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




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ACTS 



RESOLVES 



PASSED BY THE 



€mml €mri 0f piassarks^tts, 



IN THE YRAR 



18 8 5, 



TOGKTHER 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. 
1885. 



A CONSTITUTION 

OB 

FOKM OF GOVERNMENT 

rOB THB 

Commonb3ealt{j of iEassacijusettg. 



PREAMBLE. 

The end of the institution, maintenance, and administra- ob^cts of 
tion of government, is to secure the existence of the body so"">™«°^ 
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 poutiG 
of individuals : it is a social compact, by which the whole i°8^f°ul^f*^ 
people covenants with each citizen, and each citizen with 
the whole people, that all shall be governed by certain 
laws for the common good. It is the duty of the people, 
therefore, in framing a constitution of government, to 
provide for an equitable mode of making laws, as well as 
for an impartial interpretation and a faithful execution 
of them ; that every man may, at all times, find his secu- 
rity in them. 

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



CONSTITUTION OF THE 

an original, explicit, and solemn compact 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 Mights, and 
Frame of Govermnent, as the Constitution of the Com- 
monwealth OF Massachusetts. 



PART THE FIRST. 

A Declaration of the Rights of the Inhabitants of the 

Commonwealth of Massachusetts. 

nuurai d^bts of ARTICLE I. All mcu are born free and equal, and have 
ail men. Certain natural, essential, and unalienable rights ; among 

which may be reckoned the right of enjoying and defend- 
ing their lives and liberties ; that of acquiring, possessing, 
and protecting property ; in fine, that of seeking and ob- 
taining their safety and happiness. 
Right and duty w \^ jg ^lic v'm\\t as wcU as the duty of all men in 

of public reh- . itii i i-i 

gious worsbip. society, publicly, and at stated seasons, to worship the 
the°rein.'°" SuPREME Being, the great Creator and Preserver of the 
i2^Aiien^*i29, uuivcrse. 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. 
An^x^iTubsti ^^^' t^^ *^^ happiness of a people, and the good order 
tuted*for this, 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 
Legislature em- iustructions in picty, religion, and inorality : Therefore, 
peiTi-OTisiVjnXr to promotc their happiness, and to secure the good order 
public worship; ^^^^ 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 maiie suitable provision, at their own expense, 
for the institution of the public worship of God, and for 
the support and maintenance of public Protestant teachers 
of piety, religion, and morality, in all cases where such 
provision shall not be made voluntarily. 



COMMONWEALTH OF MASSACHUSETTS. 



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

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

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

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

IV. The people of this commonwealth have the sole 
and exclusive right of governing themselves, as a free, 
sovereign, and independent state ; and do, and forever 
hereafter shall, exercise and enjoy every power, jurisdic- 
tion, and right, which is not, or may not hereafter be, by 
them ex})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- 
ecendants, or relations by blood, the idea of a man born a 
magistrate, lawgiver, or judge, is absurd and unnatural. 

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



and to cdJoIb 

attendance 
thereon. 



Exclusive right 
of electing reli- 
gious teachers 
secured. 



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



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

Right of self- 
government 
secured. 



Accountability 
of all officers, 
etc. 



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



Objects of gov 
ernment; right 
of people to 



CONSTITUTION OF THE 



Institute and 
change it. 



Right of people 
to secure rota- 
tion in office. 



All, having the 
qualificationa 
presciibed, 
equally eligible 
to ofliire. 
For the defini- 
tion of "inhabit- 
ant," see Ch. 1, 
Sect. 2, Art. II. 
Right of protec- 
tion and duty of 
contribution 
correlative. 
Taxation found- 
ed on consent. 
16 Mass. 326. 
1 Pick. 418. 
7 Pick. 344. 
12 Pick. 184,467. 
16 Pick. 87. 
2:3 Pick. 360. 
7 Met. 388. 
4 Gray, 474. 
7 Gray, 363. 
14 Gray, 154. 
1 Allen, 150. 
4 Allen, 474. 
Private prop- 
erty not to be 
taken for public 
uses without, 

6 Cash. 327. 



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



Prosecutions 
rf gulated. 
8 Pick. 211. 
10 Pick. 9. 
18 Pick. 434. 



people ; and not for tlie profit, honor, or private interest 
of any one man, family, or class of men : Therefore the 
people alone have an incontestible, unalienable, and inde- 
feasible right to institute government; and to reform, 
alter, or totally change the same, when their protection, 
safety, prosperity, and happiness require it. 

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

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

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

14 Gray, 155. 12 Allen, 223, 230. 108 Mass. 202, 213. 126 Mass. 428, 441. 

16 Gray, 417, 431. 100 Mass. 544, 560. Ill Mass. 130. 127 Mass. 50, 52, 

1 Allen, 1.50. 103 Mass. 120, 124. 113 Mass. 45. 358, 363, 410, 413. 

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

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

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



COMMONWEALTH OF MASSACHUSETTS. 



