxation. 

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

Approved May 8, 1884. 



186 1884. — Chapters 228, 229, 230. 

Ch(ip,22S An Act making appropriations for the completion of the 

DOUBLE TRACKING OF THE TROT AND GREENFIELD RAILROAD. 

Be it enacted, etc., as follows : 

?fThiTro?iSd Section 1. /The sum of sixty-six thousand dollars is 

Greenfield Rail, hereby appropriated, to be paid out of the treasury of the 

Commonwealth, and expended under the direction of the 

governor and council in completing the double tracking 

of the Troy and Greenfield Railroad. 

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

Approved May 8, 1884. 

(JJiap.22Q ^^ ^^''^ RELATING TO THE TRANSFER OF STOCK IN CORPORATIONS. 

Be it enacted, etc., as follows : 
Transfer of The delivcrv of a stock certificate of a corporation to a 

stock in corpo- r /j 7 1 11 . . 

rations. ooua jiue purchascr or pledgee, tor value, together with 

a written transfer of the same, or a written power of 
attorney to sell, assign and transfer the same, signed by 
the owner of the certificate, shall be a sufficient delivery 
to transfer the title as against all parties ; but no such transfer 
shall affect the right of the corporation to pay any divi- 
dend due upon the stock, or to treat the holder of record 
as the holder in fact, until such transfer is recorded upon 
the books of the corporation, or a new certificate is issued 
to the person to whom it has been so transferred. 

Approved May 9, 1884. 

Ch(ip.2S0 A^ ^^^ CONCERNING THE VOLUNTEER MILITIA. 

Be it enacted, etc., as follows : 

Volunteer mill- Section 1. lu tlmc of pcacc the voluntccr militia shal I 
consist of not more than sixty companies of infantry, three 
companies of cavalry, three batteries of light artillery of 
four guns each, two corps of cadets and two signal corps. 

Two brigades. SECTION 2. The commauder-in-chicf shall arrange the 
artillery, infantry and cavalry into regiments, battalions 
and, when necessary, unattached companies, and not more 

Six regiments of than two brigades. There shall be not more than six 

infantry. rcglmcuts of infantry, one regiment or more of which 

at the discretion of the governor shall be trained, 
instructed and exercised in the manual and drill of heavy 
artillery. 

Brigadier-gen- Section 3. To cach brigade there shall be one briga- 

eral and com- .. ,, n' t it • /• ' j. 

missioned staff dier-gcneral, whose staii shall consist oi one assistant 
adjutant-general, one medical director, each with the rank 



1884.— Chapter 230. 187 

of lieutenant - colonel ; one assistant inspector-general, 
with rank of major, who shall be paymaster and muster- 
ing officer for unattached companies of such brigade ; one 
brigade quartermaster, one engineer, one judge-advocale, 
one provost marshal and two aids-de-carap, each with the 
rank of captain. There shall also be allowed to each Noncommis- 
brigade the following non-commissioned staff officers ; viz., officers. 
one brigade sergeant-major, one brigade quartermaster- 
sergeant, one brigade hospital steward, one brigade pro- 
vost-sergeant, one brigade bugler, one brigade color- 
bearer and two brigade sergeant clerks, and a signal corps 
to consist of one first lieutenant, one first sergeant, four 
sergeants and twenty privates. The first lieutenant shall 
be appointed and the men enlisted, mustered, and non- 
commissioned officers warranted by brigade commanders. 

Section 4. The commander of a regiment, separate Band of musi- 
battalion, corps of cadets or unattached company, may cJ!Ttw°enty-^^" 
employ or raise by enlistment a band of musicians, not to *^°"''"' ""™^"- 
exceed twenty-four in number, to be under his direction 
and command. Such musicians while on duty shall be 
subject to all the laws and regulations for the government 
of the militia, except that they need not be mustered in as 
prescribed for enlisted men. 

Section 5. The following officers and soldiers, and ^"^Tln."'*''^"^ 
none other, are entitled to be mounted ; every general, 
field and staff officer, every officer of cavalry, artillery and 
signal corps, every brigade, cavalry and artillery mm- 
commissioned staff officer, every enlisted man of cavalry, 
and the sergeants, the guidon corporal and buglers of 
light artillery ; one horse only shall be allowed to each of 
the above mentioned officers and soldiers ; and there shall 
be allowed thirty-two draught horses to each battery of 
light artillery of four guns ; to each battery of light artil- 
lery of more than four guns there shall be allowed for 
each additional gun eight draught horses. No horses shall 
be allowed for members of bands except by special orders 
of the commander-in-chief. 

Section 6. All staff officers of the militia shall be Appointment^ 
appointed as hereinafter provided, and commissioned byofficere.^* 
the commander-in-chief, on the request of the several 
appointing officers, provided that such appointees be eligi- 
ble, and no judge-advocate shall be commissioned unless 
he be a justice of the peace and a member of the Massa- 
chusetts bar. The staff of the commander-in-chief shall 



188 



1884 — Chapter 230. 



Recruiting offi- 
■cers. 



OflScere to ap- 
pear before an 
examining 
board. 



Kedical officers 
to appear before 
an examining 
board. 



Officer failing to 
pass examina- 
tion to be dis- 
charged. 



Discharge of 
-enlisted men. 



be appointed by him ; the staff of a brigade, by the briga- 
dier-general commanding ; the staff of a regiment, sepa- 
rate battalion, corps of cadets or unattached company, by 
the permanent commander thereof. 

Section 7. Captains shall be the recruiting officers 
for their companies, and in case of vacancy the command- 
ing officers of regiments or battalions may order some 
officer to perform that duty until such vacancy is filled. 
The commanding officers of brigades, regiments and sepa- 
rate battalions shall be the recruiting officers for their 
respective non-commissioned staffs, the commanding 
officers of corps of cadets for their respective corps, and 
such persons as the commander-in-chief may appoint for 
new companies under section twenty-four until a captain 
shall have been elected or appointed to such company. 

Section 8. Every commissioned officer except the 
staff officers of the commander-in-chief, medical officers 
and chaplains shall, upon being notified as provided in 
section forty- three, appear before an examining board to 
consist of the judge-advocate-general and two other officers 
to be designated by the commander-in-chief. The board 
shall examine the said officer as to his military and 
general qualifications, and administer to him the oaths as pre- 
scribed in section fifty-five of chapter fourteen of the Pub- 
lic Statutes. If in their opinion such officer is competent, 
the fact shall be certified to the commander-in-chief, who 
shall issue his order announcing the result of such exam- 
ination. Medical officers shall appear before an examin- 
ing board to consist of three medical officers, which board 
shall certify to the competency of such officer and admin- 
ister the oath as prescribed for other commissioned officers. 
Any officer who fails to appear before the board of exam- 
iners within sixty days from the date of his election or 
appointment, or who fails to pass a satisfactory examination 
before said board, shall be forthwith discharged by the 
commander-in-chief. 

Section 9. An officer who fails to pass the board of 
examiners or fails to appear before said board, as provided 
in section eight of this act, and any officer who may at any 
time be ordered before said board of examiners and who 
fails to pass, shall be discharged by the commander-in- 
chief. 

Section 10. No enlisted man shall be discharged be- 
fore the expiration of his term of service, except by order 



1884. — Chapter 230. 189 

of the comaiander-in-chief, and for the following rea- Discharge of 

" enlisted men. 

sons ; — 

To accept promotion by commission ; 

Upon removal of residence from the state, or out of the 
bounds of the command to which he belongs to so great a 
distance that, in the opinion of his commanding oflScer, he 
cannot properly perform his military duty ; 

Upon disability, established by certificate of a medical 
officer ; 

Upon conviction of felony in a civil court ; 

When the commander-in-chief approves the application 
of two-thirds of the members of a company requesting the 
discharge of a soldier thereof for being habitually trouble- 
some, or of such character as to degrade the company ; 

When in the opinion of the commander-in-chief the 
interests of the service demand such discharge ; 

Upon his own application approved by the commanding 
officer of his company and by superior commanders ; 

To carry out the sentence of a court-martial ; 

Upon application of his company commander approved 
by superior commanders. 

Section 11. Every officer, non-commissioned officer Military prop- 
and soldier shall return immediately to the armory, or ?eturn°ed'to 
other place of deposit, each article of military property of a'"'»o«'y- 
the Commonwealth issued to and received by him for use 
in the military service, and the possession of any article of 
such property by the person to whom it was issued, else- 
where than in the armory or designated place of deposit, 
shall be deemed and taken to he prima facie evidence of 
embezzlement of such article of property by the person 
to whom it was issued. 

Section 12. Each regiment, separate battalion, corps Parades for 
of cadets and unattached company of the volunteer militia 
shall parade for drill one day in the months of May, June, 
September or October at such time and place as the com- 
mander-in-chief may designate. The inspector-general, inspector-gen- 
his assistants or such other officers as the commander-in- aHii8°and^make 
chief shall indicate, shall attend such drills and report ^^vovt. 
upon the proficiency of the troops, such report to be made 
to the commander-in-chief in writing within thirty days 
from the date of such drill. 

Section 13. The volunteer militia shall perform five camp duty. 
consecutive days of camp duty in each year, and unless 
the commander-in-chief prescribes the time, place and 



190 



1884. — Chapter 230. 



Troops to be 
reviewed and 
exercised. 

Inspector-gen- 
eral to be 
present and 
tnake report. 



No body of men 
other than mili- 
tia, etc., shall 
associate them- 
selves together 
as a military 
organization. 



Or parade in 
public with 
arms without 
license of the 
governor. 



Provisos. 



manner of assembling the troops for that purpose, each 
commander of brigade or corps of cadets shall annually 
order an encampment of his command by brigade, regi- 
ments or battalions at some time during the months of 
June, July, August, September or October. 

Section 14. At each encampment the troops shall be 
I'eviewed and shall be thoroughly exercised in the routine 
of camp duty. The inspector-general, and such assistants 
as maybe detailed, shall be present at these encampments, 
and the inspector-general shall report in regard to num- 
bers, discipline and other matters affecting the character or 
efficiency of the organizations ; such reports to be for- 
warded to the commander-in-chief within thirty days from 
date of encampment. 

Section 15. No body of men whatsoever other than 
the regularly organized corps of the militia, the troops of the 
United States, the Ancient and Honorable Artillery Com- 
pany, the Veteran Artillery Association of Newburyport, 
the Veteran Cadet Association of Salem, the Veteran As- 
sociation of the Independent Corps of Cadets of Boston, 
and the Salem Light Infantry Veteran Association, the 
Veteran Artillery Association of Amesbury and Salisbury, 
shall associate themselves together as a military company 
or organization ; or parade in public with arms in any city 
or town in this Commonwealth, without the license of the 
governor thereof, which may at any time be revoked ; and 
all applications for such license must be approved by the 
mayor and aldermen and selectmen of cities and towns in 
which such organizations or associations may be located ; 
nor shall any city or town raise or appropriate any money 
toward arming, equipping, uniforming or in any way sup- 
porting, sustaining or providing drill rooms or armories 
for any such body of men : provided, that associations 
wholly composed of soldiers honorably discharged from 
the service of the United States may parade in public with 
arms upon the reception of any regiments or companies of 
soldiers returning from said service, and for the purpose 
of escort duty at the burial of deceased soldiers, having 
first obtained the written permission so to do of the mayor 
and aldermen or selectmen of the cities or towns in which 
they desire to parade ; imd provided further , that students 
in educational institutions where military science is a pre- 
scribed part of the course of instruction may, with the 
consent of the governor, drill and parade with arms in 



1884. — Chapter 230. 191 

public under the superintendence of their teachers, and 

provided further y that this section shall not be construed Proviso. 

to prevent any organization heretofore authorized thereto 

by law from parading with side arms. 

Section 16. When regiments, battalions, corps of ^°formanc°e°of 

cadets or companies establish in their constitutional arti- duty. 

cles of agreement or by-laws the amounts which may be 

collected as fines from officers and soldiers of the volunteer 

militia for the non performance of duty, such fines shall 

not exceed the amounts named as follows : — 

For each day's absence from camp or from drill in May, 

June, September or October, five dollars ; 

For each day's absence from special duty when ordered 

by the commander-in-chief or from any parade ordered by 

the commanding officer of a regiment, battalion, corps of 

cadets or unattached company, three dollars ; 

For each absence from company or battalion drill, or 

meeting of officers or non-commissioned officers ordered for 

the purpose of instruction, or from an election, one dollar. 

Money charged to an officer or soldier of the volunteer Money charged 
militia under the provisions of chapter fourteen of the etc^tolbeT 
Public Statutes and the by-laws of the organization of f^l]" '=«"""'"=^ 
which he is or may have been a member, shall constitute 

a simple contract debt against him, and may be recovered 
upon suit brought in the name of the officer commanding 
such organization at the time of bringing the action, and 
prosecuted in accordance with the law of this Common- 
wealth for the recovery of such debts in any court of com- 
petent jurisdiction ; want of consideration or the fact that 
the defendant is or was a member of the same organiza- 
tion as the plaintifi" shall not be defences in such suit, and 
the prevailing party shall have his costs without regard to 
the amount recovered. This remedy shall be in addition 
to those named in section one hundred and forty of chap- 
ter fourteen of the Public Statutes. 

Section 17. Sections twenty-two, twenty-three, Repeal. 
twenty-five, thirty, thirty-one, thirty-five, fifty-four, 
fifty-nine, sixty-five, sixty-nine, seventy-eight, one hun- 
dred and eight, one hundred and nine, one hundred and 
eleven, one hundred and twenty-seven and one hundred 
and fifty of chapter fourteen of the Public Statutes are 
hereby repealed. 

Section 18. This act shall take eflfect upon its passage. 

Approved May 12, 1884. 



192 



1884. — Chaptees 231, 232. 



CAft/?.231 An Act to establish the salary of the justice of the dis- 
trict COURT OF southern BERKSHIRE, AND TO ABOLISH THE OF- 
FICE OF CLERK OP SAID COURT. 



Salary of 
justice. 



OfSce of clerk 
abolished. 



Be it enacted, etc., as follows : 

Section 1. The justice of the district court of South- 
ern Berkshire from and after the first day of May in the 
year eighteen hundred eighty-four shall receive an an- 
nual sahiry of twelve hundred dollars. 

Section 2. The office of clerk of the district court of 
Southern Berkshire is abolished. 

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

Approved May 13, 1884. 

GhCip.'2i^^ -AJ^ Act CONCERNING CONTAGIOUS DISEASES AMONG CATTLE. 

Be it enacted, etc., as follows: 

Section 1. It shall be the duty of the cattle commis- 
sioners to make inquiries and gather facts and statistics in 
relation to the prevalence amons: the neat stock of this 
state, of the disease known as abortion, the annual losses 
caused thereby, and its effect on the healthfulness of milk 
as an article of food. 

Section 2. To ascertain the real character of the dis- 
ease, its cause, and the best methods of its cure or pre- 
vention, the commissioners may make or cause to be 
made experiments, investigations and examinations, and 
for this purpose shall have and exercise all the powers 
conferred upon them in cases of contagious disease by the 
provisions of section fourteen of chapter ninety of the 
Public Statutes. 

Section 3. The commissioners for the purpose of aid- 
ing them in their investigations may kill any animal 
affected with said disease, and such animal shall be paid 
for as provided in section seventeen of chapter ninety of 
the Public Statutes. Said commissioners shall make a 
detailed statement in their annual report of their doings 
under the provisions of this act. 

Section 4. There shall be allowed and paid out of 
the treasury a sum not exceeding two thousand dollars, to 
be expended as may be necessary in carrying out the pro- 
visions of this act. 

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

Approved May 13, 1884. 



Cattle comtuia- 
Bioners to 
investigate 
concerning a 
disease among 
cattle. 



May make 

experiments, 

etc. 



May kill .inimal 
infected. 



Allowance for 
expenses. 



1884. — Chapters 233, 234. 193 

An Act to remedy defects in the corporate organization (7^«x).233 

OF the GERMAN REFORMED CHURCH SOCIETY, AND TO CONFIRM 
A DEED OF MORTGAGE. 

Be it enacted^ etc., as follows: 

Section 1. Louis B. Schwarz, John C. Lotz, John German Re- 
C. Kochendorfer, Jerome Schneider, Frederick W.Luch- |;''eTe'ty.^or"gani- 
terhand, Emanuel Fischer, John F. Werner, Martin ^^|i°'^.^""- 
Trautmanu, Frederick Stursberg, their associates and 
successors, are hereby dechired to be the corporators of 
the German Reformed Church Society under chapter 
twenty of the acts of the year eighteen hundred and forty- 
two entitled "An Act to incorporate the German United 
Evangelical Lutheran and Reformed Society," and chapter 
two hundred and fifty-eight of the acts of the year eight- 
een hundred and seventy-two entitled " An Act to change 
the name of the German United Evangelical Lutheran and 
Reformed Society, and to allow said society to hold real 
and personal estate," and all acts in addition thereto or in 
amendment thereof. 

Section 2. The deed of mortgage executed by Louis Deed of mort. 
B. Schwarz to the Home Savings Bank, dated the nine- ^^^' confirmed, 
teeuth day of June in the year eighteen hundred and 
seventy-one, and recorded in the Suffolk county registry 
of deeds, libro ten hundred and sixty, folio two hundred 
and sixty-two, is hereby confirmed and made valid in 
all respects, and no person claiming thereunder shall 
be affected by any trust by reason of said Schwarz 
havins: at the date of said mortgage held the real estate 
therein described or any part thereof, in trust for said 
German Reformed Church Society or any other society 
or organization. 

Section 3. This act shall take effect when a certificate, when lo take 
signed by five of the corporators of said German Reformed ®*^®'''' 
Church Society that this act has been accepted by said 
society, has been acknowledged by one of the signers of 
such certificate and recorded in said registry of deeds. 

Approved 3Iay 13, 1884. 

An Act concerning asylums for the chronic insane. (7Aai>.234 
Be it enacted, etc., as follows: 

Section 1. Any city having more than fifty thousand Asylums for the 
inhabitants may establish and maintain therein one or may be estab- 
more asylums for the care and treatment of the chronic of more^than^* 



194 



1884. — Chapter 235. 



50,000 Inhabi- 
tants. 



Provisions of 
P. S. 87, § 26, to 
apply. 



To be inspected 
by board of 
health, lunacy 
and charity, 
■who may 
remove or trans- 
fer inmates. 



insane of such city and of any other city or town, and may 
enact suitable ordniances concerning the maintenance, 
management and government of such asylums, subject to 
the provisions of this act. Every such asylum shall be 
under the care of proper medical officers having experience 
in the care of the insane. 

Section 2. The provisions of section twenty-six of 
chapter eighty-seven of the Public Statutes shall apply to 
all asylums established under this act, and any such asy- 
lum may receive insane persons committed according to 
the provisions of said chapter by any court named in 
section eleven thereof; but no insane person whose insan- 
ity has existed for a less period than six months shall be 
committed to said asylums nor retained therein except as 
above provided. 

Section 3. The state board of health, lunacy and char • 
ity shall by themselves or their agent visit and inspect 
every asylum established under this act, at least once in 
every six months, and shall have power to remove or 
transfer the inmates thereof in the same manner as they 
now remove and transfer the iniriates of other hospitals or 
asylums for the insane in this Commonwealth, and may 
transfer and admit to said asylums patients supported by 
cities and towns in the state hospitals or elsewhere : pro- 
vided, that the managers of any asylum established under 
this act may discharge any inmate when in their judgment 
it is expedient to do so. 

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

Approved May 13, 1884. 

Chap.235 An act to prevent discrimination by life insurance compa- 
nies AGAINST persons OF COLOR. 

Be it enacted, etc. , as folloivs : 

Section 1. Xo life insurance company organized or 
doing business within this Commonwealth shall make any 
distinction or discrimination between white persons and 
colored persons wholly or partially of African descent, 
as to the premiums or rates chai'ged for policies upon the 
lives of such persons ; nor shall any such company de- 
mand or require greater premiums from such colored 
persons than are at that time required by such company 
from white persons of the same age, sex, general condition 
of health and hope of longevity ; nor shall any such com- 
pany make or require any rebate, diminution or discount 



Managers may 

discharge 

inmates. 



No discrimina- 
tion to be made 
in rates, etc., 
between white 
persons and per 
sons of color. 



1884. — Chapter 236. 195 

upon the sum to be paid on such policy in case of the 
death of such colored person insured, nor insert in the 
policy any condition, nor make any stipulation, whereby 
such person insured shall bind himself or his heirs, exec- 
utors, administrators and assigns to accept any sum less 
than the full value or amount of such policy in case of a 
claim accruing thereon by reason of the death of such 
person insured, other than such as are imposed upon 
white persons in similar cases ; and any such stipulation 
or condition so made or inserted shall be void. 

Section 2. Anv such company which shall refuse the certificate to be 

,. • r- 1 1 T c • given by exam- 

application of any such colored person tor insurance upon ining physician, 
such person's life, shall furnish such person with the cer- uon foTi^nsur' 
tificate of some regular examining physician of such com- ance is refused. 
pany who has made examination of such person stating 
that such person's application has been refused not because 
such person is a person of color, but solely upon such 
grounds of the general health and hope of longevity of 
such person as would be applicable to white persons of 
the same age and sex. 

Section 3. Any corporation or the ofBcer or agent Penalty 
of any corporation violating any of the provisions of this 
act, either by demanding or receiving from such colored 
person such different or greater premium, or by allowing 
any discount or rebate upon the premiums paid or to be 
paid by white persons of the same age, sex, general con- 
dition of health and hope of longevity, or by making or 
requiring any rebate, diminution or discount upon the 
sum to be paid upon a policy in case of the death of 
such Qolored person insured, or by failing to furnish 
the certificate required by section second, shall for each 
offence forfeit a sura not exceeding one hundred dollars. 

Approved May 13, 1884. 

An Act to provide for composition with creditors in Oh(ip.2SQ 

INSOLVENCY. 

Be it enacted, etc., as follows: 

Section 1. Instead of proceeding as required by ex- composition in 
isting laws relating to insolvency, an insolvent debtor may '"^^''^"''y- 
proceed for a discharge from his debts in the manner and 
on the terms and conditions herein prescribed. 

Section 2. At any time after the filing of the petition After petition is 
by or against the debtor, and the schedules required by aglinstthe 
law, which schedules shall include the name and full post Jroposarfo""" 



196 



1884. — Chapter 236. 



composition 
may be filed. 



Vroceediiigs 
may be stayed 
by the court, 
and hearing 
ordered. 



Accounts and 
papers of debtor 
to be open to 
examination by 
creditors. 



Examination of 
debtor, etc. 



Provisions of 
P. S. 157, §§ 26- 
VA and §§ :?3-39. 



office address of every known creditor and a brief descrip- 
tion of all the debts, the debtor may file a written proposal 
for composition with his creditors, setting forth the 
amount of the proposed dividend, which shall be payable 
only in money, the time or times when the same shall be 
payable, and the security to be given for such payments 
60 far as deferred. No such proposal shall be considered 
unless it conforms to these requirements, nor unless it 
provides for payment in full of all debts and charges en- 
titled by law to priority. 

Section 3. If the allegations of the debtor's petition 
appear to be true, or if a warrant has been issued thereon, 
the court, upon filing of the proposal for composition, may 
stay or suspend any process or proceeding which would 
otherwise be required by law, and may make such orders 
relating thereto, or to the custody of the debtor's estate, 
as justice and the interests of the creditors may require ; 
and shall order a hearing on such proposal as early as may 
be, of which the register shall send notice by mail post 
paid to all known creditors not less than seven days be- 
fore the day appointed therefor, stating the substance of 
the proposal. 

Section 4. All books of account and papers of the 
debtor relating to his estate shall until the final hearing on 
confirmation of the composition be open at all reasonable 
times to examination by any creditor or his agent, and the 
court may enforce production thereof; and during such 
period the debtor or any other person may be examined 
i)y the court or by any creditor in the manner and under 
the circumstances prescribed by section seventy of chapter 
one hundred fifty-seven of the Public Statutes. 

Section 5. The provisions of sections twenty-six to 
thirty-one inclusive, and sections thirty-three to thirty- 
nine inclusive, of said chapter, concerning debts and proof 
of claims, shall apply to and be of force in composition 
proceedings so far as they can be applied thereto ; and 
in such proceedings, if no warrant has issued in the case, 
reference shall be had to the time of the issue of notice of 
the proposal instead of the first publication of notice of 
issuing the warrant, and to the time of the adjourned 
hearing on confirmation of the composition instead of the 
making of the first dividend. But no assent, power of 
attorney or proxy, executed before the first hearing, shall 
be valid or of any force in the composition proceedings, 



1884. — Chapter 236. 107 

nor shall the proceedings be stayed or suspended on ac- 
count of an appeal from the allowance or rejection of a 
claim. 

Section 6. The debtor shall be present at the hearing Debtoi toibe 
and may then be examined by the court or by any creditor hearing imd may 
touching his estate or his dealings therein, and all perti- ^''®^^"""*= • 
nent evidence may be offered. At any time before the 
hearing is closed the debtor may tile any modification of 
his proposal more favorable to the creditors but not other- 
wise, and such modified proposal shall thereafter be con- 
sidered the proposal. 

Section 7. The hearing shall then be adjourned not Hearing to bo 

1-1 o iij adjournen. 

less than seven days and notice thereof sent to all cred- 
itors as before provided ; and if at or before such adjourn- written assent 
ment the debtor shall file in court the written assent of a bemed'b°/the 
majority in number and value of all his known creditors to 'Jebtor. 
the proposal, if the same be for payment of not less than 
fifty per centum to the general creditors, or if less than 
fifty per centum, of three-fourths in number and value of 
such creditors, the court shall proceed at the hearing, or 
at a farther adjournment thereof, to determine whether 
the composition shall be confirmed, and any creditor may 
be heard thereon. Any matters which would prevent or 
avoid a discharge in insolvency by existing laws may be 
considered in ascertaining the expediency of confirming the 
same, but not as an absolute bar thereto. If the only objec- 
tion thereto relates to the security for deferred payments, 
other or farther security may then be offered. 

Section 8. In computing the proportion of creditors computation of 
whose assent is necessary, all debts set out in the debtor's creditors°who8e 
schedule of creditors shall be taken as existing for the ga^y^tVdrs!''^^' 
amounts and to the extent that they would be provable in charge. 
insolvency, except so far as varied by the proof thereof or 
on hearing ; but the assent of no creditor shall be counted 
unless and until he has proved his claim. Claims which 
remain unliquidated at the close of the adjourned hearing 
shall not be counted unless justice is found to require it. 
No claim entitled to priority shall be counted, nor shall 
any creditor whose claim is less than fifty dollars in amount 
be counted in number. 

Section 9. If the composition appears to have been ifcomposition 
duly assented to, and to be consistent with justice and for counrfilii °' 
the interests of the creditors, the court shall order the confime^.^^ 
same to be confirmed ; and bv the same order shall limit 



198 



1884.— Chapter 236. 



Provisos. 



DiBposition of 
property, upon 
discbarge 
granted. 



Case to proceed 
in insolvency if 
money and 
securities are 
not deposited in 
court. 

Money, etc., the 
property of the 
debtor to be 
delivered to 
assignee. 

All other securi- 
ties, etc., to be 
disposed of as 
justice may 
require. 



the time within which all moneys for cash payments and 
all vouchers and securities for deferred payments shall be 
deposited in court; and upon such deposit within the time 
so limited therefor, the court shall grant to the debtor a 
certificate of discharge from his debts, which shall be as 
nearly as may be in the same form and which shall have 
the same force and effect as though obtained by the other 
proceedings in insolvency prescribed by existing laws : 
provided, however, that tho same shall not be annulled for 
any cause which was brought to the notice of the court on 
the hearing for confirmation, or which was then known to 
the creditor applying to have the same annulled ; 2i\\A pro- 
vided further , that the same shall not bar the debt of any 
creditor whose name was fraudulently and wilfully omitted 
from the debtor's schedule of creditors. But the debt of 
any creditor omitted therefrom only through mistake, or 
want of knowledge, shall be barred, and he shall be enti- 
tled to and ma}' recover against the debtor the amount of 
the dividend to which he would have been entitled in the 
composition proceedings. 

Section 10. Upon the granting of the discharge, the 
moneys, vouchers and securities deposited in couit shall 
be paid and delivered by the register on demand to the 
persons entitled thereto, and all other property of the debtor 
shall revert to and be revested in him ; and the court may 
order any necessary or proper release or reconveyance 
thereof by any assignee or trustee to whom the same may 
have been assigned or conveyed. 

Section 11. If the money for the cash payments and 
the vouchers and securities for deferred payments are not 
deposited in court within the time limited by the order of 
confirmation, the case shall proceed in insolvency ; and in 
such event the register shall deliver to the assignee all 
moneys and securities which are the property of the 
debtor which shall have been deposited in court ; and all 
other securities and vouchers which shall have been so de- 
posited shall be returned by the register to the persons 
who furnished or deposited the same or be otherwise 
disposed of as justice may require. In such case the stay 
or suspension of other proceedings by reason of the at- 
tempted composition shall not work any forfeiture or 
affect any rights, but the period of suspension shall be ex- 
cluded in computing other periods of time prescribed by 
the laws relating to insolvency. 



188i. — Chapter 237. 199 

Section 12. The court, except as herein otherwise court may aiiow 

, ' t t n ii«j.i J amendments 

expressly provided, may allow all just and proper amend- and make aii 
ments and make all proper orders, in the course of the Proper orders. 
proceedings or thereafter, necessary to carry the same 
into full effect according to the terms and intent of this 
act, and may enforce all such orders, summarily or other- 
wise as justice may require, by any appropriate process. 

Section 13. If an insolvent debtor shall knowingly penalty on 
place upon his schedule of creditors any false or fictitious forVfcing^ 
debt with intent to deceive or defraud his creditors, or in Upon^JiheduL, 
case of any person having to his knowledge proved or at- ^tc. 
tempted to prove a false or fictitious debt against his es- 
tate, shall fail to disclose the same to the court forthwith 
upon notice or knowledge thereof, or shall make any pay- 
ment or give or promise any advantage to any creditor 
with intent thereby to procure his assent to a composition, 
he shall be punished by imprisonment in the state prison 
not exceeding five years or in the jail not exceeding two 
years. 

Section 14. If any creditor of an insolvent debtor Penalty on 
shall knowingly prove any false or fictitious debt against proving ficti- 
his estate, or shall receive or procure or attempt to pro- "°"«'^^^''- 
cure any payment or advantage in consideration of his as- 
sent to a composition, he shall be punished by imprison- 
ment in the jail not exceeding two years or by fine not 
exceeding one thousand dollars. 

Section 15. This act shall not apply to corporations. Not to apply to 

Section 16. This act shall take effect upon its passage. *=°'"p°''^''°"^- 

Approved May 13, 1884. 

An Act in relation to assessments for public improvements (J]iaj).2i^^ 
Be. it enacted, etc., as follows : 

Section 1. All assessments on account of betterments Assessments to 
and other public improvements which are a lien upon real 
estate shall bear interest from the thirtieth day after assess- 
ment, until paid. 

Section 2. In case of any suit or other proceeding in case of suit, a 

IT • ,• ,1 TTi. i. c u lien to continue 

calling in question the validity or amount ot such assess- for one year 
ment, the assessment shall continue to be a lien for one me"t.^°*' ^'^*^^' 
year after final judgment in such suit or proceeding, 
and may, with all costs and interest, be collected by vir- 
tue of such lien in the same manner as provided for the 
original assessment. 

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

Approved May 15, 1884. 



200 



1884. — Chapters 238, 239. 



Ch(ip.2SS An Act to provide for the dissolution of the corporation 

KNOWN AS the INHABITANTS OF THE FIRST PARISH IN TOWNSEND, 
AND FOB THE DISPOSITION OF ITS PROPERTY. 

Be it enacted, etc., as follows: 
Corporators. Section 1. Jonathan Pierce, George S. Shaw, Albert 

Turner, Sarah Farmer, Joshua Spaulding, Harriet J. l^eed, 
Amanda M. Emery and Frances R. Taylor may associate 
and become a corporation, in the manner prescribed by 
general laws relating to religious societies, under the 
name of the First Parish Religious Society of Townsend ; 
and upon the organization of such corporation and its ac- 
ceptance of this act, which acceptance shall be certified 
to the secretary of the Commonwealth, the corporation 
known as the Inhabitants of the First Parish in Townsend 
shall l)e dissolved and all rights, privileges and property 
heretofore vested in said corporation shall vest in such 
new corporation notwithstanding the same might other- 
wise escheat to the Commonwealth. 

Section 2. Any person claiming to be aggrieved by 
the provisions of this act may, at any time within one 
year after its acceptance is so certified, apply by petition 
to the superior court for the county of Middlesex for as- 
sessment of his damages, and the same shall be assessed 
and determined by and under the direction of said court 
and shall be paid lay said First Parish Religious Society of 
Townsend which shall have notice of the pendency of such 
petition and may defend the same. 

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

Approved May 15, 1884. 

(Jhap.^^^ An Act to change the name of the south church in ded- 

HAM, AND TO AUTHORIZE IT TO HOLD ADDITIONAL REAL ANI> 
PERSONAL ESTATE. 

Be it enacted, etc., as follows : 

Section 1. The name of the South Church in Ded- 
ham, incorporated by chapter one of the acts of the year 
eighteen hundred and twenty-four, is changed to the First 
Congregational Church in Norwood. 

Section 2. Said corporation may hold property, real 
and personal, to the amount of twenty-five thousand dol- 
lars for the purposes named in its act of incorporation. 

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

Approved May 15, 1884. 



Name. 

Inhabitants of 
the First 
Parish in 
Townsend 
dissolved upon 
organization of 
new corpora- 
tion. 



Person ag- 
grieved may ap- 
ply to superior 
court for assess- 
ment of dam- 
ages. 



Name changed 
to the First Con- 
gregational 
Church in Nor- 
wood. 



Real and 
personal estate. 



1884. — Chapter 240. 201 



An Act in addition to an act making appropriations for (7^ri».240' 

EXPENSES AUTHORIZED THE PRESENT TEAR, AND FOR OTHER 
PURPOSES. 

Be it enacted, etc., as follows : 

Section 1. The sums hereinafter mentioned are ap- Appropriations. 
propriated, to be paid out of the treasury of the 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 the trustees of the state lunatic hospital at Taunton, Lunatic hospital 
ten thousand two hundred and thirty dollars, as author- ''* 
ized by chapter nineteen of the resolves of the present 
year. 

For the trustees of the Mount Holyoke female seminary, Mt. Hoiyoke 
four hundred and fifty dollars and five cents, as authorized .wy.^*^"*' 
by chapter twenty of the resolves of the present year. 

For the erection of monuments on the battlefield at Monuments on 
Gettysburg, Pennsylvania, by certain organizations, a elttysburg^, Pa. 
sum not exceeding twelve thousand five hundred dollars, 
as authorized by chapter twenty-four of the resolves of 
the present year. 

For Artemas Raymond, two hundred dollars, as author- vrtemasRay- 
ized by chapter twenty-five of the resolves of the present ™°" " 
year. 

For Maria H. Sargent, three hundred dollars, as author- Marian, sar- 
ized by chapter twenty-six of the resolves of the present ^^^^' 
year. 

For the town of Holden, thirty-four dollars, as author- Town of 
ized by chapter twenty-seven of the resolves of the present 
year. 

For the disabled soldiers' employment bureau, eight Disabled 
hundred dollars, as authorized by chapter twenty-eight of ploymenr 
the resolves of the present year. bureau. 

For the completion of the new buildings at the state state work- 
workhouse at Bridgewater, a sum not exceeding thirty- 
five thousand dollars, as authorized by chapter thirty of 
the resolves of the present year. 

For the expenses of the delegates to the educational Delegates to 

T • -n XT- 1 • o i 1 • Ui educational 

convention at Louisville, Kentucky, in September eight- convention. 
een hundred and eighty-three, three hundred and seventy- 
five dollars, as authorized by chapter thirty-two of the 
resolves of the present year. 

For certain repairs at the state normal school at Salem, Normal school 

*- at Salem. 



202 



1884. — Chapter 240. 



State alms- 
bouse 



Jane Parks. 



Francis Shurt- 
leff. 



Agnes 8. Gould- 
ing. 



Normal school 
at Bridgewater. 



Normal school 
at Framingham, 



Rhode Island 
'boundary line. 



Salary of the 
secretary of the 
Common- 
wealth. 



Electoral 
college. 

Books for 
record of cases 
of contagious 
diseases. 



Treasurer, for 
clerical aBsist- 
ance. 



Senate and 
bouse of repre- 
sentatives. 

State house. 



eight hundred dollars, as authorized by chapter thirty- 
three of the resolves of the present year. 

For the state almshouse at Tewksbury, four thousand 
dollars, as authorized by chapter thirty-four of the resolves 
of the present year. 

For Jane Parks, two hundred dollars, as authorized by 
chapter thirty-five of the resolves of the present year. 

For Francis Shurtleff, two hundred and seventy dollars 
and thirteen cents, as authorized by chapter thirty-six of 
the resolves of the present year. 

For Agnes S. Goulding, two hundred and six dollars 
and twenty-five cents, as authorized by chapter thirty- 
seven of the resolves of the present year. 

For the state normal school at Bridgewater, one thou- 
sand dollars, as authorized by chapter thirty-eight of the 
resolves of the present year. 

For the state normal school at Framingham, seven hun- 
dred and seventy-five dollars, as authorized by chapter 
thirty-nine of the resolves of the present year. 

For the payment of the expenses attending the estab- 
lishing of a portion of the boundary line between the Com- 
monwealth of Massachusetts and the State of Rhode Island, 
four thousand six hundred and thirty-three dollars and 
ninety-two cents, as authorized by chapter forty of the 
resolves of the present year. 

For the salary of the secretary of the Commonwealth, 
five hundred dollars, as authorized by chapter seventy-nine 
of the acts of the present year, being in addition to the 
two thousand five hundred dollars appropriated by chapter 
three of the acts of the present year. 

For compensation and expenses of the electoral college, 
five hundred dollars. 

For furnishing boards of health with blank books for 
the record of cases of contagious diseases, as provided for 
in section four of chapter ninety-eight of the acts of the 
present year, a sura not exceeding five hundred dollars. 

For additional clerical assistance in the department of 
the treasurer and receiver-general, a sum not exceeding 
eight hundred dollars, the same to be in addition to two 
hundred dollars appropriated by chapter three of the acts 
of the present year. 

For the contingent expenses of the senate and house of 
representatives, and necessary expenses in and about the 
state house, one thousand dollars, the same to be in addi- 



1884. — Chapter 241. 203 

tion to the five thousand dollars appropriated by chapter 
two of the acts of the present year. 

For travelling expenses of the executive council, a sum Council: travel- 
not exceeding live hundred dollars, the same to be in ad- '"^ ^'^p®"*^^- 
dition to five hundred dollars appropriated by chapter 
three of the acts of the present year. 

For furnishino: additional apparatus for the inspectors inspectors of 
of gas-meters, a sum not exceeding one hundred and fifty s^^""*^®"- 
dollars, the same to be in addition to two hundred dollars 
appropriated by chapter thirty-nine of the acts of the 
present 3' ear. 

For small items of expenditure for which no appropria- smaii items of 

.. , , -10 I'l 'i-i expenditure. 

tions have been made, or tor which appropriations nave 
been exhausted or reverted to the treasury in previous 
years, a sum not exceeding one thousand dollars. 

For authorized expenses of committees of the present Expenses of 

■t • T . j'1-1 I'l • j_ j_ -ii committees. 

legislature, to include clerical assistance to committees 
authorized to employ the same, a sum not exceeding five 
thousand dollars, the same to be in addition to the five 
thousand dollars appropriated by chapter two of the acts 
of the present year. 

For compensation of the doorkeepers, messengers and Doorkeepers, 

1 Jr ' _ O messengers and 

pages to the senate and house of representatives, a sum pages. 
not exceeding ten thousand dollars, the same to be in 
addition to the ten thousand dollars appropriated by chap- 
ter two of the acts of the present year. 

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

Approved May 16, 1884. 

An Act to authorize the county commissioners of essex (7Aft7).241 

COUNTY TO provide A NEW JAIL AT SALEM. 

Be it enacted, etc. , as follows : 

Section 1. The county commissioners of the county Newjaiiat 
of Essex are authorized and required to re-build the jail at 
Salem, or to build a new jail in said city, and for said pur- 
pose may borrow on the credit of the county a sum not 
exceeding seventy-five thousand dollars. 

Section 2. They may sell, convey or remove the Present jaii may 
whole or any portion of the present jail and jailer's house, removed. 
or use the materials thereof in the new structure, and they 
may employ the prisoners held in said jail. 

Section 3. If said commissioners decide it to be for Commissioners 

., , .. . , • •■ 1 I 1 1 1 .1 may take land if 

the public interest that a new jail should be built upon thej decide to 
some new site, they may for such purpose take any land, neVsi'te.""* 



204 



1884. — Chapter 242. 



Damages to be 
paid by the 
county. 



Labor not 
required to be 
let out by con- 
tract. 



not appropriated for public uses, withiu said city, and 
within sixty days after such taking file in the registry of 
deeds of Essex county for the southern district such a de- 
scription of the land so taken as is required in a common 
conveyance, and a statement of the purpose for which it 
was taken, signed by said commissioners or a major part 
of them ; and the title to such land shall vest in the county 
of Essex from the time of such filing. All damages sus- 
taiued by such taking shall be paid by the county ; and if 
said commissioners fail to agree upon such damages with 
the owner, the same may be assessed and determined by 
a jury in the manner and on the conditions provided by 
law in the case of laying out town ways, upon application 
therefor made within three years after such filing. 

Section 4. In carrying out the provisions of this act, 
said commissioners shall not be required to let out by con- 
tract the labor on said building, nor to advertise for pro- 
posals therefor, as provided in section twenty-two of chap- 
ter twenty-two of the Public Statutes. 

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

Approved May 16, 1884. 

Qlia])f2i^ An Act concerning sales of land by cities and towns for 

TAXES. 

Be it enacted, etc., as follows: 

Section 1. Whenever real estate is sold by a city or 
town under the provisions of section fifty-eight of chapter 
twelve of the Public Statutes, such sale shall be made by 
the collector of taxes for the time being of such city or 
town. In case no person appears and bids at such sale 
for the whole or any part of the land or for the rents and 
profits thereof an amount equal to the sum named in the 
collector's deed or instrument of taking as the sum due 
when the original sale or taking of the land was made, 
with interest and charges thereon fixed by law, and also 
all subsequent taxes and assessments and all interest and 
charges due in respect thereof, the collector may purchase 
said land for and in behalf of the city or town selling the 
same in the same manner and upon the same terms and 
conditions as are prescribed in section forty of chapter 
twelve of the Public Statutes. 

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

Approved May 16, 1884. 



Sale to be made 
by the collector 
of taxes. 



Collector may 
purchase land 
if no sufficient 
bid is made. 



1884. — Chapter 243. 205 



An Act to authorize the county commissioners of hampden (7^(^2).243 

COUNTY TO erect A NEW JAIL AND HOUSE OF CORRECTION. 

Be it enacted^ etc., as follows : 

Section 1. The county commissioners of Hampden county commis- 
county are authorized and required to erect a new jail and buuTnewjaii, 
house of correction in Springtield, the same to be com- ^^g*]-^ '" ^p''*"»' 
pleted within two and one-half years from the passage of 
this act. 