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



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



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



122 Mass. 332. 
124 Mass. 464. 



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



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

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

XIV. Every subject has a right to be secure from all 
unreasonable searches, and seizures, of his person, his 
houses, his papers, and all his possessions. All warrants, 
therefore, are contrary to this right, if the cause or founda- 
tion of them be not previously supported by oath or affir- 
mation, and if the order in the warrant to a civil officer, to 
make search in suspected places, or to arrest one or more 
suspected persons, or to seize their property, be not accom- 
panied with a special designation of the persons or objects 
of search, arrest, or seizure : and no warrant ought to be 
issued but in cases, and with the formalities prescribed by 
the laws. 

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



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



122 Mass. 505, 516. 

123 Mass. 590, 593. 



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



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

XVII. The people have a right to keep and to bear 
arms for the common defence. And as, in time of peace, 
armies are dangerous to liberty, they ought not to be 
maintained without the consent of the legislature ; and 



21 Pick. 542. 
2 Met. 329. 
12 Gush. 246. 

1 Gray, 1. 

5 Gray, 160. 
8 Gray, 329. 

10 Gray, 11. 

11 Gray, 438. 

2 Allen, 361. 

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

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



Right to trial by 
jury in criminal 
cases, except, 

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

Crimes to be 

proved in the 

vicinity. 

2 Pick. 650. 

121 Mass. 61, 62. 

Right of search 

and seizure 

regulated. 

Const, of U. B., 

Aniend't IV. 

2 Met. 329. 

5 Cush. 369. 

1 Gray, 1. 

13 Gray, 454. 

10 Allen, 403. 

100 Mass. 136, 

139. 

126 Mass. 269, 

273. 



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

7 Pick. 366. 
5 Gray, 144. 

8 Gray, 373. 
11 Allen, 574, 
677. 

102 Mass. 45, 47. 



Liberty of the 
press. 



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



CONSTITUTION OF THE 



Moral qualifica- 
tions for office. 



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



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



Power to sus- 
pend the laws or 
their execution. 



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



Frequent ses- 
Bions, and ob- 
jects thereof. 



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



Export facto 
laws prohibited. 
12 Allen, 421, 
424, 428, 434, 



Legislature not 
to convict of 
treason, etc. 



the military power shall alwaj^s 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 bod}'-, 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. Xo magistrate or court of law shall demand 
excessive bail or sureties, impose excessive fines, or inflict 
cruel or unusual punishments. 

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

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 emploj^ed in the army or navy, and except 
the militia in actual service, but by authority of the legis- 
lature. 

XXIX. It is essential to the preservation of the rights 
of every individual, his life, liberty, property, and charac- 
ter, that there be an impartial interpretation of the laws, 
and administration of justice. It is the right of every 
citizen to be tried by judges as free, impartial, and inde- 
pendent as the lot of humanity will admit. It is, therefore, 
not only the best polic}^ 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. 



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



Citizens exempt 
from law-mar- 
tial, uulcBs, 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 theii 
office. 



Salaries. 



Separation of 
executive, judi 
cial, and legis- 
lative depart- 
meuts. 
2 Cusb. 577. 
2 Allen, 361. 
8 Allen, 247, 253. 
100 Masa. 282, 
286. 

114 Mass. 247, 
249. 

116 Mass. 317. 
129 MasB. 559. 



PART THE SECOND. 



Tlie Frame of G-overnment. 

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 The Commonwealth 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 mzj be 
passed by two- 
thirds of each 
house, notwith- 
standing. 



For exception 
ill case of ad- 
journment of 
the general 
court within 
the five days, 
Bce amend- 
ments. Art. I. 
3 Mass. 507. 
General court 
may constitute 
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, where 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 any bill 
or resolve shall not be returned by the governor within 
five days after it shall have been presented, the same shall 
have the force of a law. 

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



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 hereby given and 
granted full power and authority, from time to time, to 
administer oaths or affirmations, for the better discovery 
of truth in any matter in controversy or depending before 
them. 

IV. And further, full power and authority are hereby 
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 Gray, 1. 

12 Gray, 147, 

154. 



Courts, etc., 
may administer 
oatha. 



General court 
may enact laws, 

9 Gray, 426. 

4 Allen, 473. 

12 Allen, 223, 

237. 

100 Mass. 544, 

557. 

116 Mass. 467, 

470. 

may enact 
laws, etc., not 
rfpugnaiit to 
the constitution. 
6 Allen, 358. 

may provide 
for the flection 
or appointment 
of otlicers. 
115 Mass. 602. 



may prescribe 
their duties. 



may impose 
taxes, etc. 
12 Mass. 2.52. 

5 Allen, 428. 

6 Allen, 558. 

8 Allen, 247, 253. 

10 Allen, 235. 

11 Allen, 268. 

12 Allen, 77, 223, 
235, 2o8, 240, 298, 
300, 312, 313, 500, 
612. 

98 Mass. 19. 

100 Ma.ss. 285. 

101 Mass. 575, 
585. 

103 Mass. 267. 
114 Mass. 388, 
391. 



12 



CONSTITUTION OF THE 



11(3 Mass. 461. 

118 Mass. 386, 

389. 

123 Mass. 493, 

495.' 

127 Mass. 413. 

may Impose 
taxes, etc., to be 
disposed of for 
defeuce, i^rotec- 
tion, etc. 
8Allen,247, 2.J6. 
Valuation of 
estates once in 
ten years, at 
least, while, etc. 
8 Allen, 247. 
126 Mass. 547. 



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

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

For the authority of the general court to charter cities, see ameudments, Art. II. 



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



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 t\\Q 
freeholders and other inhabitants of this commonwealth, 
qualified as in this constitution is provided, forty persons 
to be councillors and senators for the year ensuing their 
election ; to be chosen by the inhabitants of the districts 
into which the commonwealth may, from time to time, be 
divided by the general court for 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 disti-ict, 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 i)ur- 
l)Ose) and shall elect the following number for councillors 
and senators, viz.: — Suffolk, six; Essex, six; Middlesex, 
five ; Hampshire, four ; Plymouth, three ; Barnstable, one ; 
Bristol, three ; York, two ; Dukes County and Nantucket, 
one ; Worcester, five ; Cumberland, one ; Lincoln, one ; 
Berkshire, two.] 



COMMONWEALTH OF MASSACHUSETTS. 



13 



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

The selectmen of the several towns shall preside at 
such meetings impartially ; and shall receive the votes 
of all the inhabitants of such towns present and qualified 
to vote for senators, and shall sort and count them in 
open town meeting, and in presence of the town clerk, 
who shall make a fair record, in presence of the select- 
men, and in open town meeting, of the name of every 
person voted for, and of the number of votes against his 
name : and a fair copy of this record shall be attested by 
the selectmen and the town clerk, and shall be sealed up, 
du'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 May :] and the sheriff of each county shall 
deliver all such certificates by him received, into the 
secretary's office, seventeen days before the said [last 
Wednesday in J\Iay.] 

And the inhabitants of plantations unincorporated, 
qualified as this constitution provides, who are or shall 
be empowered and required to assess taxes upon them- 
selves toward the support of government, shall have 
the same privilege of voting for councillors and senators 



Manner and 
time of choosing 
Beuutoi's and 
councillors. 
Time of election 
chani,'ed by 
iimendmen's, 
Art. X., and 
clianLCed aLjain 
bvameiidmenls, 
An. XV. 
As to cities, see 
amendments, 
Art. n. 
These pro- 
visions as to ihu 
quaUfication.-i of 
voters, super- 
seded by amend- 
ments, Arts. 
in., XX. and 

xxvin. 

Word " inhabit- 
ant " defined. 
See also amend- 
ments. Art. 
XXni., winch 
was aiintilledby 
Art. XXVI. 
12 (Jr.iy, 21. 
122 Mass. 595, 
597. 



Selectmen to 
preside at town 
meetings. 



Return of votes 



As to cities, see 
amendments, 
Art. U. 



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



Inhabitants of 
unincorporated 
plantations, 
who pay state 
taxes, may 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 changed 
to first Wednes- 
day in January 
by amendments, 
Art. X. 
Majority 
changed to 
plurality by 
amendments. 
Art. XIV. 



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

Time clianged 
to first Wt-'tlnes- 
day of January 
by amendments, 
Art. X. 
Majority 
clianged to 
plurality by 
araendmenlB, 
Art. XIV. 



Vacancies, how 

filled. 

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

IV. The senate shall be the final judge of the elec- 
tions, returns and qualifications of their own members, as 
pointed out in the constitution ; and shall, [on the said 
last Wednesday in May] annually, determine and declare 
who are elected by each district to be senators [by a 
majority of votes ; and in case there shall not appear to 
be the full number of senators returned elected by a 
majority of votes for any district, the deficiency shall be 
supplied in the following manner, viz. : The members of 
the house of representatives, and such senators as shall 
be declared elected, shall take the names of such persons 
as shall be found to have the highest number of votes 
in such district, and not elected, amounting to twice the 
number of senators wanting, if there be so many voted 
for ; and out of these shall elect by ballot a number of 
senators sufficient to fill up the'vacancies in such district; 
and in this manner all such vacancies shall be filled up in 



COMMONWEALTH OF MASSACHUSETTS. 



16 



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

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

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

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

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

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



people. 
See amend- 
ments, Art. 
XXIV. 



Qualifications cf 
a senator. 
Property quali- 
fication abol- 
islK^d. 
See amend- 
ments, Art. 
XIII. 

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



Senate not to 
adjourn more 
than two days 



shall choose 
its officers and 
establish its 
rules. 

shall try all 
impeachments. 



Oath. 

Limitation of 
sentence. 



Quorum. 
For further pro 
visions, see 
amendments, 
Art. XXTT. 



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 the 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. 523. 



Proviso as to 
towns having 
less than 100 
ratable polls. 



Towns liable to 
fine in case, etc. 



Expenses of 
travollini? to 
and froni 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. 
XIII. 