Section 2. The said commissioners are authorized to Mayseiiiand 
sell the whole or any portion of the buildings or land now not'^uTe'd!"^'* 
used as a jail and house of correction by said coimty and 
to appropriate the proceeds towards the erection of a new 
one, also to purchase or take lands necessary for that pur- 
pose ; they shall estimate and determine all damages that To estimate and 
may be sustained by any party ot parties by the taking damaged * 
of such land for the purposes of this act, but any party 
aggrieved by any such determination of said commis- 
sioners may have their damages assessed by a jury of the 
superior court in the same manner as is provided by law 
with respect to damages sustained by reason of the laying 
out of ways. If upon trial damages are increased beyond 
the award, the party in whose favor the award was made 
shall recover costs, otherwise shall pay costs, and such 
costs shall be taxed as in civil cases. 

Section 3. The said commissioners shall, within sixty Tomeinreg. 
days after such taking of land, file for record in the reg- dlllr\ptk,Tof ^ 
istry of deeds for said county, a description of the land th*^ lan^ taken. 
so taken, and the title to the same shall thereupon vest in 
in said county. 

Section 4. The plans and specifications for the build- pians and speci- 
ing of said jail and house of correction shall be subject to fo "pp^ov^ai^ir' 
the approval of the commissioners of prisons of this Com- prison commia- 

11 . . 1 sioners. 

mon wealth. Unless the commissioners ot said county 
shall procure the approval of the commissioners of prisons 
to plans and specifications for said jail and house otj cor- 
rection within six months from the passage of this act, the 
commissioners of prisons may at the expense of the county 
of Hampden procure plans and specifications therefor ac- 
cording to which said jail and house of correction shall be 
built under the provisions of this act. 

Section 5. The said county commissioners are author- countymay 
ized to borrow on the credit of the county for the pur- $2oo°ooit. 



206 



1884. — Chapter 244. 



poses of this act, a sum not exceeding two hundred thou- 
sand dollars. 

Section 6. This act shall take effect upon its passage. 

Approved May 16, 1884. 



Chap,244: 



Water supply 
for Ablngton. 



May take the 
water of Beaver 
Brook, Cleverly 
Brook or Island 
Pond. 



May make exca. 
vations and 
operate 
machinery. 



May dig up, 
raise and 
embank lands. 



To have 

recorded in 
registry of 
deeds a dtscrip. 
tion of the land 
t aken. 



An Act to supply the towk of abington with water. 

Be it enacted, etc , as follows : 

Section 1. The town of Abington may supply itself 
and its inhabitants with water for the extinsfuishment 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 establish and 
collect rates to be paid for the use of the same. 

Section 2. Said town for the purposes aforesaid may 
take by purchase or otherwise and hold the water of 
Beaver Brook, Cleverly Brook or Island Pond or from 
artesian wells in the town of Abington and the water 
rights connected with any such water sources, and also all 
lands, rights of way and easements necessary for raising, 
holding and preserving such water and 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 and procure 
and operate machinery and provide such other means and 
appliances as may be necessary for the establishment and 
maintenance of complete and effective water works ; and for 
that purpose may construct and lay down conduits, pipes 
and other works under, through or over any lands, water 
courses, railroads or public or private ways, and along 
any such way, in such manner as not unnecessarily to ob- 
struct the same ; and for the purpose of constructing, 
laying down, maintaining and repairing such conduits, 
pipes and other works, and for ail proper purposes of 
this act said town may dig up, raise and embank any such 
lands or ways in such a manner as to cause the least 
hindrance to public travel on such ways. 

Section 3. Said town of Abington shall within ninety 
days after the taking of any lands, rights of way, water 
sources, water rights or easements as aforesaid, other 
than by purchase, tile and cause to be recorded in the 
registry of deeds for the county of Plymouth a description 
thereof sufficiently accurate for identification, with a 
statement of the purpose for which the same is taken, 



1884. — Chapter 244. 207 

signed by the water commissioners hereinafter provided 
for. 

Section 4. The said town shall pay all damages sus- Liability for 
taiued 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 damages 
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 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 assess- Application for 
ment of damages shall be made for the taking of any be™Tdeuntii° 
water, water right, or for any injury thereto, until the ^ahdrawn"^"^ 
water is actually withdrawn or diverted by said town 
under the authority of this act. 

Section 5. Said town may, for the purpose of paying AbingtonWa- 
the necessary expenses and liabilities incurred under the e7ceed*$ioo°ooo! 
provisions of this act, issue from time to time bonds, notes 
or scrip, to an amount not exceeding in the aggregate one 
hundred thousand dollars ; such bonds, notes and scrip 
shall bear on their face the words " Abington Water 
Loan " ; shall be payable at the expiration of periods not 
exceeding thirty 3'ears from the date of the issue ; shall 
bear interest payable semi-annually at a rate not exceed- 
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. Said town 
may sell such securities at public or private sale, or pledge 
the same for money borrowed for the purpose of this act, 
upon such terms and conditions as it may deem proper. 
Said town shall provide at the time of contracting said ^j""^^'^!;/"^^ *^ 
loan for the establishment of a sinking fund, and shall an- 
nually contribute to such fund a sum sutficient with the 
accumulations thereof to pay the principal of said loan at 
maturity. Said sinking fund shall remain inviolate and 
pledged to the payment of said loan, and shall be used for 
no other jnirpose. 

Section 6. Said town shall raise annually by taxation to raise 
a sum which with the income derived from the water rates ux°a"ion sufli- 



208 



1884. — Chapter 244. 



cient for current 
expenses and 
interest on 
<bond8. 



Penalty for 
diverting or 
corrupting 
water. 



Board of water 
commissioners 
to be elected. 



Vacanc}'. 



Subject to 
acceptance by a 
two thirds vote, 
within three 
years. 



will be suflScient 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 payment 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 purpose 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. Said town of Abington shall, after its ac- 
ceptance of this act at a legal meeting called for the pur- 
pose, elect by ballot three persons to hold office, one until 
the expiration of three years, one until the expiration of 
two years, and one until the expiration of one year from 
the next succeeding annual town meeting, to constitute a 
board of water commissioners ; and at each annual town 
meeting: thereafter one such commissioner shall be elected 
by ballot for a 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 im- 
pose by its vote ; and a majority of said board shall con- 
stitute a quorum for the transaction of business relative 
both to the water works and to the sinking fund. Any 
vacancy occurring in said board from any cause may be 
filled for the remainder of the unexpired term by said 
town at any legal meeting. 

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 3fay 19, 1884. 



1884. — Chapters 245, 246. 209 

An Act concerning the fisheries in the waters of the county (J}i(ij)^24:5 

OP DUKES county. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter one hundred and Fi^sh^eriesregu- 
two of the acts of the year eighteen hundred and eighty- 
two is amended to read as follows: — /Section 1. The 
lessees holding from the commissioners on inland fisheries 
a lease of any body of water in the county of Dukes 
County, and all other persons having the right to take ale- 
wives in any other waters in said county, may take ale- 
wives from said waters and from the ditches connecting 
them with each other and with the ocean at all seasons of 
the year and without restriction as to day. 

Section 2. Section two of said chapter one hundred ^XuuTes"'* 
and two is amended to read as follows : — Section 2. 
Whoever other than said lessees or any other person duly 
authorized takes any fish, except eels, from any of said 
waters or ditches without the permission in writing of said 
lessees or said person duly authorized first obtained, shall 
forfeit one dollar for each fish so taken, and shall also for- 
feit any boat, net, line, rod or other apparatus used in 
such taking in accordance with the provisions of chapter 
one hundred and ninety-four of the Public Statutes. 

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

Aipproved May 20, 1884. 

An Act to incorporate the Cambridge police mutual aid /^^^^ 04^ 

association. ^ ' 

Be it enacted, etc., as follows: 

Section 1. George H. Copeland, Mark J. Folsom, corporators. 
Thomas H. Lucy, Alouzo S. Harriman, Andrew Sproul, 
Luther Hapgood, Moses W. Hooper, their associates and 
successors, all of whom shall be members of the police 
department of the city of Cambridge, are hereby made a 
corporation by the name of the Cambridge Police Mutual Name and . 
Aid Association, in the city of Cambridge, for the purpose 
of assisting the families of deceased members of said asso- 
ciation and the members thereof when sick or disabled, or 
upon their resignation or discharge from the police depart- 
ment of said. Cambridge, or upon the decease of their 
wives, with all the powers and privileges and subject to Powers and 
all the liabilities, duties and restrictions set forth in all geir 



duties. 



O 



eral laws which now are or may hereafter be in force 



210 1884 — Chapters 247, 248, 249. 

Not subject to relating to such corporations : provided, that said corpora- 
inem-Inc^e'co^m" tion shall not be subject to the laws relating to life 
panies. iusurance companies, and shall not be summoned as 

trustee in any action or process against any person or 
persons who may hereafter be entitled to assistance from 
said corporation under the by-laws thereof or under the 
provisions of this act. 
Real and per. Section 2. Said Corporation for the purposes afore- 
said shall have power to receive grants, devises, bequests 
and donations, and may hold real and personal estate not 
exceeding one hundred thousand dollars in value. 

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

Approved May 20, 1884. 

Ch(iP.2^7 ^^ ^^"^ EXTENDING THE ACTHOKITr TO SUMMON WITNESSES. 

Be it enacted, etc., as follows: 

Issue of sum- SECTION 1. Scctiou One of chapter one hundred and 

^esBcs ex^pt in sixty-niuc of the Public Statutes is hereby amended by 
criminal cases, gtrikj^g (^^^ the word "civil" iu the second line, and 
inserting after the word "cases" in the same line the 
words "excepting criminal cases." 
Repeal. SECTION 2. All acts or parts of acts inconsistent here- 

with are hereby repealed. 

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

Approved May 20, 1884. 

CJian.^^S ^^ -^^"^ '^^ ESTABLISH THE SALARY OP THE REGISTER OP PROBATE 
AND INSOLVENCY FOR THE COUNTY OP HAMPDEN. 

Be it enacted, etc., asfolloivs: 

Salary estab- SECTION 1 . The register of probate and insolvency for 

the county of Hampden, from and after the first day of 

May in the year eighteen hundred and eighty-four, shall 

receive an annual salary of eighteen hundred dollars. 

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

Approved May 20, 1884. 

(JJia7).24:'d ^^ ^^^ PROVIDING FOR THE PUBLICATION OF A LIST OF PERSONS 
WHOSE NAMES HAVE BEEN CHANGED IN THIS COMMONWEALTH. 

Be it enacted, etc., asfolloivs: 

Acts changing SECTION 1. The Secretary of the Commo.nwealth at the 

pe?sonTtobe closc of the present session of the general court shall col- 

printed. j^^^ ^^^^ causc to bc printed in one volume all the special 

acts of this Commonwealth heretofore passed authorizing 



1884. — Chapter 250. 211 

changes of names of persons, and all the returns of changes 
of names heretofore published by virtue of the fourteenth 
section of the one hundred and tenth chapter of the Gen- 
eral Statutes and the first section of the fourth chapter of 
the Public Statutes. 

Section 2. He shall cause to be added thereto an index to 
index classified according to christian and surname of the auroame.^" 
original names of such persons and of the names so taken 
and decreed. 

Section 3. One thousand copies of the volume afore- Distribution. 
said shall be printed, and shall be distributed as follows : 
one copy to the clerk of each city and town in the Com- 
monwealth ; one copy to each city and town in the Com- 
monwealth to be placed in the city or town library, when 
such library exists therein ; one copy to each public and 
incorporated library in the Commonwealth, other than a 
city or town library ; one copy to each registry of deeds ; 
one copy to each registry of probate ; one copy to the 
clerk of the courts in each county ; fifty copies to be re- 
tained in the office of the secretary of the Commonwealth, 
and the remaining copies to be placed in the hands of the 
secretary of the Commonwealth for general distribution. 
The preparing of said volume for the press and the Expense not to 
printing and binding of the same shall not exceed the '^^'^'^^ ^'^' 
sum of eighteen hundred dollars. 

Approved May 20, 1884. 



Chap.250 



An Act concerning the election of- aldermen in the city 

OF boston. 

Be it enacted, etc., as follows: 

Section 1. The city of Boston is hereby divided into city of Boston 
twelve aldermanic districts, and wards one and two shall fweiveVidlr- 
constitute one district, to be known as the first aldermanic nianic diatncts. 
district ; wards three, four and five shall constitute one 
district, to be known as the second aldermanic district ; 
wards six, seven and eight shall constitute one district, to 
be known as the third aldermanic district ; wards nine and 
ten shall constitute one district, to be known as the fourth 
aldermanic district ; wards eleven and sixteen shall con- 
stitute one district, to be known as the fifth aldermanic 
district ; wards twelve and thirteen shall constitute one 
district, to be known as the sixth aldermanic district ; 
wards fourteen and fifteen shall constitute one district, 
to be known as the seventh aldermanic district ; wards 



212 



1884. — Chapter 250. 



Ipon a new 
division into 
wards, a new 
division of 
iildermanic 
districts to be 
made. 



One alderman to 
be elected in 
each district 
■who shall be a 
legal voter and 
an inhabitant 
thereof. 



Repeal. 



seventeen and eighteen shall constitute one district, to be 
known as the eighth aldermanic district ; wards nineteen 
and twenty-two shall constitute one district, to be known 
as the ninth aldermanic district ; wards twenty and twen- 
ty-one shall constitute one district, to be known as the 
tenth aldermanic district ; wards twenty-three and twenty- 
five shall constitute one district, to be known as the 
eleventh aldermanic district ; and ward twenty-four shall 
constitute one district, to be known as the twelfth alder- 
manic district. 

Section 2. It shall be the duty of the city council 
after any new division of said city into wards, to cause a 
new division of the city to be made into twelve aldermanic 
districts, in such manner as to include in such districts 
whole and contiguous wards (except so far as the same 
may be separated by natural water channels connected by 
bridge or bridges), and an equal number of voters and 
inhabitants as nearly as convenience permits, and until 
such new division be made the districts shall remain as 
established by this act. 

Section 3. The qualified voters of each of said alder- 
manic districts shall, at the annual municipal election, be 
called upon to give in their votes for one able and discreet 
person, being a legal voter and an inhabitant of the dis- 
trict, to be a member of the board of aldermen for the en- 
suing year ; and all such votes so given shall be sorted, 
counted, declared and recorded, and returns thereof made 
to the city clerk, in the same manner as is now provided 
by law for the choice of aldermen of said city. Where- 
upon the same proceedings shall be had to ascertain and 
determine the person chosen as alderman for each district 
as are now provided by law in regard to the choice of 
aldermen. And a new election shall be ordered in any 
such district, in case of any failure by such district to 
elect an alderman as herein provided, or in case of any 
vacancy by death, resignation or other cause ; and each 
alderman so chosen shall be duly notified as is now pro- 
vided by law. 

Section 4. All acts and parts of acts inconsistent 
herewith are hereby repealed. 

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

Approved May 21, 1884. 



1884. — Chapter 251. 213 

An Act to incorporate the watertown water supply Chcip.25\ 

COMPANY. 

Be it enacted, etc., as follows: 

Section 1. Alfred Hosmer, Henry C. Derby, Samuel corporators. 
S. Gleason, Albert O. Davidson, Francis Kendall, Abram 
L. Kichards, John H. Conant, John W. Coffin, John 
Coolidge, George K. Snow and John Murry, their asso- 
ciates and successors, are hereby made a corporation by 
the name of the Watertown Water Supply Company, for Name and 
the purpose of furnishing the inhabitants of Watertown p"""?"^®- 
with water for the extinguishment of tire, for domestic and 
other purposes, with all the powers and privileges, and ^^^^^l^ ""'' 
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 May take water 
aforesaid may take by purchase or otherwise and hold the amrpondsfn 
water of any springs, natural ponds, brooks or other Watertown. 
proper sources of supply within the town of Watertown, but 
if said water is drawn from Charles River the quantity 
shall not exceed one million gallons per day, and also may 
take and hold as aforesaid 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 and held proper dams, 
fixtures and other structures, and may make excavations, 
procure and operate machinery and provide such other means 
and appliances as may be necessary fortheestablishmentand 
maintenance of complete and effective water works ; and May construct 

1 . . Til and lay down 

may construct and lay down conduits, pipes and other conduits and 

I 1 ,1 , '11 other works. 

works, under or over any land, 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, repairing and main- May dig up 

taining such conduits, pipes and other works, and for all dlrectionlf/the 

proper purposes of this act said corporation may dig up s«'ectmen. 

any such lands, and under the direction of the board of 

selectmen of the 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 corporation shall, within sixty To have 
days after the taking of any lands, rights of way, water registry of 
rights, water sources or easements as aforesaid, otherwise eixV^iysa" 
than by purchase, file and cause to be recorded in the fa^nd'take°n! °' 



214 



1884. — Chapter 251. 



Liability for 
damages. 



Application for 
damages not to 
be made until 
water ie actually 
withdrawn. 



May distribute 
water and fix 
rates for the 
same. 



Real estate and 
capital stock. 



May issue bonds 
and secure by 
mortgage. 



registry of deeds for the southern district of the county 
of Middlesex 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 cor- 
poration. 

Section 4. The said corporation shall pay all damages 
sustained by any person or corporation 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 or corporation sustaining damages as aforesaid 
under this act, and failing 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 two 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 two years. No application for assessment of damages 
shall be made for the taking of any water, water rights, or 
for any injury thereto, until the water is actually with- 
drawn or diverted by said corporation under the authority 
of this act. 

Section 5. The said corporation may distribute the 
water through said town of Watertown ; may regulate the 
use of said water and fix and collect rates to be paid for 
the same ; and may make such contracts with said town 
or any fire district that is or may be established therein, 
or with any individual or corporation to supply water for 
the extinguishment of fires or for other purposes, as may 
be agreed upon by said town or such fire district, or indi- 
vidual or corporation, and said corporation. 

Section 6. The said corporation may for the purposes 
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 in amount two hun- 
dred thousand dollars to be divided into shares of one 
hundred dollars each. 

Section 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 ac- 
tually paid in and applied to the purposes of its incorpora- 
tion. 



1884. — Chapter 251. 215 

Section 8. Whoever wilfully or wantonly corrupts, Penalty for 
pollutes or diverts any of the waters taken or held under ^ti"ng"or iivert. 
this act, or injures any structure, work or other property '"g water. 
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 hun- 
dred dollars, or by imprisonment not exceeding one year. 

Section 9. The said town of Watertown shall have Town may at 
the right at any time during the continuance of the charter cha8efJ-an^c"hV8e 
hereby granted, to purchase the franchise, corporate prop- '""^ property. 
erty and all the rights and privileges of said corporation, 
at a price which may be mutually agreed upon between 
said corjooration and said town ; and the said corporation 
is authorized to make sale of the same to said town. In compensauon 
case said corporation and said town are unable to agree, by^comm™iion^ 
then the compensation to be paid shall be determined by era if parties fau 

. . 1 • T 1 1 •'to agree. 

three commissioners, to be appointed by the supreme 
judicial court, upon the application of either party and 
notice to the other, whose award when accepted by said 
court shall be binding upon all parties, and the purchase 
of and payment for this franchise and property shall be in 
conformity to the requirements of the Public Statutes. 

Section 10. The selectmen of Watertown, upon the security may be 
application of any person from whom any land, water or plymemo? 
water rights are taken under this act, shall require said ^^J^^'^^e® '"^^'^^ 
corporation to give satisfactory security for the payment awarded. 
of all damages and costs which may be awarded such 
owner for the land or other property so taken ; but pre- 
vious to requiring such security the said selectmen shall, 
if application therefor is made by either party, make an 
estimate of the damages which may result from such tak- 
ing, and the said selectmen 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 required. 

Section 11. This act shall take effect upon its passage, work to be 
but shall become void unless work under this act is com- wuhTn'two 
menced within two years from the date of its passage. y®""- 

Approved May 21, 1S84. 



216 



1884. — Chapter 252. 



into Boston 
Harbor, 



Vessels not 
more than 350 
tons, inward 
bound. 



Chap.252 An Act concerning pilotage. 

Be it enacted, etc. , as follows : 

Liability, to SECTION 1. Every vesscl bound into the harbor of 

ves°eeirboumi ° Boston, liable to pilotage, which shall arrive within a line 
drawn from Hardino^'s Ledge to the Graves and thence to 
Nahant Head without having been oflfered the services of a 
pilot shall be exempt from the payment of pilotage fees ; 
but if thereafter she requests and receives such services 
she shall pay the regular rates. 

Section 2. Any vessel of not more than three hun- 
dred and fifty tons register bound into the port of Boston, 
declining the services of a pilot shall if otherwise liable 
under the provisions of law to the payment of pilotage 
fees, be liable only for one-half of the regular fees ; but if 
such vessel request and receive such services she shall be 
held to pay the regular fees therefor. 

Section 3. No vessel of under three hundred and 
fifty tons register bound out from the port of Boston 
shall be held to pay pilotage fees for services tendered 
and declined ; but if such vessel request and receive such 
services the regular fees shall be paid therefor. 

Section 4. Section thirty- two of chapter seventy of 
the Public Statutes is amended to read as follows : — All 
passenger steam vessels regulated by the laws of the 
United States and carrying a pilot commissioned by United 
States commissioners, all vessels regularly employed in 
the coasting trade, all fishing vessels other than whalers, 
and all vessels of less than seven feet draught of water 
shall be exempt from the compulsory payment of pilotage. 

Section 5. Whenever any vessel exempt from the 
compulsory payment of pilotage requests the aid of a pilot, 
any pilot so requested shall serve such vessel in like man- 
ner as vessels not so exempt, and shall be entitled to the 
regular compensation therefor. 

Section 6. Section thirty-nine of chapter seventy of 
the Public Statutes is amended to read as follows : — No 
person, who does not hold a commission as a pilot, shall 
if a commissioned pilot offers his services or can be ob- 
tained within a reasonable time assume or continue to act 
as pilot in the charge or conduct of any vessel within the 
waters of this Commonwealth unless he is a person actu- 
ally employed on such vessel for the voyage. Whoever 
commits a breach of the provisions of this section shall be 



Vessels under 
350 tons, out- 
ward bound. 



Certain vessels 
exempt from 
pilotage. 



Pilot to serve 
vessel exempt, 
if so required. 



Persons other 
than pilots not 
to act as such, 
unless, etc. 



1884.— Chapters 253, 254. 217 

liable to a penalty of not less than twenty nor more than 
fifty dollars for each offence. 

Section 7. This act shall take effect on the first day to take effect 
of September next. Approved May 21, 1884. '""P' ' 

An Act relative to the location in which a savings bank QJiar).25fi 

OR institution for savings may transact its principal 
business. 
Be it enacted, etc., as follows: 

Section 1. A savings bank or institution for savinofs savings banks 

. ., 1^1 •• c t 1. I TiOi' institutions 

incorporated under the provisions or chapter one hundred for savings, 
and sixteen of the Public Statutes shall carry on its usual "oTec^onducted 
business at its banking house only, and no deposit shall houses'^onfy. 
be received, nor payment on account of deposits be made 
by such corporation or by any person on its account in 
any other place than at its banking house ; and such bank- 
ing house shall be kept in the city or town in which such 
corporation is established. 

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

Approved May 21, 1884. 

An Act authorizing the haverhill aqueduct company to (J]}ar> 254 
increase its water supply. 

Be it enacted, etc., as follows: 

Section 1. The Haverhill Aqueduct Company is here- Haverhiu Aque- 
by authorized to take and hold the waters of Crystal Lake, ra"ay ukT^'"'^ 
so called, in the city of Haverhill, together with any or^yMaiLake. 
water rights connected therewith, for the purpose of in- 
creasing its means of supplying the inhabitants of said city 
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 the general laws which now are or may here- 
after be in force regulating such corporations. 

Section 2. Said corporation may take, hold and ^lay convey 

I *j ' water tiirouffti 

convey through the city of Haverhill, or any part thereof, cuyof^ 
the water so taken, so far as may be necessary to supply 
the inhabitants thereof, and may take by purchase or oth- 
erwise and hold any real estate necessary for the preser- 
vation and purity of the said water, or for forming any 
dams or reservoirs to hold the same, and for laying and 
maintaining aqueducts and pipes for distributing the water 
so taken and held ; and may lay its water pipes through 



Ilavt-rhill. 



218 



1884. — Chapter 254 



May dig up 
roads under di- 
rection of the 
aldermen. 



To cause to be 
recorded in the 
registry of 
deeds a descrip- 
tion of lands 
and water 
rights hereto- 
fore or hereafter 
taken. 



Assessment of 
damages. 



Penalty for di- 
verting or 
corrupting 
water. 



any private lands, with the right to enter upon the same 
and dig therein for the purpose of making all necessary 
repairs or service connections ; and for the purposes afore- 
said may carry its pipes under or over any water course, 
street, railroad, highway or other way in such manner as 
not unnecessarily to obstruct the same ; and may, under 
the direction of the board of aldermen, enter upon and dig 
up any road or other way for the purpose of laying or re- 
pairing its aqueducts, pipes, or other works; and in gen- 
eral may do any other acts or things convenient and proper 
for carrying out the purposes of this act. 

Section 3. Said corporation shall, within sixty days 
after the taking of any land or water rights under the pro- 
visions of this act, otherwise than by purchase, file and 
cause to be recorded in the registry of deeds in the south- 
ern district of the county of Essex a description of any 
land and water rights so taken, sufficiently accurate for 
identification, with a statement of the purposes for which 
it is so taken, and the title of the land and water rights so 
taken shall vest in said corporation. Said corporation 
shall also file and cause to be recorded in the registry 
aforesaid a description of all the lands and water rights 
heretofore taken or which shall be hereafter taken by it 
under authority granted in any former acts. 

Section 4. Any person or corporation injured in any 
way by any acts of said corporation, and failing to agree 
with said corporation as to the amount of damages, may 
have the same assessed and determined in the manner 
provided by law when land is taken for the laying out of 
highways ; but no application shall be made to the county 
commissioners for the assessment of damages for the taking 
of water rights until the water is actually taken and 
diverted by said corporation. Any person whose water 
rights are thus taken or affected may apply as aforesaid 
within three years from the time the water is actually 
withdrawn or diverted, and not thereafter ; and no suit 
for injury done under this act shall be brought after three 
years from the doing of the alleged injury. 

Section 5. If any person shall use any of said water 
taken under this act, by drawing from any pipe without 
the consent of said corporation, or shall wantonly or mali- 
ciously divert the water or any part thereof so taken, or 
corrupt the same, or render it impure, or destroy or injure 
any dam or aqueduct, pipe, conduit, hydrant, machinery 



1884. — Chapter 254. 219 

or other works or property held, owned or used by said 
corporation under the authority of aiid for the purposes of 
this act, he shall forfeit and pay to said corporation three 
times the amount of damages assessed therefor, to be 
recovered in an action of tort ; and on conviction of 
either of the wanton or malicious acts aforesaid may be 
punished by a line not exceeding three hundred dollars 
or by imprisonment in jail not exceeding one year. 

Section 6. After the said corporation shall have ac- After waters of 
tually taken, diverted and stored the waters of Crystal arTtakenrthe 
Lake to its fullest capacity by erecting a dam at its outlet, ?8"7''/73°"§5%e. 
and after said corporation shall have drawn the water in |f^'if,/t°r'^[^^w 
said lake down to low water mark for the necessary use low water mark, 
of the inhabitants of Haverhill, under the authority of this whiiemore ' 
act, if more water is needed the provisions of section tive ^*"'«"«^ 
of chapter seventy-three of the acts of the year eighteen 
hundred sixty-seven, relating to drawing the waters of 
Round Pond, Plug Pond and Kenoza Lake below low 
water mark, shall not apply to said corporation while such 
additional water is needed ; and said corporation shall i)ro- 
ceed, within one year, to take and store the waters of said 
Crystal Lake, and furnish the same for the use of the in- 
habitants of said Haverhill within two years from the 
passage of this act. 

Section 7. The county commissioners for the county corporation 
within which any lands, water or water rights taken "ofive Jlcuruy 
under this act are situated, shall, upon application of the ^"am^ag^eT.*""' °' 
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 said 
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 said county 
commissioners shall, in like manner require further secu- 
rity, if at any time the security before required appears 
to them to have become insutficient ; 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 required. 

Section 8. The city of Haverhill may at any time cuy of Haver. 

1 /■ 1 J I • i 1 11 xi i- U" hill may at any 

hereaiter purchase or otherwise take all the irancnises, time purchase 



rights and property of said Haverhill Aqueduct Company chiseslnd'prop. 
at such price as may be agreed upon by the parties, and erty of corpora- 



ii20 



1884. — Chapter 255. 



in case the said city and the said corporation cannot agree 
upon the price to be paid, the supreme judicial court may, 
upon application of either party and notice to the other, 
appoint three commissioners who shall determine the price 
to be paid to said corporation by said city, and whose 
award when accepted by the court shall be final. 
t^i'n'^reqlfire'^'' ^ECTiON 9. This act shall take effect upon its passage, 
ments of section but shall bccomc void uulcss the requirements of section 

SIX are carried ., li^i' i/->i'i n r^ i 

out. SIX m regal d to taking and lurnishmg the waters of Crystal 

Lake are carried out. Approved May 21, 1884. 

Chap.255 



Coramissioners 
of prisons to 
prepare for use 
as the state 
prison, the 
buildings in 
Boston formerly 
occupied as said 
prison. 



Prisoners may 
be employed in 
preparing build- 
ings for occu- 
pancy. 



Governor to 
issue proclama- 
tion establish- 
ing prison. 



May issue proc- 
lamation estab- 
lishing the Mas- 
sachusetts re- 
formatory in the 



An Act to establish a reformatory for male prisoners. 
Be it enacted, etc., as follows : 

Section 1. The commissioners of prisons are hereby 
authorized and required to prepare for use as the state 
prison the buildings in the city of Boston formerly occu- 
pied as said prison, or such portions thereof as thej' may 
consider necessary, and to expend for that purpose such 
sum, not exceeding thirty-five thousand dollars, as they 
shall consider necessary : provided, that said commissioners 
shall not expend any part of said sum until they have ob- 
tained estimates from competent experts showing that the 
whole amount required to fully repair said buildings and 
fit the same for occupancy as a state prison will not exceed 
said sum of thirty-five thousand dollars. The warden of 
the state prison is hereby authorized to let to the commis- 
sioners of prisons, to be employed in preparing said 
buildings for occupancy, as many prisoners, held by him 
in said prison, as said commissioners shall desire, not ex- 
ceeding thirty in number at any onetime. Said prisoners 
shall be employed under the direction and in the custody 
of officers appointed by the warden, and shall be consid- 
ered to be in the warden's custody while employed as 
aforesaid. The amount to be paid for the labor of prison- 
ers so employed shall be determined by the warden and the 
commissioners of prisons. When the buildings are ready 
for occupancy the commissioners of prisons shall so notify 
the governor, and if said buildings are accepted by him 
he shall issue his proclamation, establishing the state 
prison in said buildings, and fixing the date at which it 
shall be established. 

Section 2. At any time subsequent to the establish- 
ment of the state prison at Boston, as provided in the 
preceding section, the governor may issue his proclama- 



1884. - Chapter 255. 221 

tion, establishing the Massachusetts reformatory in the buildings in 
buildings now owned by the Commonwealth in the town 
of Concord and occupied as the state prison, and said 
buildings and all lands and building owned by the Com- 
monwealth in said town of Concord are hereby devoted to 
the use of said reformatory. 

Section 3. Within two weeks after the establishment List of prisoners 
of the state prison in Boston, as herein before provided, beTr'^Mferred'*^ 
the commissioners of prisons shall send to the governor {o/yAo^be'fur' 
and council a list of all prisoners held in the state prison nisiied to gov- 

11 •!• •• 1111 /"I ornor and 

at Concord who, m their opinion, should be transterred to council. 
said Massachusetts reformatory. Said list shall not con- 
tain the name of any prisoner held in said prison upon a 
sentence of five years or more, or for life, nor the name 
of any such prisoner held upon a sentence of less than five 
years, if more than one-half of such sentence remains 
unexpired : provided, however, that the name of any 
prisoner having a sentence of five years or more may be 
placed upon said list if, at the date of the establishment prisoners to be 
of said prison at Boston, he shall have not more than one ie'iected from^^ 
year to serve after deducting the time commuted for his n^gJid *^"'^" 
good behavior. The governor and council shall decide 
which of the prisoners whose names are included in said 
list shall be transferred to said reformatory, and the gov- Governor to 
ernor shall issue his warrant directingthe warden of the state 'ssue warrant. 
prison to transfer said prisoners to said reformatory, and 
the warden shall transfer said prisoners, as directed in said 
warrant. 

Section 4. The governor shall also issue his warrant Governor to 
directing the warden of the state prison to remove from lo^rln^v"'"*'^ 
the state prison at Concord to the state prison at Boston r«mainderof 

11 • 111- •! • /-I 111 prisoners to 

all ])risoners held in said prison at Concord who have not state prison at 
been removed to said reformatory, as aforesaid, and the 
warden shall remove said prisoners, as directed in said 
warrant. 

Section 5. Every prisoner removed from the state Terms of 
prison at Concord to the state prison at Boston, as afore- fulfiiTed^ ^ 
said, shall serve in said state prison at Boston the remain- 
der of the term of his sentence to the state prison in the 
same manner as if he had originally been committed to said 
state prison at Boston ; and every prisoner transferred 
from the state prison to the Massachusetts reformatory, 
as aforesaid, shall serve in said reformatory the remain- 
der of the term of his sentence to the state prison, in the 



222 



1884. — Chapter 255. 



After establish- 
ment of prisons, 
sentences to 
state prison to 
run to tlie state 
prison at 
Boston. 



Laws relating to 
tlie state prison 
at Concord to 
apply to the 
state prison at 
Boston. 



Male persons 
punisiial)le by 
Inoprisonment 
in state prison, 
jail, etc , may 
be sentenced to 
reformatory. 



Sentence to 
reformatory 
may be for the 
maximum term 
allowed by law. 



Copy of com- 
plaint, etc., 
together with 
names of wit- 
nesses at the 
trial, to be sent 
to superintend- 
ent. 



same manner as if he had originally been sentenced to 
said reformatory, and the removal or transfer of a prisoner, 
as aforesaid, shall not in any way impair the validity of 
his sentence, or abridge the authority of the warden or 
superintendent, as the case may be, to detain him in 
custody according to its terms. 

Section 6. From and after the date of the establish- 
ment of the state prison at Boston, as fixed by the gov- 
ernor, under the provisions of section one of this act, all 
sentences to the state prison shall be to the state prison 
at Boston. The warden of the state prison shall have the 
custody, in the state prison at Concord, of all prisoners 
sentenced thereto, until their transfer to said reformatory 
or their removal to the state prison at Boston. When all 
of said prisoners have been so transferred or removed the 
state prison at Concord shall cease to be such. 

Section 7. From and after the date of the establish- 
ment of the state prison at Boston, as aforesaid, all laws 
relating to the state prison at Concord, and to prisoners 
confined therein, shall be in full force and efiect in relation 
to the state prison at Boston, and to prisoners confined 
therein. 

Section 8. After the establishment of the Massachu- 
setts reformatory any male person convicted of an ofiience 
punishable by imprisonment in the state prison or in a 
jail, house of correction or house of industry may be sen- 
tenced to said reformatory : provided^ however, that no 
person shall be sentenced to said reformatory for a less 
time than one year. Municipal, police and district courts 
and trial justices shall have the same jurisdiction and au- 
thority to sentence such person to said reformatory which 
they have to sentence him to such jail, house of correction 
or house of industry. 

Section 9. Every sentence to said reformatory im- 
posed under the laws of this Commonwealth may be for 
the maximum term provided by law for the punishment 
of the oifence of which the person so sentenced has been 
convicted. The term of imprisonment under any such 
sentence may be terminated by the commissioners of 
prisons as authorized by section thirty-three of this act. 

Section 10. Whenever any person is sentenced to 
said reformatory the court imposing the sentence shall 
transmit to the superintendent an attested copy of the 
complaint or indictment under which such person was 



1884. — Chapter 255. 223 

convicted, too^ether with the names of the witnesses testi- 
fying for and against snch person at his trial. No fee 
shall be charged or allowed for making said copies. 

Section 11. After the establishment of the Massa- Boys over 
chusetts reformatory no person who is over fifteen years 8efuTo"rcfor°m* 
of age shall be sentenced to the reform school for boys at "chooi. 
Westborough. 

Section 12. The commissioners of prisons may re- Prisoners in 

. T /. . I 1 • i2 J • jails, etc , in the 

move to said reformatory such male prisoners connncd in several counties 
the jails or houses of correction of the several counties, [JI^The rIfo"ma-^ 
or in the House of Industry at Deer Island, in the city of '"■'>'• 
Boston, as they consider likely to be benefited by its 
reformatory influences. They may also, whenever they prisoners thus 
consider it necessary, remove from said reformatory to be"etrr1i^i%tc. 
the place of imprisonment from which he was received, 
any prisoner removed to said reformatory under the pro- 
visions of this section, or may remove any prisoner held 
in said reformatory to any jail or house of correction. 

Section 13. On application of the trustees of the Boys in reform 
state primary and reform schools the commissioners of borough t^rbe 
prisons may cause any boy confined in the state reform formatolry!' '^^" 
school for boys at Westborough upon a sentence for any 
offence to be removed to said reformatory. The said 
commissioners, upon application of said trustees, may 
cause a boy so removed to be returned to said state 
reform school. 

Section 14. Said commissioners may with the same prisoners in 
consent, with the consent of the governor and council, mayYe^emoved 
remove from the state prison to said reformatory any to reformatory. 
prisoner confined in said prison, and may, whenever they 
consider it necessary, return said prisoner to said state 
prison. 

Section 15. A prisoner removed or returned under prisoner thus 
the provisions of either of the three preceding sections uTn°erun°der' 
shall serve the remainder of his original term of sentence "ecl^oimrsen^e 
in the place of confinement to which he is so removed or out sentence. 
returned. 

Section 1 6. Every order for the removal of a prisoner ordi r for re- 
under this act shall be signed by the secretary of the ™gned bysecre- 
commissioners of prisons, and directed to the officer gione"!*^""""'^" 
making the removal. All mittimuses, processes, and 
other official papers or copies thereof by which a prisoner 
is held shall be removed with him. 

Section 17. Any order for the removal of a prisoner ordermaybe 

executed by any 



224 



1884. — Chapter 255. 



■oflBcer author- 
ized to serve 
process. 



<3o8t8 of com- 
mitment and 
removal. 



Otlicers of the 
reformatory. 



Superintendent 
and physician 
appointed by 
governor and 
council. 



Other officers 
by superintend- 
ent with ap- 
proval of com- 
missioners. 



Salaries of 
officers. 



under the provisions of this act may be executed by any 
officer authorized to serve civil or criminal process in any 
county in this Commonwealth. 

Section 18. The costs of the commitment of any 
person sentenced to said reformatory shall be paid by the 
county from which he is committed. The costs of the 
removal of any person to or from said reformatory shall 
be paid from the treasury of the Commonwealth, the bills 
therefor having received the approval of the commission- 
ers of prisons. 

Section 19. The officers of said reformatory shall 
consist of one superintendent, one deputy superintendent, 
one instructor, one physician, one clerk, four turnkeys, one 
engineer, as many watchmen not exceeding twenty-three, 
and as many assistant watchmen uot exceeding twenty- 
three, as the superintendent and the commissioners of pris- 
ons may consider necessary. 

Section 20. The superintendent and the physician 
shall he appointed by the governor by and with the con- 
sent of the council, and shall hold office during the pleas- 
ure of the governor and council. 

Section 21. All other officers of said reformatory 
shall be appointed by the superintendent, subject to the 
approval of the commissioners of prisons, and shall hold 
their offices during the pleasure of the superintendent 
and commissioners. 

Section 22. The officers of the prison shall receive 
the following annual salaries, viz. : the superintendent, 
thirty-five hundred dollars ; the instructor, two thousand 
dollars; the physician, one thousand dollars; and the 
officers appointed by the superintendent such salaries as 
shall be fixed by him, subject to the approval of the commis- 
sioners of prisons, but within the limits herein respectively 
set forth, as follows, viz. : the deputy superintendent, 
not exceeding two thousand dollars ; the clerk, not ex- 
ceeding two thousand dollars; each turnkey, not exceed- 
ing eleven hundred dollars ; the engineer, not exceeding 
fifteen hundred dollars ; each watchman, not exceeding 
one thousand dollars ; each assistant watchman, not ex- 
ceeding eight hundred dollars. No other perquisite, 
reward or emolument, shall be allowed to, or received by, 
any of the said officers, except that there shall be allowed 
to the superintendent and deputy-superintendent sufficient 



1884. — Chapter 255. 225 

house room with fuel and lights, for theoiselves and their 

families. 

P'' Section 23. The superintendent of said reformatory united states 

shall receive and securely keep, according to the terras of be'conti"edta 

his sentence, any male person committed thereto upon a ''^f^^^^^'^y- 

sentence imposed by any court of the United States, or 

any male prisoner sentenced by any such court who may 

be removed thereto from any other prison. 

Section 24. The superintendent shall have the custody superintendent 

-1 1 /. 11 • 'ii 1 X ^1 • 1 r to have custody 

and control of all prisoners committed to the said reiorma- of aii the prison. 
tory, and shall have the management and direction of the ®"' 
reformatory under the rules and regulations of the same. 
He shall, before entering upon the duties of the office, To give bond. 
give to the treasurer of the Commonwealth a bond, in 
such sum and with such sureties as the governor and 
council shall approve, conditioned that he shall faithfully 
account for all the money placed in his hands, and for the 
faithful performance of his duties. He shall purchase all ^"Pj'jgg^'*^® 
supplies necessary for the said reformatory ; shall receive 
and pay out all money paid from the treasury of the Com- 
monwealth for the support thereof, and shall have the 
custody and control of the buildings and property of the 
Commonwealth connected therewith. He shall cause toTokeepac- 
be kept in suitable books a full and accurate statement of eny, expensls, 
the property, expenses, income and business of the said ®*''' 
reformatory. He shall make to the commissioners of pris- 
ons such reports as they shall require of him. 

Section 25. When the office of superintendent is Deputy to act in 
vacant, or the superintendent is absent from the reforma- perimendent.* 
tory, 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 26. If the office of superintendent becomes Deputy may be 

, • • c • • tu 1 4. required to as. 

vacant the commissioners ot prisons may require the deputy sume duties and 
superintendent to assume the duties of superintendent, and office of s'uper- 
to give a bond to the Commonwealth, in the sum of ten thou- i,acM^t!°*^ '^ 
sand dollars, with sufficient sureties, to be approved by them, 
conditioned for the faithful performance of the duties in- 
cumbent on him as deputy superintendent until a superin- 
tendent is appointed, and that he will faithfully account 
for all mone}' which shall come into his hands in such case ; 
and from the time said bond is approved the deputy 
superintendent shall, so long as he performs the duties of 



226 



1884. — Chapter 255. 



Superintendent 
pro tempore. 



Instructor to de- 
vote his whole 
time, etc. 



Commissioners 
to have general 
supervision. 



To make rules 
for grading and 
classifying pris- 
oners. 



Prisoners to be 
employed with 
consent of gov- 
ernor and 
council. 



Trades. 



Prison school. 



Moneys received 
for labor to be 
paid over once 
in each month. 



Salaries of offi- 
cers and bills 
for supplies to 
be paid 
monthly. 



superintendent, receive the salary of that officer, in lieu of 
his salary as deputy superintendent. If the deputy super- 
intendent does not give such bond when required, the 
commissioners of prisons may relieve him from the duties 
of superintendent and appoint a superintendent pro tem- 
pore^ who shall give such bond, and shall have the power 
and authority, perform the duties and receive the salary 
of the superintendent, until a superintendent is duly 
appointed and enters upon the discharge of the duties of 
the office. 

Section 27. The instructor shall devote his whole 
time to the instruction of the prisoners and the promotion 
of their moral and religious well being. 