Qualifications of 
a voter. 
These pro- 
visions super- 
seded by 
amendments, 
Arts. III., XX. 
and XXVIU. 
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 the prin- 
ciple of equality, every corporate town containing one 
hundred and fifty ratable polls may elect one represen- 
tative ; every corporate town containing three hundred 
and seventy-five ratable polls may elect two representa- 
tives ; every corporate toAvn 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 twe'nty-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 chansred by amendments, Art. X., and changed again by amendmenta, 

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 oh other bills. 

VIH. 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 speaiier; appoint their own ofiBcers, 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 his going 
unto, returning from, or his attending the general assem- 
bly. 

XI. 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 
tiuthority to try and determine, by committees of their own 
members, or in such other way as they may respectively 
think best. 



House alone 
can impeach. 



House to origi- 
nate all money 
bills. 



not to adjourn 
more than two 
days. 



quorum. 
Superseded by 
amendments, 
Art. XXI. 

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

may punish 
for certain 
offences. 
U Gray, 228. 



Privileges of 
members. 



Senate. 
Governor and 
council may 
punish. 

General limita- 
tion. 
14 Gray, 226. 



Trial may be by 
committee, or 
otherwise. 



18 



CONSTITUTION OF THE 



Governort 



Ilia title. 

To be chosen 

annually. 

QualidcatioDB. 



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

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

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



As to cities, see 
amendments, 
Art. U. 



Time changed 
to first Wednes- 
day of January 
by amendmuuts. 
Art. X. 



Changed to 
plurality by 
amendments, 
Art. XIV. 

How chosen, 
when no person 
has a majoritv. 



CHAPTER n. 
EXECUTIVE POWER. 

Section I. 
Governor. 

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

11. 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.] 

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



COMMONWEALTH OF MASSACHUSETTS. 



19 



votes, the house of representatives shall, by ballot, elect 
two out of four persons who had the highest number of 
votes, if so many shall have been voted for ; but, if other- 
wise, out of the number voted for ; and make return to 
the senate of the two persons so elected; on which the 
senate shall proceed, by ballot, to elect one, who shall be 
declared governor.] 

IV. The governor shall have authority, from time to 
time, at his discretion, to assemble and call together the 
councillors of 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 
meats, Art. X. 



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

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



Governor to be 
command«r-iB- 
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 



eommonwealth, 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 virtue of any power by this constitution 
granted, or hereafter to be granted to him by the legis- 
lature, transport any of the inhabitants of this common- 
wealth, or oblige them to march out of the limits of the 
same, without their free and voluntary consent, or the con- 
sent of the general court ; except so far as may be neces- 
sary to march or transport them by land or water, for the 
defence of such part of the state to which they cannot 
otherwise conveniently have access. 

VIII. The power of pardoning offences, except such 
as persons may be 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 tlie advice and consent of the council ; 
and every such nomination shall be made by the governor, 
and made at least seven days prior to such appointment. 

For provision as to election of sheriffs, registers of probate, etc., see amendments, Art. 
XIX. For provision as to appointment of notaries public, 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 aa to appointment of a commissary -general, see amendments. Art. IV. 

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

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

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

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

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



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



Militia officers, 
Low elected. 
Limitation of 
age struck out 
by amend- 
ments. Art. V. 



How commis. 

sioned. 



Election of 
officers. 



Major-gen oral «, 
how appointed 
and commis- 
eioned. 



Vacancies, how 
filled, in case, 
etc. 



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



Adjutants, etc., 
how appointed. 



Array officers, 
how appointed. 



Organization of 

militia. 



22 



CONSTITUTION OF THE 



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



All public 
boards, etc., t© 
make quarterljr 
returns. 



Balary of 
governor. 



Salaries of jus- 
tices of supreme 
judicial court. 



XL 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 ofQcers 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 support, 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 salary, of a fixed and permanent value, ampl}^ 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- BaiaHes to be 
said, so established, are insufficient, they shall, from time fnaumcienL 
to time, be enlarged, as the general court shall judge 
proper. 



CHAPTER n. 

Section II. 

Lieutenant-Governor. 

Article I. There shall be annually elected a lieuten- 
ant-governor of the commonwealth of Massachusetts, 
whose title shall be — His Honor; and who shall be 
qualified, in point of [religion,] property, and residence 
in the commonwealth, in the same manner with the gov- 
ernor ; and the day and manner of his election, and the 
qualifications of the electors, shall be the same as are 
required in the election of a governor. The return of 
the votes for this officer, and the declaration of his election, 
shall be in the same manner; [and if no one person shall 
be found to have a majority of all the votes returned, the 
vacancy shall be filled by the senate and house of 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; his 
title and qiialifl. 
cations. Tlie 
requirement of 
a declaration of 
belief in the 
christian 
religion was 
abolished by 
amendments, 
Art. VU. 



How chosen. 

Election by 
plurality pro 
vided for by 
nracndinents, 
Art. XIV. 



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



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



CHAPTER II. 
Section III. 

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

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



24 



CONSTITUTION OF THE 



changed to 
eight. 

See amend- 
ments, Art. 
XVI. 



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

Superseded by 
amendments. 
Art. XVI. 



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



Rank of 
councillors. 



No district to 
have more than 
two. 



Register of 
council. 



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



Elections may 
oe adjourned 
until, 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 year. The seats of the persons thus elected from 
the senate, and accepting the trust, shall be vacated in the 
senate.] 

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

IV. [Not more than two councillors shall be chosen 
out of any one district of this commonwealth.] 

Superseded by amendments, Art. XVI. 

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

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

VII. [And whereas the elections appointed to be made, 
by this constitution, on the last Wednesday in j\Iay 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 ^hall be completed. And 
the order of elections shall be as follows : the vacancies in 



COMMONWEALTH OF MASSACHUSETTS. 



25 



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



CHAPTER n. 

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 
amendments. 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 
how chosen. 
For provision as 
to election of 
secretary, treas- 
urer, and re- 
ceiver-general, 
and auditor and 
attorney-gen- 
eral, see amend- 
ments. Art. 

xvn. 

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

Secretary to 
lieep records; 
to attend the 
governor and 
council, etc. 



CHAPTER TIL 
JUDICIARY POWER. 

Article I. The tenure, that all commission officers 
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. 
But may be 
removed on 
address. 



Justices of su- 
preme judicial 
court to give 
opinions when 
required. 
122 Mass. 600. 
126 Mass. 557| 

6ai. 



26 



CONSTITUTION OF THE 



Justices of the 
peace ; tenure 
of tlioir office. 
3 Cash. 58i. 



Pi ovisious for 

hclding probate 

courts. 

12 Gray, 147. 



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



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

IV. The judges of probate of wills, and for granting 
letters of administration, shall hold their courts at such 
place or places, on fixed days, as the convenience of the 
people shall require ; and the legislature shall, from time 
to time, hereafter, aj^point such times and places ; until 
which appointments, the said coiarts shall be holden at the 
times and places which the respective judges shall direct. 

V. All causes of marriage, divorce, and alimony, and 
all appeals from the judges of probate, shall be heard and 
determined by the governor and council, until the legis- 
lature shall, by law, make other provision. 



Delegates to 
congress. 



CHAPTER IV. 
DELEGATES TO CONGRESS. 

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



Harvard 

College. 



CHAPTER V. 

THE UNIVERSITY AT CAMBRIDGE AND ENCOURAGEMENT 
OF LITERATURE, ETC. 

Section I. 

The University. 

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



COMMONWEALTH OF MASSACHUSETTS. 27 

laid the foundation of Harvard College, in whicli univer- 
sity many persons of great eminence have, by the blessing 
of God, been initiated in those arts and sciences which 
qualified them for public employments, both in church 
and state; and whereas the encouragement of arts and 
sciences, and all good literature, tends to the honor of 
God, the advantage of the Christian religion, and the great 
benefit of this and the other United States of America, 
— it is declared, that the President and Fellows of Powers, pnvi 
Harvard College, in their corporate capacity, and thl^ncsuilnt 
their successors in that capacity, their officers and ser- confiiwd?' 
vants, shall have, hold, use, exercise, and enjoy, all the 
powers, authorities, rights, liberties, privileges, immunities, 
and franchises, which they now have, or are entitled to 
have, hold, use, exercise, and enjoy ; and the same are 
hereby ratified and confirmed unto them, the said presi- 
dent and fellows of Harvard College, and to their suc- 
cessors, and to their officers and servants, respectively, 
forever. 

II. And whereas there have been at sundry times, by 
divers persons, gifts, grants, devises of houses, lands, tene- 
ments, goods, chattels, legacies, and conveyances, hereto- 
fore made, either to Harvard College in Cambridge, in 
New England, or to the president and fellows of Harvard 
College, or to the said college by some other description, 
under several charters, successively ; it is declared, that 

all the said gifts, grants, devises, legacies, and convey- ah gifts, grants, 
ances, are hereby forever confirmed unto the president ^'''•' <^°° *™^ • 
and fellows of Harvard College, and to their successors 
in the capacity aforesaid, according to the true intent and 
meaning of the donor or donors, grantor or grantors, 
devisor or devisors. 

III. And whereas, by an act of the general court of 
the colony of Massachusetts Bay, passed in the year one 
thousand six hundred and 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- Who 8haii be 
ernor, deputy-governor, and magistrates; it is declared, 

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

of this commonwealth, are, and shall be deemed, their i852i27.' 

successors, who, with the president of Harvard College, isesfm! 

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



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, 
eee amend- 
ments, Art. 
XVIII. 
12 Allen, 500- 
603. 
103 Mass. 94, 97. 



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

CHAPTER V. 

Section II. 

The Encouragement of Literature^ etc. 

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



Oaths, etc. 



CHAPTER VI. 

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

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



COMMONWEALTH OF MASSACHUSETTS. 29 

ing 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- ^^^^^^l^^^^^^- ^^e 
gion, and have a firm persuasion of its truth ; and that I Art. vu. ' 
am seised and possessed, in my own right, of the property- 
required by the constitution, as one qualification for the 
office or place to which I am elected." 

And the governor, lieutenant-governor, and councillors, 
shall make and subscribe the said declaration, in the pres- 
ence of the two houses of assembly ; and the senators and 
representatives, first elected under this constitution, before 
the president and five of the council of the former consti- 
tution ; and forever afterwards before the governor and 
council for the time being.] 