Section 28. The commissioners of prisons shall have 
the general supervision of the said reformatory, and shall 
make all necessary rules and regulations for the govern- 
ment and direction of the officers in the discharge of their 
duties, for the discipline of the prisoners and the custody 
and preservation of the property of the said reformatory. 
They shall make special provision for grading and classi- 
fying the prisoners and establish rules for dealing with 
them according to their behavior, industry in labor, and 
diligence in study. All rules and regulations adopted by 
the said commissioners shall be subject to the approval of 
the governor and council. The said commissioners shall, 
with the superintendent, cause provision to be made for 
the employment of the prisoners ; but no such provision 
shall be made without the approval of the governor and 
council. The said commissioners shall endeavor to estab- 
lish in said reformatory such industries as will enable 
prisoners employed therein to learn valuable trades. The 
said superintendent and commissioners may expend a sum 
not exceeding two thousand dollars annually for the main- 
tenance of a prison school. 

Section 29. All moneys received by the superintend- 
ent for labor of the prisoners or for articles sold shall be 
paid over to the treasurer of the Commonwealth as often 
as once in each month. 

Section 30. The salaries and pay of all officers and 
employees at said reformatory, and all bills for supplies 
and for other expenditures for said reformatory shall be 
paid monthly from the treasury of the Commonwealth, 
the same having first been certitied by the auditor of the 
Commonwealth upon schedules, accompanied by vouchers, 



commissioners. 



1884. — Chapter 255. 227 

enumerating the bills and pay-rolls. Said schedules shall 
be certified by the superintendent and approved by the 
commissioners of prisons. A full record of the pay-rolls Record of pay - 
and bills shall be kept by the superintendent, and the 
originals shall be deposited with the auditor of the Com- 
monwealth as vouchers. 

Section 31. The superintendent of said reformatory superintendent 

,,, ,, liii •• ^ • to make annual 

shall annually make to the commissioners ot prisons, on reportto the 
or before the first day of November, a report of the affairs 
of said reformatory, including a detailed statement of the 
receipts and expenditures of the year ending on the thirtieth 
day of September, with such other facts and such recom- 
mendations as he shall desire to present, and such report, 
together with the recommendationsof said commissioners, 
shallbeincludedbythemin their annual report. Five hun- 
dred copies of the superintendent's report shall be printed 
separately from the report of the said commissioners, for 
the use of the superintendent. 

Section 32. Prisoners confined in said reformatory Prisoners may 
may be employed, in the custody of an officer, upon any upoTiands! 
lands or buildings owned by the Commonwealth in the ^"''<i'"S8> «^t«- 
town of Concord, and whoever escapes from said land Escape. 
shall be deemed to have escaped from said reformatory. 

Section 33. When it shall appear to the commis- Permit to be at 
sioners of prisons that any person imprisoned in said refor- conduioM^may 
matory has reformed, they may issue to him a permit to commys's'ioners. 
be at liberty during the remainder of his term of sentence, 
upon siich conditions as they deem best ; and they may 
revoke said permit at any time previous to its expiration : 
provided, hoioever, that no permit shall be issued to a to be issued to 
person transferred or removed from the state prison to sta'te°pri8o'", 
said reformatory, except with the approval of the gov- provaTofg'J'v. 
ernorand council. The violation by the holder of a permit, l"'^^^^^^ 
granted as aforesaid, of any of the terms or conditions of 
such permit, or the violation of any of the laws of this 
Commonwealth, shall of itself make void said permit. 

Section 34. When any permit granted under the pro- if permit has 
visions of the preceding section has been revoked, or has hoWm^'mayba 
become void, as aforesaid, the commissioners of prisons '"'""^"ed. 
may issue an order authorizing the arrest of the holder of 
said permit and his return to said reformatory. Said of ^"e^st"^ ""^^^"^ 
order of arrest may be served by any officer authorized to 
serve criminal process in any county in this Common- 
wealth. The holder of said permit, when returned to said [^•rnedehaube' 



228 



1884. — Chapter 256. 



Assistance for 
discharged pris- 
•oners. 



Kepeal. 



held according reformatory, as aforesaid, shall be detained therein ac- 

to original sen- ,. , ^.i . /■ i • • • i . i • 

tence. coiding to the terms or his original sentence ; and in com- 

puting the period of his confinement the time between his 
release upon said permit and his return to the reformatory 
shall not be taken to be any part of the term of the 
sentence. 

Section 35. The commissioners of prisons may ex- 
pend for the assistance of prisoners discharged from said 
reformatory a sum not exceeding three thousand dollars 
annually. And said commissioners of prisons shall receive 
no compensation for their services under this act. 

Section 36. So much of chapter three hundred and 
ninety-one of the acts of eighteen hundred and seventy- 
four as requires the sale of the state prison at Charlestown, 
and the laud and property connected therewith, is hereby 
repealed, and in lieu of the application of the proceeds of 
such sale required by said act, the treasurer is hereby 
directed to pay into the sinking fund thereby created, from 
the revenue of the Commonwealth not otherwise appro- 
priated, the sum of sixty thousand dollars, on or before 
the first day of July in each year, for ten years, com- 
mencing with the present year. 

Section 37. This act shall take effect upon its passage. 

Approved May 21, 1884. 



Sinking fund. 



Ch(ip.2i5Q '^N Act to provide a further supply of water for the 

CITY OF CAMBRIDGE. 

Be it enacted, etc., as follows : 
May take waters Section 1. The city of Cambridge, for the purpose of 

of Stony Bi:ook . ■, . i, -ii.i c • i 

in waitham and Supplying Said City and the inhabitants thereof with pure 
water for the extinguishment of fires, and for domestic and 
other purposes, may take, hold and convey into and 
through said city, either by the way of Fresh Pond or 
otherwise, the waters of Stony Brook, in the towns of 
Waitham and Weston, and of the tributaries thereof, with 
any water rights connected therewith, and may also take 
and hold by purchase or otherwise any land, rights of way, 
easements and real estate necessary for laying, construct- 
ing and maintaining aqueducts, water-courses, reservoirs, 
storage basins, dams and such other works as may be 
deemed necessary or proper for collecting, purifying, stor- 
ing, retaining, discharging, conducting and distributing 

Water to be re- said watcrs : pvovided, however, ihsit there shall be re- 



May take land, 
rights of way, 
etc. 



1884. — Chapter 256. 229 

served from said waters sufficient for the town of Weston served for 
to supply itself and its inhabitants with pure water for the 
extino;ui8hment of fires and for domestic and other pur- 
poses ; 'dxxA provided, further, that there shall also be water to be re- 
reserved from said waters sufficient for the town of waitimm. 
Waltham to supply itself and its inhabitants with pure 
water for like purposes, whenever the legislature shall 
grant to said towns the right to take water from the Stony 
Brook or its tributaries. But until the water thus to be 
reserved is actually diverted under any such legislative 
grant, Cambridge shall have the right to the same, and in 
any case to so much as is not thus diverted, in the same 
manner as though these respective reservations had not 
been made, 'a\i({ provided, that Cambridge shall not draw Proviso. 
any water from said reservoir or storage basin for its own 
use, or for the use of any other town or city except when 
the water is running to waste over the dam, without the 
consent of Waltham and Weston, and said dam shall be Dam to be com- 
built and maintained by the city of Cambridge at an ele- "ne"year^and 
vatiou of twenty feet above the top of the present dam on ^oun^three 
Stony Brook at Roberts' Mills, and the construction of y^^""*- 
said dam shall be commenced within one year, and com- 
pleted within three years from the passage of this act. 

Section 2. Said city shall, within sixtv days after To cause to be 

, ,. ,T -i"; /» ^ "-1^ 4 recorded in the 

taking any lands, rights or way, water rights, water registry of 
sources or easements aforesaid, otherwise than by pur- u^rfoAheprop- 
chase, for the purposes of this act, file and cause to be re- erty taken. 
corded in the registry of deeds for the county and district 
in which such land or other property is situated, a de- 
scription thereof sufficiently accurate for identification, 
with a statement of the purpose for which the same was 
taken, which statement shall be signed by the mayor. 

Section 3. Said city, for the purposes aforesaid, may May construct 
construct aqueducts and maintain the same ; may construct dams.'^'^ 
and maintain dams, reservoirs, storage basins and other 
proper works ; may erect buildings and machinery ; may 
make and establish such public fountains and hydrants as 
may from time to time be deemed proper, and may change 
or discontinue the same ; may regulate the use of water, 
and establish the price or rates to be paid therefor, and 
collect the same by process of law. Said city may also. May dig up 

„ ., '...-. . -, " . roads and ways. 

tor the purposes aioresaid, carry any pipe, drain or aque- 
duct over or under any river, water-course, street, rail- 
road, public way, highway or other way, in such manner 



230 



1884 — Chapter 256. 



dition. 



as not unnecessarily to obstruct the same, and may enter 

upon and dig up such road, street or way for the purpose 

of laying down, maintaining or repairing any pipe, drain 

or aqueduct, and msiy do any other things necessary and 

proper in executing the purposes of this act. 

onhecu^toV Section 4. If said city enters upon and digs up, for 

restored to good the purposes aforcsaid, or by reason of anything author- 
order and con- •->,,. . . -, i • i • 

ized by this act, injures any road, street or way which is 
outside the limits of said city, it shall be subject to such 
reasonable regulations as may be prescribed by the select- 
men of the town, or the mayor and the aldermen of the 
city, in which such road, street or way is located, and shall 
restore the same to as good order and condition as it was 
in when such digging commenced, or before such injury 
occurred ; and the work shall be done and all repairs be 
made in such manner and with such care as not to render 
any road, street or way in which such pipes are laid, un- 
safe or unnecessarily inconvenient to the public travel 
thereon. Said city shall at all times indemnify and save 
harmless any such city or town which is liable to keep in 
repair any road, street or way aforesaid, against all dam- 
ages and costs which may be recovered against it and 
shall reimburse to it all expense which it shall reasonably 
incur in the defence of suits or otherwise by reason of any 
defect or want of repair in such road, street or way, 
caused by the placing, maintenance, repairing or replacing 
of said pipes, or by reason of any injury to persons or 
property, caused by any defect or want of repair in any 
such pipes : provided, that said city has notice of any 
claim or suit for such damage or injury, and an oppor- 
tunity to assume the defence thereof. 

Section 5. Said city shall be liable to pay all damages 
sustained by any persons or corporations by the taking of, 
or injury to, any of their land, water, water rights, rights 
of way, easements or property, or by the constructing or 
repairing of any aqueduct, reservoir or other works, for 
the purposes aforesaid. If any person sustaining damage, 
as aforesaid, does not agree with said city upon the 
amount of said damage, he may, within three years from 
such taking, and not afterwards, apply by petition for an 
assessment of the damage to the superior court in the 
county in which the property taken or damaged is situ- 
ated. Such petition may be filed in the clerk's ofBce of 
said court, in vacation or in term time, and the clerk shall 



Liability for 
damages. 



1884. — Chapter 256. 231 

thereupon issue a summons to the said city, returnable, if 
issued in vacation, at the next term of the court to be held 
after the expiration of fourteen days from the filing of the 
petition ; and if in term time, returnable on such day as 
the court shall order, to appear and answer to the petition. 
The summons shall be served fourteen days at least before 
the terra or day at which it is returnable, by leaving a 
copy thereof and of the petition, certified by the oflScer 
who serves the same, with the clerk of said city ; and the 
court may, upon default or hearing of said city, appoint 
three disinterested persons who shall, after reasonable 
notice to the parties", assess the damages, if any, which 
such petitioner may have sustained as aforesaid ; and the Award to be 
award of the persons so appointed, or a major part of 
them, being returned into and accepted by the court, shall 
be final, and judgment shall be rendered and execution 
issued thereon for the prevailing party with costs, unless 
one of the parties claims a trial by jury as hereinafter pro- 
vided. 

Section 6. If either of the parties mentioned in the Tnaibyajury. 
preceding section is dissatisfied with the amount of dam- 
age awarded, as therein expressed, such party may, at 
the term at which such award was accepted or the next 
term thereafter, claim, in writing, a trial in said court, 
and have a jury to hear and determine at the bar of said 
court all questions of fact relating to such damages, and 
to assess the amount thereof; and the verdict of the jury. Verdict to be 
being accepted and recorded by the court, shall be final 
and conclusive, and judgment shall be rendered and 
execution issued thereon, and costs shall be recovered by 
the parties, respectively, in the same manner as is pro- 
vided by law in regard to proceedings relating to the laying 
out of highways. 

Section 7. No application shall be made to the court Appiicaticn for 
for the assessment of damages for the taking of any water be'SSuntn*' 
rights, or for any injury thereto, until the water is ac- ^^tMrawn?*"^ 
tually withdrawn or diverted by said city under the au- 
thority of this act. 

Section 8. In every case of a petition to the superior Tender for 
court for an assessment of damages, as provided in this *™^^®*' 
act, the city may tender to the complainant or his attor- 
ney any sum, or may bring the same into court to be paid 
to the complainant for the damages by him sustained or 
claimed in his petition, or may in writing oflTer to be 



232 



1884. — Chapter 25G. 



Cambridge held 
to pay damages. 



Waltham to pay 
a fair propor- 
tion. 



If Cambridge 
and Waltham 
cannot agree, 
either may ap- 
ply to the supe- 
rior court. 



Rights and lia- 
bilities. 



Additional 
water loan for 
Cambridge, not 
to exceed 

$500,000. 



defaulted, and that damages may be awarded against it 
for the sum therein expressed, and if the complainant does 
not accept the sum with his costs up to that time, but 
proceeds in his suit, he shall be entitled to his costs up to 
the time of the tender of such payment into court, or offer 
of award, and not afterwards, unless the complainant 
recovers greater damages than were so offered. 

Section 9. In estimating the damages for anything 
taken under this act, the city of Cambridge shall be held 
to pay as if there were no reservation in the first section 
hereof in favor of Weston and Waltham, and if the town 
of Waltham shall ever take any part of the water reserved 
for it in the first section hereof, it shall pay to Cambridge 
a fair proportion of the damages paid by Cambridge for 
water and water rights taken, and if Waltham takes from 
any reservoir or pipes constructed by Cambridge, under 
the authority of this act or any act in amendment hereof 
it shall pay to Cambridge a fair proportion of the cost to 
Cambridge, excluding interest, of the works connected 
with said reservoir or pipes. If Cambridge and Waltham 
cannot agree as to the sums to be paid, either party may 
apply to the superior court, in the county of Middlesex, 
and the court upon such notice to the other party as it 
may order, shall appoint three commissioners, who shall, 
after reasonable notice fi.x the amount to be paid, and the 
award of them or a major part of them being returned 
into, and accepted by the court shall be final, and judg- 
ment shall be rendered and execution issued thereon, and 
the court may award costs to either party as may seem to 
the court just and equitable, and execution shall issue 
therefor. 

Section 10. All the rights, powers and authority 
given to the city of Cambridge by this act shall be exer- 
cised by said city, subject to all duties, liabilities and 
restrictions herein contained, in such manner and by such 
agents, officers and servants as the city council shall from 
time to time ordain, direct and appoint. 

Section 11. For the purpose of defraying the cost of 
such franchises, property, lands, easements, water and 
water rights as may be purchased, taken or held for the 
purposes aforesaid, and of constructing the works author- 
ized by this act, and paying all expenses incident thereto, 
the city council of Cambridge shall have authority to issue 
in addition to what it is already authorized by law to issue, 



1884. — Chapteh 256. 233 

scrip or bonds, to be denominated on the face thereof 
" Cambridge Water Loan," to an amount not exceedino; 
five hundred thousand dollars, bearing interest not exceed- 
ing six per centum per annum, payable semi-annually, the 
principal to be payable at periods of not more than thirty 
years from the issuing of such scrip or bonds respectively. 
Said city council may sell the same, or any part thereof, 
from time to time, or pledge the same for money borrowed 
for the above purposes ; but the same shall not be sold or 
pledged for less than the par value thereof. The provis- sinking fund. 
ions of section eight of chapter one hundred and fifty- 
three of the acts of the year eighteen hundred and 
sixty-five, and of section two of chapter one hundred and 
forty-five of the acts of the year eighteen hundred and 
seventy-five, in regard to establishing and maintaining a 
sinking fund for the redemption of the " Cambridge 
Water Loan," shall apply to this act; and said sinking 
fund shall remain sacred and inviolate, and pledged to the 
payment and redemption of said debt and shall be used 
for no other purpose. The provisions of the tenth and 
eleventh sections of chapter twenty-nine of the Public 
Statutes shall, so far as applicable, apply to said sinking 
fund. 

Section 12. The occupant of any tenement shall be Liability for 
liable for the payment of the rent for the use of the water water?*^ "*^ *^ 
in such tenement, and the owner thereof shall be also 
liable if, on being notified of such use, he does not object 
to the same. 

Section 13. All acts and measures necessary to pre- Expense to be 
serve and maintain the purity and to prevent the pollution Cambndge. 
of the waters of said Stony Brook shall be performed, 
and the expense and damages thereof paid by the city of 
Cambridge. 

Section 14. Whoever wantonly or maliciously diverts Penalty for di- 
the water, or any part thereof, taken or held by said city rupung wa*ter! 
pursuant to the provisions of this act, or corrupts the 
same, or renders it impure, or destroys or injures any 
dam, aqueduct, pipe, conduit, hydrant, machinery or other 
works or property, held, owned or used by said city under 
the authority and for the puposes of this act, shall forfeit 
and pay to said city three times the amount of the damages 
assessed therefor, to be recovered in an action of tort ; 
and on conviction of either of the wanton or malicious acts 
aforesaid may also be punished by fine not exceeding three 



234 



1884. — Chapter 257. 



Weston and 
Waltham not 
prevented from 
taking water 
from brook. 



Cambridge may 
supply Belmont 
and Watertown 
■with water. 



To be accepted 
within three 
months, and 
work com- 
menced within 
one year. 



hundred dollars, or by imprisonment not exceeding one 
year in the house of correction in said county of Middle- 
sex. 

Section 15. Nothing contained in this act shall be so 
construed as to prevent the inhabitants of the towns of 
Weston and Waltham from taking from said brook, or its 
tributaries, so much of the water as shall be necessary for 
extinguishing fires, and for all domestic and other pur- 
poses. 

Section 16. The city of Cambridge is hereby author- 
ized, if said city shall deem it expedient so to do, to sup- 
ply the towns of Belmont and Watertown, or either of 
them, with water in such quantities, under such condi- 
tions and upon such terms as may be agreed upon between 
said city of Cambridge and said towns, or either of them. 

Section 17. This act shall take effect upon its passage ; 
but shall become void unless it is accepted by the city 
council of Cambridge within three months from its pas- 
sage, and unless work is commenced under it within one 
year from its passage. Approved May 21, 1884. 



Waltham may 
take waters of 
Stony Brook in 
Waltham and 
Weston. 



Ghap.^&l An Act to provide a further supply of water for the 

TOWN OF WALTHAM. 

Be it enacted, etc., as follows: 

Section 1. The town of Waltham, for the purpose of 
supplying said town and the inhabitants thereof with pure 
water for the extinguishment of tires and for domestic and 
other purposes, may take, hold and convey into and 
through said town, the waters of Stony Brook in the towns 
of Waltham and Weston, and of the tributaries thereof, and 
any water rights connected therewith, and may also take 
and hold by purchase or otherwise any land, rights of way, 
easements and real estate necessary for laying, construct- 
ing and maintaining aqueducts, water-courses, reservoirs, 
storage basins, dams and such other works as may be 
deemed necessary or proper for collecting, purifying, 
storing, retaining, discharging, conducting and distribut- 
ing said waters. 

Section 2. Said town shall, within sixty days after 
taking any lands, rights of way, water rights, water 
sources or easements aforesaid otherwise than by pur- 
chase, for the purposes of this act, tile and cause to be 
recorded in the registry of deeds for the county and dis- 
trict in which such land or other property is situated, a 



To cause to be 
recorded in reg. 
istry of deeds a 
description of 
land, etc., taken. 



1884. — Chapter 257. 235 

description thereof sufficiently accurate for identification, 
with a statement of the purpose for which the same was 
taken, which statement shall be signed by the water com- 
missioners of the town. 

Section 3. Said town, for the purposes aforesaid, may Mayconstiuct 

1 , t • J • j^i and maintain 

construct aqueducts and mamtani the same; may con- dams and reser- 
struct and maintain dams, reservoirs, storage basins and ^°"*' 
other proper works ; may erect buildings and machinery ; 
may make and establish such public fountains and 
hydrants as may from time to time be deemed proper, and 
may change or discontinue the same ; may regulate the use 
of water, and establish the price or rates to be paid there- 
for, and collect the same by process of law. Said town May regulate 

, ,. . , * /• • 1 • use of water, 

may also, tor the purposes atoresaid, carry any pipe, and establish 
drain or aqueduct over or under any river, water-course, ^^*'''''^^«*- 
street, railroad, public way, highway or other way, in such 
mnnuer as not unnecessarily to obstruct the same, and ^a^J^ifi^ways. 
may enter upon and dig up such road, street or way for 
the purpose of laying down, maintaining or repairing any 
pipe, drain or aqueduct, and may do any other things 
necessary and proper in executing the purposes of this act. 

Section 4. If said town enters upon and digs up for subject to regu. 
the purposes aforesaid, or by reason of anything author- men of towns 
ized by this act injures any road, street or way which is ^cat*ed'°* 
outside the limits of said town, it shall be subject to such 
reasonable regulations as may be prescribed by the select- 
men of the town, or the mayor and aldermen of the city, 
in which such road, street or way is located, and shall re- 
store the same to as good order and condition as it was in 
when such digging commenced, or before such injury 
occurred ; and the work shall be done and all repairs be 
made in such manner and with such care as not to render 
any road, street or way, in which such pipes are laid, un- 
safe or unnecessarily inconvenient to the public travel 
thereon. Said town shall at all times indemnify and save Town toindem- 

1 , »•, I'l'Tiiji • nify other places 

harmless any such city or town which is liable to keep in against dam- 
repair any road, street or way aforesaid, against all dam- "^^*" 
ages and costs which may be recovered against it, and 
shall reimburse to it all expense which it shall reasonably 
incur in the defence of suits or otherwise by reason of any 
defect or want of repair in such road, street or way, 
caused by the placing, maintenance, repairing or replac- 
ing of said pipes, or by reason of any injury to persons or 
property, caused by any defect or want of repair in any 



236 



1884 — Chapter 257. 



Proviso. 



Damages for 
taking land, etc. 



If parties fail to 
agree, applica- 
tion may be 
made to supe- 
rior court. 



Assessment of 
damages. 



Party dissatis- 
fied may claim a 
trial by a jury. 



Verdict to be 
final. 



such pipes : provided^ that said town has notice of any 
claim or suit for such damage or injury, and an oppor- 
tunity to assume the defence thereof. 

Section 5. Said town shall be liable to pay all dam- 
ages sustained by any persons or corporations by the tak- 
ing of, or injury to, any of their land, water, water rights, 
rights of way, easements or property, or by the construct- 
ing or repairing of any aqueduct, reservoir or other 
works, for the purposes aforesaid. If any person sustain- 
ing damage, as aforesaid, does not agree with said town 
upon the amount of said damage, he may, within three 
years from such taking, and not afterwards, apply by 
petition for an assessment of the damage to the superior 
court in the county in which the property taken or dam- 
aged is situated. Such petition may be filed in the 
clerk's office of said court, in vacation or in term time, 
and the clerk shall thereupon issue a summons to the said 
town, returnable, if issued in vacation, at the next term 
of the court to be held after the expiration of fourteen 
days from the filing of the petition ; and if in term time, 
returnable on such day as the court shall order, to appear 
and answer to the petition. The summons shall be served 
fourteen days at least before the term or day at which it 
is returnable, by leaving a copy thereof and of the peti- 
tion, certified by the officer who serves the same, with the 
clerk of said town; and the court may, upon default or 
hearing of said town, appoint three disinterested persons 
who shall, after reasonable notice to the parties, assess 
the damages, if any, which such petitioner may have sus- 
tained as aforesaid ; and the award of the persons so 
appointed, or a major part of them, being returned into 
and accepted by the court, shall be final, and judgment 
shall be rendered and execution issued thereon for the 
prevailing party with costs, unless one of the parties 
claims a trial by jury as hereinafter provided. 

Section 6. If either of the parties mentioned in the 
preceding section is dissatisfied with the amount of dam- 
age awarded, as therein expressed, such party may, at the 
term at which such award was accepted or the next term 
thereafter, claim, in writing, atrial in said court, and have 
a jury to hear and determine at the bar of said court all 
questions of fact relating to such damages, and to assess 
the amount thereof; and the verdict of the jury, being 
accepted and recorded by the court, shall be final and con- 



1884. — Chapter 257. 237 

elusive, and judgment shall be rendered and execution 
issued thereon, and costs shall be recovered by the parties 
respectively, in the same manner as is provided by law in 
regard to proceedings relating to the laying out of high- 
ways. 

Section 7. No application shall be made to the court Damages not to 
for the assessment of damages for the taking of any water untu water is' 
rights, or for any injury thereto, until the water is actually '^''^^"''^• 
withdrawn or diverted by said town under the authority 
of this act. 

Section 8. In every case of a petition to the superior Tender for dam 
court for an assessment of damages, as provided in this 
act, the town may tender to the complainant or his attor- 
ney any sum, or may bring the same into court to be paid 
to the complainant for the damages by him sustained or 
claimed in his petition, or may in writing offer to be de- 
faulted, and that damages may be awarded against it for 
the sura therein expressed, and if the complainant does 
not accept the sum with his costs up to that time, but pro- 
ceeds in his suit, he shall be entitled to his costs up to the 
time of the tender of such payment into court, or offer of 
award, and not afterwards, unless the complainant re- 
covers greater damages than were so offered. 

Section 9. The town of Waltham shall not proceed J°orernor 
nor take anvthino; under this act by purchase or other- take anything 

J C? J r ^ under this act 

wise, until atter the expiration oi one year irom its pas- until after one 
sage, nor shall this act authorize said town to take any ^^^^' 
lands, rights of way or easements, which at the expiration 
of said year may then have been taken by purchase or 
otherwise, by the city of Cambridge, under any authority 
now or hereafter granted to said Cambridge, to take the 
waters of Stony Brook and its tributaries, nor to interfere 
with any aqueduct, reservoir, storage basin, dam or other 
work which may hereafter be constructed or in process of 
construction by said Cambridge, under such grant : pro- 
vided, however^ that Cambridge shall, if Waltham so Provisos, 
elects, supply to Waltham from any such reservoir or 
storage basin or, by agreement from any pipe, the said 
water from Stony Brook, or such part thereof as Waltham 
may desire, the same to be taken at the reservoir or pipe, 
and Waltham shall have the right to lay and maintain a 
pipe to such reservoir or pipe ; and provided, that Cam- 
bridge shall not draw any water from said reservoir or 
storage basin for its own use or for the use of any other 



238 



1884. — Chapteb 257. 



Payments for 



between Cam- 
bridge and 
Waltham. 



If Cambridge 
and Waltham 
fail to agree, 
commissioners 
to be appointed 
to fix the 
amount to be 
paid. 



Water commis. 
sioners to direct 
the performance 
of the work. 



city or town except when the water is running to waste 
over the dam, without the consent of Waltham and Wes- 
ton, and said dam shall be built and maintained by the 
city of Cambridge at an elevation of twenty feet above 
the top of the present dam on Stony Brook at Roberts^ 
Mills. 

Section 10. If at the time Waltham under this act 
takes water from the Stony Brook or its tributaries, the 
city of Cambridge, under any of the acts of the year eigh- 
teen hundred and eighty-four, shall have taken the waters 
of Stony Brook and its tributaries, Waltham shall pay to 
Cambridge a fair proportion of the damages paid by the 
city of Cambridge, or for which said city may be liable 
by reason of any waters and water rights so taken by 
Cambridge, and if Waltham takes from any reservoir or 
pipes constructed by Cambridge, under the authority of 
the acts of the year eighteen hundred and eighty-four or 
any act in amendment thereof, it shall pay to Cambridge 
a fair proportion of the cost to Cambridge, excluding in- 
terest, of the works connected with said reservoir or 
pipes. If Cambridge and "Waltham cannot agree as to 
the sums to be paid, either party may apply to the supe- 
rior court, in the county of Middlesex, and the court 
upon such notice to the other party as it may order, shall 
appoint three commissioners, who shall, after reasonable 
notice, fix the amount to be paid, and their award or the 
award of a major part of them being returned into and ac- 
cepted by the court shall be final, and judgment shall be 
rendered and execution issued thereon, and the court 
may award costs to either party as may seem to the court 
just and equitable, and execution shall issue therefor. 

Section 11. The water commissioners of said town, 
elected under the provisions of the three hundred and 
thirty-seventh chapter of the acts of the year eighteen 
hundred and seventy-two, shall execute, superintend and 
direct the performance of all the works, matters and 
things mentioned in this act, and exercise all the rights, 
powers and privileges hereby granted and not otherwise 
specifically provided for herein, subject to the vote of the 
town. The town of Waltham is authorized, if said town 
shall deem it expedient so to do, to supply the town of 
Weston with water from her present source of water sup- 
ply, or from Stony Brook from the waters therein reserved 
for the use of the towns of Waltham and Weston. 



1884. — Chapter 257. 239 

Section 12. Nothing in this act contained shall be so Town of 
construed as to prevent the town of Weston or any cor- be prevented 
poration created to supply said town with water, from luppiyoYwltcr. 
taking so much of the waters of Stony Brook and its 
tributaries as may be necessary to supply the town of 
Weston and its inhabitants with water to extinguish fires, 
generate steam, for public fountains and hydrants, and 
for domestic and other uses : provided, that if said town Proviso. 
or corporation shall take the same from any reservoir or 
reservoirs which may be constructed or maintained under 
the provisions of this act, or any act in amendment 
hereof, it shall from time to time pay to Waltham a fair 
proportion of the cost to Waltham, excluding interest, of 
constructing such reservoirs, but including therein the 
damages and costs paid by Waltham for land, water 
rights and easements purchased or taken therefor, or for 
the purposes of securing a sufficient supply of water, and 
preserving the purity thereof; and so long as it shall take 
water from any of such reservoirs it shall annually pay to 
Waltham a fair proportion of the expenses which that 
town shall reasonably incur in the maintenance of said 
reservoirs, and in securing and preserving the purity of 
the waters thereof. If Waltham and Weston, or such ifWaitham and 
corporation, cannot agree as to the sums to be paid, agree^commis- 
either party may apply to the superior court in the appointed.^* 
county of Middlesex, and the court upon such notice to 
the other party as it may order, shall appoint three com- 
missioners, who shall, after reasonable notice, fix the 
amount to be paid, and whose award or the award of a 
major part of whom, being returned into, and accepted 
by the court shall be final, and judgment shall be rendered 
and execution issued thereon, and the court may award 
costs to either party as may seem to the court just and 
reasonable, and execution shall issue therefor. 

Section 13. The said town of Waltham may, for the waitham water 
purpose of paying the necessary expenses and liabilities ^x°ceed$ioo°ooo. 
incurred under the provisions of this act, issue from time 
to time coupon bonds, signed by the treasurer and coun- 
tersigned hy the selectmen of said town, to be denominated 
" Waltham Water Bonds," to an amount not exceeding 
one hundred thousand dollars, payable at periods not 
exceeding thirty years from the date thereof, with interest 
payable semi-annually at a rate not exceeding six percent, 
per annum ; and said town may sell said bonds at public 



240 1884. — Chapter 258. 

or private sale or pledge the same for money borrowed 
for the purposes of this act, upon such terms and condi- 
tions as it may deem proper. 
f8?2!33n§li2 Section 14. The eighth, ninth, tenth, eleventh and 
to apply. twelfth sections of the three hundred and thirty -seventh 

chapter of the acts of the year eighteen hundred and 
seventy-two shall, except a^ herein otherwise provided, 
apply to this act. 
fe"p^ancebrthe ^ECTiON 15. This act shall take effect upon its passage, 
town within one but shall bccomc void unless accepted bv a maioritv of 
the legal voters of said town present and voting thereon 
at a legal meeting held for the purpose within one year 
from the passage hereof. Approved May 21, 1884. 

Cha2J.25S An act concerning comjutments to the state workhouse 

Be it enacted, etc., as follows: 
fo^^ewwk. Section 1. Persons committing the offences named in 
house. sections twenty-nine and forty-twoof chapter two hundred 

and seven of the Public Statutes may be sentenced to the 
state workhouse for not less than six months nor more 
than two years, as is now provided in case of tramps by 
Punishment for sectiou thirty-eight of Said chapter ; and all persons who 
escape. shall abscoud or escape from the state almshouse, or from 

the state workhouse, not being sentenced in mates thereof, 
and within one year thereafter be found within any city 
or town soliciting public charity, shall be punished by 
imprisonment in the state workhouse for a term not ex- 
ceeding one year. 
Complaints. SECTION 2. Complaints arising under this act may be 

made and prosecuted by any overseer of the poor, or by 
the directors of public institutions in the city of Boston, 
or by such agents not exceeding two in number as may 
be appointed by the state board of health, lunacy and 
Police court of charity and specially designated for this purpose ; and the 
hoidlesTions for poHcc court of LowcU may hold sessions for the trial of 
trials. g^j^jj persons as are complained of, being inmates of the 

state almshouse, within the town of Tewksbury in the 
county of Middlesex, at such times as said court may 
appoint. 
j^ri'sXtionwith Section 3. The police court of Lowell shall have juris- 
certein other dictiou of the offcnccs described in this act, concurrently 

courts. 

with any other court having jurisdiction thereof, when 
committed in any part of the county of Middlesex without 
the district of said court, and the police court of Lawrence 



1884. — CHArTEKS 259, 2G0. 241 

and the first district court of Essex respectively shall have 
the same concurrent jurisdiction of said offences when 
committed in any part of the county of Essex without the 
respective districts of said courts. 

Section 4. This act shall take effect on the first day 
of July next. Approved May 22, 1884. 

An Act to authorize the revere water company to increase C'/irt W.259 

ITS capital stock, and to supply the town of WINTUROP 

with water. 
Be it enacted, etc., as follows: 

Section 1. In case the Revere AVater Company, a May increase 
corporation established under chapter one hundred and u contracts to 
forty-two of the acts of the year eighteen hundred and uXp wuh" 
eighty-two, shall contract with the town of Winthrop to ^^'"^*"^- 
supply said town with water for the extinguishment of 
fires, and for other purposes as authorized by said act, 
said corporation may increase its capital stock so that the 
same shall not exceed in all one hundred and twenty-five 
thousand dollars; and may, under the direction of the May enter upon 
selectmen or road commissioners of said town, enter upon roads!^"^ 
and dig up any road or way for the purpose of laying or 
repairing its aqueducts, pipes or other works in said 
town, and may distribute water through said town, and 
establish and collect rates therefor in like manner as by 
said act it is authorized to do in the town of Revere. 

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

Approved May 22, 1884. 

An Act for the further relief of bail upon the death of QJfff^y 260 
the principal. 

Be it enacted, etc., as follows: 

Section twelve of chapter one hundred and sixty-three Relief of ban 
of the Public Statutes is hereby amended to read as fol- prh'dpti! 
lows : — Section 12. The bail may surrender the principal 
in the court when the scire facias is pending at any time 
before final judgment therein against them, and on paying 
the costs of the scire facias up to that time they shall be 
discharged. And in case of the death of the principal 
before final judgment on the scire facias, the bail shall 
also be discharged by furnishing to the court satisfactory 
proof of such death, and by paying all costs on the .scire 
facias to that time. Approved May 22, 1884. 



242 1884. — Chapters 2G1, 262. 

Chan.1Q>\ ^^ ^^"^ "^^ authorize an increase of the capital stock of 

THE LAMSON CASH RAILWAY COMPANY, 

Be it enacted^ etc., as follows: 
May increase SECTION 1. The Lamsoii Cish Railway Company is 

capita 8toc . ijgj.g^y authorized to increase its capital stock from time 
to time by vote of its directors to an amount which to- 
gether with the capital heretofore authorized shall not ex- 
shares not to be cccd iu the aggregate two million dollars: provided, that 
iiTairparvIuie. "o sharcs lu the capital stock hereby authorized shall be 
issued for a less sum to be actually paid in on each share 
than the par value thereof, which shall not be less than 
Certificate to be ouc huudrcd dollai's; and also 2^rovided, that a certificate 
fiw within ten grating the amouut of any such increase shall within ten 
days thereafter be made, signed and sworn to by its presi- 
dent, treasurer and a majority of its directors, and be filed 
in the office of the secretary of the Commonwealth. 

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

Approved May 22, 1884. 



Chap.262 



An Act to incorporate the uousatonic water company. 
Be it enacted, etc., as follows: 
Housatonic Section 1. Thcodorc Giddiuijs, Orrcn C. Houghtaliug, 

WaterUompany i r^ t. . t i • • ^ 

iiicorporateti. iimothy Z. I'otter and their associates and successors are 
hereby made a corporation by the name of the Housatonic 
Water Company, for the purpose of furnishing the inhabi- 
tants of the village of Housatonic in the town of Great 
Barrington 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. 
May take water SECTION 2. The Said corporation for the purposes 
Long Lake. aforcsald may take by purchase or otherwise and hold all 
the water of Long Pond or Long Lake, so called, in the 
town of Great Harrington, 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 said village of Housatonic and its vicinage 
by a course or route commencing at or near the outlet of 
said Long Pond or Long Lake and following the stream 
therefrom or near thereto and passing thence to or near 



1884. — Chapter 2G2. 213 

to the village of Van Deusenville, and thence to the village 
of Housatonic ; and may erect on the land thus taken or May erect dans 
held proper dams, buildings, fixtures and other structures, 
and may make excavations, provide such means and appli- 
ances as may be necessary for the establishment and 
maintenance 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 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 re- May dig up i.imi 
pairing such conduits, pipes, and other works and for all "f the select me". 
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 of 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 To have re- 
days after the taking of any lands, rights of way, water ^egisuy "f ^ 
rights, water sources or easements as aforesaid, other fjon^'onhe'^land" 
than by purchase, file and cause to be recorded in the *=''^'""- 
registry of deeds for the southern district of Berkshire 
county within which such lands or other property is situ- 
ated, a description thereof sufficiently accurate for identi- 
fication, with a statement of the purpose for which the 
same were taken, signed by the president of the corpo- 
ration. 

Section 4. The said corporation shall pay all damages Liabiniy for 
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 highwajs, on an application at any time 
within the ]ieriod 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- Damages not to 
cation for the assessment of damages shall be made for unurwau-l is"^ 
the taking of any water, water right, or for any injury j^a^"^"^'^^" 



244 1884. — Chapter 262. 

thereto until the water is actually withdrawn or diverted 
by said corporation under the authority of this act. 
May establish SECTION 5. The Said Corporation may distribute the 

and collect •■••ii t • t • 

water rates. watcr through Said village of Housatonic and its vicinage 
and villages and other hamlets and places along its route 
or course from said Long Pond or Long Lake ; may reg- 
ulate the use of said water and establish and collect rates 

Maj- contract to to bc paid for the use of the same ; and may make such 

suppjwater. contracts with the town of Great Barrington or with any 
fire district that is or may hereafter be established there- 
in, 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, individ- 
ual or corporation, and said corporation. 

Real estate and SECTION 6. The Said corporatiou may, for the pur- 

capital slock. /> . . i . i i i i i • 

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 twenty thou- 
sand dollars to be divided into shares of one hundred 
dollars each. 
Penalty for di- SECTION 7. Whocver wilfully or wantonly corrupts, 
lupiingwa'teri] pollutcs or divcrts 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 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 hun- 
dred dollars or by imprisonment not exceeding one year. 
^ras'ecure^by^* SECTION 8. Thc said corpoiatioH may issue bonds and 
mortgage. sccurc 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 Great SECTION 9. The Said towu of Great Barrington and 

Barrington may ,.. . ^ , itlj 

purchase fran- any fare district that IS, or may hereafter be, established 
c use an prop- ^^jjgj.gjjj q\^^\\ have the right, at any time during the con- 
tinuance of the charter hereby granted, to purchase the 
franchise, corporate property and all the rights and privi- 
leges of said corporation at a price which may be mutually 
agreed upon between said town or such fire district and 
said corporation ; and the said corporatiou is authorized 
to make sale of the same to said town or to such fire dis- 



188^. — Chapter 263. 245 

trict. In case said corporation and said town or such fire if parties faiito 

district are unable to agree, then the compensation to be uon mayV"*" 

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 bo binding upon all parties. 

This authority to purchase said franchise and property is subject to as- 

J r _ r L J sent of the town 

granted on condition that the same is assented to by said town by a twothirda 

~ vote 

or such fire district, by a two thirds vote of the voters of 
said town or such fire district, present and voting there- 
on at a meeting called for that purpose. 

Section 10. The county commissioners for the county security for 

. -^ . "^ payment of dam- 

within which any land, water or water rights taken under ages may be re- 
ihis act is situated, shall, upon application of the owner nished. 
thereof, require said corporation to give satisfactory se- 
curity 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 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 land or other 
property, except for making surveys, shall be suspended 
until it gives the security so required. 

Section 11. This act shall take effect upon its pas- to be organized 

1 11 1 • 1 • 1 • 1 11 'Within three 

sage, but shall become void unless the said corporation shall years. 
be organized within three years from the passage of this 
act. Approved May 22, 1884. 

An Act to provide for public parks in the city of w^or- (7/i«».263 

CESTER. 

Be it enacted, etc., as folloios: 

Section 1. The city of Worcester by its city council i^iay take land 

. . . . •' „ ^ •' /> .1 . for public parks, 

may at any time within one year alter the passage or this 
act take and hold by purchase or otherwise for the pur- 
pose of public parks all or any part of the land in said 
city which is bounded northerly by Highland street, east- 
erly by Park avenue and southerly and westerly by 
Pleasant street, and also all or any part of the land in said 
cit}^ bounded southerly by land of the trustees of the Wor- 
cester lunatic hospital, easterly by Lake Quinsigamond, 



246 



1884. — Chapter 264. 



To file in regis- 
try of deeds a 
description of 
land taken. 



City of Worces- 
ter to pay dam- 
ages. 



northerly by Lincoln street and westerly by Lake avenue, 
as located by decree of the said city council dated September 
twenty-second, eighteen hundred and seventy-three, and 
with the right to appropriate a portion of the land first 
described to be used as a reservoir. 

Section 2. Said city, within sixty days after Bald 
city council votes to take any land under said act, shall 
file in the registry of deeds situate in the city of Worces- 
ter a description of the land taken sufficiently accurate for 
identification, which description shall be signed by the 
mayor of said city, and the title of the land taken shall 
vest in the said city from the time of filing such description. 

Section 3. The city of Worcester shall pay all dam- 
ages sustained by any person or corporation by the taking 
of any land under this act, and if the owner of any land 
taken shall not agree with said city upon the damages to 
be paid therefor, such damages shall be assessed and 
determined in the manner provided where land is taken 
for the laying out of highways. 

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

Approved May 23, 1884. 



Chav.2G4: ^^ ^^^ ^^ protect 



THE FISHERIES OF THE TOWNS OF MASHPEE 
AND BARNSTABLE. 



Fisheries regu- 
lated in 
Mashpee. 



Seining not al- 
lowed. 