And everv person chosen to either of the places or Declaration and 

,v, n -h ^ -0.1 • oaths of all 

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

["I, A. B., do truly and sincerely acknowledge, profess, For new oath 
testify, and declare, tnat the Commonwealth of Massachu- see^au-nd^^' 
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 commonwealth, and that I 
will defend the same against traitorous conspiracies and all 
hostile attempts whatsoever ; and that I do renounce and 
abjure all allegiance, subjection, and obedience to the king, 
queen, or government of Great Britain (as the case may 
be), and every other foreign power whatsoever ; and that no 
foreign prince, person, prelate, state, or potentate, hath, or 
ought to have, any jurisdiction, superiority, pre-eminence, 
authority, dispensing or other power, in any matter, civil, 
ecclesiastical, or spiritual, within this commonwealth, ex- 
cept the authority and power which is or may be vested 
by their constituents in the congress of the United States : 
and I do further testify and declare, that no man or body 
of men hath or can have any right to absolve or discharge 
me from the obligation of this oath, declaration, or affir- 
mation ; and that I do make this acknowledgment, pro- 
fession, testimony, declj"^ation, denial, renunciation, and 
abjuration, heartily and truly, according to the common 
meaning and acceptation of the foregoing words, without 
any equivocation, mental evasion, or secret reservation 
whatsoever. So help me, God."] 



30 



CONSTITUTION OF THE 



Oath of office. 



Proviso. 
Bee amend- 
ments, Art. VI. 



Oaths and 
affirmations, 
how adminis- 
tered. 



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



Bame subiect. 
1 Allen, 563. 



Incompatible 

offices. 

For further pro- 



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

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

Provided, always, that when any person chosen or ap- 
pointed as aforesaid, shall be of the denomination of the 
people called Quakers, and shall decline taking the said 
oath[s], he shall make his affirmation in the foregoing 
form, and subscribe the same, omitting the words, \_^^ I do 
sweaj',''^ " and abjure.," " oath ot\" " 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 perjury." 

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

II. No governor, lieutenant-governor, or judge of the 
supreme judicial court, shall hold any other office or place, 
under the authority of this commonwealth, except such as 
by this constitution they are admitted to hold, saving that 
the judges of the said court may hold the offices of justices 
of the peace through the state ; nor shall they hold any 
other place or office, or receive any pension or salary from 
any other state or government or power whatever. 

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



COMMONWEALTH OF MASSACHUSETTS. 31 

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

— commissary-general — [president, professor, or instruct- omc^srse^'* 
or of Harvard College] —sheriff— clerk of the house of Xrvm""' 
representatives — register of probate — register of deeds ^^f^ co,°j„^^'* 

— clerk of the supreme judicial court — clerk of the infe- excepted by 
rior court of common pleas — or officer of the customs, A?t"xxvii.' 
including in this description naval officers — shall at the 

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

And the same rule shall take place in case any judge of incompatibia 
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 '^"i^*'**y- 
the government of this commonwealth, who shall, in the 
due course of law, have been convicted of bribery or 
corruption in obtaining an election or appointment. 

in. In all cases where sums of money are mentioned Vaiue of money 
in this constitution, the value thereof shall be computed 
in silver, at six shillings and eight pence per ounce ; and Property quau- 
it shall be in the power of the legislature, from time to beTilcrea"^ 
time, to increase such qualifications, as to property, of the m?nu™Art. 
persons to be elected to offices, as the circumstances of xiii. ' 
the commonwealth shall require. 

IV. All commissions shall be in the name of the Provisions 
Commonwealth of Massachusetts, signed by the governor commfsTions, 
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^lgT"'* 
wealth of INIassachusetts ; they shall be under the seal of i3^rayfv4. 
the court from whence they issue ; they shall bear test of 

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

VI. All the laws which have heretofore been adopted, continuation of 
used, and approved in the Province, Colony, or State of ex™ptVetT.** 
Massachusetts Bay, and usually practised on in the courts 2 Mass! 534, 
of law, shall still remain and be in full force, until altered ?q^?^i; ^{'o^/^i\5 
or repealed by the legislature ; such parts only excepted 2 Met. iis. * 
as are repugnant to the rights and liberties contained in 

this constitution. 



82 



CONSTITUTION OF THE 



Benefit of 
habeas corpui 
secured, except, 
etc. 



The enacting 

Btyle. 



Officers of 
former govern- 
ment continued 
until, etc. 



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



Provision for 
revising con* 
Btitutlou. 



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

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

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

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

XI. This form of government shall be enrolled on Provision for 
parchment, and deposited in the secretary's office, and be pub*i"hin| fwi 
a part of the laws of the land ; and printed copies thereof constitution, 
shall be prefixed to the book containing the laws of this 
commonwealth, in all future editions of the said laws. 



ARTICLES OF AMENDMENT. 