Be it enacted, etc., as follows: 

Section 1. No person not an inhabitant of the town 
of Mashpee shall fish for or take from the waters within 
said town, except Hamblin's Pond and its outlet, and ex- 
cepting the trout fishery in Popponessett Bay, south of a 
line drawn from Goosei)erry Island to Mashpee Neck, any 
fish, shell-fish or eels, without a written permit or lease 
from the selectmen of said town, stating the time, place, 
manner and number in which the same may be taken ; 
nor shall any inhabitant of said town at any one time take 
more than three bushels of shell-fish for bait, or take any 
fish, shell-fish or eels for the purpose of selling the same, 
without a written permit from said selectmen, who may 
grant the same for such sum, to be paid to the use of 
said town, as they shall deem proper: provided, however, 
that no seining shall be allowed in any of the waters of 
said town ; but the inhabitants of said town may take such 
fish, shell-fish and eels for family use without such per- 
mit, except from such fisheries as are lawfully leased 
by said town to others. 



1884. — Chapter 2G5. 247 

Section 2. Whoever fishes for, takes or destroys any Penalties. 
fish, shell-fish or eels in the waters of said town of Mash- 
pee in violation of the provisions of this act, or otheiwise 
than is specified in his permit, and whoever wilfully 
places any obstruction to, or otherwise interferes with, the 
fioe passage of fish or eels in said waters, shall for each 
otfence be subject to a fine of not less than fifty nor more 
than one hundred dollais and costs of prosecution, and if 
he have a permit shall forfeit the same ; and all fines 
under this act shall be paid, one-half to the town of Mash- 
])ee and one-half to the complainant. Said fine and 
forfeiture imposed under this act, may be recovered by 
complaint before any trial justice, or by indictment befoie 
any court of competent jurisdiction in Barnstable County. 

Section 3. Any constable or fishwarden of said town cnnotabieor 
may, without a warrant, arrest any person whom he finds arreJt'without"a 
in the act of fishing for, taking or destroying fish, shell- warrant. 
fish or eels, in violation of this act, or in the act of carry- 
ing away fish, shell-fish or eels so taken, and detain hini 
in some place of snfe keeping until a warrant can be pro- 
cured against such person upon a complaint for said 
offences, or either of them '.provided, that such detention 
shall not exceed twenty-four hours. 

Section 4. Section one of chapter thirty-five of the Piehenes reitu- 
acts of the year eighteen hundred and fifty-two is hereby and'^oUitr'"^''"'^^ 
amended so as to read as follows : — No person shall set, stable! *" ^^"^^ 
draw or stretch any seine or drag-net in Barnstable Har- 
bor, Osterville Harbor, Popponessett Bay, or any of the 
creeks, ponds or streams within the limits of the town of 
Barnstable, under a penalty of not less than fifty nor 
more than one hundred dollars, to be recovered in any 
court proper to try the same, one-half to the use of said 
town and the other half to any person who shall prosecute 
therefor. 

Section 5. All acts and parts of acts inconsistent Repeal, 
herewith are hereby re[)ealed. AjJproved May 24, 1884. 

An Act in kelation to commitments to imprisonment upon two rthp^t 2fi^ 

OK MORE SENTENCES. -^ 

Be it enacted, etc , as follows : 

Section 1. A person upon whom two or more sen- commitments 
tences to imprisonment have been imposed may be fully 3re filntences. 
committed upon all such sentences at one and the same 



248 1884. — Chapters 266, 267. 

time, and such sentences shall be served in the order 
named in the mittimuses upon which such person is com- 
mitted. 

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

Apjyroved May 24, 1884. 

Chcfp.2GG An Act to authorize the holding op sessions of the dis- 
trict COURT OF northern BERKSHIRE AT ADAMS. 

Be it enacted, etc., a.sfolloios: 
Sessions^ at SECTION 1. Scssious of the district court of northern 

Adams for civil tji.. jiiiiii »t i/^ ti-t 

business. Berkshire shall be holden at Adams on the nrst and third 

Wednesdays of each month for the transaction of civil 
business. 
Adamrfofcrim- SECTION 2. Scssious of Said court shall be holden daily 
inai business, at Adams at such time as the justice of said court shall 
direct, by one of the special justices of said court, for the 
transaction of criminal business. The special justice 
holding said court shall keep a record of the proceedings 
had before him which he shall transmit to the clerk to be 
entered by said clerk upon the dockets and record books 
of said court. The special justice holding said sessions 
may issue under his own hand and seal all mittimuses or 
other warrants which may be necessary or proper in exe- 
cution of the judgments rendered or sentences imposed by 
said justice. The special justice holding said sessions shall 
account with and pay over to the clerk of said court all 
fines, costs and fees received by said special justice, 
comppnsation SECTION 3. The Special justice holding the sessions 
justice. provided for in section second shall be paid at the rate of 

five hundred dollars annually from the treasury of the 
comity of Berkshire, and the same shall be divided be- 
tween said special justices in proportion to the number of 
sessions held by each, provided that in making such divis- 
ion the special justice living in North Adams shall be enli- 
tled to five cents a mile for travel out and home. 

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

Approved May 24, 1884. 

Ch(lV.2,G7 An Act to authorize the laying out of a way on land held 

IN TRUST BY THE TRUSTEES OF THE TAUNTON LUNATIC HOSPITAL. 

Be it enacted, etc., as foUoivs: 
street raaj' be SECTION 1. Authority is hereby givcii to layout and 
jand^ofiuniltTc* coustruct a strcct or highway through land held by the 
Tami'tonl" trustccs of thc Tauutou Lunatic Hospital in trust for the 



1884. — Chapters 268, 269. 249 

Commonwealth, and along the north-westerly side thereof 
from Mill River in said Taunton to Dnnforth Street; and 
for this purpose such portions of said land may be taken 
as shall be deemed necessary. 

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

Approved May 24, 1884. 



Chap.26S 



An Act k elating to the dismissal of actions in which the 
real estate of non-residents is attached. 

Be it enacted, etc., as follows: 

Section 1. Whenever the real estate of a non-resident Action dis- 

.,iT« ., T I /'ii ij. missed in case 

IS attached ni any suit now pending or hereafter brought ofattachmentof 
in any court in this Commonwealth, and no personal service no'll-resfden"/ 
is made upon the defendant, such suit shall be dismissed gei^vice maX"^^ 
unless notice thereof is given in such manner as the court upon defendant. 
may direct within one year from the entry of the suit, or, 
in suits now pending, within one year from the passage of 
this act. 

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

Approved May 24, 1884. 



Chap.269 



An Act for the protection of harbors and navigable 

WATERS. 

Be it enacted, etc., as follows: 

Section 1. Whoever wilfully and without lawful au- Protection of 
thority or license therefor, throws into or deposits in a naligabie" 
harbor or other navigable tide waters, stones, gravel, mud, ^"'^«^"- 
ballast, cinders, ashes, dirt or any other substance which 
may in any way tend to injure the navigation of such har- 
bor or other waters, or to shoal the depth thereof, shall be 
punished by a fine not exceeding twenty dollars for each 
offence. 

Section 2. Whenever it appears to the board of har- Removal of sand 
bor and land commissioners, upon complaint made to said be*|,fSi't^''^ 
board or otherwise, that the digging or removal of stones, {'a^i^'^commu.*^ 
gravel, sand or other material, upon or from any beach, ^ioners. 
shore, bluff, headland, island or bar, in or bordering on 
tide waters, or the destruction of any trees, shrubs, grass 
or other vegetation growing thereon, is, or is likely to prove, 
injurious to any harbor or other navigable tide waters, said 
board may, by notice in writing to any person or per- 
sons, prohibit such digging or removal, or the doing of 
any acts injurious to such trees or other vegetation, upon 
or from any such beach or other place aforesaid specified 



250 



1884. — Chapters 270, 271. 



Corporators. 



Name and pur- 
pose. 



Penalty. in sucli Hotice. Whoever, after receivino: such notice, 

wilfully does any act or thing prohibited therein, and 
which is authorized to be so prohibited by this section, or, 
being the owner or having the control of any land speci- 
fied in such notice, wilfully suffers or permits such act or 
thing to be done thereon, shall be punished by a fine not 
exceeding twenty dollars for each offence. 

Apjjroved May 24, 1884. 

O/iap.210 An Act to incorporate tue brockton real estate and im- 
provement COMPANY. 

Be it enacted, etc., as follows : 

Section 1. Ira Copeland, Joseph C. Snow and Gush- 
ing C. Harlow, their associates and successors, are hereby 
made a corporation for the term of twenty years from the 
date of the passage of this act, by the name of the Brock- 
ton Real Estate and Improvement Company, to be located 
in the city of Brockton, for the puipose of buying, im- 
proving and selling certain real estate in said city, lying 
between Centre Street on the north and Curtis Street on the 
south, and being the same shown on a plan of Salisbury 
Heights, city of Brockton, filed with plans in Plymouth 
county registry of deeds, not exceeding fifty acres ; with 
all the powers, rights and privileges and subject to all the 
duties, limitations and restrictions of corporations, subject 
to chapters one hundred and five and one hundred and six 
of the Public Statutes, and to all general laws which now 
are or hereafter may be in force so far as they may be 
applicable. 

Section 2. The capital stock of said corporation shall 
be five thousand dollars, divided into shares of one hun- 
dred dollars each ; and may be increased from time to 
time to an amount not exceeding two hundred thousand 
dollars. 

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

Approved May 24, 1884. 



Powers and 
duties. 



Capital stocli 
and shares. 



Chap.271 



Framingham 
Water Com- 
pany incorpo- 
rated. 



An Act to incorporate the framingham water company. 

Be it enacted, etc., as follows: 

Section 1. Constantine C. Esty, Walter Adams, 
Luther F. Fuller, Joseph B. Johnson, William Claflin, 
Albert L. Coolidge, George H. Norman, Sidney A. Phil- 
lips and George C. Travis, their associates and successors, 



1884. — Chapter 271. 251 

are hereby made a corporation by the name of the Fram- 
iDgham Water Company for the pnrpose of furnishing the 
town of Framingham and its inhabitants with pnre water 
to extinguish fires, generate steam, 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 hereafter may 
be in force applicable to such corporations. 

Section 2. Said corporation shall have all the rights May take 
which belong to the town of Framingham and the inhabi- Poi'cf and sud" 
tants thereof, or which have been granted to, or have been Fra^lnyhaml 
reserved by and to, the said town and inhabitants, to take, 
use and hold of the waters of Farm Pond and Sudbury 
River in said Framingham, and the waters flowing into 
said Farm Pond and Sudbury River, so much as may be 
necessary for the purposes specified in section one of this 
act, and may convey into and through said town of Fram- 
ingham said waters ; and may also take and hold, by pur- May take land 
chase or otherwise, all necessary lands for raising, divert- ofhemlse?^ ""^ 
lug, flowing and holding said waters, and securing and 
preserving the purity of the same, and such other lands in 
said town of Framingham as may be necessary to construct 
and maintain one or more storing and distributing reser- 
voirs ; and may erect on said land proper dams, build- 
ings, fixtures and other structures, and make thereon 
excavations and embankments, and procure and run ma- 
chinery, with such other means and appliances as may be 
necessary for complete and effective water works; and ^^ay'ay flown 
for such purposes may construct and lay down conduits, pipes. 
pipes and drains in, under or over any lands, water 
courses, roads or railroads, and along any street, highway, 
alley or other way, in such manner as not unnecessarily to 
obstruct the same; and for the purpose of constructing, May dig up 
laying down, maintaining and repairing such conduits, 
pipes and drains, and for all other purposes of this act, 
may dig up, raise and embank any such lands, street, high- 
way, alley, or other way, in such manner as to cause the 
least hindrance to travel thereon ; and in general may do 
any other acts and things necessary, convenient or proper 
for carrying out the purposes of this act. 

Section 3. Said corporation shall, within sixty days Jo°^e''^^,[iJ,g 
after the taking of any land, water, water sources, water registry of deeda 

..^ , ° .*' , ,, .. £■ i\ ' i.a description of 

rights and easements, under the provisions ot this act, land, etc., uken. 
otherwise than by purchase, file and cause to be recorded 



streets and 
■ways. 



252 1884. — Chapter 271. 

in the registry of deeds of the county and district where 
the lands lie, a description of any land, water, water 
sources, water rights and easements so taken, sufficiently 
accurate for identification, with a statement of the purposes 
for which they are so taken, and the title of the land, water, 
water sources, water rights and easements so taken shall 
Damages may vest iu Said Corporation. Any person or corporation in- 
^^e^assesee ^^ j^jj,g(j j,j property by any acts of said corporation, and 
failing to agree with said corporation as to the amount of 
damages, may have the same assessed and determined in 
the manner provided when land is taken for the laying out 
of highways ; and no suit for injury done under this act 
shall be brought after three years from the date of the do- 
ing of the injury. 
^ciwatlrratel'. SECTION 4. Said Corporation may distribute the water 
through said town of Framingham or any part thereof, 
may establish and fix from time to time rates for the use 
of said water, and collect the same, and make such con- 
tracts with the said town of Framingham, or with individ- 
uals or corporations, to supply water for the extinguish- 
ment of fires or for other purposes, as may be agreed upon 
by said town, or individuals or corporations, and said cor- 
Townmaycon- poratiou. The towH of Framingham by a majority vote 
pa"nj<brawa"ter of the legal votcrs, prcscut and voting thereon at a town 
supply. meeting called for that purpose, is hereby authorized to 

contract for a supply of water for the extinguishment of 
fires or other purposes for a term of years with said Fram- 
ingham Water Company, 
and shLres?^ SECTION 5. The Capital stock of said corporation shall 

not exceed two hundred and fifty thousand dollars and 
shall be divided into shares of one hundred dollars each ; 
and said corporation may at any time issue bonds to be 
denominated on the face thereof "Framingham Water 
Company Bonds," to an amount equal to the capital stock 
actually paid in and expended for the purposes of this act. 
Tenh/^'o^^co^r" Section 6. If any person shall use any of said water 
rupting water, taken uudcF this act, without the consent of said corpora- 
tion, or shall wantonly or maliciously divert the water or 
any part thereof so taken, or corrupt the same, or render 
it impure, or destroy or injure any dam or aqueduct, pipe, 
conduit, hydrant, machinery, or other works or property 
held, owned or used by said corporation, under the au- 
thority of and for the purposes of this act, he shall forfeit 
and pay to said corporation three times the amount of 



1884. — Chapter 271. 253 

damages assessed therefor, to be recovered in an action of 
tort ; and on conviction of either of the wanton or mali- 
cious acts aforesaid shall be punished by a fine not ex- 
ceeding three hundred dollars, or by imprisonment in jail 
not exceeding one year. 

Section 7. The town of Framingham shall have the Townmaj pur- 

., . i-,i !• z-iiiii chase franchise 

right at any tmie durmg the contmuance or the charter here- and property. 
by granted, to purchase the corporate property and all the 
rights and privileges of said company, at a price which may 
be mutually agreed upon between said corporation and the 
said town of Framingham ; and the said corporation is au- 
thorized to make sale of the same to the said town. In case commissioners 

•1 i- -I • ^ ± uii iU to be appointed, 

said corporation and said town are unable to agree, then ifpattic»faiito 
the compensation to be paid shall be determined by three pnTe."^"" 
commissioners, to be appointed by the supreme judicial 
court upon application of either party and notice to the 
other, whose award, when accepted by the court, shall be 
binding upon both parties. And this authority to pur- 
chase said franchise and property is granted on condition 
that the same is assented to l3y said town by a two-thirds 
vote of the voters present and voting thereon, at a town 
meeting called for that purpose, before the appointment of 
said commissioners. 

Section 8. For the purpose of defraying the cost of (vat!^j"foX 
such property, lands, water and water rights as shall be 
purchased for the purposes aforesaid, the town of Fram- 
ingham through its treasurer may from time to time issue 
notes, bonds, scrip, or certificates of debt, to be denomi- 
nated on the face thereof " Framingham Water Loan," to 
any amount not exceeding the amount paid by the town 
for said jnirchase, and bearing interest at a rate not ex- 
ceeding six per centum per annum payable semi-annually, 
and the principal being payable at periods of not more 
than thii'ty years from the issue of said notes, bonds, scrip 
or certificates of debt, respectively. Said treasurer, under 
the authority of the town, may sell such notes, bonds, 
scrip or certificates of debt, or any part thereof, at not 
less than par, from time to time, or pledge the same for 
any money borrowed for the purposes aforesaid, on such 
terms and conditions as may be prescribed by the town ; 
and said town shall annually raise by taxation an amount Town to raise, 
sufficient, together with the net income received from raxa^t^otf'suffi. 
rates for the use of said water, to pay the interest on said lerest'on^roalrs' 
loans as it accrues ; and shall establish at the time of con- sinking fund. 



251 



1884:.— Chapteii 271. 



Rights to be ex- 
ercised in Buch 
tnanner as 
town may 
direct. 



Work to be 
commenced 
■witliin three 
years. 



Corporation to 
furnish Kccurlty 
for ilamagi-8 if 
required. 



Town to trans- 
fer to corpora- 
tion right« to 
talie water from 
Farm Pond and 
Sudbury River. 



tracting said debt a sinking fund, and contribnte thereto 
from year to year an amonnt raised by taxation not ex- 
ceeding ten thousand dollars in any one year, sufficient 
with its accumulations to extinguish the debt at maturity ; 
said sinking fund shall remain inviolate and pledged to the 
payment of said debt and shall be used for no other pur- 
pose. 

Section 9. In case the town of Framingham shall 
purchase the property, rights, privileges and franchises 
of the corporation established by this act, the said town 
shall exercise all the rights, powers and authority and be 
subject to all the restrictions, duties and liabilities herein 
contained, in such manner and by such otticers, servants 
or agents as said town may direct, and the said town shall 
be liable to damages for land taken for the purposes set 
forth in this act which shall not have been previously paid 
by said corporation. 

Section 10. This act shall be null and void unless 
within three years from its passage said corporation shall 
avail itself ot its provisions, and commence a prosecution 
of the work herein authorized. 

Section 11. Theownersof lands, water, water sources, 
water rights or easements, taken under this act by said 
corporation, upon application by either party for an es- 
timate of damages, may require said corporation to give 
security, satisfactory to the selectmen of said town, for 
the payment of all damages and costs which may be 
awarded to them for the land or other property taken. 
And if upon petition of the owner, with notice to the ad- 
verse party, the security appears to the selectmen of said 
town to have become insufficient, they shall require said 
coiporation to give further security to their satisfaction ; 
and all the right or authority of the corporation to enter 
upon or use said land and other property, except for 
making surveys, shall be suspended until it gives the 
security required. 

Section 12. The town of Framingham shall at a legal 
town meeting called for the purpose, authorize its select- 
men to transfer to the within named water compau}'^ all the 
rights which belong to said town to take, use and hold 
the waters of Farm Pond and Sudbury River, on such 
terms as said selectmen and said water company may 
agree upon, and upon such transfer said town shall have 
no right to take the waters of Farm Pond and Sudbury 



1884:. — Chapters 272, 273. 255 

River except as provided in this act in section seven, by 
wiiich the town of Framingham may purchase the corpo- 
rate property and all the rights and privileges of said 
company, 

Section 13. In case the town of Framingham shall when and upon 

. 11 T ^ 1 • I • ii • what conditions 

at a town meetnig called for that purpose, within thirty to take etioct. 
days from the day of the passage of this act, vote to con- 
struct the water works contemplated in chapter two hun- 
dred and six of the acts of the year eighteen hundred and 
eighty-one, and to raise and appropriate the money neces- 
sary therefor, this act shall be void ; otherwise this act 
shall take full force and effect at and upon the expiration 
of said thirty days. Approved May 24, 1884. 

An Act to tkevent the building and maintaining op barbed (JJian.272 

WIRE fences along OR UPON PUBLIC STREETS AND mCUWAYS. 

Be it enacted, etc., as follows: 

Section 1. No barbed wire fence shall be hereafter Forbidden 
built or maintained within six feet above the ground TboveMie 
along any sidewalk located on or upon any public street ^/^"e^waik!""^ * 
or highway. 

Section 2. Any person offending against the provis- i*e"'>i'y- 
ion of this act shall be punished by a tine not less than 
twenty dollars nor more than fifty dollars. 

Ji)prot?ed Matj 27, 1884. 
An Act to incorporate the somerville wharf and improve- (JJi(in.213 

MENT company. 

Be it enacted, etc., asfolloivs: 

Section 1. Franklin O. Reed, Josiah T. Reed, Sam- corporators. 
uel D. Sawin, George Wheatland, James W. Roberts, 
Peter S. Rol)erts, Solomon Parsons, Horatio G. Parker, 
their associates and successors, are made a corporation 
for the term of thirty years from the date of the passage 
of this act, by the name of the Somerville Wharf and Name and pur- 
Improvement Company, for the purpose of buying, im- 
proving and selling, all or any part of that tract of land 
and fiats situated in Somerville in this Commonwealth, 
bounded south-westerly by Mystic Avenue, north-west- 
erly by the Medford line, north-easterly by the Mystic 
River, and easterly by the Boston and Maine Railroad, 
containing about two hundred acres ; with all the powers, powers and 
rights and privileges, and subject to all the duties, '^^^^'"^- 



256 



1884.— Chapter 274. 



May construct 
wharves and fill 
aud grade lauds. 



Provisos. 



Capital stock 
and shares. 



limitations and restrictions of corporations subject to 
chapters one hundred and five and one hundred and 
six of the Public Statutes, and to all general laws 
which now are or hereafter may be in force so far as they 
may be applicable. 

Section 2. The said corporation shall have authority 
to construct docks and wharves upon, fill, grade and 
otherwise improve, such land and flats as it shall deem 
expedient : provided, that no canal shall be constructed 
thereon without the consent of the city of Somerviile ; 
and provided also, that all authority herein granted to 
build structures upon or fill up any of such land and flats 
over which the tide ebbs or flows is granted to said cor- 
poration subject to the provisions of chapter nineteen of 
the Public Statutes. 

Section 3. The capital stock of said corporation shall 
be six hundred thousand dollars, divided into shares of 
one hundred dollars each ; and may be increased from 
time to time to an amount not exceeding one million 
dollars. 

Section 4. This act shall take efi*ect upon its passage. 

Approved May 27, 1884. 



Chan.274: ^^ -^^^ ^^ relation to the cape cod snip CANAL 

Be it enacted, etc., as follows: 



company. 



May vary loca- 
tion of canal. 



Damages to be 
estimated by 
county commis- 
sioners. 



Party dissatis- 
fled may apply 
for a jury. 



Section 1. The Cape Cod Ship Canal Company, 
within six months from the passage of this act, may vary 
the location of its canal, by altering the route thereof at 
or near Monument Station, so called, and thence extend- 
ing the same to Buzzard's Bay through Back River, so 
called, and may make other changes in its location, as al- 
ready filed, subject to the provisions of this section. It 
shall pay all damages occasioned by laying out, making 
and maintaining its canal, or by taking land or materials 
therefor, and such damages on the application of either 
party shall be estimated by the county commissioners in 
the manner provided with reference to the laying out of 
railroads. Either party dissatisfied with the estimate of 
the county commissioners may, at any time within one 
year after it is completed and returned, apply by petition 
to the superior court for Barnstable County for a jury to 
assess the damages, and like proceedings shall be had 
thereon as in proceedings for damages for laying out of rail- 



1884. — Chapter 274. 257 

Toads. Upon application to the county commissioners by security for 
either party for an estimate of damages, they shall, if re- dam"ge8maybe 
quested by the owner, require the corporation to give se- fu?"4''he(i*° *** 
curity to their satisfaction for the payment of all damages 
and costs which may be awarded by them or by a jury 
for the land or other property taken ; and if upon petition 
of the owner, and notice to the adverse party, the security 
appears to them to have become insufficient, they shall 
require the corporation to give further security to their 
satisfaction ; and all its right or authority to enter upon 
or use the land or other property, except for making sur- 
veys, shall be suspended until it gives the security re- 
quired. Said canal company may file with the county May aie a w;th- 
commissioners of the county of Barnstable a written with- plrrof ?he "rig. 
■drawal of any part or parts of the original location, de- >nai location. 
scribing the same by metes and bounds, and so far as the 
land or other property covered by said written withdrawal 
is concerned, damages may be recovered to the extent 
that any person has been injured by the proceedings in 
the manner herein before provided. 

Section 2. Section seven of chapter two hundred and fogs^'^a'^g'^s"' ***' 
fifty-nine of the acts of the year eighteen hundred and 
eighty-three is hereby amended so as to read as follows : 
— Section 7. It shall be the duty of the Old Colony oidcoiony 
Railroad Company so to alter its location as to cross the us^'iSon.*''^'^ 
said canal at such point or points as said railroad company 
and said canal company may agree upon, or as a board of 
three commissioners, to be appointed by the governor, 
with the advice and consent of the council, after due 
notice and a public hearing, shall determine ; and no mem- 
ber of said board shall be a member of any of the present 
boards of commissioners of this Commonwealth ; and said 
board shall also determine the question whether said canal 
shall be crossed by a public highway, and if so at what 
point and in what manner ; and in determining said ques- 
tions said board shall consider the obstruction of traffic 
upon said canal and the general public convenience, and 
if such public highway is ordered, said company shall 
construct the same at the point and in the manner so de- 
termined. The board of railroad commissioners, after Railroad com- 
due notice to all parties interested and hearing of all who ™Jtermine%'on. 
shall appear, shall also determine and prescribe in writinjr ceming crossing 
the time when and the manner in which the Old Colony road. 
Railroad Company shall alter its location so as to cross 



258 



1884. — Chapter 274. 



Canal Company 
to build railroad 
upon new loca- 
tion, pay dam- 
ages, etc. 



To maintain 
bridges across 
canal for the 
passing of the 
railroad. 



Superintendent 
appointed by 
the railroad to 
have control of 
bridge and 
draw. 



said canal at such point or points ; and in making such 
alterations said railroad corporation 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 only against and paid by said 
canal company, as in case of land taken for railroad pur- 
poses. The Cape Cod Ship Canal Company shall there- 
upon proceed to build the railroad upon the new location 
and complete the same in such manner and at such time as 
may be prescribed by the railroad commissioners, and to 
their satisfaction, in case the parties do not agree upon the 
same ; and shall pay all damages caused by the construc- 
tion of said railroad upon such new location, and shall be 
liable for such damages as in the case of the construction 
of railroads. Until the completion of the new location, 
said canal company shall not enter upon the old location 
of said railroad, except for making surveys or by consent 
of the railroad commissioners. If by reason of the in- 
creased length of the line of said railroad there shall 
be any legal liability to damages on the part of said 
canal company, the same shall be ascertained and de- 
termined upon application of either party in the manner 
provided by law for estimating the damages occasioned 
by the laying out of railroads. The Cape Cod Ship Canal 
Company shall also build and maintain and keep in repair 
a bridge or bridges across said canal, suitable for the pass- 
ing of the railroad, which said bridges shall each have a 
suitable draw for the passage of vessels, and shall be con- 
structed and maintained under the supervision of the board 
of railroad commissioners, and one of which, if said 
special commission shall so prescribe, shall be suitable for 
the passage of the highway. Said railroad company shall 
appoint a steady and discreet superintendent, and all 
necessary assistants for each drawbridge, who shall be paid 
by said canal company a reasonable compensation, to be 
fixed by the railroad commissioners. Said superintendent 
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 



1884. — Chapter 274. 259 

board of railroad commissioners. And said superintend- 
ent and assistants shall be subject to removal by said 
board of railroad commissioners. 

Section 3. Section nine of chapter two hundred and \*"'^^"p°'?, 

/,, .1 111 1 abandoned loca- 

nfty-nine of the acts of the year eighteen hundred and tion to belong to 
eighty-three is hereby amended by adding at the end *^''"'' company. 
thereof the words : — And the land upon the abandoned 
location of the Old Colony Railroad Company shall there- 
upon become the property of said canal company so far 
as the same may be within the limits of the location of 
the canal. 

Section 4. Section thirteen of chapter two hundred Ferries at Mon. 
and fifty-nine of the acts of the year eighteen hundred and sandwich and 
eighty-three is amended so as to read as follows : — Section ^^'^*'*" ^'*^ • 
13. The said canal company shall provide and maintain 
at Monument, North Sandwich and at West Sandwich, at 
such points as may be designated by the county commis- 
sioners, suitable ferries across their canal for passengers 
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 ferries, to be recovered upon 
complaint or indictment in the county of Barnstable to the 
use of said county. 

Section 5. The said canal company shall also con- Highways to be 
struct such highways to connect with the bridge and ferries °^"«'''"'''^^- 
provided for in section thirteen of chapter two hundred 
and fifty-nine of the acts of the year eighteen hundred 
and eighty-three as amended by section four of this act, 
and such other highways as may be necessary to replace 
the highways destroyed by the construction of said canal 
in such manner and at such times as the county commis- 
sioners for the county of Barnstable shall prescribe, upon 
each side of said ferries. After the completion of such 
highways and their acceptance by the said county com- 
missioners the said canal company shall not be responsible 
in any manner for the further maintenance of the same. 

Section 6. Said corporation shall not be required to Not to pay taxes 
pay any state or local taxes for five years from the passage f<"^ ^'^ y^^"- 
of this act. 

Section 7. Section two of chapter two hundred and f°ene**d''u„ti, 
fifty-nine of the acts of the year eighteen hundred and harbor and land 
eighty-three is amended by adding at the end thereof the certify^that"hlw8 
following words : — Said canal shall not be opened for pub- puld wuh.'"'"' 



260 



1884. — Chapter 274. 



Locks in the 
canal. 



•Canal company 
to pay for ser- 
"cices and ex- 
penses of engi- 
iieere. 

Disposition of 
materials exca- 
vated. 



Charter, loca- 
tion, etc., rati- 
fied and 
aflSrmed. 



Stock not to be 
issued until five 
miles com- 
pleted. 



Provisions of 
P. S. 112, §61, 
to apply. 



Not to prevent 
any change of 
plan imposed by 
the Vnited 
States. 



lie use until the board of harbor and land commissioners 
after an examination shall certify that all laws relating to 
its construction have been complied with, and that it 
appears to be in a safe condition for operation. But 
nothing herein contained shall be so construed as to 
require the building of locks in said canal unless a board 
of three competent engineers, appointed by the governor, 
with the advice and consent of the council, shall decide 
that they are necessary for the protection of the bridge or 
bridges. The compensation of said engineers shall be 
fixed by the governor and council, and paid by the treas- 
urer of the Commonwealth. Said canal company shall 
pay to the treasurer of the Commonwealth such sum of 
money as shall be necessary, to pay for the services and 
expenses of said board of engineers. The materials exca- 
vated from the tide waters in Buzzard's Bay and Barnstable 
Bay shall be so disposed of, under the direction of the 
harbor and land commissioners, as not to interfere with the 
fishing interests, and the material excavated shall be de- 
posited within the limits of the location of the canal as far 
as practicable. 

Section 8. The charter, corporate existence, organi- 
zation and location of said canal company are hereby 
recognized, ratified and affirmed. But except that the 
canal company shall so change the existing contract for 
the building of the canal as to make the same apply to any 
lawful change in the location thereof, the said existing 
contract shall not be annulled nor altered, either as to the 
price to be paid for said building or in any other particu- 
lar, except with the approval of the board of harbor and 
land commissioners ; and no stock shall be issued to the 
contractor or any other person under said contract until 
five miles of said canal shall have been completed pursu- 
ant to its terms. 

Section 9. The provisions of section sixty-one of 
chapter one hundred and twelve of the Public Statutes 
shall apply to said Cape Cod Ship Canal Company. 

Section 10. Nothing herein, or in chapter two hun- 
dred and fifty-nine of the acts of the year eighteen hundred 
and eighty-three, shall be construed to prevent or forbid 
any change or modification of the plan or details of the 
construction of said canal or the works connected there- 
with which may be required or imposed by the United 



1884. — Chapter 275. 261 

States, or the authorities thereof, upon aiding the con- 
struction of said canal or works. 

Section 11. To defray the expenses and recompense compensiition 
the services of the county commissioners under the char- miss'ionMs'!''"'" 
ter of said canal company and this act, it shall be the duty 
of said canal company to pay each of said commissioners 
the sum of six dollars per day for the time actually con- 
sumed in discharging their duties ; provided, however, 
that said canal company shall not be required to pay 
either of said commissioners for more than tifty days' ser- 
vice in any year. 

Section 12. The commissioners to be appointed by compengation 
the governor, with the advice and consent of the council, efs*'a^ointed"by 
as provided in section seven of chapter two hundred and governor. 
fifty-nine of the acts of the year eighteen hundred and 
eighty-three as amended by section two of this act, shall 
be paid in the manner provided for the payment of the 
board of engineers appointed under section two of said 
chapter two hundred and fifty-nine as amended by section 
seven of this act. 

Section 13. Section fourteen of chapter two hundred Repeal, 
and fifty-nine of the acts of the year eighteen hundred and 
eighty-three is hereby repealed. 

Section 14. This act shall be void unless accepted by To be accepted 
the Cape Cod Ship Canal Company within six months months!'^ 
from its passage, which acceptance shall be certified to 
the secretary of the Commonwealth. 

Approved May 27, 1884. 

An Act relating to the employment of minors in mercan- CJiai).275 

TILE establishments. 

Be it enacted, etc., as follows: 

Section 1. No minor under eighteen years of age Not to be em- 
shall be employed in laboring in any mercantile establish- fharstxTyhou™ 
ment more than sixty hours in any one week. '" °"® ^'^^'^• 

Section 2. Whoever, either for himself, or as super- penalty. 
intendent, overseer or other agent for another, employs 
or has in his employment any person in violation of the 
provisions of the preceding section, or who fails to post 
the notice required in section third, and any parent or 
guardian who permits any minor to be so employed shall 
be punished by a fine of not less than fifty nor more than 
one hundred dollars for each ofience. Said penalty shall Penalty to ex- 
extend to corporations. A certificate of age of a minor, lions. 



262 1884. — Chapters 276, 277. 

made and sworn to by him and by his parent or guardian 
at the time of his employment in a mercantile establish- 
ment, shall he prima facie evidence of his age in any trial 
for a violation of the preceding section. 
Printed notice of SECTION 3. Evcrv employer shall post in one or more 

iiours Oi I&Dor •/ i •/ x 

required to be conspicuous placcs whcrc such persons are employed a 

posted up. printed notice stating the number of hours' work required 

of them, not exceeding ten hours in any one day, on each 

day of the week ; and the employment of any such person 

for a longer time in any day than that so stated shall be 

deemed a violation of this act, unless it appears that such 

employment is to make up for time lost on some previous 

day of the same week. 

Provisions of SECTION 4. Scctiou four of chapter scveuty-four of the 

to apply to in°er* PubHc Statutes as amended by chapter one hundred and 

Hshmlnte!^''" fifty-seven of the acts of the year eighteen hundred and 

eighty-three shall not apply to mercantile establishments. 

Approved May 27, 1884. 



Chap.276 



An Act to provide for the filling of vacancies in the 

SCHOOL committee OF THE CITY OF SALEM. 

Be it enacted, etc., as follows: 

Vacancies in SECTION 1. The provisious of sections twenty-two, 

miS.""'^' twenty-three and twenty-four of chapter forty-four of the 
Public Statutes shall apply to vacancies occurring in the 
school committee of the city of Salem. 
Repeal. SECTION. 2. So much of chapter one hundred and 

twenty-nine of the acts of the year one thousand eight 
hundred and fifty-eight as provides for the filling of vacan- 
cies in the school committee in the city of Salem is re- 
pealed. 
^ Section 3. This act shall take effect upon its passage. 

Approved May 27, 1884. 

ChaXt 277 ^^ ^^^ '^^ prevent the sale or exchange of PROPERTY UNDER 
THE INDUCEMENT THAT A GIFT OR PRIZE IS TO BE PART OF THE 
TRANSACTION. 

Be it enacted, etc., as folloios : 

Gift enterprises SECTION 1. No pcrsoH shall scIl, cxchaugc or disposc 
of any property, or offer or attempt to do so upon any 
representation, advertisement, notice or inducement that 
anything other than what is specifically stated to be the 
subject of the sale or exchange, is, or is to be delivered 



forbidden. 



1884. — Chapters 278, 279, 280. 263 

or received, or in any way connected with, or a part of 
the transaction. 

Section 2. Whoever violates any provision of the Penalty. 
preceding section shall for each offence be punished by 
fine not less than ten nor more than live hundred dollars. 

Approved May 27, 1884. 

An Act in relation to names of public ways in the city of (JJia7).27S 

BOSTON. 

Be it enacted, etc., as foUoics : 

Section 1. The first section of chapter sixty-seven of ^*™«?^'>^P^j^Ji<= 
the acts of the year eighteen hundred and eighty relating 
to names of public ways in the city of Boston is hereby 
amended by inserting alter the word " may " in the seventh 
line the words " in the discretion of the board of street 
commissioners of said city." 

Section 2. The second section of said chapter sixty- Hearing to be 
seven is hereby amended by adding after the word 
" board" in the third line thereof the words "after a 
hearing upon a public notice stating the name proposed to 
be given." 

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

Approved May 27, 1884. 



Chap.279 



An Act to permit the construction of branch railroads 
within eight miles from the state house. 

£e it enacted, etc., asfoUcncs: 

Section 1. Section one hundred and thirty-nine of construction of 

,. 1 IT 1 J ^ /•ii-i-iii-'-i . branch railroads 

chapter one hundred and twelve oi the ir^ublic Statutes is wuhin eight 
hereby amended by striking out in the ninth and tenth h^o'uTe/n ™ pro-* 
lines thereof the words "shall authorize the construction ^''"*®'^- 
of a branch railroad within eight miles from the state 
house or." 

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

Approved May 27, 1884. 



Chap.2S0 



An Act to extend the provisions of chapter fifty-one of 
the public statutes, relating to the assessment of bet- 
terments. 

Be it enacted, etc., as follows: 

Section 1. The provisions of chapter fifty-one of the Betterments. 
Public Statutes shall apply to any alteration of a highway. Railroad cross- 
town way, bridge or its approaches made in pursuance of '°^*' 



264 



1884. — Chapters 281, 282. 



May supply 
Nabant with 
water. 



sections one hundred and twenty-nine to one hundred and 
thirty-four inclusive of chapter one hundred and twelve of 
the Public Statutes and any acts in addition thereto. 
Section 2. This act shall take effect upon its passage. 

Approved May 27, 1884. 

Chap.^S^ ^^ ^^"^ AUTHORIZING THE CITY OF LYNN TO SUPPLY THE TOWN OP 

NAHANT WITH WATER 

Be it enacted, etc. , as foUoivs : 

Section 1. The city of Lynn is hereby authorized to 
furnish from its water supply to the town of Nahant or 
the inhabitants of said town, a supply of water for the ex- 
tinguishment of fires, for domestic and other purposes, 
and may contract with said town of Nahant for such sup- 
ply of water, for a term of years, on such terms as may 
be agreed upon between the authorities of the two muni- 
cipalities : provided, however, that the rate charged for all 
purposes to said town of Nahant shaU not be more favora- 
ble than to the residents of the city of Lynn ; and pro- 
vided, that no water which is needed for the use of the 
residents of the city of Lynn shall be so furnished. 

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

Approved May 27, 1884. 



Provisos. 



Chap. 



282 -^^ ■^^'^ ^^^ "^^^ PROTECTION OF GAME IN THE PONDS KNOWN AS 
COCKEAST OR DAVOL'S POND, AND RICHMOND'S POND, SITUATED 
BETWEEN THE WESTPORT RIVER AND THE RHODE ISLAND BOUND- 
ARY LINE. 



Wild fowl pro- 
tected at Cock- 
east, Davol's 
and Richmond's 
Ponds, under 
penalty. 



Penalty for 
using boats for 
driving fowl. 



Town of West- 
port to appoint 
a constable to 
enforce the law. 



Be it enacted, etc., as follows: 

Section 1. Any person shooting any wild duck or 
fowl of any description whatsoever, such person being at 
the time of such shooting, afloat upon the waters of the 
ponds known as " Cockeast" or " Davol's " and " Rich- 
mond's" or either of them, in any boat, raft or float what- 
soever, shall be fined twenty-five dollars for each offence. 

Section 2. Any person using a boat, raft or float of 
any description whatsoever, upon either of the said ponds, 
for the purpose of driving or causing any wild duck or 
fowl of any description whatsoever to approach within 
shooting distance of any person upon land, shall be fined 
twenty-five dollars for each oflence. 

Section 3. The town of Westport at its annual town: 
meeting shall appoint a special constable, whose duties 



1884. — Chapters 283, 284. 265- 

shall be to see that this act is not violated. Such con- 
stable shall be without charge to any town, and shall re- 
ceive for his compensation one half of every fine which 
shall be paid by any party convicted under this act, upon 
complaint of said constable ; the other half of said fine to 
be paid to the treasurer of the county of Bristol. 

Section 4. The second district court of Bristol shall fo";;°['^/i\';\',\°J, 
have iurisdiction over all offences arisins: under this act. tohavejuiudic 

Approved May 27, 1884. 

An Act authorizing the city of lynn to supply the town QJiav.2S3- 

OF swampscott with avater. 
Be it enacted, etc., asfolloivs: 

Section 1. The city of Lynn is hereby authorized to May supply 
furnish from its water supply to the town of Swampscott wuhTate°' 
or the inhabitants of said town, a supply of water for the 
extinguishment of fires, for domestic and other purposes, 
and may contract with said town of Swampscott for such 
supply of water, for a term of years, on such terms as 
may be agreed upon between the authorities of the two 
municipalities : provided, hoicever, that the rate charged Provisos. 
for all purposes to said town of Swampscott shall not be 
more favorable than to the residents of the city of Lynn ; 
and provided, that no water which is needed for the use 
of residents of the city of Lynn shall be so furnished. 
Section 2. This act shall take effect upon its passage. 

Approved May 27, 1884. 

An Act relating to the planting and growing of oysters. QJiap,284: 
Be it enacted, etc., asfollotvs: 

Section 1. The provisions of sections ninety-seven. Protection to 
ninety-eight, ninety-nine, one hundred and one hundred giowlnf of 
and one of chapter ninety-one of the Public Statutes relat- tw'i* To *''"' 
ing to the planting and growing of oysters are hereby ex- nat^'nai oyster 
tended so as to apply to any waters where there is no 
natural oyster bed, not however impairing the private 
rights of any person, and not materially obstructing any 
navigable waters. 

Section 2. Section ninety-seven of said chapter nine- License to 
ty-one is hereby amended by striking out the word ceed\enye°ar*' 
"twenty" in the third line and inserting in place thereof 
the word " ten." 

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

Approved May 28, 1884. 



266 



1884. — Chapters 285, 286. 



Bill in equity 
may he main- 
tained, although 
plaintitf'g deht 
does not equal 
one hundred 
-dollars. 



ChCtV. 2S5 "^^ ^^'^ CONCERNING SUITS IN EQUITT TO REACH AND APPLY THE 

PROPERTY OF A DEBTOR. 

Be it enacted, etc., as folloios : 

Section 1. A bill in equity may be maintained to 
reach and apply in payment of a debt any property of a 
debtor, as provided by clause eleven of section two of 
chapter one hundred and fifty-one of the Public Statutes, 
notwithstanding the fact that the plaintiflfs debt does not 
equal one hundred dollars in amount, or that the property 
sought to be reached and applied is in the hands, posses- 
sion or control of the debtor independently of any other 
person, or that it is not within the state, or that it is of 
uncertain value, provided the value can be ascertained by a 
sale or appraisal, or by any means within the ordinary 
procedure of the court, or that it cannot be reached and 
applied until a future time. 

Section 2. In such suit the interest of a co-partner in 
the partnership property may be reached and applied to 
payment of the plaintiff's debt : provided, however, that 
unless the plaintiff^s debt is in judgment, the business of 
the partnership shall not be interfered with by injunction 
or otherwise farther than to restrain the withdrawal of any 
portion of the debtor's share or interest therein, unless and 
until the plaintiff's debt is established ; aiid provided 
further, that if either co-partner shall give to the plaintiff" 
a sufficient bond with sureties approved by the clerk, con- 
ditioned to pay to the plaintiff the amount of his debt and 
costs within thirty days after the same is established, the 
court shall proceed no further therein save to establish the 
debt; and any injunction previously issued therein shall 
be dissolved upon the filing of such bond. 

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

Approved May 28, 1884. 



Interest in part- 
nership prop- 
erty may he 
reached. 

Business not to 
be interfered 
-with unless 
debt is in judg- 
ment. 



Proviso. 



Chap.286 An Act relating to warrants issued by justices of the 

PEACE. 



Justices of the 
peace desig- 
nated to issue 
warrants and 
take bail. 



Be it enacted, etc. , as folloios : 

Section four of chapter one hundred and fifty-five of the 
Public Statutes is hereby amended so as to read as follows, 
namely : — The governor, with the advice and consent of the 
council, may from time to time, upon the petition of the 
selectmen of a town included within the judicial district of 
a district or police court, and in which neither a justice 



1884. — Chapters 287, 288. 267 

nor the clerk of such court resides, designate and conimis- 
sion some justice of the peace residing in said town, who 
niay issue warrants returnable to said court in criminal cases 
arising within such judicial district, and take bail therein. 

Approved May 28, 1884. 

An Act relating to the taxation of buildings and struct- CJiap.2S7 

URES upon the grounds occupied by the new ENGLAND 
spiritualists' CAMP MEETING ASSOCIATION. 

Be it enacted, etc. , as foUoivs : 

Section 1. All buildings, booths or tents erected on Buildings, 

/vi T'lii-VTT^ii "ootns, etc., 

or amxed to the grounds occupied by the JNew JLngland may be taxed aa 
Spiritualists' Camp Meeting Association at Lake Pleasant rate iix)m'the^"* 
in the town of Montague, may for the purposes of taxa- '''"'^' 
tion be considered real estate and taxed as such to tlie 
owners, separate from the land on which they stand. All 
acts rehiting to the assessment and collection of taxes upon 
real estate and redemption of titles, in the event of sale 
by the collector of taxes shall apply to the estates to which 
this act relates. 

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

Approved Ma// 28, 1884. 

An Act to authorize and require the county commissioners f^Jj^^ 98S 

OF PLYMOUTH COUNTY TO ENLARGE AND REMODEL THE JAIL AND "' 

HOUSE OF CORRECTION AT PLYMOUTH. 

Be it enacted, etc., as foUoivs: 

Section 1. The county commissioners of the county ,jaii and house 
of Plymouth are hereby authorized and required to enlarge, m'ay'beenVa^rged. 
remodel and improve the jail and house of correction at 
Plymouth, at an expense not exceeding thirty thousand 
dollars, and for said purposes to borrow on the credit of 
the county a sum not exceeding thirty thousand dollars. 
They may employ the convicts in said house of correction convicts may be 
so far as their labor may be used to advantage. employed. 

Section 2. Said commissioners are hereby also author- present struct. 
ized to sell, convey or remove the whole or any portion of orrem^^ved.*"^*^ 
the present jail and house of correction, or use the materials 
thereof in the new structure: provided, that said county Estimates to be 
commissioners shall not expend any part of said sum until costs^wia^not 
they have obtained estimates from competent experts *sceed $3o,ooo. 
showing that the whole amount required to fully enlarge, 
remodel and improve said jail and house of correction 



268 



1884. — Chapter 289. 



Annual expen- 
diture not to 
exceed $10,000. 



Proviso. 



Annual report 
of prosecutions. 



Powers of in- 
spectors. 



and fit the same for occupancy will not exceed said sum 
of thirty thousand dollars. 

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

Approved May 28, 1884. 

Chcip.28Q "A.N Act relating to the adulteration of food and drugs. 
Be it enacted, etc., as follows : 

Section 1. For the purpose of carrying out the pro- 
visions of chapter two hundred and sixty-three of the acts 
of the year eighteen hundred and eighty-two, the state 
board of health, lunacy and charity may expend annually 
an amount not exceeding ten thousand dollars : provided, 
however, that not less than three-fifths of said amount shall 
be annually expended for the enforcement of the laws 
against the adulteration of milk and milk products. 

Section 2. The state board of health, lunacy and 
charity shall report annually to the legislature the number 
of prosecutions made under said chapter, and an itemized 
account of all money expended in carrying out the provis- 
ions thereof. 

Section 3. An inspector appointed under the provis- 
ions of said chapter two hundred and sixty-three of the 
acts of the year eighteen hundred and eighty-two shall 
have the same powers and authority conferred upon a city 
or town inspector by section two of chapter fifty-seven of 
the Public Statutes. 

Section 4. Nothing contained in chapter two hundred 
and sixty-three of the acts of the year eighteen hundred 
and eighty-two shall be in any way construed as repealing 
or amending anything contained in chapter fifty-seven of 
the Public Statutes. 

Section 5. Chapter two hundred and sixty-three of the 
acts of the year eigliteen hundred and eighty-two is hereb}'- 
amended by striking out all of section three after the 
words " person consuming it," in clause (7.) of paragraph 
(b.) and also by striking out section four, and inserting 
in place thereof the following : — The provisions of this 
act shall not apply to mixtures or compounds, recognized 
as ordinaiy articles of food or drinks, provided that the 
same are not injurious to health and are distinctly labelled 
as mixtures or compounds. And no prosecution shall 
at any time be maintained under said act concerning 
any drug the standard of strength or purity whereof has 
been raised since the issue of the last edition of the 



p. S. 57, not 
amended by 
1882, 263. 



Amendments to 
1882, 263. 



U. S. Pharma- 
copoeia. 



1884. — Chapter 290. 269 

United States Pharmacopoeia, unless and until such change 
of standard has been published throughout the Common- 
wealth. 

Section 6. Chapter two hundred and sixty-three of Repeal. 
the acts of the year eighteen hundred and eighty-three is 
hereby repealed. 

Section 7. Section three of chapter two hundred and ^"2*"26"?3*° 
sixty-three of the acts of eighteen hundred and eighty- 
two is hereby amended by adding after the word 
*' therein" in the sixth line as follows : — Unless the order 
calls for an article inferior to such standard, or unless 
such difference is made known or so appears to the pur- 
chaser at the time of such sale. 

Section 8. Before commencing the analysis of any Portion of 
sample the person making the same shall reserve a por- fcTatlaiysL^to^'^ 
tiou which shall be sealed; and in case of a complaint ^® '''^*"^^'^' 
against any person the reserved portion of the sample al- 
leged to be adulterated shall upon application be delivered 
to the defendant or his attorney. 

Section 9. This act shall take effect upon its passage. 

Approved May 28, 1884. 

An Act to authorize the taking by the commonwealth op (JJiap.290 
certain lands and flats in south boston. 

Be it enacted, etc. , as f^Uoios : 

Section 1. For the purposes of the reclamation of Lands and flats 
the Commonwealth's flats at South Boston and the im- may be taken 
provement of Boston harbor contemplated and authorized w^eauh!^*'™'"""' 
by chapter two hundred and thirty-nine of the acts of the 
year eighteen hundred and seventy-five, and with a view 
to the completing and perfecting of the title of the Com- 
monwealth in and to the lands and flats on the northerly 
shore of South Boston which were authorized to be pur- 
chased for and in the name of the Commonwealth by 
chapter four hundred and forty-six of the acts of the year 
eighteen hundred and sixty-nine, the board of harbor and 
land commissioners is hereby authorized to take, in the 
name and behalf of the Commonwealth, the whole or any 
part or parts of the lands and flats so authorized to be 
purchased, excepting the portions thereof which lie south 
of the southerly line of Cypher Street, so called, and west 
of the easterly line of B Street, so called, in said South 
Boston. 

Section 2. Said board shall file in the registry of ^°^';'* °i ''*'"^°*" 

D J and land com- 



270 1884. — Chapter 291. 



miBsioners to deeds foF the county of Suffolk, and cause to be recorded 

cause to be re- . , . '' ' in 

corded in the therein, a description of any lands and flats so taken, as 

registry of deeds .. . .,. "^ -,. nit 

a description of Certain as IS required in an ordinary conveyance oi land, 
the land taken, ^jj^j^ ^ Statement, signed by said board or a majority 
thereof, that the same are taken under the provisions of 
this act in the name and behalf of the Commonwealth ; 
and the act and time of the filinor thereof shall be deemed to 
be the act and time of the takinof of such lands and flats, 
and to be sufficient notice to all persons that the same 
have been so taken. The title to all lands and flats so 
taken shall vest absolutely in the Commonwealth and its 
assigns forever. 
May settle dam- SECTION 3. Said board shall have full power, subject 

ages by agree- i n \ t • i i i 

ment or arbitra- to the approval of the govcmor and council, to settle by 
agreement or arbitration the amount of the damages sus- 
tained by any person in his property by reason of the 

fj^ury**"^"^ ''^ taking of any lands or flats as aforesaid; and, if not so 
settled, the same may be assessed by a jury at the bar of 
the supreme judicial court for said county of Suffolk, 
upon petition to be filed by such person in the office of 
the clerk of said court within one year after such taking, 
and not afterwards. The attorney-general shall appear 
and act as counsel for the Commonwealth in any such pro- 
ceeding, and sections sixty-five, sixty-six and seventy-six 
of chapter one hundred and sixty-seven of the Public 
Statutes shall apply thereto. 

Damages and SECTION 4. The dama^cs ascertained in any man- 

costs to be paid 'jj irii.j • i 

out the Com- ncr aiorcsaid, and any lawtul costs and expenses incurred 
fla^uTmprove- by or iu behalf of the Commonwealth in carrying out the 
ment fund. provisions of this act, shall be paid out of the Common- 
wealth's flats improvement fund, and a sum not to exceed 
seven thousand five hundred dollars is hereby appropri- 
ated from said fund for said purposes. 

Approved May 28, 1884. 

Ch(l7).201 -^N ^^"^ AUTHOKIZING SPECIAL ADMINISTRATORS TO PAY THE EX- 
PENSES OF EXECUTORS IN THE PROOF OF WILLS. 

Be it enacted, etc., as follows: 
Payment of ex- SECTION 1. A Special administrator by leave of the 
tor incurred in probatc court may pay from the personal estate in his 
proving wi . ijands the expenses incurred by the executor named in the 
will of a deceased person in proving the same in the pro- 
bate court or in sustaining the proof thereof in the 
supreme court. 



1884.— Chapters 292, 293, 294. 271 

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

Approved May 28, 1884. 

An Act to confirm the proceedings of the town meetings (7^ft7>.292 
OF certain towns. 

Be it enacted, etc., as follows: 

Section 1. The proceedings of the town meetino-s of Proceedings of 

I o o town meetings 

the several towns held in the year eighteen hundred and co"fi""ed, 
eighty-four shall not be invalid for the reason that tellers were not ap- 
were not appointed or if appointed were not sworn ac- **""' ^ '^''' 
cording to law to aid in checking the names of voters 
and in assorting and counting the votes ; and the election 
of the town officers at said meetings is ratified and con- 
firmed. 

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

Approved May 28, 1884. 

An Act relative to the proof of equitable liabilities n/ian.^QS 
against insolvent estates. 

Be it enacted, etc., asfolloios: 

Section 1. Equitable liabilities shall be deemed to be Equitable liawi- 
debts provable against estates in insolvency and against LgalusUnsou 
estates of deceased persons represented insolvent; and ^'^°'^®**'*^''^" 
all proceedings in respect to the proof of any such equi- 
table liability, whether by way of appeal or otherwise, 
shall be the same in all respects as if it were a debt upon 
which an action at law might have been brought. 

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

Approved May 28, 1884. 
An Act to fix the times and places of holding probate (JJinj) 294 

COURTS IN the county OF HAMPDEN. ' 

Be it enacted, etc., as follows: 

Section 1. Probate courts shall be held in each year probate courts 
for the county of Hampden as hereinafter mentioned : — com,t"^*^^" 
At Springfield, on the first Wednesday of every month 
except August; at Holyoke, on the third Wednesdays of 
January, March, June and October; at Palmer, on the 
second Wednesdays of February, May and September, 
and the ft)urth Wednesday of November ; and at West- 
field, on the third Wednesdays of February, May, 
September and December. 

Section 2. So much of section forty-eight of chapter Repeal. 



272 1884. — Chapters 295, 296. 

one hundred and fifty-six of the Public Statutes as relates 
to holding probate courts in the county of Hampden is 
hereby repealed. 
juij^i^lfr* Section 3. This act shall take effect on the third day 
of July next. Approved May 28, 1884. 



(JJiap.295 ^ Act relating to a water supply for the town of 

MIDDLEBOROUGH. 

Be it enacted, etc., as folloios : 
Water supply SECTION 1. Scctiou eio^ht of chapter fifty-nine of the 

lor town oi "^ 

Middieborough. acts of the year eighteen hundred and eighty-four is here- 
Bubjecttoac- bv amcuded to read as foUows : — The preceding^ sections 

ceptance within V- i • /» a\ i ^ -\ c i • 

one year by ii OI this act, SO lar as they apply to and conier authority on 
the town of Middieborough to introduce a supply of water 
for its inhabitants as aforesaid, shall become inoperative 
and void unless said town shall accept the same and au- 
thorize the introduction of water under its provisions by 
a two-thirds vote of its legal voters present and voting 
thereon at any legal town meeting called for the purpose 
within one year from the date of passage of this act. At 
such meeting the check-list shall be used and the voting 
shall be by ballot, written or printed, Yes or No. The 
number of meetings so called shall not exceed four. 
Section 2. This act shall take effect upon its passage. 

Approved May 28, 1884. 

•Chap.296 -^^ '^^'^ relating to the formation of companies to guar- 
antee THE fidelity OF PERSONS AND TO ACT AS SURETY ON 
BONDS. 

Be it enacted, etc., as folloios: 

To guarantee SECTION 1. Companies may be formed foF the purposB 

besur^'ty on'° of guaranteeing the fidelity of persons and of acting as 
bonds. surety on bonds by complying with the provisions of sec- 

tions twenty-six, twenty-seven and twenty-eight, and 
sections thirty-two to thirty-seven, both inclusive, of 
chapter one hundred and nineteen of the Public Statutes 
relative to the formation of insurance companies so far as 
they are applicable for the purposes of incorporation. 
<:apitai stock. SECTION 2. The Capital stock of such a company shall 

not be less than two hundred thousand dollars. 
Mayactas Section 3. Such couipauy if accepted and approved 

surety upon , , , • a i^ ^\ ii- , 

official bonds, by the court, magistrate or other obligee may act as surety 
upon the official bond of any person to the United States 



1884. — Chapter 297. 273 

or to the stale of Massachusetts ; to any county, city or 
town ; to any judge of probate and insolvency, sheriff, or 
other court, or magistrate ; to any corporation or associa- 
tion, public or private, and upon a bond or undertaking 
to any person or persons, conditioned upon the perform- 
ance of any duty or trust, or for the doing or not doing 
of anything in said bond or undertaking specified, and to 
guarantee the fidelity of persons holding positions of pub- 
lic or private trust, or the bonds and undertakings of such 
persons; also upon bonds to indenmify against loss any May guarantee 
person or persons, who are responsible as surety or bums holding 
sureties upon a written instrument or otherwise, for the f^us""""*"^ 
faithful performance by others of any trust, otKce or duty ; 
and in any case where, by law or otherwise, two sureties 
are required upon any obligation which this company is 
hereby authorized to assume, this company may act as 
sole surety, if so accepted and approved by the court, 
manjistrate or other oflScer named as the obligee in the 
bond, or who is now or shall hereafter be required to 
approve the sufficiency of any such bond or undertaking. 

Section 4. The amount of responsibility incurred by Amount of re. 
said company in behalf of any one person, partnership or b^h"ff oi-'any"^ 
company, shall not exceed the amount of ten per centum toti'c^edten"* 
upon its paid in capital, except where the company p«^^r ceiii. of 
shall be fully secured or guaranteed against all loss in 
consequence of responsibility incurred in excess of said 
limited amount of ten per centum, by the deposit with 
the company or conveyance to it of property fully worth 
at a fair and reasonable valuation the amount of such ex- 
cess. 

Section 5. In the conduct of its business, maintenance subject torcgu- 
of reserve, investment of assets, and in all other respects so lo"ori?t"'tock'^ 
far as is consistent with the character of its business, such fire insurance 

' companies. 

company shall be subject to and governed by the regula- 
tions, obligations and restrictions which are now or may 
hereafter be applied to joint-stock fire insurance companies. 

Approved May 28, 1884. 



Chap.ITi 



An Act providing for the appointment of trustees for the 
state almshouse and the state workhouse. 

Be it enacted, etc., as follows: 

Section 1. The boards of trustees holding office under Present boards 
section thirteen of chapter eighty-six and section one of °/i,ud"*'^*'* "'*'''■ 
chapter eighty-eight of the Public Statutes, having charge 



274 1884. — Chapter 297. 

of the state almshouse and the state workhouse, are hereby 
abolished. 
Seven trustpes, SECTION 2. The o^ovcmor With the advice and consent 

Ave men and two /. ,, -i i ii • ^ n c ^ 

women, to be 01 thc couucu shull appoiut scveu pcFSOus, hve oi whom 

appoints . shall be men and two of whom shall be women, who shall be 

known as the board of trustees of the state almshouse and 

state workhouse, and who shall have the power and perform 

all the duties now required by law to be performed by the 

trustees of the state almshouse, and the trustees of the 

state workhouse, and shall make all rules and regulations 

for the government of the same, subject to the approval 

To hold office of the govcruor aud couucil. They shall hold office for 

ireejtars. ^[^f.gg y^j^j-g^ l3^,t of ^jjg sevcn first appointed three shall 

hold office for three years, three for two yeais, and one for 
one year; and all vacancies occasioned by the expiration 
of term of office, or in any other manner, shall be filled 
by the governor and council. No person employed by 
the board shall be a member thereof. 
Trustees to ap- SECTION 3. The board of trustccs shall hold monthly 

point Kupenu . . • -x /■!••• i i-i 

ic-ndcnis. meetmgs at either oi the institutions under their charge, 

and shall ajjpoint a superintendent of the state almshouse, 
and a superintendent of the state workhouse, who shall 
respectively hold office during the pleasure of the board, 
and whose compensation shall be fixed by the trustees, 
Other officers to with the approval of the governor and council. All other 
eupe^fntendentf officcTS and cmplojcs shall bc appointed by the superin- 
tendents, subject to the approval of the trustees, who shall 
fix the compensation in each case. 
Trustees, with SECTION 4. The trustccs of the state almshouse and 
bourd^cTf health. State workhouse shall have authority with the approval 
cha'iTty,"mHy of the statc board of health, lunacy and charity to transfer 
Inatel!'^'" liimates from the state almshouse to the pauper depart- 
ment of the state workhouse, and from the pauper depart- 
ment of the state workhouse to the state almshouse. 
They may also transfer discharged prisoners remaining 
in the state workhouse to the state almshouse, when such 
transfers will promote a better classification of the inmates 
of the two institutions. 
Repeal. SECTION 5. Section thirteen of chapter cighty-six and 

section one of chapter eighty-eight of the Public Statutes, 
and all other acts or parts of Jicts inconsistent with this 
act are hereby repealed. 
When to take SECTION 6. This act shall take effect so far as relates 
to the appointment and qualification of the trustees upon 



1884. — Chapter 298. 275 

its passage, but in all other respects on the first day of 
July next. Approved May 29, 1884. 

Ax Act to ascertain by proper proofs the citizens who (JJicip,29S 

ARE ENTITLED TO THE RIGHT OF SUFFRAGE. 

Be it enacted, etc., asfoUotvs: 

Section 1. Every male citizen of twenty-one years of .^'^""^^^^l.^' °^ 
age and upwards (except paupers, persons under 
guardianship, and persons excluded by article twenty 
of the amendments to the constitution), who has resided 
within the state one year, and within the city or town in 
which he claims a right to vote six months next preceding 
any election of city, town, county or state officers, of rep- 
resentatives to congress, or of electors of president and 
vice president, and who has paid, by himself, his parent, 
master or guardian, a state or county tax assessed upon 
him in this state within two years next preceding such 
election ; and also every citizen who shall be by law 
exempted from taxation, and who shall be in all 
other respects qualified as above mentioned ; and also 
every citizen included in article twenty-eight of the 
amendments to the constitution, — shall have a right to ^ 

vote in all such elections ; and no other person shall have 
such right to vote, except as provided in section four. 

Section 2. No person having served in the army or certain soldiers 
navy of the United States in time of war, and having been dLquanHed"o°n 
honorably discharged from such service, if otherwise pauperl^eic!'"^ 
qualified to vote, shall be disqualified therefor on account 
of being a pauper, or if a pauper because of the non-pay- 
ment of a poll tax. 

Sections. In an election of representatives to con- Persons not ai- 
gress, no person shall be allowed to vote unless he has forrepresem^a- 
resided in the congressional district where he offers to g^c'sVun^ess 
vote six months next preceding such election, and is other- gl'^Jd^inThe'^dis. 
wise qualified accordinj; to the constitution and laws : trif-t six mombs, 

X o etc, 

provided, that, when the state is districted anew for mem- 
bers of congress, he shall have the right so to vote in his 
district according to such new arrangement ; and j9rot'i6ZefZ, 
also, that no voter residing in a city which now is or here- 
after may be divided by the line between congressional 
districts shall be deprived of his vote in the district in 
which he was assessed or liable to assessment, on, the 
first day of May next precedinsf such congressional elec- 
tion, if he is otherwise qualified. 



276 188tt. — Chapter 298. 



Women who Section 4. Every woman who is a citizen of this 

vote for school Commonwealth, of twenty-one years of a<^e and upwards 

committees. , . i ti* j 

(except paupers, persons under guardianship, and persons 
excluded by article twenty of the amendments to the consti- 
tution), who has resided within the state one year, and 
within the city or town in which she claims a right to vote 
six months next preceding any election of school com- 
mittees, and who has paid by herself, her parent, guardian 
or trustee, a state, county, city or town tax assessed upon 
her or her trustee in this state within two years next pre- 
ceding such election, shall have a right to vote in all such 
elections for members of school committees. 
Right to vote, of Section 5. The provisions of section fifty-two of 
emptedfrom chaptcr tvventy-sevcn of the Public Statutes are hereby 
taxation. extcudcd 80 as to include, in addition to the persons therein 

enumerated, every citizen who shall be by law exempted 
from taxation, and who shall be in all other respects 
qualified as required by the constitution. 
tobecufz^eiB'^*^ SECTION 6. All ludiaus, and people of color hereto- 
fore known and called Indians, within this Commonwealth, 
are made and declared to be citizens of the Commonwealth, 
and entitled to all the rights, privileges and immunities, 
and subject to all the duties and liabilities, to which 
citizens of this Commonwealth are entitled or subject. 
Exemption from SECTION 7. Evcrv male inhabitant of a city or town, 

taxation by rea- . "^ . ^ t . 

sonofiigf, tobe who, by reason ot age, infirmity and poverty, is exempted 

deemed exemp- './ O' J i *'' c c 

tiou by law, etc. froui taxatiou under the twelfth clause of section five of 
chapter eleven of the Public Statutes, shall be deemed to 
be exempted by law within the meaning of article three 
of the amendments to the constitution. 

Collectors of SECTION "6. The collcctoi's of statc and couuty taxcs iu 

taxes to keep . /» i 

list of persons each City and town shall keep an accurate account oi the 

who have paid /> 1 1 f i ^ i • i. e 

taxes and upon naiiies ot all pcrsous irom whom they receive payment oi 
rec"ipu.^°^'^^ any state or county tax, and of the time of such payment, 
and upon request shall deliver to the person paying the 
same a receipt specifying his name and the time of pay- 
ment, and such receipts shall be admitted as presumptive 
evidence thereof. 
Collectors to re. SECTION 9. The collcctors, whether the time for which 

turn such lists . ' 1 II • • 1 

twice each year, they wci'e choscu has expired or not, shall, twice in each 
year, namely, once not more than twenty-five nor less 
than twenty days before the annual city or town elections, 
and once not more than sixty nor less than fifty days be- 
fore the Tuesday next after the first Monday in November, 



1884. — Chapter 298. 277 

return to the registrars of voters of their respective cities 
and towns an accurate list of all persons from whom 
they have received payment of any state or county tax 
since the time appointed for making their last preceding 
return. 

Section 10. Every collector neglecting to make such pennityfor 
return shall forfeit one hundred dollars for each neglect, faislTretum."'^ 
and twenty dollars for every name in respect to which he 
makes a false return. 

Section 11. When a male person, on or before the Assesementof 
fifteenth day of September in any year, gives notice in omuteTpoiis 
writing, accompanied by satisftictory evidence, to the ""^ estates. 
assessors of a city or town, that he was on the first day of 
May of that year an inhabitant thereof, and liable to pay 
a poll tax, and furnishes under oath a true list of his polls, 
and estate both real and personal, not exempt from taxa- 
tion, the assessors shall assess him for his polls and estate ; 
but such assessment shall be subject to the provisions of 
section seventy-three of chapter eleven of the Public Stat- 
utes. And the assessors shall, on or before the twentieth 
day of September, deposit with the registrars of voters or 
board charged with the preparation of the list of voters 
of the city or town a list of the persons so assessed. 
The taxes so assessed shall be entered in the tax list 
of the collector of the city or town, and he shall collect 
and pay over the same in the manner specified in his 
warrant. 

Section 12. Any woman, who is a citizen of this Assegsmem 
Commonwealth, may, on or before the fifteenth day (jf ^p°'^'"°^^ • 
September in any year, give notice in writing, accompa- 
nied by satisfactory evidence, to the assessors of a city or 
town, that she was on the first day of May of that year an 
inhabitant thereof, and that she desires to pay a poll tax, 
and to furnish under oath a true list of her estate, both 
real and personal, not exempt from taxation, and she shall 
thereupon be assessed for her poll, not exceeding fifty 
cents, and for her estate, and the assessors shall, on or 
bef(n-e the twentieth day of September, return her name 
to the registrars of voters or board charged with the prep- 
aration of the list of voters of the city or town in the list 
of the persons so assessed. The taxes so assessed shall 
be entered in the tax list of the collector of the city or 
town, and he shall collect and pay over the same in the 
manner specified in his warrant. 



278 



1884. — Chapter 298. 



Soldiers and 
others taxable, 
but not assessed, 
may be as- 
sessed, and pay 
tax and vote. 



Board of regis- 
trars of voters 
to be appointed 
in each town. 



Vacancy. 



Members to rep- 
resent equally 
the two political 



Section 13. When a person makes application to the 
assessors of a city or town to be assessed a poll tax for 
the year then current, and it appears that the applicant 
was on the first day of May preceding an inhabitant there- 
of, and liable to pay a poll tax, but was not assessed 
therefor, and that he is, or has been during any portion 
of the two years preceding such application, engaged in 
the military or naval service of the United States, the 
assessors shall, provided the applicant has returned frora 
said service subsequent to the time fixed by law for the 
close of assessment of taxes, forthwith assess such tax, 
and notify the treasurer of such city or tow^n of the assess- 
ment, and the person so assessed shall, upon payment of 
said tax, have the same right to be registered and vote 
in said city or town as if his tax had been regularly 
assessed. 

Section 14. Within thirty days after the passage of 
this act, the selectmen of each town, by a writing signed 
by them or by a majority of them, and filed with the town 
clerk, and the mayor of each city, subject to the approval 
of the board of aldermen, shall appoint three able and dis- 
creet persons, qualified voters in said city or town, who 
shall hold no other oflSce or position by election or ap- 
pointment in said city or town, who shall constitute, 
together with the city or town clerk for the time being, a 
board of retjistrars of voters. One of the registrars so 
appointed shall hold his office until the first day of May in 
the year eighteen hundred and eighty-five, one until the 
first day of May in the year eighteen hundred and eijihty- 
six, and one until the first day of May in the year eighteen 
hundred and eighty-seven ; and in the manner aforesaid, 
the mayor of each cit}^ and selectmen of each town shall 
in the month of March or April in the year eighteen hun- 
dred and eighty-five, and in each year thereafter, appoint 
one person qualified as aforesaid, to be a registrar of 
voters for the term of three years from the first day of 
May then next ensuing, and until another is appointed in 
his place. In case of a vacancy occurring by reason of 
the death, resignation or removal from office of any one of 
the registrars appointed, as aforesaid, during the term for 
which he is appointed the mayor or selectmen in the man- 
ner aforesaid, shall appoint a person qualified as aforesaid, 
for the residue of said term. The members of said board 
shall equally rejD resent the two political parties which cast 



1884. — Chapter 298. 270 

the largest number of votes in the Commonwealth at the parties wiiich 
annual election next preceding their appointment and not vou. at the eiec 
more than two of them shall be of the same political party. ce"i"g appoint- 
The city or town clerk shall act as clerk of the said board, "»^"'- 
shall keep a full and ftiithful record of its proceedings and 
procure the serving or posting of such notices as the regis- 
trars may require. 

Section 15. Such registrars shall perform all the Duties, oath. 
duties in relation to the registration of voters now imposed 
upon existing boards of registration, or upon the mayor 
and aldermen in cities where there are no registrars, and 
selectmen in towns, and shall before entering upon the 
duties of their oiBce take and subscribe an oath faithfully 
to perform the same. They shall receive such compensa- compensation. 
tion as the city council or selectmen may from time to 
time determine ; but such compensation shall not be regu- 
lated by the number of names registered on any list of 
voters, and any reduction of compensation shall take effect 
upon such registrars only as are appointed after such 
reduction. The city council or selectmen shall furnish omceroom. 
office room fur the registrars and such aid as may be 
needed by them. 

Section 1(3. The registrars, at their first meeting to Res^istrars may 
make the register of voters, or at an adjournment thereof, onii^mmual 
may use the voting lists of the annual election then last [.[^t pa"t?o'a d 
past to aid them in forming the said register, but the t{]e"egi/^Jr"''°^ 
name of no person shall be placed on such register if 
objected to by one of the registrars, or by a qualified 
voter of the same city or town, unless he shall be known 
or proved, to the satisfaction of such registrars, to be, at 
the time, a qualified voter in such city or town ; nor shall 
the name of any person be placed or retained on such 
register without the concurrence of three of the four 
registrars. 

Section 17. The reo^istrars of voters in cities and Registersof 

O -I e ^^ voters to be kept 

towns shall make and keep a record of all persons i" towns and 
entitled to vote therein at any election of town, city, 
county, district, state or national officers, which shall be 
known as a register of voters. 

Section 18. Said reg'ister shall contain the name of To contain narre 

O , . -written in full, 

each voter written in full, or his first christian name, or a^re, piaoe ..f 
that name by which he is generally known written in full, tion,e°c.!"oT' 
with the initial or initials of any other name or names ^'"'''^"''"'' 
which he may have in addition to his surname, his age 



280 



1884. — Chapter 298. 



Assessors to 
f^rlli^h street 
lists of the sev- 
eral voting pre- 
ciiictu. 



Kearistrars to 
publish notice 
to all persons 
to present 
themselves for 
registration. 



Qualifications to 
be ascertained 
before register- 
ing. 



After lists are 
printed, appli- 
cant for rigis- 
tration must ap- 
pear in person. 



Secretary to 
furnish books 
for registration. 



and place of birth, the street or place in the town or city 
where he resided on the first day of May, and at the time 
of registration, the date of said registration, his occupa- 
tion and place of business or employment, and such other 
particulars as may be necessary fully to identify him. 

Section 19. The assessors of taxes of each city shall, 
on or before the fifteenth day of July in each year, cause 
street lists of the several voting precincts in snch city to 
be compiled and printed in pamphlet form for public dis- 
tribution. Said compilation shall be by precincts sepa- 
rately, not exceeding fifty copies for each, arranged so as 
to show under the number of the house, or if there is no 
number, then under such other definite description of 
the location of the dwelling place as will enable it to be 
readily ascertained, the names of all persons resident in 
each dwelling, and assessed for poll taxes. The said 
assessors shall send such number of copies thereof as 
may be required by the board of registrars of voters to 
the clerk of said board. 

Section 20. The registrars of voters shall cause 
proper notices to be published or posted, and proper 
opportunity given at least twenty days before the annual 
city or town election and at least thirty days before the 
Tuesday next after the first Monday in November annu- 
ally, to all persons to present themselves for registration ; 
and thereafter before registering any person whose quali- 
fications have not been previously determined by them, 
they shall examine him under oath in regard to his quali- 
fications to vote, and shall require such person to write 
his name and read in the oflScial editiou thereof at least 
three lines of the constitution, other than the title, in 
such manner as to show that he is not prompted nor recit- 
ing from memory, before they place his name on said reg- 
ister, unless such person is exempted by article twenty of 
the amendments to the constitution. 

Section 21. After the lists of qualified voters are 
printed and posted as now required by law, no name shall 
be added thereto, unless the applicant for registration 
appears in person before the registrars or assistant regis- 
trars and proves his claim to be registered. 

Section 22. The secretary of the Commonwealth 
shall furnish to each board of registrars applying there- 
for, at cost price, suitable blank books for said registra- 
tion, and said books shall be uniform in character, and 



1884.— Chapter 298. 



281 



shall contain eleven blank columns with uniform headings 
in the followincf form : — 



? 








>> 


Bi 




OS 


o 


o 




"5 






€ 

m 


1^ 




a 


O 




an u 

« 2 




e 


NAME. 


d 


o 


c 
S 


2M 


1 

a 


O 
« - 

S.2 




J" o 


a 

a 






< 


E 


« 


^u 


O 




^ 


^" 


si 



Section 23. If the registrars are not satisfied as to 
the identity or qualitications of any applicant for registra- 
tion, they may make such examination of such applicant 
under oath as they may consider necessary or proper to 
verif;y the fact that he is possessed of the constitutional 
requirements of a voter. 

Section 24. If any person who will become twenty- 
one years of age before the election next ensuing shall 
make application to the registrars for registration in or- 
der to entitle him to vote at such election, he shall be 
examined under oath and admitted to registration, pro- 
vided the registrars shall be satisfied that he will be of 
age before such election, and that he has the other con- 
stitutional qualitications of a voter and is the identical 
person he professes to be. 

Section 25. If the assessors of a city assess a person 
in another precinct than that in which he claims to dwell 
or have his home, such person may, on or before the fif- 
teenth day of September in any year, file with the regis- 
trars of voters a notice of his claim to be regristered in 
some other precinct, specifying the same, and as soon as 
may be tifter said fifteenth day of September said board 
shall notify said person, fixing a time and place of hear- 
ing ; and after such hearing they may change the precinct 
of registry, if need be, in any case ; and they shall forth- 
with, after such change, give notice thereof to the assess- 
ors, who shall make the corresponding change in the 
official record of their department ; and the name of no 
person shall be registered in any other precinct than that 
in which he was assessed, unless a claim for such regis- 
tration is filed as provided in this section. 

Section 26. In the several cities of this Common- 
wealth, except the city of Boston, all errors in names upon 



Applicant for 
registration 
may be exam- 
iufil under oath. 



May be regis- 
ten-il, if lie will 
become twenty, 
one years of age 
before next 
election. 



Person assessed 
in wrong pre- 
cinct may apply 
for change, etc. 



Errors in names 
upon tnx bills 
to be corrected. 



282 



1884. — Chapter 298. 



Certificate of 
names to be sent 
to collector. 



Voting lists to 
be made and 
posted. 



Names of 
■women may be 
placed on a 
separate list. 



Voter's resi- 
dence to be 
entered oppo- 
site name. 



tax hills of persons assessed shall he corrected on said 
tax bills by the hoard of assessors or the board acting as 
registrars of voters, and also on forms of certificates 
specially prepared for the purpose ; and every tax hill so 
changed, together with the certificate, shall be stamped 
with an official stamp of the board making such change 
before the person whose tax bill is so changed shall be 
allowed to register as a voter. All certificates of names 
so changed shall be sent to the collector of taxes, who 
shall, as soon as may be after the first day of January in 
each year, make corresponding changes or corrections on 
the list of assessed polls committed to him by the board 
of assessors. The collector shall also transmit said cer- 
tificates to the board of assessors, who shall, before the 
first day of March in each year, make corresponding 
changes or corrections on the proper books in their de- 
partment. 

Section 27. The registrars of voters in cities and 
towns shall, at least twenty days before the annual city 
and town elections, and at least thirty days before the 
Tuesday next after the first Monday in November annually, 
make correct alphabetical lists of all the persons qualified 
to vote for the several oflScers to be elected at those times, 
which lists in cities shall be by precincts separately ; and 
shall, at least twenty days before the annual city or town 
elections and at least thirty days before said Tuesday after 
the first Monday in November annually, cause such lists 
in towns to be posted up in two or more public places, 
and in cities each precinct list in one or more public places 
in each precinct respectively. 

Section 28. The names of women may be placed 
upon a separate list; and, when the name of any woman 
has been placed upon the list of voters of a city or town, 
it shall remain on the list as long as she continues to 
reside in such city or town, and has paid any state, county, 
city or town tax that has been assessed on her or her trustee 
in this state within two years next preceding any election ; 
provided that the facts relating to residence shall be fur- 
nished to the registrars each year prior to the close of 
registration. 

Section 29. The place of residence of each voter, on 
the first day of May next preceding the making up of the list 
of voters, shall be entered thereon opposite the name of the 
voter : and in cities the name of each voter shall be entered 



1884. — Chapter 298. 283 

upon the list of the precinct in which he was assessed, 

or if not assessed, where he was liable to assessment. 

When a person becomes an inhabitant of a city after the Name to be 

first day of ^May, and before an election at which he is eSn wiucT 

entitled to vote, his name shall be entered on the list of ^^;; ^[^^^Y^^™ 

the precinct of which he first becomes an inhabitant. 

Section 30. The clerk of each city or town shall, on cierktosend to 
the first day of every month, and also two days before names of per- 
every election, send to the registrars of voters a list, eons deceased. 
which in cities shall be by precincts, of male persons over 
twenty-one years of age deceased within the preceding 
month, or since the last time of sending such list; and 
the names of snch persons found upon the list of voters 
shall be erased therefrom. 

Section 31. At any election other than the annual ?^''*°"J,oX'; 
state election, a person who has removed from one precinct to vote 

, ..1 • .1 -i 1 11 i. • as at preceding 

precinct to another, within the same city, snail vote in state election. 
the precinct in which he was entitled to vote at the last 
preceding annual state election. 

Section 32. Upon a complaint in writing under oath Names regis- 
made by a registered voter in a city at least seven days, stdcke^froin 
or in a town at least four days, before an election, setting noUcfandTx- 
forth that he has reason to believe, and does believe that imination. 
a certain person is illegally registered, and the reasons 
therefor, the registrars shall re-examine the matter of 
the registration of such person, and if there shall appear 
to be probable ground for such complaint, they shall make 
a record thereof and shall summon such person to appear 
before them and examine him under oath in regard to the 
matter set forth in the complaint ; they may hear other 
and further evidence relative thereto, and, if satisfied that 
his name is entered upon the list of a precinct other than 
where he ought to be registered shall transfer his name to 
the list of the proper precinct and notify the assessors of 
such change or if satisfied that he is not a qualified voter, 
they shall strike his name from the list. Said summons 
shall be directed to the person named in said affidavit, 
and shall require him to appear before said board of regis- 
trars at a time and place therein named, which time shall 
be before the election next ensuing, then and there to 
show cause why his name should remain upon the regis- 
ter of voters, and a copy of this section shall be printed 
upon the face of said summons. Service of the summons 
shall be made by an oflicer duly qualified to serve civil or 



284: 



1884 — Chapter 298. 



Applicationo, 
etc., to be pre 
served. 



Sessions of reg- 
istrars in towns 



servnceofsum- criminal process, by delivering to the person named there- 
in a copy thereof attested by the officer who serves it, or 
by leaving such copy for him at his last and usual place 
of abode known to the officer, not more than fourteefi days 
nor less than twenty-four hours before the return day 
thereof, and such officer shall return said summons to said 
registrars before the return day thereof, with a certificate 
of service endorsed thereon. If, after service of said sum- 
mons in the manner aforesaid, a person shall fall to appear 
as directed therein, without sufficient cause being shown 
therefor, his name shall be stricken from the register of 
voters. 
affidivit'tol'r Section 33. Whoever shall knowingly or wilfully 
deemed perjury, make a falsc affidavit, under the preceding section, re- 
garding the qualifications of any voter shall be deemed 
guilty of perjury. 

Section 34. All applications, certificates or affidavits 
taken by the registrars of voters under this act and acts 
in amendment hereof, shall be preserved for two years. 

Section 35. The registrars of voters in towns shall 
be in session at some convenient place until ten o'clock in 
the afternoon on the Wednesday next preceding all meet- 
ings for the election of town, county, district, state or 
national officer.s, and for such time previous thereto as 
they may judge necessary, for the purpose of receiving 
evidence of qualifications of persons claiming a right to 
vote in such elections, and of correcting the list of voters; 
and they shall give notice of the time and place of holding 
the sessions upon the lists posted up as provided in section 
twenty-seven, and shall also state therein the day of the 
month when registration will cease, and that after the 
close of registration no name will be entered on the list 
of voters except as hereinafter provided. 

Section 36. The registrars of voters in cities shall be 
in session until ten o'clock in the afternoon of the Satur- 
day next but one preceding the day of any election, and 
for such time previous thereto as they may judge nec- 
essary, for the purpose of receiving evidence of the 
qualifications of persons claiming a right to vote, and of 
correcting the list of voters ; and they shall give notice of 
the time and place of holding the sessions upon the lists of 
voters posted up as provided by section twenty-seven, and 
shall also state therein the day of the month when regis- 
tration will cease, and that after the close of resristration 



Sessions of reg 
istrars in cities. 



1 884. — Chapter 298. 285 

no name will be entered on the list of voters except as here- 
inafter provided. 

Section 37. The registration of voters in towns shall uegiBtration to 

1 1 • 1 r /• 1 -»XT 1 1 cease iii towns 

cease at ten o clock m the aiternoou ot the Wednesday at looviock 
next preceding the day of any election, and in cities at day' next pre""^*" 
ten o'clock in the afternoon of the Saturday next but one andif cukJ a"' 
preceding the day of any election ; and no name shall be en- „" "^e siuufday 
tered on the list of voters of any city or town after the next but one 
close of registration unless the qualifications of the person tion. 
as a voter have been determined by the registrars of voters 
at some meeting held before the close of registration ; such 
fact to be verified by the certificate of the clerk of the 
board of registrars. 

Section 38. The registrars of voters, before entering Naturalization 
upon the regi(?ter the name of a naturalized citizen, shall produced for in- 
require him to produce for their inspection his papers of ^p^ction. 
naturalization, and to make oath that he is the identi- 
cal person named therein ; they shall be satisfied that he 
has been legally naturalized, shall make a record or memo- 
randum upon said papers of the date of such inspection and 
shall enter upon the said register the name and location 
of the court by which said papers were issued with the 
date thereof. They need not require the production of 
such papers after they have once examined and passed 
upon them. 

Section 39. Registrars of voters shall not register voters not to be 
voters in secret session, but publicly, and shall ajfford to secret^essi'on, 
a reasonable number of persons of the various political i^"^ pu^^i'^iy- 
parties, opportunity to witness such registration ; and the 
register of voters and the record of the clerk of the board 
of registrars shall at all reasonable times be open to public 
inspection, without charge, at the office of the authorities 
with whom they are deposited. 

Section 40. The board of registrars shall possess full Registrars may 

. .. 1-11 1 /• miiiiitain order 

authority to maintain regularity and order and to entorce and enforce 
obedience to their lawful commands in proceedings before theirTaw^ur 
them, and shall have full authority to preserve peace and '=*^™'"'*i>^«- 
good order at and around the place Avhere their sessions 
are held, to keep the access thereto open and unobstructed, 
and may call upon constables, police officers and other 
persons, if necessary, to communicate their orders and 
directions and to assist in the performance of the duties in 
this section enjoined. 