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



Article I. If any bill or resolve shall be objected to. Bin, etc., not 

and not approved by the governor; and if the general fived%^f,no?to 

court shall adjourn within five days after the same shall I'negTsla'tu?^' 

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

and thereby prevent his returning it with his objections, 3 Mass. 567. 

as provided by the constitution, such bill or resolve shall i.^ii'j^t.'fL 
not become a law, nor have force as such. 

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

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

d-i ,. 1 -1 voters for gov- 

^ upwards, excepting paupers and persons under ernor lieutt-n- 

guardianship, who shall have resided within the common- ten'iftors an°d' 

wealth one year, and within the town or district in which r??i;T'\'o^o'Im' 

v ' 11 Pick. &38, 540. 



Proviso. 

112 Mass. 200. 



34 



CONSTITUTION OF THE 



14 Pick. 341. 
14 Mass. 367. 
5 Met. 162, 298, 
591, 594. 
7 Gray, 299. 
122 Mass. 595, 
597. 

124 Mass. 596. 
For educational 
qualification, 
see amend- 
ments, Art. XX. 
For provision aa 
to those who 
have served in 
Ihe array or 
navy in time of 
war, see amend- 
ments. Art. 
XXVIU. 



Notaries public, 
how appointed 
and removed. 



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



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



Militia officers, 
how removed. 



Who 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 mbnths 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 sucli election of governor, 
lieutenant-governor, senators, and representatives ; and no 
other person shall be entitled to vote in such elections. 

See also amendments, Art. XXIII., 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.] 

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 tbe 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." 

Pi'ocided, 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 aboUshed. 
ing the oath prescribed in the preceding article, and the 
oath of office, shall be req^uired of the governor, lieutenant- 
governor, councillors, senators, or representatives, to quali- 
fy them to perform the duties of their respective offices. 

Art. VIII. No judge of any court of this common- incotppatibiuty 
wealth, (except the court of sessions,) and no person i-22'Mas8.' 445, 
holding any office under the authority of the United losMass. 535. 
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 Ainenaments xm 
particular amendment or amendments to the constitution how made."' 
be proposed in the general court, and agreed to by a ma- 
jority of the senators and two-thirds of the members of 
the house of representatives present and voting thereon, 
such proposed amendment or amendments shall be entered 
on the journals of the two houses, with the yeas and nays 
taken thereon, and referred to the general court then next 
to be chosen, and shall be published ; and if, in the general 
court next chosen as aforesaid, such proposed amendment 
or amendments shall be agreed to by a majority of the 



36 



CONSTITUTION OF THE 



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



Commencement 

of political year, 



and termination. 



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

This clause 
superseded bjr 
amendments, 
Art. XV. 



Article, when to 
go into opera- 
tion. 



Art. X. The political year shall begin on the first 
Wednesday of January, instead of the last Wednesday of 
May ; and the general court shall assemble every year on 
the said first Wednesday of January, and shall proceed, at 
that session, to make all the elections, and do all the other 
acts, which are by the constitution required to be made and 
done at the session which has heretofore commenced on the 
last Wednesday of May. And the general court shall be 
dissolved on the day next preceding the first Wednesday 
of January, without any proclamation or other act of the 
governor. But nothing herein contained shall prevent 
the general court fi'om 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, such meetings shall be held on the fourth Monday 
of the same month of November.] 

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

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



COMMONWEALTH OF MASSACHUSETTS. 87 

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- inconsistent 
sistent with the provisions herein contained, are hereby £nnuiTe°d!* 
wholly annulled. 

Art. XI. Instead of the third article of the bill of Religious 
rights, the following modification and amendment thereof estabn^ed. 
is substituted:— gh^sT^l , 

"As the public worship of God and instructions in ^^' 
piet}'-, 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 unincorporated 
at any meeting legally warned and holden for that pur- 
pose, shall ever have the right to elect their pastors or 
religious teachers, to contract with them for their support, 
to raise money for erecting and repairing houses for public 
worship, for the maintenance of religious instruction, and 
for the payment of necessary expenses; and all persons 
belonging to* any religious society shall be taken and held 
to be members, until they shall file with the clerk of such 
society a written notice, declaring the dissolution of their 
membership, and thenceforth shall not be liable for any 
grant or contract which may be thereafter made, or entered 
into by such society; and all religious sects and denomi- 122 mm*. 40, 4l 
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 teki^ninissTf 

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

city, town, and district of the commonwealth, on the first This article wa« 

day of May, shall be taken and returned into the secre- ISfen^men^ts^/ 

tary's office, in such manner as the legislature shall pro- twc^w^s also 

vide, within the month of May, in the year of our Lord •uperseded by 



88 



CONSTITUTION OF THE 



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



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



Fractlona, how 
represented. 



Towns naay 
unite into repre- 
Bentative 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 tliereafter, in the month of May, in manner 
aforesaid ; and each town or city having three hundred rata- 
ble polls at the last preceding decennial census of polls, 
may elect one representative, and for every four hundred 
and fifty ratable polls in addition to the first three hun- 
dred, one representative more. 