Section 41. If any person shall refuse to obey the pereon offend- 



286 



1S8L- Chapter 298. 



ing be taken 
Into custody. 



Detail of police 
oflicera to main- 
taiu order. 



Name not to be 
added to voting 
list until re- 
corded in 
register. 



Name omitted 
through a mis- 
take by the as- 
sessors may be 
placed upon list 
of voters after 
registration 
ceases. 
1882, 268. 



Certificate of 
right to vote to 
be given, if ap- 
plication is 
made on day of 
election. 



lawful command of the registrars or by disorderly conduct 
in their presence or hearing shall interrupt or disturb their 
proceedings, they may make an order directing any con- 
stable or police officer to take the person so offending into 
custody and detain him until the close of the session then 
being held ; but such order shall not prohibit the person 
so taken into custody from registering as a voter. 

Section 42. It shall be the duty of the chief execu- 
tive officer of the police force of a city, when requested so 
to do by the registrars of voters, to detail a sufficient 
number of police officers, who shall be stationed at the 
phice of meeting of said registrars and under their direc- 
tion shall preserve order and protect each and all of said 
registrars from any interference with or obstruction in the 
performance of their respective duties. 

Section 43. No name shall be added to the list of 
voters until it has been recorded in the register of voters, 
and all names stricken from the register of voters shall be 
stricken also from the list of voters ; no name shall be 
added to a list of voters in use at any election after the 
opening of the polls except to correct a clerical error or 
omission, and all names on lists of voters shall be written 
in full, or as provided in section eighteen. 

Section 44. If a qualified voter of any city or town 
whose name was on the list of voters of such city or town 
for the preceding year, who has been assessed for a poll 
tax for the current year, and who has paid a state or 
county tax assessed upon him for the preceding or current 
year, finds after the close of registration that his name is 
not placed on the list of voters for the current year by 
reason of the same being omitted by clerical error or 
mistake from the list of polls as assessed and transmitted 
by the board of assessors to the board charged with the 
preparation of the list of voters, the board of assessors 
shall, upon the personal application of such voter, correct 
such omission or mistake, and give to him a certificate of 
such correction, to be presented by him in person to the 
board charged with the preparation of the list of voters, 
who shall, on the receipt thereof, place the name of such 
voter on the list of voters of the precinct or town in which 
he was entitled to be registered ; or if application is made 
on the day of election the said board last mentioned shall 
give to such voter a certificate, on presentation of which 
to the election officers of his precinct or town he shall be 



1884. — Chapter 298. 287 

allowed to vote therein ; and such certificate shall be 
returned and preserved in like manner as the ballots cast 
in such precinct or town. 

Section 45. If the name of a qualified voter shall be Name may be 
erroneously erased from the published list of voters or [f erroneously * 
omitted therefrom by clerical error, he may apply to the "'"*'''^- 
registrars of voters at any time before the closing of the 
polls for its restoration ; and if he shall prove that his 
claim be valid his name shall be restored to the list of 
voters, and he shall be given a certificate thereof, if such 
restoration is made on the day of election ; on presenta- 
tion of which to the officers of the precinct in which he 
was entitled to be registered, he shall be allowed to vote 
therein ; and the certificate shall be returned and pre- 
served in like manner with the ballots cast in said 
precinct. 

yECTioN 46. At any election held in a city between in cities, when 
the day of the municipal election and the day of the annual p^ecldingeicc- 
state election the list of voters prepared for the preceding ^ged/'"'''^ ^^ 
municipal election shall be used, subject to the changes 
and erasures provided for by law. 

Sectiom 47. If the registrars have duly entered on the Registrars not 
list of voters the names of all persons upon the register of omiTs'iouB'.'^ ^""^ 
voters they shall not be answerable for any omissions from 
said list of voters. Assessors and collectors shall when Assessors and 
requested furnish any information in their possession funfishiufo'tma- 
necessary to aid said boards of registrars in the discharge t'""- 
of their respective duties. 

Section 48. Wherever under this act examinations in examinations, 
are authorized or required to be made under oath, or an admfnMured\y 
oath is authorized or required to be made, such oath may •"'^K'^tnirs, etc. 
be administered by a registrar or by an assistant registrar. 

Section 49. Towns having less than three hundred selectmen and 
registered voters shall be exempt from the requirements of registrars in 
section fourteen of this chapter, and in such towns the i^s^'lLnXee 
selectmen and town clerk shall constitute a board of regis- iJl."d'^uter^.''*' 
trars of voters, and shall perform all the duties and be 
subject to all the liabilities imposed by this act, and acts 
in amendment hereof, upon registrars of voters. But 
whenever, in any town now exempted by this section, the 
register of voters shall be found to contain as many as 
three hundred names, said section fourteen shall apply, 
and in the month of March or of April next thereafter, a 
board of registrars shall be appointed. 



288 



1881. — Chapter 208. 



Supervisors of 
registration 
may be ap- 
pointed by the 
governor and 
council, upon 
petition of ten 
votes in any city 
or town. 



Penalty for pre- 
venting super- 
visor from dis- 
charging his 
duty. 



Penalty on reg- 
istrar for neg- 
lecting to re- 
quire applicant 
to read and 
write, and then 
placing his 
name upon 
register. 



Penalty for pre- 
venting the reg- 
istration of a 
legal voter, or 
registering the 
name of one un- 
qualified to vote. 



Penalty on city 
or town officer 
for neglect. 



Penalty for reg- 
istering in more 
than one place, 
for registering 
knowing that he 
is not qualified, 
or for falsely 



Section 50. On the petition of not less than ten quali- 
fied voters in any city or town, the governor, by and with 
the advice and consent of the council, shall appoint two 
supervisors, able and discreet men, one from each of the 
two leading political parties, who shall be authorized to 
attend all sessions of the board of registrars in said city 
or town, or in the city of Boston all sessions of such 
assistant registrars as may be named or described in such 
petition, and who shall have the right to affix their signa- 
tures to the register of voters and lists of voters for 
purposes of identification, and to attach thereto any state- 
ment touching the truth or fairness thereof which they or 
either of them may ask to attach, and any one who shall 
prevent any person so appointed from doing any of the 
acts authorized as aforesaid, or who shall hinder or molest 
any such person in doing any of said acts, or shall aid or 
abet in preventing, hindering, or molesting any such per- 
son in respect of any such acts, shall be punished by im- 
prisonment in jail for not more than one year. 

Section 51. Any registrar of voters who shall refuse 
or wilfully neglect to require an applicant for registration 
to read and write, as directed by the constitution and 
section twenty of this act, and shall then place or know- 
ingly suffer to be placed or remain upon the register of 
voters the name of such applicant, shall be punished by a 
fine of not more than five hundred dollars or by imprison- 
ment in jail for not more than one year for each otfence ; 
and any registrar who knowingly and wilfully prevents, 
or seeks to prevent, the registration of any legal voter, or 
knowingly and wilfully registers the name of any person 
not qualified to vote, or who shall wilfully violate any of 
the provisions of this act, or be guilty of any other fraud 
or corrupt conduct in the execution of the duties of his 
ofBce, shall be punished by a fine of not more than three 
hundred dollars for each offence ; and any other city or 
town officer who wilfully neglects or refuses to perform 
any duty required of him by this act and acts in amend- 
ment hereof, shall, except as provided in section ten, 
forfeit for each offence a sum not exceeding two hundred 
dollars. 

Section 52. Any person who shall cause his name to 
be registered as a voter in more than one town or precinct, 
or who shall cause his name to be registered knowing that 
he is not a qualified voter in the city, town, or precinct 



1884. — Chapter 299. 289 

where said registry is made, or who shall falsely personate repiesenting 

4.-4. 4. r 4-U I' another person, 

or attempt to so personate any person tor the purpose ot etc. 
passing the reading or writing test, or for any other pur- 
pose before a registrar of voters, and any person who 
shall give a false name or false answer to a registrar con- 
cerning any matter relating to the registration of voters, 
or to the right of any person to vote, and any person 
causing any such act or aiding or abetting any person in 
any manner in either of said acts shall be punished for 
each and every offence by a tine of not more than three 
hundred dollars, and by imprisonment in jail for not more 
than one year. 

Section 53. The provisions of this chapter shall not spedai laws re- 
be deemed to repeal the special laws relating to assess- ment^a\?d*regi8- 
ment and registration in the city of Boston ; but chapter ton*no" repealed. 
six of the Public Statutes, chapter one hundred and 
ninety-three of the acts of the year eighteen hundred and Repeal, 
seventy-seven, chapters two hundred and forty-seven and 
two hundred and sixty-eight of the acts of the year 
eighteen hundred and eighty-two, and all acts and parts 
of acts inconsistent herewith, are hereby repealed. 

Section 54. This act shall take effect upon its passage, Not to affect 
but any election which may be held previous to the next pr^el-ious t^o'^next 
state election shall be conducted according to the pro- stat^^ e'ection. 
visions of law heretofore regulating the same. 

Approved May 29, 1884. 

An Act concerning elections and voting therein. CA«^.299 

Be it enacted, etc., as follows: 

Section 1. Meetings for the election of national, state, Meetings may 
district, county and municipal officers may be opened as eari'yas'f "^ 
early as seven o'clock in the forenoon ; and in no case ^otTo ifekept 
shall the polls be kept open after the hour of sunset, open after 
Such officers shall be voted for on one ballot, and notice 
thereof shall be given in the warrant calling the meeting. 

Section 2. In cities such meetings shall be opened as to be opened in 
early as ten o'clock in the forenoon of the election day, loo'ciocn.M.r 
and shall be called according to the provisions of the city aueart^six^''" 
charters and the acts in addition thereto, and warrants for ^oms. 
notifying such meetings shall specify the time when the 
polls for the choice of the several officers will be opened 
and when they will be closed, and the polls shall be kept 
open at least six hours. 



290 



1884. — Chapter 299. 



Cities to be 
divided into vot- 
ing precincts. 



Boundaries of 
precincts shall, 
as far as pos- 
sible, be centre 
lines of known 
streets. 



Precincts to be 
designated by 
numbers, etc. 



"When a ward of 
a city is divided 
into precincts, 
map or descrip- 
tion to be pub- 
lished and 
posted. 



Section 3. The several cities of this state shall be 
divided by the mayor and aldermen of said cities, respect- 
ively, into convenient voting precincts for the holding of 
all meetings for the choice of all officers who are elective 
by the people. Every ward in a city containing not more 
than five hundred voters shall be a voting precinct ; every 
ward in a city containing more than five hundred voters 
and not more than eight hundred voters may, in the cur- 
rent year or in any year thereafter, on or before the first 
Monday of July, be divided by the mayor and aldermen 
of such city, if they shall deem it expedient, into two 
precincts, to contain as nearly as may be an equal number 
of voters, and such ward if not so divided shall be a 
voting precinct; and every ward of a city containing 
more than eight hundred voters, on or before the first 
Monday of July in the current year, and as often annually 
thereafter as may be necessary or expedient, shall be 
divided by the mayor and aldermen of such city into two 
or more voting precincts, consisting of compact and con- 
tiguous territory in such manner that each precinct shall 
be entire within one ward, and shall contain, as nearly as 
may be, an equal number of voters. The boundaries of 
such precincts shall, as far as possible, be the centre lines 
of known streets or ways, and no precinct shall contain 
more than eight hundred voters. The registration of 
voters in the year eighteen hundred and eighty-three 
shall be taken as the basis of the division in the current 
year, and a division in any other year shall be made on 
the basis of the registration in the preceding year. After 
the division of any city into new wards as now provided 
by law, said wards shall be divided into voting precincts 
according to the provisions of this section. Said precincts 
shall be designated by numbers or by letters of the 
alphal)et. 

Section 4. Whenever a ward of a city shall be 
divided into two or more precincts, the mayor and alder- 
men shall immediately cause the same to be published, 
by making a map or description of such division, defining 
it by known boundaries, and posting such map or descrip- 
tion in at least ten of the most public places in each 
precinct of such ward ; and the mayor and aldermen shall 
also cause a reasonable number of copies of such map or 
description to be furnished to the registrars of voters, the 



1884. — Chapter 299. 291 

assessors of taxes and the election officers in each precinct 
in said city. 

Section 5. The board of aldermen of each city, thirty rolling places 
days at least before the day of each election, shall designate thirty days 
and appoint the polling place in each of the voting pre- erection.''^ ° 
cincts in such city, and procure the same for such purpose, 
and cause it to be suitably fitted up and prepared therefor ; 
and they shall thereupon cause to be posted in at least 
ten public places in each precinct a printed description 
of the place so designated, and shall give such other pub- 
lic notice thereof as they may think necessary or proper. 
Such polling place shall be in the most public, orderly 
and convenient portion of the precinct, and no building 
or part of a building shall be so designated or used in 
which, or in any part of which, intoxicating liquor is sold, 
or has been sold, within thirty days next preceding the 
day of election. 

Section 6. All requirements of law in regard to the Requirements of 
preparation, publication, posting or use of ward lists in waT(i"ii8t8ap-*° 
cities shall be held to be complied with, by the employ- SfTie?!?"' 
ment in each precinct of precinct lists of like description 
in all respects, of all the legal voters therein, and the re- 
quirements of law now applied to ward lists shall be, as 
far as practicable, applied to precinct lists of voters. 

Section 7. In each voting precinct there shall be the Election officers 
following election officers, that is to say: — The mayor prldnct!°'°^ 
at some time between the first and the twentieth day of 
September in each year shall, with the approval of the 
board of aldermen, appoint for each voting precinct one 
warden, one deputy warden, one clerk, one deputy clerk, 
two inspectors and two deputy inspectors, qualified voters 
in the ward of which each precinct forms a part, men of 
good repute and standing, who shall equally' represent 
each of the two political parties which cast the largest 
number of votes in the Commonwealth at the annual elec- 
tion next preceding their appointment. The warden and 
one inspector shall be of a different political party from 
the clerk and other inspector and each deputy shall be of 
the same political party as his principal. Each of said officers to be 
officers shall be sworn to the faithful performance of his 
duties, and shall hold office for one year from the first 
day of November in the year in which he is appointed, 
and until a successor is appointed and qualified or he is 
removed. Any one of said officers may be removed at 



292 



1884. — Chapter 299. 



Vacancy. 



Persons 
appointed to be 
sworn. 



If certain offi- 
cers are absent, 
places may be 
filled by 
election. 



Election offlceri 
to attend at all 
elections. 



any time by the mayor, with the approval of the board of 
aldermen, upon written charges of incompetence or 
official misconduct preferred either by the city clerk 
or by not less than six qualified voters of the ward 
in which the officer is appointed to act. In case of any 
vacancy occurring before the first day of November in any 
year, or in case either of said officers shall decline to act, 
and shall give notice thereof to the city clerk on or before 
said first day of November, the mayor, with the 
approval of the board of aldermen, shall appoint some 
person qualified as aforesaid to fill said office ; and in 
making such appointment he shall preserve in the precinct 
offices the just and equal representation of the two leading 
political parties. Every person so appointed shall be 
sworn to the faithful performance of his duties. Every 
nomination made by the mayor under this section shall 
be acted on by the board of aldermen not less than 
three nor more than ten days after it shall have been 
made. In case of a vacancy in the office of warden, clerk 
or inspector of a precinct on the day of any election, the 
person appointed as deputy of said warden, clerk or 
inspector shall act in bis place, and shall have the same 
powers and be subject to the same duties and liabilities as 
the officer for whom he acts. No deputy precinct officer 
shall have power to act in any official capacity, or while 
the polls are open or during the counting of the votes be 
admitted to the space reserved for the precinct officers, 
except while filling a vacancy as aforesaid ; and he shall 
receive no compensation except for attendance at the 
opening of the polls or for services while acting for the 
officer whose place he fills. In case the warden and 
deputy warden, or the clerk and deput}'^ clerk, or one of 
the inspectors and his deputy are absent at the time 
designated for the opening of the polls on the day of any 
election, a suitable person shall be elected by the voters 
of said precinct, by nomination and hand vote, with full 
power to act for the time being in place of the absent 
officer, and before entering upon the performance of his 
duties he shall be sworn by the warden or clerk or, in the 
absence of both of said officers, by a justice of the peace 
to the faithful j^erformance thereof. 

Section 8. Such election officers shall attend at the 
times and places designated for meetings in their 
respective precincts, for the election of any national, 



1884. — Chapter 299. 293 

state, district, county, city or ward officers, or for the deter- 
mination of any question submitted to the qualified voters by 
lawful authority, and shall have the same powers, and, 
except as otherwise provided, be subject to the same 
duties and liabilities as the wardens, clerks and inspectors 
now holding office under existing laws, and shall receive 
such reasonable compensation for each day's actual service 
as the city council of their respective cities may from time 
to time determine. No person shall be eligible to the Not eligible as 

.. , . . /r. • • 1. u u • _ 'in election oflH- 

position ot election officer in any precinct wiiere tie is cer in precinct 
a candidate to be voted for, and whenever any person ^]^Zlidlleto 
appointed as aforesaid becomes such candidate he may, be voted for. 
upon petition therefor, be removed by the mayor not less 
than three days before any election. 

Section 9. Upon the petition in writins; of ten quali- supervisors of 

_, /... , iii j.i' i- elections may be 

tied voters of a city or' town, presented to the governor at appointed upon 
least fourteen days before any election of state, district, Pofere." °^ '"" 
county or municipal officers, he shall appoint, by and with 
the advice and consent of the council, for such town or for 
each of such voting precincts as may be named in said peti- 
tion, two citizens, residents of such city or town, to act as 
supervisors at the said election. Said supervisors shall be To be appointed 

. T n i/>,i^ IT ^•..• \ f'"oni each of the 

appointed one from each ot the two leading political par- two leading 
ties, and shall be present at the several precincts for which P'"*'^«- 
they are appointed, and witness throughout the conduct 
of the voting and counting of the votes, and remain where 
the ballot-boxes are kept at all times after the polls are 
open and until the votes are duly sealed in the envelope 
for transmission to the authorities entitled to receive the 
same. Said supervisors, and either of them, shall have the 
right to affix their signatures or his signature to the certiii- 
cate of the number of votes cast, for purposes of identifica- 
tion, and to attach thereto any statement touching the truth 
or fairness thereof which they or he may ask to attach. 
Any one who shall prevent any person so desi^natpd from Penalty for hin- 

1 • <> I 1 • 1 1 ii • i- V dering super- 

doing any or the acts authorized by this section, or wno visors in execu- 

shall hinder or molest any such person in doing any of du,"ie°8!^'"'"^ 

said acts, or shall aid or abet in preventing, hindering or 

molesting any such persoji in respect to any such acts, 

shall be punished by imprisonment in jail for not more 

than one year. 

Section 10. The secretary of the Commonwealth shall ^^^;?^|''^Ji?^t. 

provide every city and town with a ballot-box for use at boxes at expense 

1 11. . 1 /• i- f ii 1 i* of the Common- 

each polling precinct or place or meeting tor the election wealth. 



294 



1884. — Chapter 299. 



Ballots to be 
cancelled. 



All ballots to be 
cast in such 
boxes. 



If ballot-box 
thus furnislied 
cannot be used, 
balloting shall 
proceed as pre- 
siding officers 
direct. 



Cancellation of 
sealed envelope 
to be deemed 
cancellation of 
ballot. 



City and town 
clerks to pro- 
vide places of 
safe keeping for 
boxes and see 
that they are 
kept iu repair. 



Penalty for -wil- 
fully injuring 
ballot-box. 



of national, state, district, county or municipal officers. 
Said boxes shall be approved by the secretary, treasurer, 
and auditor of the Commonwealth, or by a majority of 
them, shall have sufficient and secure locks and keys, or 
seal fastenings, and shall contain mechanical devices for 
receiving, registering and cancelling every ballot deposited 
therein ; but no such box shall record any number or 
mark upon any ballot or envelope by which said ballots or 
envelopes can be distinguished from each other. Said 
ballot-boxes shall be purchased by the secretary, at a price 
not exceeding tifty dollars each, and shall be paid for out 
of the state ireasury. 

Section 11. All ballots cast at any such election held 
on or after the first day of November, in the year eighteen 
hundred and eighty-four, shall be deposited in such boxes, 
and no ballots shall be counted in ascertaining the result of 
such election unless so deposited and cancelled, or depos- 
ited in accordance with the two following sections. 

Section 12. If for any cause it shall become impossi- 
ble at any election to make use of the ballot-box furnished 
by the secretary of the Commonwealth as herein provided, 
the balloting shall proceed as the presiding officers at said 
election shall direct; the clerk shall make a record of the 
facts pertaining thereto and return an attested copy of his 
record thereof enclosed in the envelope provided accord- 
ing to law for the return of the ballots cast at such elec- 
tion. 

Section 13. If a ballot shall be cast enclosed in a 
sealed envelope as provided by law, the cancellation of 
said envelope shall be deemed a cancellation of the ballot, 
and the presiding officer at said election shall preserve said 
ballot, replaced in the envelope which enclosed the same, 
with the other ballots cast at said election. 

Section 14. City and town clerks shall, at the ex- 
pense of their cities and towns, provide therein places for 
the safe and suitable keeping of the ballot-boxes furnished 
by the Commonwealth ; shall have the care and custody 
thereof; shall see that they are kept in good order and 
repair ; and if any of them are lost, destroyed or irrepara- 
bly damaged, shall, at the expense of said city or town, 
replace the same by similar ballot-boxes, approved as in 
section ten of this act. 

Skction 15. Whoever wilfully or maliciously destroys 
or injures a ballot-box, or the mechanism thereof, shall be 



1884. — Chapter 299. 295 

punished by imprisonment not exceeding one year, and 
by a fine not exceeding five hundred dollars. 

Section 16. In cities the city clerk shall send to the Boxes to be sent 
ofiicers of each precinct, before the opening of the polls ceMrbetbre^'the 
on every election day, the ballot-box furnished by the sec- opened?on 
retary of the Commonwealth, with such seals and other every election 
ballot-boxes as may be approved by the board of alder- 
men. At the opening of the polls in each precinct, and 
before any ballots are received, the ballot-box shall be 
publicly opened and shown to be empty, and the election 
officers shall, by personal examination, ascertain that the 
same is empty, after which immediately the box shall be 
locked or fastened, a record of the condition of the box 
register made by the clerk, and the key taken, if one be Keyofboxtobe 
used, and retained by the constable or police officer in ceHnlttend- 
attendance at said precinct. The ballot-box shall not be '*"°^" 
removed from the public view, after it is so shown to be 
empty, until all ballots have been removed therefrom and 
the I30X has been relocked or sealed. No ballot shall be 
removed from the ballot-box in any precinct while the 
polls are open, and the box shall not be opened except 
that, in order to make room for the deposit of all ballots, 
the warden may, in the presence of all the election offi- 
cers, open the Idox and pack and press down the ballots 
therein. 

Section 17. Whenever any person offers to vote he Person offering 
shall give his name, and if requested so to do, his resi- hVnLmVetf'to 
dence, to the warden or presiding officer of the precinct, ^h^'o'shafi a?-"^*^ 
■who shall thereupon announce the same in a loud and pounce the same 

/> • 1 T 1 1 1 • /• 1 '" '^ ^""'^ voice. 

distinct tone of voice, clear and audible, and it such name 
is found upon the check list by the election officer having 
charge thereof, he shall, in a loud and distinct tone of 
voice, clear and audible, repeat said name, and the voter 
may then deposit his ballot in the box, with the face Baiiot to be de- 

dT ii?iii • ij 1 posited face 

ownwards, open and unfolded, or in a sealed envelope, downwards. 

and his name shall be immediately checked on said list. 

The officers in charge of the box and the list respectively 

shall be of different political parties. 

Section 18. The board of aldermen may pass such Regulations as 

regulations in regard to the use of the seals and ballot- andboxes^* 

boxes and the manner of receiving, counting and return- turnhlg^voteV^' 

ing the votes as they may deem expedient, provided such ™"y^:?P*"®- 

G J J I _ ■> 1 _ _ scribed by 

regulations are not inconsistent with the provisions of aldermen. 
law ; and if any person wilfully neglects or refuses to 



296 



1884. - Chapter 299. 



Votes to be re- 
ceived, etc., and 
declared in open 
meeting. 



Names checked 
on list to be 
counted aloud. 



Box, witliont 
being removed 
from public 
view shall be 
opened by pre- 
siding officer. 

Ballots to be 
counted aloud. 



Precinct clerks 
to deliver certi- 
fied copies of 
records to city 
clerks. 



Sections 16, 17 
and 19 to apply 
to elections in 
towns, except 
where there are 
more than COO 
voters, the 
check lists may 
be counted after 
the ballots. 



comply with any of such regulations, he shall be punished 
by fine not exceeding one hundred dollars, or by imprison- 
ment in the house of correction not exceeding six months. 

Section 19. The votes in elections for national, state, 
county, district and municipal officers shall be received, 
sorted and counted by the selectmen and by the election 
officers, and public declaration made thereof in open town 
or precinct meetings. As soon as the polls are closed the 
selectmen and town clerk or election officers shall proceed 
to canvass the votes ; such canvass shall be public, and 
shall not be adjourned or postponed until it shall have 
been fully completed. As soon as the polls are closed, a 
record shall be made by the clerk of the condition of the bal- 
lot-box register ; the officer in charge of the check list or list 
of voters shall, in the presence of the other officers and the 
public, count in a distinct and audible voice the names 
checked on said list and announce the whole number 
thereof; the ballot-box, without being removed from the 
public view, shall then be opened by the warden or' pre- 
siding officer ; the ballots shall be taken therefrom and 
audibly counted one by one, and when the count is com- 
pleted the whole number of ballots cast shall be announced 
and the counting of the number of votes received by each 
person voted for shall then proceed. All ballots after be- 
ing removed from the box shall be kept within the unob- 
structed view of the voters present at the place of meeting 
until they are placed in the envelope as required by law. 
The total number of ballots cast, the names of persons 
voted for, the number of votes received for each person, 
and the title of the office for which he is proposed, together 
with the number of blank votes for each office shall be 
entered in words at length by the town, ward, or precinct 
clerks in their respective records. The precinct clerks 
shall forthwith deliver certified copies of such records to 
the city clerks, who shall forthwith enter the same in the 
city records. 

Section 20. Sections sixteen, seventeen and nineteen 
of this chapter shall apply to the conduct of elections in 
towns, except that in towns having more than six hundred 
voters the counting of the check list may be made after 
the counting of the ballots ; and the ballot-box may be 
opened and ballots taken therefrom and counted whenever 
in the unanimous judgment of the selectmen, supervisors 
and town clerk it is necessary or advisable so to do. 



1884. — Chapter 299. 297 

Section 21. Votes for different persons for the same votes for difFer- 
office, found in one envelope or on one ballot, shall not be gameoflaceon 
counted, and if more than one vote for the same person brcount*ed"°"° 
for the same office is found in one envelope or on one 
ballot but one such vote shall be counted, and no vote 
shall be counted which does not clearly indicate in writing 
the office for which the person voted for is designed, ex- 
cept when but one officer is voted for. 

Section 22. In every election in a city, the warden votes to be se- 
er presiding officer shall cause all ballots given in by the enveiop"eanci be 
qualified voters of the precinct in which such election has havfng"^ee''n'" 
been held, after the same have been sorted, counted, de- counted, etc. 
clared and recorded, to be secured in an envelope in opon 
precinct meeting, and sealed with a seal provided for the 
purpose, and with the private seal of any election officer 
or supervisor who may desire to affix the same, and a 
majority of the election officers in each precinct shall en- EDdorsement 
dorse upon the envelope for what officers and in what fo'r°what^offl?ers 
precinct the ballots were received, the date of the election, predncu^''' 
and their certificate that all the ballots given in by the 
voters of the precinct, and none other, are contained in 
said envelope. 

Section 23. The warden or presiding officer shall Baiiots sealed 
forthwith transmit the ballots, sealed as aforesaid, to the transmitted to 
city clerk by the constable or police officer in attendance °"y*'®'^ ■ 
at said election ; and the precinct clerk shall retain the 
custody of the seal and deliver the same, together with 
the records of the precinct and other documents, to the 
city clerk at the close of the municipal year. 

Section 24. In every election in a city, in which a check ust to be 
check list is required by law to be used, the warden or seaiedfand 
presiding officer of each precinct shall cause the check list cuy cTer"^** *** 
so used to be enclosed and sealed in an envelope and trans- 
mitted in the same manner as the ballots cast at such 
election are required to be secured and transmitted ; and 
the election officers in each precinct shall certify on such 
envelope to the identity of the check list so enclosed. 
The city clerk may furnish a copy of a check list after it 
has been used in any precinct upon the application of not 
less than ten legal voters resident within the ward of which 
the precinct forms a part ; and immediately upon such 
copy being furnished, the check list shall be again sealed 
up. 

Section 25. Selectmen of towns and city clerks in check ii«tB to i>« 



298 1884. — Chapter 299. 

prf served like citles shall presei've in their custody the check list used at 

ballots. j^j^y election for the same length of time as is required 

by law for the preservation of ballots. And as soon as 

may be thereafter they shall transmit said lists to the clerk 

of the board of registrars of voters of their respective 

towns and cities, and said board shall preserve them for 

future reference in such manner as they may deem best. 

fainfngwio""" SECTION 26. City and town clerks shall receive the 

to be retained, euvclopcs Containing the ballots thrown at any election, 

sealed as provided in section twenty-two of this act and 

section thirty-one of chapter seven of the Public Statutes, 

and shall retain them in their care until the requirements 

To be destroyed of law havc bccu Complied with ; and as soon as may be 

ratk)n"unde""" thereafter, said clerks shall cause such ballots to be de- 

penaity. stroycd without examining them, or permitting them to 

be examined by any person whatsoever, and shall make ' 

an entry in the records of the city or town that they have 

been so destroyed ; and any such clerk who examines 

such ballots, or permits them to be examined, shall be 

punished by fine not exceeding two hundred dollars. 

Description of. SECTION 27. No persou shall print any ballot for use 

ballot permitted i • /> i i • i- • i t 

to be used. at any election tor the choice or any national, state, dis- 
trict, county, or municipal officers, or shall distribute at 
any such election any printed ballot unless such ballots 
are of plain white paper, in weight not less than that of 
ordinary printing paper, and are not more than five nor 
less than four and a half inches in width, and not more 
than thirteen and a half nor less than twelve inches in 
length, and unless the same are printed with black ink on 
one side of the paper only, and contain no printing, en- 
graving, device or mark of any kind upon the back thereof. 
'J he names of candidates shall be printed at right angles 
with the length of the ballot, in capital letters not less 
one-eighth nor more than one-quarter of an inch in height: 

Proviso. provided, however, that any ballot containing the names of 

less than four candidates may be not more and shall be 
not less than six inches in length. The name of any per- 
son appearing upon any ballot as a candidate for any oflSce 
shall not be repeated thereon with respect to the same 
office. Nothing herein contained shall authorize the re- 
fusal to receive or count any ballot for any want of con- 
formity with the requirements of this section. 

Penalty. SECTION 28. Whoevcr offends against any of the pro- 

visions of the preceding section shall be punished by fine 



1884. — Chapter 299. 299 

not exceeding one hundred dollars, or by imprisonment 
in jail not exceeding one year. 

Section 29. If, within thirty days next following the uponnoticeof 

J ' if ■ J 4. 1- acoiitosted 

day or an election, a person who received votes tor any election, cierk 
office at said election, serves by himself, his agent or at- enveioplcon- 
torney, upon the clerk of any town, a statement in writ- 'a>"i"g ^ai'ots. 
ing claiming an election to such office, or declaring an 
intention to contest the election of any other person who 
has received, or who may receive, a certificiite of election 
for the same, such clerk shall retain the envelope contain- 
ing the ballots thrown at such election, sealed as provided 
by law, subject to the order of the body to which either 
of said persons may claim or be held to have been elected, 
or of the board required by law finally to examine the re- 
turns and issue certificates of election, or until such claim 
is withdrawn or such election is decided by the authority 
competent to finally determine the same. In all such cierkmaybe 
cases said body or board may order the clerk of such town pearwith°"^ 
to appear before them and l)ring with him the envelopes tSnilrg^bluors. 
containing the ballots cast at said election. Said clerk 
shall appear according to said order, and said body or 
board may open said envelopes, recount the ballots therein, 
and amend the returns relating thereto in accordance with 
the result of such recount. 

Section 30. Whenever a recount of ballots is had ?f."';!.filLT- 

QiaateB may be 

under the preceding section, the provisions of chapter present at 
forty-two of the acts of the year eighteen hundred and 
eighty-three shall apply. 

Section 31. If, within six days next following the Recount of 
day of any election, ten or more qualified voters of any boaTddf aider- 
ward file with the city clerk a statement in writing that '"®"" 
they have reason to believe that the returns of the officers 
of certain precincts in said ward are erroneous, specifying 
wherein they deem them iu error, said clerk shall forth- 
with transmit such statement to the board of aldermen or 
the committee thereof appointed to examine the returns 
of said election. The board of aldermen, or their com- 
mittee, shall thereupon, and within eight days next fol- 
lowing the day of election, open the envelope or envelopes 
and examine the ballots thrown in said precinct, and de- 
termine the questions raised ; they shall then again seal 
the envelope, either with the seal of the city or a seal pro- 
vided for the purpose, and endorse upon said envelope a 
certificate that the same has been opened and again sealed 



300 1884. — Chapter 299. 

by them in conformity to law; and the envelope, sealed 
as aforesaid, shall be returned to the city clerk, who, 
upon the certificate of the board of aldermen, or of their 
committee, shall alter and amend such of the precinct re- 
turns as have been proved to be erroneous, and such 
amended returns shall stand as the true returns of the 
precinct. 
Aldermen not SECTION 32. The board of aldcrmcu shall uot declare 

to declare result i /. . • -i i • ,» />!• 

of election until the rcsult ot an election until the time tor tiiinff a request 

time for recount /. x/'ii.i -i ' p i. 

has expired. lor a rccouut oi Oallots has expired, or, in case ot such 
request havinof been made, until the said ballots have been 
examined and the returns amended, if found erroneous ; 
any provision in the charter of any city or in any act in 
amendment thereof to the contrary notwithstanding. 

City clerk to SECTION 33. The clcrk of each city shall furnish to 

furnish precinct ,,,,., . i /> •. i i i 

clerks with seal the clcrks ot the scvcral precincts a seal ot suitable ae- 
envetopes! "'' vicc, the dcslgu for which shall include the number or 
designation ot* the ward and ot the precinct for which it is 
furnished, and said seal shall be used in sealing the envel- 
opes as required by law at any election. 
County commis. SECTION 34. Scctiou fifty of chapter seven of the Pub- 

Bioners to notify , . ,^ . , , -, i i ■% i- 1 1 

person chosen lic Statutcs IS hereby amended to read as tollows : — 
reglster^of"^ Couttty commissioucrs shall, on the first Wednesday of 
''*''*'*• the month next succeeding an election for county treas- 

urer or register of deeds in their county, open and 
examine the returned copies of records of votes at such 
Also to notify elcctiou aud notify the person chosen of his election ; they 
t esecietaiy. gj^.j|i jj]gfj forthwith uotify the secretary of the Common- 
wealth of the name and residence of every person so 
chosen and the date when his term of service will expire ; 
and shall give the like notice of any vacancy in either of 
said offices. In Suffolk County the board of aldermen of 
Boston, within ten days after an election for register of 
deeds for said county shall so open and examine the votes 
of such election and give notice as above provided. 
If it appears Section 35, If upon examination of the copies of the 

ordisincom- rccords of votcs, as required by section forty-eight ofchap- 
Siw^co*^y may tcr sevcu of the Public Statutes and section fifty of the 
be required. game chaptcr, amended by this act, it shall appear to the 
board of examiners or county commissioners that any 
such copy is incomplete or erroneous, they may order a 
new copy of the record to be made and transmitted in the 
manner provided for making and transmitting the original 
New copy to be rctum. Said new copy shall be returned by the clerk of 



188i. — Chapter 299. 301 

the city or town within seven days after the date of the returned within 
order requiring the same to be made, and if adjudged to be *'*^*° "^*" 
correct and in conformity to the requirements of law, 
shall thereupon have the same force and effect as an orig- 
inal return correctly made and transmitted. 

Section 36. Any city or town officer wilfully neglect- penalty on city 
ing or refusing to perform the duties required of him under foVn7g°ecu°'^'^ 
the preceding section and section twenty-nine shall for 
each olfence forfeit a sum not exceeding two hundred 
dollars. 

Section 37. Precinct officers shall possess full author- prednct officers 
ity to maintain regularity and order and to enforce p°ow'^rto"pre. 
obedience to their lawful commands during an election an"nrmmd '^^ 
and during the canvass of the votes after the closins: of poi''"gp''»ce- 
the polls, and shall have full authority to preserve peace 
and good order at and around the polling place and to 
keep the access thereto open and unobstructed, and may re- 
quire any police officers, constables or other persons 
present to communicate their orders and directions and to 
assist in the performance of the duties in this section en- 
joined. 

Section 38. It shall be the duty of the chief executive poiice officers to 
officer of the police force of each city to detail a sufficient poulng places! 
number of police officers for each voting precinct, who 
shall be stationed at each polling place in such precincts 
on the day of election to preserve order, and to protect 
each and all of said election officers and supervisors from 
any interference with or obstruction in the performance of 
their respective duties and to aid in enforcing the provis- 
ions of this act. 

Section 39. If any person shall refuse to obey the Arrest for dis- 
lawful commands of the election officers, or, by disorderly hi "presence of *"' 
conduct in their presence or hearing, shall interrupt or ''''"'''°" °^'"'"' 
disturb their proceedings, they may make an order direct- 
ing any constable or police officer, or other person, to 
take the person so offending into custody, and detain him 
until the final canvass of the votes shall be completed, but 
such order shall not prohibit the person so taken into cus- 
tody from voting at such election. 

Section 40. If any person shall wilfully disobey any Arrest for ..(,- 
lawful commands of the election officers, or shall wUfully arofon^hu" 
and without lawful authority obstruct, hinder or delay any piaL?'^°"'"^ 
voter on his way to any polling place where an election 
shall be held, or while he is exercising, or attempting to 



302 



1884. — Chapter 299. 



Penalty for 
illegal voting. 



Penalty for aid- 
ing in illegal 
voting. 



Penalty for 
alterint; ballot, 
or depositing 
ballot, -witli in- 
tent to cheat. 



Election laws of 
Boston not re- 
pealed. 

Repeal. 



exercise, the right of voting, or shall aid or assist in such 
obstruction or delay, he shall be punished by fine not ex- 
ceeding two hundred dollars, or by imprisonment in the 
house of correction for not more than one year. 

Section 41. Whoever knowing that he is not a quali- 
fied voter at an election wilfully votes for any officers to 
be then chosen, or whoever so votes more than once on 
his own name, or whoever so votes in more than one 
town, or voting precinct, his name having been registered 
more than once or. in more than one town, or voting pre- 
cinct, shall be punished by fine not less than three hun- 
dred dollars, or by imprisonment in jail for not less than 
three nor more than twelve months. 

Section 42. Whoever wilfully aids or abets any one 
not legally qualified in voting or attempting to vote at an 
election, shall forfeit a sum not exceeding two hundred 
dollars for every such ofience, or shall be punished by 
imprisonment in jail for not less than one nor more than 
twelve months. 

Section 43. Whoever, with intent to cheat or defraud, 
alters any ballot cast for any officer at any election held 
for the choice of public officers ; and whoever, with such 
intent, deposits any ballot in the ballot-box used at such 
election, or in the envelope used for the preservation of 
ballots cast at such election ; and whoever, with such 
intent, removes any ballot from such ballot-box or en- 
velope, — shall be punished by fine not exceeding five hun- 
dred dollars, or by imprisonment in the jail not exceeding 
three years. 

Section 44. The provisions of this chapter shall not 
be deemed to repeal the special laws relating to elections 
in the city of Boston. Sections one, two, sixteen, seven- 
teen, eighteen, nineteen, twenty, twenty-one, twenty-six, 
twenty - seven , twenty-eight, twenty-nine, thirty-four, 
thirty-six, thirty-eight, thirty-nine, fifty-one, fifty-two, fif- 
ty-five and sixty-two, of chapter seven of the Public Stat- 
utes, chapter two hundred and ninety-one of the acts of the 
year eighteen hundred and eighty-one, chapter seventy-four 
of the acts of the year eighteen hundred and eighty-two, and 
all acts and parts of acts inconsistent herewith, are hereby 
repealed ; and in the remaining sections of said chapter 
seven, wherever the terms "ward," "ward meetings" 
and " ward officers " occur, they shall be held to mean 



1884.— Chapters 300, 301. 303 

precinct, precinct meetings and precinct officers, or elec- 
tion officers, respectively, as described in this act. 

Section 45. This act shall take effect upon its passage ; Not to affect 
but any election which may be held previous to the next p/eWous t^o^'next 
state election, shall be conducted according to the pro- 
visions of law heretofore regulating the same. 

Ajjproved May 29, 1884. 

An act to change the name of the harvard clock company. 
Be it enacted, etc., as follows : 

Section 1. The name of the Harvard Clock Company, Name changed 

, . • J 1 iU II X* ii to the Boston 

a corporation organized under the general laws ot the ciockCom. 
Commonwealth, is changed to the Boston Clock Company, p'"^^- 
Section 2. This act shall take effect upon its passage. 

Approved May 29, 1884. 



state election. 



Chap.^O^y 



A.T!i Act relating to the powers of married women in the 

DISPOSAL OF their SEPARATE ESTATE BY WILL OR DEED. 



GJiap.^01 



Be it enacted, etc., as follows : 

Section 1. Section six of chapter one hundred and Rigttofmar- 

/>i-n.ii'i:-i !• •! /• i"ied women to 

Torty-seven or the rublic Statutes relating to the rights or dispose of prop. 
a married woman to make her will is hereby amended so deid. ^^' 
as to read as follows : — A married woman may make a will 
in the same manner and with the same effect as if she 
were sole, except that such will shall not, without the 
husband's written consent, operate to deprive him of his 
tenancy by the curtesy in her real estate, or of more than 
one-half of her personal estate. A married woman de- 
serted by, or living apart from her husband for a justifia- 
ble cause, when the proper court having jurisdiction of the 
parties and the cause of action, shall have entered a decree 
establishing the fact of such desertion by, or living apart 
from her husband for justifiable cause, may make a will in 
the same manner and with the same effect as if she were 
sole, and may by such will, or under such circumstances 
by deed, without her husband's written consent, dispose 
of all her real and personal estate. 

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

Approved May 29, 1884. 



304 1884. — Chapters 302, 303. 

C'Att7?.302 ^^ ^^"^ "^^ KEGULATE THE CONSTRUCTION AND OPERATING OF 
TELEPHONIC, TELEGRAPHIC AND OTHER ELECTRICAL LINES. 

Be it enacted, etc. , as follows : 
Penalty for SECTION 1. Everv corporatioD or person raaintaiuing: 

afiixins tele- . • . • 

phonic line, etc., or Operating a telephonic, telegraphic or other electrical 
anothM'^wfthout line, or any one who in any manner affixes or causes to be 
permission. affixcd to the property of another any post, structure, fix- 
ture, wire or other apparatus for telephonic, telegraphic 
or other electrical communication, or enters upon the 
property of another for the purpose of affixing the same 
without first obtaining the consent of the owner or lawful 
agent of the owner of such property, shall on complaint 
of such owner or his tenant, be punished by fine not ex- 
ceeding one hundred dollars. 
Nanaeofcorpo- SECTION 2. Evcry Corporation or person maintaining 
marked upon or Operating a telephonic, telegraphic or other electrical 
^^VeTin^is""^* line shall, at all places where such line is affixed by any 
affixed. post, structurc or fixture to the property of another, mark 

such post, structure or fixture in a clear, durable and legi- 
ble manner with the name of the corporation or person 
maintaining or operating such line, and any corporation or 
person failing to comply with the provisions of this section 
shall for each failure so to comply be punished by fine not 
exceeding one hundred dollars. 
To take effect SECTION 3. This act shall take effect on the first day 
of January in the year eighteen hundred and eighty-five. 

Approved May 29 , 1884. 

OA«7?.303 ^^ ^^"^ "^^ AMEND THE CHARTER OP THE CITY OP SPRINGFIELD IN 
RELATION TO THE ELECTION OF ALDERMEN. 

Be it enacted, etc., as follows : 

Election of SECTION 1. The aldcrmcu of the city of Springfield 

shall consist of one citizen from each ward elected at large 
for the term of two years by the qualified voteid of the 
city voting in their respective wards : provided, that after 
the first election under this act one-half of the number of 
said aldermen shall be elected in alternate years, to wit : — 
At the first municipal ejection after this act shall take 
effect an alderman shall be elected from each of the wards 
one, three, five and seven for the term of one year, and from 
each of wards two, four, six and eight for the term of two 
years, and thereafter as herein before provided the alder- 
men shall be chosen for the term of two years. 



1884. — Chapters 304, 305. 305 

Section 2. All parts of the charter of the city of Repeal. 
Springfield or aaiendraents thereto inconsistent herewith 
are hereby repealed. 

Section 3. This act shall take effect upon its accept- t^ubject to ac- 
ance by a majority of the qualified voters of the city of m^o^rity vote. 
Springfield voting in their respective wards at the next 
municipal election following the passage of this act. 

Approved 3Iay 29, 1884. 

Ax Act relating to practice in the superior court. (7/iax>.304 
Be it enacted, etc., as follows: 

Section 1. Whenever in an action upon the trial list for Disposition of 

. c .\ • L J.I. i* iU i. /2 1 actions upon the 

any term or the superior court the parties thereto file an trial list by 
agreement in writing that such action shall be marked for plnfe™.^"' °*^ 
trial not before a certain day in the same or the succeed- 
ing term, such action shall, if reached in its order upon 
said trial list before such day, be postponed thereto in 
accordance with such agreement, and shall be placed upon 
the list of actions in order for trial on such day next after 
the cases, if any, which have been on the list for the pre- 
ceding court day : provided, that if such action is in order proviso. 
for trial on the day on which such agreement is filed, it 
shall not, if reached on that day, be so postponed except 
by order of the court. 

Section 2. If two or more actions are postponed, as ouiist for trial 
provided in the preceding section, to the same day, they which agree-'' 
shall be placed upon the list of actions for trial on that aied!*^^"^® 
day in the order in which the agreements for such post- 
ponement were filed. Approved June 2, 1884. 

An Act to authorize the boston, barre and Gardner rail- C/Jiap.305 

ROAD corporation TO USE THE PROCEEDS OF CERTAIN BONDS 
IN ITS TREASURY. 

Be it enacted, etc., as follows: 

Section 1. The Boston, Barre and Gardner Eailroad ^'^y^^lP?- , 

... 1 • 1 ceeds of sales of 

Corporation IS hereby authorized to use the proceeds of certain bonds 
the sales of the remainder of the bonds authorized under inde^btldness." 
the provisions of chapter two hundred and seventy-two of 
the acts of the year eighteen hundred and seventy-nine, 
which bonds are now in its treasury, for the purpose of 
providing for the payment of its indebtedness now out- 
standing or hereafter to be created : provided^ that no ProvUo. 
legal or equitable right of any holder of any bond hereto- 



306 



1884. — Chapter 306. 



holders not im 
paired 



hofders^ifoum^-' ^^^^ issued Under the authority of said chapter two hun- 
dred and seventy-two of the acts of eighteen hundred and 
seventy-nine shall be in any way affected or impaired by 
the provisions of this act or by the issue of any bonds 
hereafter to be issued under the same until he shall have 
signified his consent to the provisions of this act by filing 
such consent in writing with the trustees under said 
mortgage, specifying therein the numbers and amounts of 
the bonds held by him, and by endorsement of such con- 
sent on said bonds. 

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

A;^roved June 2, 1884. 



Compensation 
for damages 
caused by erec- 
tion of telegraph 
and telephone^ 
lines. 



ChCip.SOQ ^N ■^^'^ PROVIDING FOR COMPENSATION FOR DAMAGES OCCASIONED 
BY THE ERECTION OF TELEGRAPH AND TELEPHONE LINES. 

Be it enacted, etc. , as follows : 

Section 1. Section four of chapter one hundred and 
nine of the Public Statutes is hereby amended so as to 
read as follows: — An owner of land abutting upon a 
highway or road along which telegraph or telephone, elec- 
tric light or electric power lines have been or shall here- 
after be constructed, erected or altered in location or con- 
struction by any telegraph or telephone, electric light or 
electric power company, if said owner's property is in any 
manner injuriously affected or lessened in value whether 
by occupation of the ground or of the air, or otherwise 
by such construction, erection or alteration in location or 
construction of any such telegraph or telephone line 
whether such owner is also the owner of the lee in such 
way or not, may within three months after such construc- 
tion, erection or alteration, or in the case of lines hereto- 
fore constructed, within one year from the passage of this 
act apply to the mayor and aldermen or selectmen to 
assess and appraise his damage. Before entering upon 
the service the mayor and aldermen or selectmen shall 
severally be sworn faithfully and impartially to perform 
the duties required of them by this act. They shall on 
view make a just appraisement in writing of the loss or 
damage, if any, to the applicant, sign duplicates thereof, 
and on demand deliver one copy to the applicant and the 
other to the company or its agent. If damages are 
assessed the company shall pay the same with the costs 
of the appraisers. If the appraisers award that the 



Damages to be 
assessed by 
mayor and 
aldermen or 
selectmen. 



1884. — Chapter 307. 307 

applicant has suffered no damage he shall pay the costs 
of the appraisers. 

Section 2. If any such telegraph or telephone com- if-imountisnot 
pany shall not pay the amount of the damages appraised [hiny'day", 
as provided in section one of this act, or in case of appeal removed?' ^^ 
the amount of the final judgment, within thirty days after 
demand, the mayor and aldermen or selectmen may upon 
request of the person in whose favor such appraisement or 
judgment was made remove all the posts, wires or other 
structures of such company from that portion of the street 
or way upon which the land of such person abuts. Before 
the mayor and aldermen or selectmen remove any such 
posts, wires or other structures they shall leave a written 
statement at the office of such company in such city or 
town of the time when and place where they intend to re- 
move such posts, wires or structures, not less than forty- 
eight hours prior to such removal. If such company has 
no office in such city or town such notice shall be deposited 
in the post office, postage prepaid, and directed to such 
company atits office in some city ortown inthecounty. The Expense of re- 

• . ^ • 1 J • -. moval recover- 

city or town so removing any such posts, wires or struct- able from the 
ures ma}^ recover the expense thereof of such company. '=°'"P'*"y- 
Nothing in this section shall prevent such judgment credi- 
tor from the collection of the amount due him in the man- 
ner provided by law. Approved June 2, 1884. 

An Act to prevent the adulteration of vinegar. Chcip.307 

Be it enacted, etc., as follows: 

Section 1. No person shall by himself, his servant or cider vinegar 
agent or as the servant or agent of any other person, sell, tobe^oid!'"^ 
exchange, deliver, or have in his custody or possession 
with intent to sell or exchange, or expose or offer for sale 
or exchange any adulterated vinegar, or label, brand or 
sell as cider vinegar, or as apple vinegar, any vinegar not 
the legitimate product of pure apple juice, or not made 
exclusively from apple cider. 

Section 2. All vinegar shall have an acidity equiva- Merchantable 
lent to the presence of not less than five per cent, by '^"®^*''' 
weight of absolute acetic acid, and in the case of cider 
vinegar shall contain in addition not less than one and 
one-half per cent, by weight of cider vinegar solids upon 
full evaporation over boiling water, and if any vinegar 
contains less than the above amount of acidity, or if any 
eider vinegar contains less than the above amount of cider 



308 



1884. ~ Chapters 308, 309. 



Inspectors of 
milk to enforce 
law. 



Penalty. 



Repeal. 



vinegar solids, such vinegar shall be deemed to be adul- 
terated within the meaning of this act. 

Section 3. It shall be the duty of the inspectors of 
milk who may be appointed by anj' city or town to en- 
force the provisions of this act. 

Section 4. Whoever violates any of the provisions of 
this act shall be punished by fine not exceeding one hun- 
dred dollars. 

Section 5. All acts or parts of acts inconsistent with 
this act are hereby repealed. Approved June 2, 1884. 

{yhctp.SOS An Act to protect game, and to protect private lands from 

TRESPASS. 

Be it enacted, etc., as follows: 

Section 1. Whenever the owner of any land shall 
conspicuously post on the same, notices that shooting or 
trapping is prohibited thereon, it shall be unlawful for 
any person to enter upon such land for the purpose of 
shooting or trapping, without permission of the owner 
thereof. 

Section 2. Game artificially propagated and main- 
tained upon lands, posted as above, shall be the exclusive 
property of the person propagating and maintaining the 
same, but such person shall not sell such game for food at 
seasons when its capture is prohibited by law. 

Section 3. Whoever offends against any of the pro- 
visions of this act shall be punished by fine not exceeding 
twenty dollars. Approved June 2, 1884. 



Not to enter 
■upon land for 
shooting, etc., 
■where notice is 
posted. 



Game arti- 
ficially propa. 
gated, pro- 
tected. 



Penalty. 



Chap.dOd 



City ofWal- 
tham incorpo- 
rated. 



(xovernment 
vested in a 
mayor and one 
council of 
twenty-one 
members, called 
the board of 
aldermen. 



An Act to incorporate the city of waltham. 
Be it enacted^ etc. , as follows : 

Section 1. The inhabitants of the town of Waltham 
shall continue to be a body politic and corporate under the 
name of the " City of Waltham," and as such shall have, 
exercise and enjoy all the rights, immunities, powers and 
privileges, and shall be subject to all the duties and obli- 
gations now incumbent upon and pertaining to the said 
town as a municipal corporation. 

Section 2. The administration of all the fiscal, pru- 
dential and municipal affairs of said city, with the govern- 
ment thereof, shall be vested in an officer to be called the 
mayor, and one council of twenty-one members, to be 
called the board of aldermen. A majority of said board 
shall constitute a quorum for the transaction of business, 



1884. — Chapter 309. 309 

and no member shall receive any compensation for his 
services. 

Section 3. The territory of said city shall be divided cuytobedi- 

•^ •^ . vided into seven 

into seven wards so that the wards shall contain, as nearly wards. 
as may be consistent with well defined limits to each ward, 
an equal number of voters. 

Section 4. The municipal election shall take place on Municipal eiec- 
the first Tuesday of December annually ; and the munici- ningofmunf-"* 
pal year shall begin on the first Monday of January fol- ^"P"^ y^'"""- 
lowing. All meetings of the citizens for municipal pur- 
poses shall be called by warrants issued by the mayor and 
aldermen, which shall be in such form, and be served, 
executed and returned in such manner and at such times 
as the board of aldermen may by ordinance direct. 

Section 5. The mayor and aldermen are authorized, ward meetings 
when no convenient ward room for holding ward meetings wuhoutthe 
of the citizens of either of the wards of the city can be wardbyo^rder 
had within the territorial limits of such ward, to appoint and'fi^rmM. 
and direct, in the warrants for calling the ward meetings 
of such wards, the said meetings to be held in some con- 
venient and proximate place within the limits of any other 
of the wards of said city ; and for such purposes the place 
so assigned for the meeting of such ward shall be deemed 
and taken to be included in and part of said ward, as 
though the same was in the territorial limits thereof. 

Section 6. All city and ward ofiScers shall be held to officers held to 
discharge the duties of the offices to which they have been tbeir duties not- 
respectively chosen, notwithstanding their removal after removaud"^ 
their election out of their respective ward into any other another ward. 
wards of the city ; but a removal of residence out of the 
city shall cause a vacancy to exist in the offices to which 
they were chosen. 

Section 7. The mayor shall be elected by and from Mayor to be 
the qualified voters of the city at large, voting in their ^^'^^^ * "^** 
respective wards or precincts, and shall hold his office for 
the municipal year next following his election, and until 
his successor is elected and qualified. 

Section 8. Three aldermen shall be elected by and ^''^f elected"^" 
from the qualified voters of each ward, and shall at the from each ward. 
time of their election be residents of the wards respectively 
in which they are elected ; they shall hold their offices 
for the municipal year next following their election, and 
until a majority of the succeeding board is elected and 
qualified'. 



310 



1884. — Chapter 309. 



Annual election 
on the first 
Tuesday of 
December. 

Election of 
mayor, alder- 
men and Bchool 
committee. 



Vacancy in the 
office of mayor. 



Organization of 
the city govern, 
ment. 



Section 9. On the first Tuesday of December annu- 
ally the qualified voters in the several wards shall give in 
their votes by ballot for mayor, aldermen and school com- 
mittee, in accordance with the provisions of the laws of 
the Commonwealth. The clerk of each ward or precinct 
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, 
who shall forthwith enter the same in the city records ; 
the city clerk shall, within fourteen days thereafter, de- 
liver to the persons elected meml)ers of the board of alder- 
men, certificates of their election : provided, hoioever, that 
if the choice of members of the board of aldermen shall 
not be effected on that day in any ward, the board of 
aldermen shall order a new election to be held in such 
ward to fill the vacancy. The board of aldermen shall, 
within ten days thereafter, examine the copies of the 
records of the several wards or precincts, certified as 
aforesaid, and shall cause the persons who shall have been 
elected members of the school committee, and the person 
vvho shall have been elected mayor to be notified in writ- 
ing, respectively, of their election. If it shall appear by 
such examination that there is no choice of mayor, or if 
the person elected shall refuse to accept the office, war- 
rants shall be issued 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. In case of the decease, resignation or 
absence of the mayor, or of his inability to perform the 
duties of his office, it shall be the duty of the board of 
aldermen, by vote, to declare that a vacancy exists, and 
the cause thereof; and thereupon the president of the 
board of aldermen shall be vested with the powers and 
authority of the mayor, until the inability ceases or the 
vacancy is filled by a new election. 

Section 10. On the first Monday of January, at three 
o'clock in the afternoon, the mayor and board of aldermen 
elect shall meet, when they shall be sworn to the faithful 
discharge of the duties of their respective offices. The 
oath shall be administered by the city clerk or by any 
justice of the peace, and the certificate of such oath having 
been taken shall be entered on the journal of the board of 
aldermen by its clerk. The board of aldermen shall then 



1884. — Chapter 309. 311 

be organized by the choice of a president, to hold his 
office during the pleasure of the board. In case of the 
absence of the mayor elect on the first Monday of January, 
or if the mayor shall not then have been elected, the board 
of aldermen shall organize itself in the manner herein 
before provided ; and the oath of office may, atany time there- 
after, in the presence of the board be administered to the 
mayor, and to any member of the board who may have 
been absent at the organization. The board of aldermen Board of aider- 
shall keep a record of its proceedings, and judge of the ?ecord°o^/pro- 
election of its own members ; and in case of a vacancy be^/Jdfe'o'fdec- 
declared in the board, a warrant shall be issued for an tionofmem- 

bers. 

election to fill such vacancy. Whenever, under the pro- 
visions of this act, the president of the board of aldermen 
is vested with the powers and authority of the mayor, and 
whenever the president is absent, the board shall choose President^ro 
a president J9?'0 tempore. The sessions of the board shall '*'"^'"'^* 
be public, except when action is taken upon elections, ap- 
pointments or removals. 

Section 11. The may(»r shall be the chief executive Mayor to be 
officer of the city. He shall preside at the meetings of officer^ ^°" 
the mayor and aldermen. He shall cause the laws and 
the ordinances, orders and regulations of the city to be 
executed and enforced, and shall exercise supervisory and 
advisory, but not directory, powers over every depart- 
ment of the city administration. He may suspend any 
officer, and may suspend any work or payment, whether 
under contract or otherwise, for a period not exceeding 
ten days ; but in such case he shall report his action, 
with his reasons therefor, to the board of aldermen, 
which shall take immediate action thereon. He shall To 'jommuni. 

cate information 

from time to time communicate to the board of aldermen, to board of 

I • P .• 1 T 1 I aldermen and 

such intormation and recommend such measures as the recommend 
interests of the city may in his opinion require. All ™^^*"'^®^- 
contracts in behalf of the city shall be signed by him. 
He may call special meetings of the board of aldermen by 
causing notices to be left at the usual place of residence 
of each member thereof. He shall at all times have the 
control and direction of the police force, subject only to 
the ordinances of the city. His salary shall be fixed by the salary 
board of aldermen, but shall not for the first five years, 
under this charter, exceed the sum of five hundred dollars 
per annum. It shall be payable at stated periods, and 
shall not be increased or diminished durins: the vear for 



312 



1884. — Chapter 309. 



Ordinances, 
orders, etc., ex- 
cept, etc., to be 
presented to 
mayor for ap- 
proval. 



Proceedings In 
case of return, 
with objections. 



Mayor may ob- 
ject to one or 
more subjects 
and approve of 
others. 



Mayor and 
aldermen to ex- 
ercise the execu- 
tive power of 
the city. 



To appoint con. 
stables and 
police officers. 



which he is elected. He shall receive no other compen- 
sation. 

Section 12. Every ordinance, order, resolution or 
vote of the board of aldermen, except such as relate to the 
internal affairs of the board, to the election or removal of 
city officers whose election is vested in the board of alder- 
men by this act, or to the declaration of a vacancy in the 
office of mayor, shall be presented to the mayor. If he 
approves thereof, he shall signify his approval by signing 
the same. If he does not approve thereof, he may return 
the ordinance, order, resolution or vote, with his objec- 
tions, in writing, to the board of aldermen, which shall pro- 
ceed to reconsider the same ; and if after such reconsidera- 
tion, two-thirds of those present and voting, being at least a 
majority of the whole board, shall, by a yea and nay vote, 
favor the passage of the ordinance, order, resolution, or 
vote, notwithstanding such objections, then the same shall 
be in force ; and if the 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 : 
provided, that if any such ordinance, order, resolution or 
vote embraces distinct subjects, or distinct items of appro- 
priation or expenditure the mayor may approve the pro- 
visions relating to one or more of the subjects or items, 
and not approve of the other provisions ; in such case, 
instead of returning the original, he shall within ten days 
after the same is presented to him, return a copy of the 
portion not approved, and the same shall be reconsidered 
as above provided. 

Section 13. The executive power of said city, with 
all the powers heretofore vested by special statute in the 
selectmen of the town of Waltham, and all the powers of 
selectmen of towns, and of a mayor and aldermen of cities 
under general laws shall be vested in and exercised by the 
mayor and aldermen, except as herein provided. The 
mayor and aldermen shall have full and exclusive power 
to appoint annually constables, a city marshal or chief of 
police, with the powers and duties of a constable, and all 
other officers required to be appointed by the ordinances 
of the city, or required or authorized to be appointed by 
selectmen of towns and the mayor and aldermen of cities 
by general laws, any of whom may at any time be removed 
by the mayor, with the consent of the aldermen, for 
sufficient cause ; they may require any person who may 



1884. — Chapter 309. 313 

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 all ^^^^^''^^g^'by 
officers appointed by the mayor and aldermen, shall be board of aider- 
fixed by vote of the board of aldermen. 

Section 14. In all cases in Avhich appointments are Mayor to nomi- 

, T , -i 1 1 II nate, and alder- 

to be made by the mayor and aldermen, the mayor snail men confirm or 
have the exclusive power of nomination, which nomina- ^^^^'^^' 
tion shall be subject, hovvever, to confirmation or rejection 
by the board of aldermen. If a person so nominated shall 
be rejected, the mayor shall make another nomination 
within one month from the time of such rejection. 

Section 15. The board of aldermen shall have con- Board of aider. 

,„,,. ., ,1 I men to have 

trol and custody of all city property, with power to let what custody and 
may be legally let, and to sell, purchase or hire property, propmy. ''"^ 
real or personal, in the name and for the use of the city, 
whenever the interests orconvenience of the city may in their 
judgment require it ; and shall have power to require a bond 
with sufficient sureties of any officer elected by the board 
of aldermen, or appointed by the mayor and aldermen; 
to establish by ordinance such offices as may be necessary Jrdfaauce^such 
for any municipal purposes; to elect all officers, required ^f^e^eTs^yf 
to be elected by the ordinances of the city, and such 
subordinate officers, as may be elected by towns under 
general laws for whose election or appointment other pro- 
vision is not herein made, define their duties and fix their 
compensation ; to act upon all matters in which authority To act upon 
is now given to said town of Waltham under any acts to to water supply. 
supply said town with water; to lav out, alter, discon- To layout 

. I ,-1 If" 1 -11 streets, etc. 

tinue, locate anew, hx the grade or, or order speciric re- 
pairs in, any highway, street or town way, and to estimate 
and assess the damages any person may sustain thereby, 
and the powers of the board of aldermen shall be exclusive 
therein ; any person sustaining damage to property by 
the proceedings of the board of aldermen under this pro- 
vision, shall have all the rights and privileges now allowed 
in appeals from the decisions of selectmen or the inhabi- 
tants of towns ; but there shall be no appeal from a de- 
cision not to lay out a way ; to act upon all matters in 
which authority is given by general laws relating to streets, 



314 



1884. — Chapter 309. 



Ordinances and 
orders of the 
board of alder, 
men to be exe- 
cuted by the ad- 
ministrative 
boards and oflS- 
cers. 



Annual appro- 
priations. 



Appropriation 
for a city hall 
subject to ratifi- 
cation by the 
voters. 



Orders for ap- 
propriation of 
money to have 
two separate 
readings, upon 
different days. 



No officer to be 
interested in 
any contract. 



sidewalks, drains and sewers, and the taking of land from 
which may be taken earth and gravel ; and generally shall 
have and exercise all the powers of towns and all the 
powers of city councils and board of aldermen under gen- 
eral laws, and may, by ordinance prescribe the manner in 
which said powers shall be exercised. The ordinances 
and orders of the board of aldermen, except such as relate 
only to the internal affairs of the board, shall be enforced and 
executed by the administrative boards and officers herein 
named, and such other boards and officers as the board of 
aldermen may, by ordinance or otherwise, establish : 
provided^ that no member of the board of aldermen shall, 
during the term for which he is elected, be a member of 
any board, or hold any office charged with the disburse- 
ment of city funds, or have the expenditure of any money 
appropriated by the board of aldermen. The board of 
aldermen may by its orders and ordinances prescribe the 
duties of, and direct and control the administrative boards 
and officers in the performance of their duties ; but shall 
not, through its committees or otherwise than by such formal 
acts, exercise any authority over the administrative officers. 
No money shall be expended and no liability of the city 
shall be incurred by any board or officer of the city ex- 
cept in pursuance of an order of the board of aldermen. 
The board of aldermen shall appropriate annually the 
amount necessary to meet the expenditures of the city for the 
current municipal year ; and such appropriations shall not be 
increased except by a vote of two-thirds of all the members 
of the board, voting by yeas and nays. The board shall, 
as olten as once a year, cause to be published for the use of 
the inhabitants a particular account of the receipts and 
expenditures, and a statement of city property and of the 
city debt. Any appropriation made by the board of al- 
dermen for the erection of a city hall, or for land for a 
location for such building, shall be subject to ratification 
by the legal voters of the city, voting in their respective 
wards or precincts at an annual municipal election. 

Section 16, Every ordinance, order, resolution or 
vote of the board of aldermen involving the appropriation 
or expenditure of money, shall, before being put upon its 
final passage, have at least two separate readings, and 
those readings shall not both occur upon the same day. 

Section 17. Neither the mayor, members of the board 
of aldermen, members of city boards, or any officer of the 



1884. — Chapter 309. 315 

city, shall be interested directly or indirectly in any con- 
tract or agreement to which the city is a party, nor shall 
any such jjerson furnish supplies of any kind to the city 
while holdino^ office therein. 

Section lb. The board of aldermen shall annually, as Election of city 

-,, . , • J • 1 • i I i. i_ clerk, city treas- 

soon alter its organization as may be convenient, elect by urer, and a city 
ballot, a city clerk, a city treasurer, who shall be the col- ''"^"°'■• 
lector of taxes, and a city auditor, who shall hold their 
offices for the current municipal year following their 
election, and until their respective successors shall be 
elected and qualified : provided^ hoicever^ that either of P'o^iso. 
the officers named in this section may be removed at any 
time by the board of aldermen for sufficient cause. Va- 
cancies in the above named offices may be filled by ballot 
of the board of aldermen, at any time. The compensation 
of the officers named in this section shall be fixed by vote 
of the board of aldermen, and the official fees by them 
received shall be paid into the city treasury. 

Section I'J. The city clerk shall, before entering upon city ci^iktobe 
the duties of his office, be sworn to the faithful dischargV-''^""' 
thereof. He shall have charge of all journals, records, to ..ave oharKc 

11 , o ^^ -J. • \\ i. • J of journals and 

papers and documents of the city, sign all warrants issued records. 
by the mayor and aldermen, and do such other acts in his 
said capacity as the mayor and aldermen and the board of 
aldermen may lawfully and reasonably recj[uire of him; 
and shall deliver all journals, records, papers and docu- 
ments, and other things entrusted to him as city clerk, to 
his successor in office. He shall also perform all the 
duties and exercise all the powers by law incumbent upon 
or vested in clerks of towns of this Commonwealth. He >ooecierkof 
shall be clerk of the board of aldermen ; shall attend said LidermJn.° 
board when the same is in session, and keep a journal ot 
its acts, votes and proceedings. He shall also be clerk of 
the mayor and aldermen ; shall attend all the meetings of 
the same and keep a journal of their acts, votes and pro- 
ceedings. He shall engross all the ordinances passed by 
the board of aldermen in a book provided for that purpose, 
and shall add proper indexes, which book shall be deemed 
a public record of such ordinances ; he shall issue to every 
person who is appointed to any office by the mayor and 
aldermen, or elected to any office by the board of aldermen, 
a certificate of such election or appointment. In case oi ^\\.y cXer^ pro 

1 • 1 1 I 1 1 x- t''»>pore. 

the temporary absence ot the city clerk, the board ot 
aldermen may elect a clerk _pro tempore, with all the 



316 



1884. — Chapter 309. 



Assessors of 
taxes to serve 
for three years. 



Vacancy. 



May appoint a 
clerk. 



Assistant 
assessors. 



Overseers of the 
poor to serve for 
three years. 



powers, duties and obligations of the city clerk, who shall 
be duly qualified. 

Section 20. The board of aldermen first elected under 
this act shall, as soon after its organization as may be con- 
venient, elect by 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 years, and one for one year frona 
the first Monday of March then next ensuing, and until 
their respective successors are elected and qualified ; and 
thereafter the board of aldermen 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 ut.til his successor shall be elected 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 of assessors may be filled by vote of the 
board of aldermen at any time, and the member so. elected 
shall hold office only for the unexpired term of the member 
who has ceased to hold office. All taxes shall be assessed, 
apportioned and collected in the manner prescribed by law. 
The assessors may appoint a clerk, whose compensation, 
and the compensation of the assessors, shall be fixed by 
vote of the board of aldermen. 

Section 21. The board of aldermen shall have power 
by ordinance to create and establish the office of assistant 
assessor ; and whenever said office shall have been so estab- 
lished the board of aldermen shall annually, in the month 
of February, elect by ballot, 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 suc- 
cessor is elected and qualified. Said assistant assessors 
shall furnish the assessors with all necessary information 
relative to persons or property taxable in their respective 
wards ; and they shall be sworn to the faithful performance 
of their duty. Any vacancy occurring in the number of 
assistant assessors may be filled by ballot of the board of 
aldermen at any time. The compensation of the assistant 
assessors shall be fixed by vote of the board of aldermen. 

Section 22. The board of aldermen first elected under 
this act shall, as soon after its organization as may be con- 
venient, elect, by ballot, three persons, legal voters of 
said city, to constitute a board of overseers of the poor in 



1884. — Chapter 309. 317 

said city, to serve one for three years, one for two years, 
and one for one year from the first Monday ot March then 
next ensuing, and until their respective successors are 
elected and qualified ; and thereafter the board of alder- 
men 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 
March then next ensuing, and until his successor shall be 
elected. Said board of overseers shall organize, annually, to organize by 
by the choice of a chairman, and a clerk, who may be one man'^and cierk." 
of their own number, and who may be removed by the 
board ; the compensation of the clerk shall be fixed by the 
board of aldermen ; the members of the board shall serve 
without compensation. 

Section 23. The board of aldermen first elected street comnvu- 

1 • r sioners to serve 

under this act shall, as soon as may be convenient aiter for three year?. 
its organization, elect by ballot three persons, legal voters 
of said city, to constitute a board of street commissioners ; 
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 thereafter the board of aldermen shall, annually, in 
the month of February, elect in the same manner one 
person, a legal voter of said city, to serve on said board 
of commissioners for the term of three years from the first 
Monday of March then next ensuing, and until his suc- 
cessor shall be elected. Said board of street commis- to appoint a 
sioners shall be organized, annually, by the choice of a glfpMimendent. 
chairman and a clerk ; and they shall appoint, annually, 
but not of their own number, a superintendent, who shall 
be under their direction and control ; said clerk and 
superintendent may be removed by said board of commis- 
sioners at any time. The compensation of the clerk and 
superintendent shall be fixed by the board of aldermen ; 
the members of the board shall serve without compensa- 
tion. 

Section 24. The board of aldermen first elected ^o^„*e«toTry; 
under this act shall, as soon as may be convenient after for three years, 
its organization, elect by ballot three persons, legal voters 
of said city, to constitute a board of water commissioners, 
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 thereafter the board of aldermen shall, annually, in 



318 



1884. — Chapter 300. 



To appoint a 
clerk and super 
intendent. 



Board of health 
to serve for 
three years. 



One member of 
the board to be 
a physician. 



Directors of the 
public library. 



To appoint a 
1 ibrarian. 



the month of February, elect in the same manner one 
person, a legal voter of said cit}', to serve on said board 
of commissioners for the term of three years from the first 
Mondav of March then next ensuing, and until his suc- 
cessor is elected. Said board of commissioners shall be 
organized, annually, by the choice of a chairman; they 
shall annually appoint a clerk and a superintendent, but 
not of their own number, who shall be under their control 
and direction, and may be by them removed. The com- 
pensation of the clerk and superintendent shall be fixed by 
the board of aldermen ; the members of said board shall 
serve without compensation. 

Section 25. The board of aldermen first elected 
under this act shall, as soon as may be convenient after 
its organization, elect by ballot three persons, legal voters 
of said city, to constitute a board of health, 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 there- 
after the board of aldermen 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 of 
health for the term of three years from the first Monday 
of March then next ensuing, and until his successor shall 
be elected. Elections shall be so made that one member, 
at least, of said board shall be a physician. The members 
of the board of health shall serve without compensation. • 

Section 26. The board of aldermen first elected 
under this act shall, as soon as may be convenient after 
its organization, elect by ballot six persons, inhabitants 
of said city, to constitute a board of directors of the public 
library who shall have the supervision, management and 
care of the public library of said city. Said board shall 
be elected 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 shall 
be elected ; and thereafter the board of aldermen shall, 
annually, in the month of February, elect in the same 
manner two persons, inhabitants of said city, to serve for 
three years from the first Mondaj' of jNIarch then next 
ensuing, and until their respective successors are elected. 
Said board of directors shall annually appoint, but not of 
their own number, one or more librarians, to be under 
their direction and control, and may remove such libra- 



1884 — Chapter 309. 319 

rians. The compensation of such librarians shall be fixed 
by the board of aldermen. The members of said board 
shall serve without compensation. 

Section 27. The board of aldermen first elected Managers of 

^ . . . public ceme- 

under this act shall, as soon after its organization as may tones. 
be convenient, elect by ballot six persons, legal voters of 
said city, to constitute a board of managers of the public 
cemeteries, 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 suc- 
cessors shall be elected, and thereafter the board of alder- 
men shall annually, in the month of February, elect in the 
same manner, two persons, legal voters of said city, to 
serve on said board of managers for three years from the 
first Monday of March then next ensuing, and until their 
respective successors shall be elected. The said board 
shall have charge and control of the public cemeteries and 
burial places of said city, and shall serve without com- 
pensation. 

Section 28. Any vacancy occurring in either of the vacancies in 
boards established under the provisions of the six preced- mied'at'^ny ''^ 
ing sections of this act, may be filled by the board of "™®' 
aldermen voting by ballot at any time ; and any member 
of either of said boards may at any time be removed by 
the board of aldermen, for sufficient cause. 

Section 29. The board of aldermen shall establish a Pire depart- 
fire department for said city, and shall by ordinance de- '^^^^' 
termine of what officers and members said department 
shall consist, prescribe the time and mode of their appoint- 
ment and removal, define their powers, duties and periods 
of service, fix their compensation and make such other 
regulations regarding their conduct and government as they 
deem expedient. The engineers or other officers of the 
department, appointed as aforesaid, shall have all the 
powers and authority conferred upon fire wards by the 
Public Statutes. The board of aldermen of said city may Regulations; 

1 ]• 1 1 .• • ii concerning 

by ordinance make regulations concerning the manage- managemlntat 
ment of the conduct of all persons present at the same, ^'''^*" 
the removal and protection of property, the examination 
of any building or place where combustible materials or 
substances are supposed to be kept or deposited, the 
removal of such materials and substances, and the adoption 
of other suitable safeguards against fires and the loss or 
destruction of property by reason of the same. Said city 



320 1884. — Chapter 309. 

may procure and hold such land, buildings, furniture, 
engines and other apparatus as may be necessary for the 
purposes of the fire department ; and the board of alder- 
men may by ordinance make regulations regarding the 
use, control and preservation thereof. 
School commit- SECTION 30. The school Committee shall consist of the 

tee to consist or /t» • t • i • i i • c 

the mayor eo; mayor, Bx ojjicio^ and umc other persons, inhabitants or 
?^abitaSis"'"* said city, who shall be elected at large by the qualified 
elected at large, yotcrs of the city, votiug in their respective wards or pre- 
cincts by ballot. At the first election under this act 
there shall be so elected three persons to serve for the 
term of three years, three for the term of two years, and 
three for the term of one year, from the first Monday of 
January then next ensuing ; and thereafter, at each annual 
municipal election , there shall be elected in the same manner, 
three persons to serve as members of said committee for 
the term of three years from the first Monday of January 
Vacancy. thcu uext eusuiug. Any vacancy occurring in said com- 

mittee may be filled, for the remainder of the municipal 
year, by the joint ballot of the board of aldermen and 
school committee, in convention, and for the unexpired 
term thereafter shall be filled at the first municipal elec- 
tion after such vacanc}' occurs. The members of the 
Mayor to be couimittee shall serve without compensation. The mayor 
comn^t'tee?* '^'^ shall bc chairman of .said committee. Said committee 
shall annually appoint one of their own number to attend 
the meetings of the board of aldermen for the purposes 
hereinafter mentioned , and said committee shall annually ap- 
point asecretary, one of their numberorotherwise, who shall 
Superintendent ^^ uodcr their dircctiou and control ; they shall annually 

of schools. . /• 1 ■ 1 • 1 i« 

appomt, but not or their own number, a superintendent or 
the schools. The committee shall fix the salaries of such 
secretary and superintendent and may remove them for 
suflicient cause. All the rights and obligations of said 
town of Waltham in relation to the grant and appropria- 
tions of money for the support of schools, and the special 
powers and authority heretofore conferred by law upon 
the inhabitants of said town to raise money for the sup- 
port of schools therein, shall be merged in the powers 
and obligations of the city, to be exercised in the same 
manner as over other subjects of taxation ; and all grants 
and appropriations of money for the support of schools, 
and the erection and repair of school-houses in said city, 
shall be made by the board of aldermen in the same 



1884. — Chapter 309. 321 

manner as grants and appropriations are made for other 
city purposes. 

Section 31. The chairman of the board of overseers The chairman 
of the poor, of the board of street commissioners, bonrdsretc, to 
of the board of water commissioners, and the member boardof^aide* 
of the school committee appointed for that purpose J^I^Jo ^ote?''^ 
shall, respectively, be entitled to seats with the board 
of aldermen, and shall have the right to discuss all 
matters relating to their respective departments of city 
affairs, but without the right to vote ; they shall be noti- 
fied in like manner with members of the board of alder- 
men of all special meetings of that board. Every officer 
of the city, except the mayor, shall at the request of the 
board of aldermen, appear before the board and give such 
information as it may require, and answer such questions 
as may be asked in relation to any matter, act or thing 
connected with his office or the discharge of the duties 
thereof. 

Section 32. The board of aldermen shall have power Aidermenmay 
within said city to make and establish such ordinances and nfn^ie^and'by- 
by-laws, not inconsistent with the laws of the Common- '^^s- 
wealth, as cities and towns have power by law to make 
and establish, such ordinances and by-laws to have force 
and effect within such city; and to modify, amend or re- 
peal the same, and to annex penalties, not exceeding 
twenty dollars, for the breach thereof, all without the 
sanction of any court or justice thereof: provided, how- Proviso. 
ever, that all laws and regulations in force in the town of 
Waltham, shall, until they shall expire by their own limit- 
ation, or be revised or repealed by the board of aldermen, 
remain in force ; and all fines and forfeitures for the 
breach of any by-law or ordinance shall be paid into the 
city treasury, and any complaint for any violation thereof 
may be made by the mayor, city clerk, city treasurer, city 
marshal or chief of police. 

Section 33. All elections of national, state, county Elections of na- 
and district officers, who are chosen by the people, shall co°unty Md^is- 
be held at meetings of citizens qualified to vote in such t"et officers. 
elections, in their respective wards or precincts, at the 
times prescribed by law ; and such meetings shall be 
called by the mayor and aldermen in the same manner as 
meetings for municipal elections are called ; the votes 
given for such officers shall be received, assorted, counted, 
declared and recorded in open ward or precinct meetings. 



322 1884. — Chapter 309. 

of rerorde to be "^^^ Ward OF preciiict clerks shall forthwith deliver to the 
delivered to city city clerk Certified copies of the records so made ; and 
all ballots and check lists shall be sealed and transmitted 
to the city clerk in the manner provided by the laws of 
the Commonwealth. The city clerk shall forthwith record 
such returns; and the mayor and aldermen shall, within 
the time provided by law, after every such election, ex- 
amine and compare all such returns, and copies of the 
record of the votes attested by the clerk and certified by 
the mayor and majority of the aldermen, and certificates 
of the election of representatives signed by the mayor and 
a majority of the aldermen shallbe transmitted, delivered 
ifaiioftherc'p. and returned as by law required. If the whole number 
lVte\ectId^ nlw of representatives to the general court are not elected, the 
iTsue*"**** mayor and aldermen shall issue their warrants for a new 

election, conformably to the constitution and laws. 
Rights, suits, Section 34. The passage of this act shall not afiect 

etc., not . . T 

affected. 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 pre- 
officerBtocon- viously iucurrcd shall be atfected hereby. All persons 
ce^s^ors'are*"'' holdiug oflScc iu Said towu at the time this act shall take 
quaSed"^ effcct, shall coutlnue to hold the same, notwithstanding 
the passage hereof, until the organization of the city gov- 
ernment hereby authorized shall be eflfected, and until the 
successors of such officers shall be respectively elected 
and qualified. 
Selectmen to SECTION 35. For the Durpose of organizing the gov- 

divide town into , • j j /. '!.• xu • 

seven wards. emmcut hereby authorized, and or putting the same in 
operation, the selectmen of said town shall, as soon as 
may be after the acceptance of this act as herein provided, 
divide said town into seven wards, so that they shall con- 
tain as nearly as may be consistent with well defined 
limits to each ward an equal number of voters, and desig- 
nate said wards by numbers ; they shall at least seven 
days previous to the first Tuesday of December next after 
the acceptance of this act, appoint a ward clerk for each of 
the several wards in said city, who shall be a legal voter 
in said city, and who shall be sworn to a faithful discharge 
of the duties of his office, and shall perform all the duties 
of ward clerk required by existing laws, until his successor 
First meeting jg appointed and qualified ; said selectmen shall also issue 
-cuyofficere." their warrants seven days at least previous to said first 
Tuesday of December, calling meetings of the citizens of 



1884. — Chapter 309. 323 

«ach ward on that day, at such place and hour as they 
may deem expedient, for the purpose of choosing a war- 
den and inspectors for each ward, and all other officers 
whose election is provided for in the preceding sections 
of this act ; and the transcripts of the records in each 
ward specifying the votes given for the several officers 
aforesaid, certified by the warden and clerk of the ward at 
said first meeting, shall be returned to the selectmen, 
whose duty it shall be to examine and compare the same ; 
and in case such elections should not be completed at the 
first meeting then to issue new warrants until such elec- 
tions shall be completed, and to give notice thereof, 
in manner before provided, to the several persons elected. 
And at said first meeting a list of voters in each ward, List of voters 
prepared and corrected by the selectmen for the time selectmen to be 
being, shall be delivered to the clerk of each ward, when cierrofeach 
appointed, to be used as herein before provided. After ^^^'^' 
the choice of the mayor and -aldermen, or a majority of 
the board of aldermen, as aforesaid, the selectmen shall 
appoint a place for the first meeting of the mayor and 
aldermen, and shall, by written notice left at the place of 
residence of the mayor and each member of said board 
twenty-four hours at least before said meeting notify them 
thereof. And after this first election of city officers, and 
this meeting for the organization of the board of aldermen, 
according to the provisions of section ten of this act, as 
provided for in this section, the day of holding the annual 
elections and the day and hour for the meeting of the 
mayor and board of afdermen for the purpose of organi- 
zation shall remain as provided in the fourth and tenth 
sections of this act. It shall be the duty of the mayor and 
board of aldermen, immediately after the first organization, 
to carry into effect the several provisions of this act. 

Section 36. This act shall be void unless the inhabi- subject to ac 
tants of said town, at a legal town meeting called for that majority vlte, 
purpose, to be held within two years from the passage of this heiVwUhin^two 
act, shall, by a majority of the voters present and voting y®^"- 
thereon as herein after provided, determine to adopt the 
same. At such meeting the votes shall be taken by 
written or printed ballots, and the polls shall be kept open 
not less than six hours. The selectmen shall preside in 
said meeting, and in receiving said ballots shall use the 
check lists in the same manner they are used in the elec- 
tion of state officers. If, at any meeting called for the 



324 



1884. — Chapter 310. 



O^ap.310 



Imitation butter 
to be stamped 
or marked under 
penalty. 



Labels to be at- 
tached to 8mall 
packages. 



Inspectors may 
enter places 
■where butter 
and cheese is 
stored or kept 
for sale. 



purpose, this act shall fail to be accepted by a majority Cof 
the legal voters of said town, present and voting thereon, 
the act shall not be again submitted tor acceptance withiu 
four months of the date of such prior meeting. It is how- 
ever provided, that a meeting may be called for the pur- 
pose of submitting the question of the acceptance of this 
act to the legal voters of said town any time after the 
passage hereof, provided, further, that no meeting for 
this purpose shall be held during the months of November 
and December. 

Section 37. This act shall take eflfect upon its passage. 

Approved June 2, 1884. 

An Act in relation to the inspection and sale of mile and 

BUTTER. 

Be it enacted, etc., as follows: 

Section 1. Section seventeen of chapter fifty-six of 
the Public Statutes is hereby amended so as to read as 
follows : — Whoever, by himself or his agents, sells, ex- 
poses for sale, or has in his possession with intent to sell, 
any article, substance or compound, made in imitation or 
semblance of butter, or as a substitute for butter, and not 
made exclusively and wholly of milk or cream, or contain- 
ing any fats, oils or grease not produced from milk or 
cream, shall have the words " imitation butter" or" oleo- 
margarine" stamped, labelled or marked in printed letters 
of plain Koman type, not less than one inch in length, so 
that said words cannot be easily defaced, upon the top 
and side of every tub, firkin, box or package containing 
any of said article, substance or compound. And in cases 
of retail sales of any of said article, substance or com- 
pound, not in the original packages, the seller shall, by 
himself or his agents, attach to each package so sold, and 
shall deliver therewith to the purchaser, a label or wrapper 
bearing in a conspicuous place upon the outside of the pack- 
age the words " imitation butter" or " oleomargarine" in 
printed letters of plain Roman type, not less than one- 
half inch in length. 

Section 2. Section twenty of said chapter fifty-six is 
hereby amended by adding after the word "complaint" 
in the fifth line thereof the words " said inspectors may 
enter all places where butter or cheese is stored or kept 
for sale, and," and also by adding after the word " pros- 
ecutions " in the last line the following words, " who- 



1884 — Chapter 311. 325 

ever hinders, obstructs, or in any way interferes with 
any inspector, or any agent of an inspector, in the per- 
formance of his duty, shall be punished by a fine of fifty 
dollars for the first ofifence, and of one hundred dollars 
for each subsequent offence." 

Section 3. Section two of chapter fifty-seven of the J^^^/^Pj"" ^^^ 
Public Statutes is amended so as to read as follows: — names and 
Such inspectors shall keep an oflSce, and shall record in Lsrof^person 
books kept for the purpose the names and place of busi- semngmiik. 
ness of all persons engaged in the sale of milk within their 
city or town. Said inspectors may enter all places where 
milk is stored or kept for sale, and all persons engaged in 
the sale of milk shall on the request in writing of an in- 
spector deliver to the person having the request, a sample 
or specimen suflScient for the purpose of analysis of the 
milk then in his possession from such can or receptacle as 
shall be designated by the inspector or the person bearing 
the request. Said inspector shall cause the sample or to cause eam- 
specimen of milk so delivered to be analyzed or otherwise be analyzed. 
satisfactorily tested, the results of which analysis or test 
they shall record and preserve as evidence. The inspec- 
tors shall receive such compensation as the mayor and 
aldermen or selectmen may determine. 

Section 4. Before commencing the analysis of any Portion of sam- 
sample the person making the same shall reserve a portion to beVserved 
which shall be sealed ; and in case of a complaint against »°<i »«»^^^ '^p- 
any person the reserved portion of the sample alleged to 
be adulterated shall upon application be delivered to the 
defendant or his attorney. 

Section 5. Section eight of chapter fifty-seven of the Penalty for ob- 

. t3 -111 11. e 1 structing in- 

Public Statutes is hereby amended by addmg alter the spector. 
word "chapter" in the third line thereof the words ** and 
whoever hinders, obstructs, or in any way interferes with 
any inspector of milk, or any servant or agent of an in- 
spector in the performance of his duty." 

Approved June 2, 1884. 

An Act to apportion and assess a state tax of two million (7Aa».311 

DOLLARS. 

Be it enacted, etc., as follows: 

Section 1. Each city and town in this Commonwealth statetaxof 
shall be assessed, and pay the several sums with which *^'*^ ' 
they stand respectively charged in the following schedule, 
that is to say : — 



326 



BarnBtable 
County. 



1884. — Chapter 311. 
barnstable county. 



Barnstable, 
Brewster, . 
Chatham, . 
Dennis, 
Eastham, . 
Falmouth, . 
Harwich, . 
Mashpee, . 
Orleans, 
Provincetown, 
Sandwich, . 
Truro, 
Wellfleet, . 
Yarmouth, 



Thirty-seven hundred dollars, . $3,700 00 

Thirteen hundred dollars, . . 1,300 00 

Nine hundred dollars, ... 900 00 

Sixteen hundred and twenty dol- 
lars ". . 1,620 00 

Two hundred and eighty dollars, . 280 00 

Four thousand and eighty dollars, . 4,080 00 

Twelve hundred and twenty dol- 
lars, 1,220 00 

One hundred and twenty dollars, . 120 00 

Six hundred and eighty dollars, . 680 00 

Twenty-three hundred dollars, . 2,300 00 

Twentv-one hundred and twenty 

dollars 2,120 00' 

Three hundred and twenty dollars, 320 00 

Ten hundred and eighty dollars, . 1,080 00 

Seventeen hundred and eighty dol- 
lars 1,780 00 

$21,500 00 



Berkshire 
County. 



BERKSHIRE COUNTY. 



Adams, 
Alford, . 
Becket, 
Cheshire, . 
Clarksburg, 
Dal ton, 
Egremont, 
Florida, 



Thirty-five hundred and sixty dol- 
lars, $3,560 00 

Three hundred dollars, ... 300 00 

Four hundred and sixty dollars, . 460 00 

Nine hundred dollars, ... 900 00 

Two hundred and forty dollars, . 240 00 

Eighteen hundred and twenty dol- 
lars, 1,820 00 

Five hundred dollars, ... 500 00 

One hundred and eighty dollars, . 180 00- 



1884. — Chapter 311. 



327 



BERKSHIRE COUNTY — Concluded. 



Berkshire 
County. 



Great Barrington, 
Hancock, . 
Hinsdale, . 
Lanesborough, . 
Lee, . 
Lenox, 
Monterey, . 
Mt. Washington, 
New Ashford, . 
New Marlboro', 
North Adams, . 
Otis, . 
Peru, . 
Pittsfield, . 
Richmond, 
Sandisfield, 
Savoy, 
Sheffield, . 
Stockbridge, 
Tyringham, 
Washington, 
W. Stockbridge, 
Williamstown, . 
Windsor, . 



Thirty-two hundred and forty do! 

lars, 

Four hundred and eighty dollars, 

Nine hundred dollars, 

Six hundred and eighty dollars, 

Twenty-three hundred dollars, 

Sixteen hundred and twenty dol 

lars, 
Three hundred dollars, 

Eighty dollars. 

One hundred dollars, 

Eight hundred dollars, 

Fifty-six hundred and forty dollars, 

Two hundred and eighty dollars. 

One hundred and sixty dollars. 

Ninety -seven hundred and forty 

dollars, .... 

Five hundred and forty dollars. 

Four hundred and sixty dollars, 

Two hundred and forty dollars. 

Eleven hundred and sixty dollars, 

Three thousand and sixty dollars, 

Two hundred and eighty dollars, 

Two hundred and forty dollars, 

Nine hundred dollars. 

Eighteen hundred and eighty dol 

lars, ... 
Two hundred and sixty dollars. 



$3,240 00 
480 00 

900 00 

680 00 

2,300 00 

1,620 00 
300 00 

80 00 

100 00 

800 00 

5,640 00 

280 00 

160 00 

9,740 00 
540 00 

460 00 

240 00 

1,160 00 

3,060 00 

280 00 

240 00 

900 00 



1,880 00 
260 00 

$43,300 00 



328 

Bristol County. 



1884. — Chapter 311. 
bristol county. 



Acushnet, . 
Attleborough, 
Berkley, . 
Dartmouth, 
Dighton, . 
Easton, 
Fairhaven, 
Fall River, 
Freetown, . 
Mansfield, . 
New Bedford, 
Norton, 
Raynham, . 
Rehoboth, . 
Somerset, . 
Seekonk, . 
Swanzey, . 
Taunton, . 
Westport, . 



Seven hundred and sixty dollars, . 

Sixty-two hundred and twenty dol- 
lars, ...... 

Five hundred and twenty dollars, . 

Twenty-five hundred and foity dol- 
lars, 

Nine hundred and twenty dollars, . 

Foi'ty-five hundred and twenty dol- 
lars, ...... 

Eighteen hundred and sixty dollars. 

Forty-eight thousand and forty dol- 
lars, 

One thousand dollars. 

Thirteen hundred and eighty dol 
lars, 

Thirty-four thousand three hundred 
and sixty dollars, 

Nine hundred and eighty dollars. 

Eleven hundred and sixty dollars, 

Eight hundred and eighty dollars. 

Thirteen hundred and eighty dol 

lars ..... 
Eight hundred dollars, . 

Nine hundred and twenty dollars, 

Eighteen thousand nine hundred 

and eighty dollars, 
Sixteen hundred and twenty dollars. 



$760 00 



6,220 00 
520 00 



2,640 00 
920 00 



4,520 00 
1,860 00 



48,040 00 
1,000 00 



1,380 00 

34,360 00 
980 00 

1,160 00 

880 00 



1,.380 00 
800 00 

920 00 



18,980 00 
1,620 00 



1128,840 00 



Dnkee'County. 





DUKES COUNTY. 




Chilmark, . 


Three hundred dollars, . 


$300 00 


Cottage City, 


Thirteen hundred dollars. 


1,300 00 


Edgartown, 


Nine hundred and eighty dollars, . 


980 00 


Gay Head, 


Twenty dollars, .... 


20 00 



Gosnold, 
Tisbury, 



1884. — Chaptek 311. 

DUKES COUNTY — Concluded. 



Two hundred and twenty dollars, 
Eight hundred and twenty dollars, 



329 



Dukes County. 



$220 00 
820 00 



$3,640 00 



ESSEX COUNTY. 



Essex County. 



Amesbury, . Eighteen hundred and eighty dol- 
lars, 

Andover, . . Fifty-five hundred and twenty dol- 
lars, 

Beverly, . . Eleven thousand one hundred and 
forty dollars, 

Boxford, . . Seven hundred and forty dollars, 
i 

Bradford, . . Fifteen hundred and sixty dollars, 

Dan vers, . . Forty-two hundred and eighty dol- 
lars, 

Essex, . . Eleven hundred dollars, . 

Geoi'getown, . Twelve hundred dollars, 

! 

Gloucester, . { Eleven thousand one hundred and 

I sixty dollars, 
Groveland, . i Ten hundred and forty dollars, 

Hamilton, . . Seven hundred and forty dollars, 

Haverhill, . . Thirteen thousand five hundred and 
sixty dollars, 

Ipswich, , . Twenty-three hundred and eighty 
dollars, 

Lawrence, . . Thirty thousand one hundred dol- 
lars, 

Lynn, . . Twenty-eight thousand six hundred 

I and eighty dollars, 

Lynnfield, . . Six hundred and forty dollars, 

Manchester, . Forty-one hundred and twenty dol- 

! lars, ..... 
Marblehead, . Forty-six hundred dollars, 

Merrimac, . . Thirteen hundred and eighty dol- 
lars, 

Methuen, . . Thirty-one hundred and sixty dol- 
lars, ..... 

Middleton, . Six hundred dollai's. 



$1,880 00 

5,520 00 

11,140 00 

740 00 

1,560 00 



4,280 00 
1,100 00 

1,200 00 



11,160 00 
1,040 00 

740 00 



13,560 00 

2,380 00 

30,100 00 

28,680 00 

640 00 



4,120 00 
4,600 00 



1,380 00 

3,160 00 
600 00 



330 



1884. — Chaptek 311. 



Essex County. ^ 



ESSEX COUNTY — Concluded. 



Franklin 
Oonnty. 



Nahant, 
Newbury, . 
Newburyport, 
North Andover 
Peabody, . 
Rockport, . 
Rowley, 
Salem, 
Salisbury, - 
Saugus, 
Swampscott, 
Topsfield, . 
Wenham, . 
West Newbury, 



Sixty-nine hundred dollars, . 
Eleven hundred and eighty dollars, 

Ninety-four hundred and forty dol- 
lars, 

Twenty-nine hundred and foity dol- 
lars, 

Eight thousand and forty dollars. 

Twenty-three hundred and eighty 

dollars, .... 

Six hundred and forty dollars, 

Thirty thousand six hundred and 

sixty dollars. 
Twenty-five hundred and eighty 

dollars, .... 

Fifteen hundred and sixty dollars. 

Forty-two hundred and eighty dol 

lars, 

Eight hundred and eighty dollai-s, 

Six hundred and twenty dollars, 

Thirteen hundred and twenty dol 
lars, 



$6,900 00 
1,180 00 

9,440 00 

2,940 00 
8,040 00 



2,380 00 
640 00 



30,660 00 

2,580 00 
1,560 00 



4,280 00 
880 00 

620 00 



1,320 00 



$203,000 00 



FRANKLIN COUNTY. 



Ashfield, . 


Five hundred and forty dollars, 


$540 00 


Bernardston, 


Five hundred and twenty dollars, . 


520 00 


Buckland, . 


Six hundred and forty dollars. 


640 00 


Charlemont, 


Four hundred dollars, 


400 00 


Colrain, 


Seven hundred and sixty dollars, . 


760 00 


Conway, . 


Eight hundred and sixty dollars, . 


860 00 


Deerfield, . 


Fifteen hundred dollars, . 


1,500 00 


Erving, 


Three hundred and eighty dollars, 


380 00 


Gill, . 


Five hundred dollars. 


500 00 



1884. — Chapter 311. 

FRANKLIN COUNTY — Concloded. 



331 



Franklin 
County. 



Greenfield, 
Hawley, . 


Thirty-seven hundred and twenty 
dollars, ..••.. 
Two hundred dollars, 


$3,720 00 
200 00 


Heath, 


Two hundred and twenty dollars, . 


220 00 


Leverett, . 


Three hundred and twenty dollars, 


320 00 


Leyden, 


Tavo hundred and forty dollars, 


240 00 


Monroe, 


Forty dollars, 


40 00 


Montague, 
New Salem, 


Thirty-two hundred and forty dol- 
lars, 

Three hundred and eighty dollars, 


3,240 00 
380 00 


Northfield, 


Eight hundred and twenty dollars, 


820 00 


Orange, 


Two thousand and sixty dollars, . 


2,060 00 


Rowe, 


Two hundred dollars, 


200 00 


Shelburne, 


One thousand dollars, 


1,000 00 


Shutesbury, 


One hundred and eighty dollars, . 


180 00 


Sunderland, 


Four hundred and eighty dollars, . 


480 00 


Warwick, . 


Three hundred and sixty dollars, . 


360 00 


Wendell, . 


Two hundred and twenty dollars, . 


220 00 


Whately, . 


Five hundred and twenty dollars, . 


520 00 




$20,300 00 



HAMPDEN COUNTY, 



Hampden 
County. 



Agawam, . 
Blandford, 
Brimfield, . 
Chester, 
Chicopee, . 
Granville, . 



Fourteen hundred and eighty dol- 
lars, 

Four hundred and twenty dollars, . 

Six hundred dollars, 

Six hundred dollars, 

Sixty-two hundred and forty dol- 
lars, 

Four hundred and forty dollars. 



1,480 00 
420 00 

600 00 

600 00 



6,240 00 
440 00 



332 



1884. — Chapter 311. 



Hampden 
County. 



HAMPDEN COUNTY — Concluded. 



Hampden, . 
Holland, . 
Holyoke, . 
Longmeadow, 
Ludlow, 
Monson, . 
Montgomeiy, 
Palmer, 
Russell, 
Southwick, 
Springfield, 
Tolland, . 
Wales, 
Westfield, . 
West Springfield, 
Wilbraham, 



Five hundred and twenty dollars. 

One hundred and forty dollars. 

Fifteen thousand six hundred and 

sixty dollars. 
Thirteen hundred and forty dollars. 

Eight hundred and eighty dollars, 

Nineteen hundred dollars, 

One hundred and sixty dollars. 

Twenty - eight hundred and forty 

doUai'S, 

Five hundred dollars. 

Seven hundred dollars, . 

Forty-one thousand nine hundred 

dollars, 

Two hundred and twenty dollars, 

Four hundred and forty dollars. 

Seventy-two hundred dollars, . 

Thirty-seven hundred and twenty 

dollars, 

Eight hundred and forty dollars. 



$520 00 


140 00 


15,660 00 
1,340 00 


880 00 


1,900 00 


160 00 


2,840 00 
500 00 



700 00 

41,900 00 
220 00 

440 00 

7,200 00 



3,720 00 
840 00 



5,740 00 



Hampshire 
County. 



HAMPSHIRE COUNTY. 



Amherst, . 

Belchertown, 

Chesterfield, 

Cummington, 

Easthampton, 

Enfield, . 

Goshen, 



Three thousand and twenty dollars, 

Twelve hundred and twenty dol- 
lars, 

Three hundred and sixty dollars. 

Four hundred and twenty dollars, 

Twenty-eight hundred dollars. 

Eight hundred and sixty dollars. 

One hundred and forty dollars, 



$3,020 00 

1,220 00 
360 00 

420 00 

2,800 00 

860 00 

140 00 



1884. — Chaptek 311. 

HAMPSHIRE COUNTY — Concluded. 



333 



Gran by, 

Greenwich, 

Hadley, 

Hatfield, . 

Huntington, 

Mddlefield, 

Northampton, 

Pelham, 

Plain field, . 

Prescott, . 

South Hadley, 

Southampton, 

Ware, 

Westhampton, 

Williamsburg, 

Worthington, 



Five hundred and twenty dollars, . 

Three hundred and twenty dollars. 

Thirteen hundred and eighty dol- 
lars, 

Twelve hundred dollars, 

Five hundred and eighty dollars. 

Three hundred and eighty dollars, , 

Ninety-four hundred and forty dol- 
lars, 

Two hundred dollars, 

Two hundred dollars. 

Two hundred and twenty dollars, 

Twenty-two hundred and twenty 

dollars, .... 
Six hundred dollars. 

Twenty-six hundred and forty dol- 
lars, 

Three hundred and twenty dollars. 

Eleven hundred and forty dollars, 

Three hundred and eighty dollars. 



Hampshire 

County. 



$520 00 
320 00 

1,380 00 
1,200 00 

580 00 

380 00 

9,440 00 
200 00 

200 00 

220 00 



2,220 00 
600 00 



2,640 00 
320 00 

1,140 00 

380 00 



$30,560 00 



MIDDLESEX COUNTY. 



Middlesex 
County. 



Acton, 

Arlington, 

Ashby, 

Ashland, 

Ayer, 

Bedford, 

Belmont, 



Fourteen hundred and eighty dol- 
lars, 

Fifty-seven hundred and eighty dol- 
lars, 

Five hundred and eighty dollars, . 

Fifteen hundred and eighty dollars. 

Twelve hundred and forty dollars, . 

Eight hundred and eighty dollars, . 

Thirty-five hundred and twenty dol- 
lars, 



$1,480 00 

5,780 00 
580 00 

1,580 00 

1,240 00 

880 00 

3,520 00 



334 



1884. — Chapter 311. 



Middlesex 
County, 



MIDDLESEX COUNTY — Continued. 



Billerica, . 

Boxborough, 

Burlington, 

Cambridge, 

Carlisle, 

Chelmsford, 

Concord, 

Dracut, 

Dunstable 

Everett, 

Framingham, 

Groton, 

Holliston, 

Hopkinton 

Hudson, 

Lexington, 

Lincoln, 

Littleton, 

Lowell, 

Maiden, 

Marlborouj 

Maynard, 

Medford, 

Melrose, 

Natick, 

Newton, 



h. 



Twenty-one hundi-ed and sixty dol- 
lars, . . . . . 
Three hundred dollars, . 

Five hundred and sixty dollars. 

Fifty-nine thousand seven hundred 

and eighty dollars, 
Four hundred and forty dollars. 

Nineteen hundred and forty dollars, 

Thirty-eight hundred and sixty dol- 
lars, 

Thirteen hundred and twenty dol- 
lars, ...... 

Three hundred and sixty dollars, . 

Fifty-three hundred dollars, . 

Sixty-five hundred and twenty dol- 
lars, 

Thirty-five hundred and sixty dol- 
lars, . .... 

Two thousand dollars, . 

Twenty-seven hundred dollars. 

Twenty-two hundred and sixty dol- 
lars, 

Twenty-nine hundred dollars, 

Fifteen hundred and twenty dollars, 

Eight hundred and eighty dollars, . 

Fifty-five thousand four hundred 

and twenty dollars. 
Twelve thousand nine hundred and 

twenty dollars, .... 
Forty-six hundred and sixty dollars, 

Nineteen hundred dollars. 

Ninety-three hundred and sixty dol- 
lars, 

Forty-four hundred and forty dol- 
lars, 

Fifty-three hundred and twenty dol- 
lars, ...... 

Thirty-two thousand one hundred 
and eighty dollars. 



$2,160 00 
300 00 


560 00 


59,780 00 
440 00 


1,940 00 


3,860 00 


1,320 00 
360 00 


5,300 00 


6,520 00 



3,560 00 
2,000 00 

2,700 00 



2,260 00 
2,900 00 

1,520 00 

880 00 

55,420 00 

12,920 00 
4,660 00 

1,900 00 

9,360 00 

4,440 00 

5,320 00 

32,180 00 



1884. — Chapter 311. 



335 



MIDDLESEX COUNTY — Concluded. 




Middlesex 
County. 


North Reading, 


Five hundred and eighty dollars, . 


$580 00 


Pepperell, . 
Reading, . 
Sherborn, . 


Eighteen hundred and twenty dol- 
lai's, ...... 

Twenty -seven hundred and forty 
dollars, 

Nine hundred and eighty dollars, . 


1,820 00 

2,740 00 
980 00 


Shirley, 


Eight hundred and sixty dollars, . 


860 


00 


Somerville, 
Stoneham, . 


Twenty-six thousand three hundred 

dollars, 

Thirty-five hundred dollars, . 


26,300 
8,500 


00 
00 


Stow, . 


Ten hundred and eighty dollars, . 


1,080 


00 


Sudbury, . 


Twelve hundred and twenty dollars, 


1,220 


00 


Tewksbury, 
Townsend, 


Thii'teen hundred and twenty dol- 
lars, 

Thirteen hundred dollars, 


1,320 
1,300 


00 
00 


Tyngsborough, . 


Four hundred and forty dollars, 


440 


00 


Wakefield, . 
Waltham, . 
Watertown, 


Forty-two hundred and eighty dol- 
lars, ...... 

Eleven thousand two hundred and 
eighty dollars, .... 

Eighty-nine hundred dollars, . 


4,280 00 

11,280 00 
8,900 00 


Wayland, . 


Fourteen hundred and forty dollars, 


1,440 


00 


Westford, . 


Thirteen hundred dollars, 


1,300 


00 


Weston, 
Wilmington, 


Twenty-four hundred and eighty 

dollars, 

Six hundred and sixty dollars, 


2,480 00 
660 00 


Winchester, 


Forty-four hundred dollai's, . 


4,400 00 


Woburn, . 


Ninety-six hundred dollars, . 


9,600 


00 




$326,100 00 



•Nantucket, 



NANTUCKET COUNTY. 



Nantucket 
County. 



Three thousand and sixty dollars, 



$3,060 00 



336 



Norfolk County. 



1884. — Chapter 311. 
norfolk county. 



Bellingham, 
Braintree, . 
Brookline, . 
Canton, 
Cohasset, . 
Dedham, . 
Dover, 
Foxboi-ough, 
Franklin, . 
Holbrook, . 
Hyde Park, 
Medfield, . 
Medway, . 
Milton, 
Needham, . 
Norfolk, 
Norwood, . 
Quincy, . 
Randolph, . 
Sharon, 
Stoughton, 
Walpole, . 
Wellesley, . 
Weymouth, 
Wrentham, 



Six hundred and eighty dollars, 

Thirty-seven hundred and twenty 

dollars, .... 

Thirty-one thousand two hundred 

and sixty dollars, 
Thirty-seven hundred and eighty 

dollars, .... 

Thirty-six hundred and twenty doL 

lars, . . 
Sixty-five hundred and twenty dol 

lars, 

Five hundred and foi'ty dollars. 

Seventeen hundred and eighty dol 
lars, 

Twenty-one hundred and eighty 
dollars, .... 

Seventeen hundred dollars, . 

Fifty-four hundred and twenty dol- 
lars, 

Thirteen hundred and sixty dollars, 

Nineteen hundred and eighty dol- 
lars, 

Thirteen thousand one hundred and 
eighty dollars, .... 

Two thousand and twenty dollars, 

Four hundred and sixty dollars. 

Twenty-two hundred and twenty 

dollars, 

Nine thousand dollars, . 

Twenty-nine hundred dollars. 

Thirteen hundred dollars. 

Twenty-six hundred dollars, . 

Sixteen hundred and forty dollars. 

Thirty-eight hundred and eighty 
dollaf-s, 

Seventy-three hundred and twenty 
dollars, 

Fifteen hundred and forty dollars, . 



$680 00 

3,720 00 

31,260 00 

3.780 00 

3,620 00 

6,520 00 
540 00 

1,780 00 

2,180 00 
1,700 00 



5,420 00 
1,360 00 



1,980 00 

13,180 00 
2,020 00 

460 00 



2,220 00 
9,000 00 

2,900 00 

1,300 00 

2,600 00 

1,640 00 

3,880 00 

7,320 00 
1,540 00 

$112,600 00 



1884. — Chapter 311. 



337 



PLYMOUTH COUNTY. 



Plymouth 
County. 



Abington, . 

Bridgewater, 

Brockton, . 

Carver, 

Duxbury, . 

E. Bridgewater, 

Halifax, 

Hanover, . 

Hanson, 

Hingham, . 

Hull, . 

Kingston, . 

Lakeville, . 

Marion, 

Marshfield, 

Mattapoisett, 

Middleborough 

Pembroke, 

Plymouth, 

Plympton, 

Rochester, 

Rockland, 

Scituate, 

South Abington 

South Scituate, 

Wareham, . 

W. Bridgewater, 



Twenty-two hundred and twenty 
dollars, . , . . . 

Twentj'-seven hundred and sixty 
dollars, .... 

Ten thousand four hundred dollars 

Six hundred and eighty dollars, 

Fourteen hundred and eighty dol- 
lars, 

Eighteen hundred and sixty dollai'S 

Three hundred dollars, . 

Fourteen hundred and twenty dol- 
lars, ... . 
Six hundred and eighty dollars. 

Forty-two hundred and forty dol- 
lars, 

Sixteen hundred and sixty dollars 

Twenty-two hundred and twenty 

dollars, .... 

Five hundred and eighty dollars, 

Nine hundred and sixty dollars, 

Thirteen hundred dollars, 

Fifteen hundred and eighty dollars 

Thirty-four hundred and eighty dol- 
lars, ..... 
Eight hundred dollars, . 

Fifty-six hundred and twenty dol- 
lars, 

Three hundred and sixty dollars, 

Five hundred and sixty dollars, 

Twenty-six hundred and eighty dol- 

lai's, 

Fifteen hundred and sixty dollars, 

Twenty-six hundred dollars, . 

Thirteen hundred and forty dollars 

Fourteen hundred and forty dollars 

Eleven hundred and twenty dollars 



$2,220 00 

2,760 00 

10,400 00 

680 00 



1,480 00 
1,860 00 

300 00 



1,420 00 
680 00 


4,240 00 
1,660 00 


2,220 00 
580 00 


960 00 


1,300 00 


1,580 00 


3,480 00 
800 00 


5,620 00 
360 00 



560 00 

2,680 00 

1,560 00 

2,600 00 

1,340 00 

1,440 00 

1,120 00 



$55,900 00 



/ 



338 



Suffolk County. 



1884. — Chapter 311. 
suffolk county. 



Boston, 


Seven hundred and seventy thou- 
sand seven hundred and forty 






dollars, 


$770,740 00 


Chelsea, . 


Nineteen thousand two hundred 






and sixty dollars. 


19,260 00 


Revere, 


Twenty-eight hundi'ed and eighty 






dollars, 


2,880 00 


Wintbrop, . 


Eighteen hundred and forty dollars, 


1,840 00 




$794,720 CO 



Worcester 
County. 



WORCESTER COUNTY. 



Ashburnham, 

Athol, 

Auburn, 

Barre, 

Berlin, 

Blackstone 

Bolton, 

Boylston, 

Brookfield, 

Charlton, 

Clinton, 

Dana, 

Douglas, 

Dudley, 

Fitchburg, 

Gardner, 

Grafton, 



Eleven hundred and forty dollars 

Twenty-eight hundred dollars, 

Five hundred and eighty dollars, 

Seventeen hundred and sixty dol 

lars, 

Five hundred and eighty dollars. 

Twenty-four hundred and sixty dol 

lars, ..... 
Six hundred dollars, 

Five hundred and eighty dollars. 

Fifteen hundred and forty dollars, 

Twelve hundred and forty dollars 

Fifty-nine hundred dollars. 

Three hundred and twenty dollars 

Twelve hundred and forty dollars 

Eleven hundred and twenty dollars 

Twelve thousand seven hundred 

and twenty dollars. 
Thirty-two hundred and twenty dol 

lars, 

Twenty -four hundred and eighty 

dollars, 



$1,140 00 

2,800 00 

580 00 



1,700 00 
680 00 



2,460 00 
600 00 

580 00 
1,540 00 
1,240 00 
5,900 00 

320 00 
1,240 00 
1,120 00 

12,720 00 
3,220 00 
2,480 00 



1884 — Chapter 311. 

WORCESTER COUNTY — Continued. 



339 



Worcester 
County. 



Hardwick, . 
Harvard, . 
Holden, 

Hubbardston, . 
Lancaster, . 
Leicester, . 
Leominster, 
Lunenburg, 
Mendon, . 
Milford, . 
Millbury, . 
New Braintree, . 
Northborough, . 
Northbridge, 
North Brookfield, 
Oakham, . 
Oxford, . 
Paxton, 
Petersham, 
Phillipston, 
Princeton, . 
Royalston, . 
Rutland, . 
Shrewsbuiy, 
Southborough, . 
Southbridge, 



Thirteen hundred and eighty dol 

lars, 

Eleven hundred dollars, . 

Twelve hundred dollars. 

Nine hundred dollars. 

Three thousand dollars, . 

Twenty-one hundred dollars, . 

Forty-five hundred and sixty dol- 
lars, 

Eight hundi'ed and forty dollars. 

Seven hundred and twenty dollars. 

Sixty -three hundred and twenty 
dollars, 

Twenty-five hundred and twenty 
dollars, 

Five hundred and forty dollars. 

Thirteen hundred and twenty dol- 
lars, 

Thirty-one hundred and twenty dol- 
lars, 

Twenty-three hundred dollars. 

Four hundred and twenty dollars, , 

Sixteen hundred and sixty dollars. 

Three hundred and twenty dollars, 

Seven hundred and twenty dollars. 

Three hundred and forty dollars. 

Ten hundred and twenty dollars. 

Nine hundred and forty dollars. 

Five hundred and sixty dollars, 

Twelve hundred dollars. 

Fifteen hundred and eighty dollars. 

Thirty-seven hundred and sixty dol- 
lars, 



$1,380 00 
1,100 00 

1,200 00 

900 00 

3,000 00 

2,100 00 



4,560 00 
8-iO 00 

720 00 



6,320 00 

2,520 00 
540 00 



1,320 00 

3,120 00 
2,300 00 

420 00 

1,660 00 

320 00 

720 00 

340 00 

1,020 00 

940 00 

560 00 

1,200 00 

1,580 00 

3,760 00 



340 



"Worcester 
County. 



1884. — Chapter 311. 

WORCESTER COUNTY — Concluded. 



Spencer, . 
Sterling, . 


Forty-one hundred and twenty dol- 
lars, 

Ten hundred and eighty dollars, . 


$4,120 00 
1,080 00 


Stui-bridge, 


Twelve hundred and forty dollars. 


1,240 00 


Sutton, 


Sixteen hundred dollars, . 


1,600 00 


Templeton, 


Fourteen hundred and sixty dollars, 


1,460 00 


Upton, 


One thousand dollars, 


1,000 00 


Uxbridge, . 
Warren, . 


Twenty-four hundred and twenty 

dollars 

Twentj'-five hundred and eighty 


2,420 00 


Webster, . 


dollars, 

Twenty -eight hundred and sixty 


2,580 00 


Westborough, . 
West Boylston, . 


dollars, 

Thirty -one hundred and twenty 

dollars, 

Thirteen hundred and eighty dol- 


2,860 00 
3,120 00 


West Brookfield, 


lars, 

Ten hundred and twenty dollars, . 


1,380 00 
1,020 00 


Westminster, . 


Nine hundred and sixty dollars, . 


960 00 


Winehendon, 


Twenty-two hundred and sixty dol- 




Woi-cester, 


lars, 

Fifty -five thousand nine hundred 


2,260 00 




and twenty dollars. 


55,920 00 




$167,740 00 



Recapitulation 
by counties. 



RECAPITULATION. 



Barnstable Co., . 


Twenty-one thousand five hundred 






dollars, 


$21,500 00 


Berkshire Co., . 


Forty-three thousand three hundred 






dollars 


43,300 00 


Bristol Co., 


One hundred and twenty-eight thou- 
sand eight hundred and forty dol- 






lars, 


128,840 00 


Dukes Co., 


Three thousand six hundred and 






forty dollars, .... 


3,640 00 


Essex Co., . 


Two hundred and three thousand 






dollars, 


203,000 00 


Franklin Co., . 


Twenty thousand three hundred 






dollars, 


20,300 00 


Hampden Co., . 


Eighty-eight thousand seven hun- 






dred and forty dollars, . 


88,740 00 



1884 — Chapter 311. 



341 



RECAPIT[JLATION — Concluded. 



Recapitulation 
by counties. 



Hampshire Co., 
Middlesex Co., 
Nantucket Co., 
Norfolk Co., 
Plymouth Co., 
Suffolk Co., 

Worcester Co., 



Thirty thousand five hundred and 
sixty dollars, .... 

Three hundred and twenty - six 
thousand one hundred dollars, . 

Three thousand and sixty dollars, . 

One hundred and twelve thousand 
six hundred dollars, 

Fifty-five thousand nine hundred 
dollars, 

Seven hundred and ninety -four 
thousand seven hundred and 
twenty dollars, .... 

One hundred and sixty-seven thou- 
sand seven hundred and forty 
dollars, 



$30,560 00 

326,100 00 
3,060 00 



112,600 00 
55,900 00 

794,720 00 

167,740 00 



$2,000,000 00 



Section 2. The treasurer of the Commonwealth shall 
forthwith send his warrant, directed to the selectmen or 
assessors of each city or town taxed as aforesaid, 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, 
requiring the treasurers of their several cities or towns to 
pay, to the treasurer of the Commonwealth, on or before 
the tenth day of December in the year eighteen hundred 
and eighty-four, the sums set against said cities and 
towns in the schedule aforesaid ; and the selectmen or 
assessors respectively shall return a certificate of the names 
of the treasurers of their several cities and towns, with 
the sum which each may be required to collect, to the 
treasurer of the Commonwealth at some time before the 
first day of October in the year eighteen hundred and 
eighty-four. 

Section 4. If the amount due from any city or town, 
as provided in this act, is not paid to the treasurer of the 
Commonwealth within the time specified, then the said 



Treasurer of 
the Common- 
wealth to issue 
warrants. 



To require 
selectmen or as- 
sessors to issue 
warrants to city 
or town treas- 
urers. 



To-notify treas- 
urers of delin- 
quent cities and 
towns. 



342 1884 — Chapters 312, 313. 

treasurer shall notify the treasurer of such delinquent city 
or town, who shall pay into the treasury of the Common- 
wealth, in addition to the tax, such further sum as would 
be equal to one per centum per month during such delin- 
quenc}', from and after the tenth day of December in the 
year eighteen hundred and eighty-four ; and if the same 
remains unpaid after the first day of January in the year 
eighteen hundred and eighty-five, an information may be 
filed by the treasurer of the Commonwealth in the supreme 
judicial court, or before any justice thereof, against such 
Warrant of delinquent city or town; and upon notice to such city or 

dietresamay ■ i u • *1 t c J' 

issue. 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 June 2, 18S4. 

Ch(ip.S1.2i ■'^N Act authorizing the transfer of a certain map fkom the 

STATE LIBRARY TO THE UNITED STATES COAST AND GEODETIC 
SURVEY. 

Be it enacted, etc., as follows: 
Transfer of a The librarian of the state library is hereby authorized to 

map from the . <» i tt • "i o 

state library to trausfcr to thc Superintendent oi the United otates coast 
8tates"co'a8t and geodctic survey a certain map, now in the state 
survey. library, known and designated as a " map of the route of 

the proposed Cape Cod ship canal," prepared by W. H. 
Dennis of the United States coast survey in the year eight- 
een hundred and sixty, — whenever a certified copy of 
the same shall be deposited in said library by the said 
superintendent above named. 

Approved June 2, 1884. 

CAa».313 -^^ -^^^ CONCERNING CONDITIONAL SALES OF FURNITURE OR OTHER 

HOUSEHOLD EFFECTS. 

Be it enacted, etc., as follows: 

2oef*ff"rn- SECTION 1. All contracts for the sale of furniture or 

tare. othcr houschold etfects made on condition that the title 

to the property sold shall not pass until the price is paid 
in full, whether such contract be in the form of a lease or 
otherwise, shall be in writing, and a copy thereof shall be 
furnished the vendee by the vendor at the time of such sale ; 



1884. — Chapteh 314. 343 

and all payments made by or in behalf of the vendee, and 
all charjjes whether in the nature of interest or otherwise 
as they accrue, shall be endorsed by the vendor or his 
agent upon such copy if the vendee so requests. If the 
vendor fails to comply with any of the provisions of this 
section throuo^h neo;liorence, his rights under such contract 
shall be suspended while such default continues ; and if 
he refuses, or wilfully or fraudulently fails to comply 
with any of such provisions he shall be deemed to have 
waived the condition of such sale. 

Section 2. The vendor upon taking possession of y*?"'^'""^"'""'"- 

. , ^ I o 1 _ nir'li vendee 

such iurniture or effects for non-compliance with the terms with an itemized 
of such contract of sale, shall furnish the vendee or other taking possee" 
person in charge of such furniture or effects an itemized tu*r'e.° ^"™ 
statement of the account showing the amount then 
due thereon ; and the fifteen days provided by section 
thirteen of chapter one hundred and ninety-two of the 
Public Statutes during which the vendee shall have the 
right to redeem the furniture or household efiects so taken 
shall not begin to run until such statement is furnished, 
provided the vendee or other person in charge can be 
found by the vendor by the exercise of reasonable care 
and diligence. Approved June 2, 1884. 

An Act to provide for the further improvement of the com- C/iaw.Sli 

monwealth's flats at south boston. 
Be it enacted, etc., as follows. • 

Section 1. For the purpose of enforcing and execut- improvement of 
ing the provisions and requirements of existing laws relat- Boston. °"' 
ing to the Commonwealth's flats at South Boston and for 
the payment of money which may be needed to carry out 
the provisions of chapter two hundred and thirty-nine of 
the acts of the year eighteen hundred and seventy-five, the 
sum of five hundred thousand dollars is hereby appropri- 
ated from the Commonwealth's flats improvement fund, 
established by chapter two hundred and thirty-seven of 
the acts of the year eighteen hundred and seventy-eight. 

Section 2. In order to increase the amount of moneys Money to be 
in the said improvement fund available for the pui-poses provement"fund 
aforesaid, and in anticipation of receipts from the sales or mentronhi's''^'' 
use of the Common ueallh's said lands at South Boston, a^t. 
the treasurer of the Commonwealth shall from time to time 
pay from the treasury into the Commonwealth's flats im- 
provement fund, such sums as may be required under thia 



344 1884. — Chapters 315, 316. 

act ; but the amount so paid before the first day of July 
in the year eighteen hundred and eighty-five shall not ex- 
ceed two hundred thousand dollars. 
^nkingor°tru8t SECTION 3. The treasurer may also, with the approval 
fund. of the governor and council, transfer the agreement of the 

New York and New England Eailroad Company for the 
payment of one hundred thousand dollars on or before the 
first day of May in the year eighteen hundred and ninety- 
two, with interest at the rate of five per centum per annum, 
payable semi-annually, which agreement now constitutes 
a part of the said improvement fund, to any sinking or 
trust fund of the Commonwealth, at the face value thereof 
and interest, if any, accrued at the date of such transfer. 
Section 4. This act shall take effect upon its passage. 

Approved June 2, 1884. 

C7l up. 315 ^^ -^^'^ PROVIDING ADDITIONAL APPROPRIATIONS FOR SALARIES AND 
EXPENSKS AT THE STATE REFORM SCHOOL FOR BOYS. 

Be it enacted etc., as follows: 
Appropriations. The snms hereinafter mentioned are appropriated, to be 

paid out of the treasury of the Commonwealth, for the 
state reform purposcs spccificd herein, to wit: — For the payment of 
school, salaries, gj^j.jj.jgg ^^ ^j^g statc rcform school at Westborongh, for 

the term of six months ending on the thirty-first tlay of 
December in the year eighteen and eighty-four, a sum 
not exceeding seven thousand dollars, to be in addition to 
the eight thousand dollars appropriated by chapter fifty- 
one of the acts of the present year. 
Expenses. For the payment of other expenses at the state reform 

school at Wesiborough, a sum not exceeding ten thousand 
dollars for the six months ending on the thirty-first day of 
December in the year eighteen hundred and eighty-four, 
being in addition to the ten thousand dollars appropriated 
by chapter fifty-one of the acts of the present year ; and 
if the said school shall be established in any other locality 
this appropriation is hereby made applicable for the pay- 
ment of expenses of the school so established. 

A2:)proved Jane 5, 1884. 

(7/<rt».316 ■'^^ ^^^ RELATING TO SERVICE OF PROCESS IN PROCEEDINGS IN EQUITY. 

Be it enacted, etc., as follows: 
Suits in equity Scctiou fivc of chaptcr two huudrcd twenty-three of the 

to Dti cntGrGQ 

upon same acts of the year eighteen hundi'ed eighty-three, is amend- 
cases! ^^° ^^ ed so as to read as follows: — Such suits shfcll be entered 



1884 — Chapters 317, 318. 345 

upon the same docket as other cases in the superior court. Return of 
All process shall be made returnable at the term next ^^°'^^^^' 
after fourteen days from the service of the process, if 
required to be served fourteen days before the return day, 
or at the term next after thirty days from such service, if 
required to be served thirty days before the return day, 
or at any rule day within three months after the service of 
the process. Approved June 2, 1884. 

An Act relative to fishing in the meukimack uiveu. (Jliaj) 317 

J5e it enacted,, etc.,, asfolloivs: 

Section 1. Section one of chapter one hundred and F'Bheriesia 

/» 1 /> 1 • 1 1111 MerntnacK 

sixty-six oi the acts of the year eijjhteen hundred and Kiver. 

•^ O P ^ Ql 1882 

eighty-two is hereby amended by inserting after the loe, §'i.' 
word " seine " and before the word " after " in the fourth 
line thereof, the following words " with a mesh not less 
than two and a quarter inches." 

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

Approved June 3, 1884. 

An Act to puevent the use of nets in ponds. (77ltt7?.318 

Be it enacted,, etc, as follows : 

Section 1. Whoever draws, sets, stretches or uses a use of nets in 
drag net, set net, purse net or seine in any pond in the rted'unde"r 
Commonwealth, or aids in so doing, shall be punished by P^^'^'^y- 
a fine of not less than twent3% nor more than fifty dollars, 
one half of which shall be paid to the person making the 
.complaint, and the other half to the county within which 
the offence was committed, and in addition shall forfeit to 
the Commonwealth all fish taken by the above means and 
the seines, boat and other apparatus used. 

Section 2. Trial justices, pcjiice and district courts jurisdiction of 
shall have jurisdiction to enforce the penalties provided in '^°"'''^" 
section one of this act. 

Section 3. This act shall not be construed to interfere Not to interfere 
with the lights of lessees of great ponds in the counties of Tenaingrelt" 
Barnstable, Dukes County and NantucJiet, i