Any town having less than three hundred ratable polls 
shall be represented thus : The whole number of ratable 
polls, at the last preceding decennial census of polls, shall 
be multiplied by ten, and the product divided by three 
hundred ; and such town may elect one representative as 
many years within ten years, as three hundred is contained 
in the product aforesaid. 

Any city or town having ratable polls enough to elect 
one or more representatives, with any number of polls 
beyond the necessary number, may be represented, as to 
that surplus number, by multiplying such surplus number 
by ten and dividing the product by four hundred and fifty; 
and such city or town may elect one additional represen- 
tative as many years, within the ten years, as four hundred 
and fifty is contained in the product aforesaid. 

Any two or more of the several towns and districts 
may, by consent of a majority of the legal voters present 
at a legal meeting, in each of said towns and districts, 
respectively, called for that purpose, and held previous to 
the first day of July, in the year in which the decennial 
census of polls shall be taken, form themselves into a rep- 
resentative district to continue until the next decennial 
census of polls, for the election of a representative, or rep- 
resentatives ; and such district shall have all the rights, in 
regard to representation, which would belong to a town 
containing the same number of ratable polls. 

The governor and council shall ascertain and determine, 
within the months of July and August, in the year of our 
Lord one thousand eight hundred and thirty-seven, accord- 
ing to the foregoing principles, the number of representa- 
tives, which each city, town, and representative district is 
entitled to elect, and the number of years, within the 
period of ten years then next ensuing, that each city, 
town, and representative district may elect an. additional 
representative ; and where any town has not a sufficient 
number of polls to elect a representative each year, then, 
how many years within the ten years, such town may elect 
a representative ; and the same shall, be done once in ten 
years, thereafter, by the governor and council, and the 



COMMONWEALTH OF MASSACHUSETTS. 



39 



number of ratable polls in each decennial census of polls, 
shall determine the number of representatives, which each 
city, town and representative district may elect as afore- 
said ; and when the number of representatives to be elected 
by each city, town, or representative district is ascertained 
and determined as aforesaid, the governor shall cause the 
same to be published forthwith for the information of the 
people, and that number shall remain fixed and unalterable 
for the period of ten years. 

All the provisions of the existing constitution incon- inconsistent 
sistent with the provisions herein contained, are hereby annuued!^ 
wholly annulled.] 



Art. Xni. [A census of the inhabitants of each city 
and town, on the first day of jNIay, shall be taken, and 
returned into the secretary's office, on or before the last 
day of June, of the year one thousand eight hundred and 
forty, and of every tenth year thereafter; which census 
shall determine the apportionment of senators and repre- 
sentatives for the term of ten years. 122 Mass. 595. 

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

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

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

Any two or more of the several towns may, by consent 
of a majority of the legal voters present at a legal meet- 
ing, in each of said towns, respectively, called for that 
purpose, and held before the first day of August, in the 
year one thousand eight hundred and forty, and every 



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

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



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



Small towns, 
how repre- 
eented. 



Towns may 
unite into repr©. 
sentative dis- 
tricts. 



40 



CONSTITUTION OF THE 



Basis of repre- 
sentation, 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 the number by which the population of towns 
not entitled to a representative every year is to be divided, 
shall be increased, respectively, by one-tenth of the num- 
bers above mentioned, whenever the population of the 
commonwealth shall have increased to seven hundred and 
seventy thousand, and for every additional increase of 
seventy thousand inhabitants, the same addition of one- 
tenth shall be made, respectively, to the said numbers 
above mentioned. 

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

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

No possession of a freehold, or of any other estate, shall 
be required as a qualification for holding a seat in either 
branch of the general court, or in the executive council. 

Elections by tiie Art. XIV. In all elcctions of civil officers by the peo- 
pffityof ^^ pie of this commonwealth, whose election is provided for 
votes. i,j the constitution, the person having the highest number 

of votes shall be deemed and declared to be elected. 

Tirae of annual AnT. XV. The meeting for the choice of governor, 
ernor°and^fgrs'- Heutenant-govemor, senators, and representatives, shall 

lature. 



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



Councillors to 
be chosen from 
the people at 
large. 

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

Qualifications of 
councillors. 



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



COMMONWEALTH OF MASSACHUSETTS. 



41 



be held on the Tuesday next after the first INIonday in 
November, annually ; but in case of a failure to elect repre- 
sentatives on that day, a second meeting shall be holden, 
for that purpose, on the fourth Monday of the same month 
of November. 



Akt. 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 copies of the records 
for the election of governor, lieutenant-governor, and coun- 
cillors ; and ten days before the said first Wednesday in 
January he shall issue his summons to such persons as 
appear to be chosen, to attend on that day to be qualified 
accordingly ; and the secretary shall lay the returns before 
the senate and house of representatives on the said first 



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



Legislature to 
district state. 



Eligibility 
defined. 



Day and manner 
of election, etc. 



Vacancies, how 
filled. 

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

Organization of 
the government. 



42 



CONSTITUTION OF THE 



Election of 
seoretiiry, treas- 
vrer, auditor, 
and attorney- 
general by the 
people. 



Vacancies, how 
filled. 



'J'o qualify with- 
in ten daj's, 
otherwise office 
to be deemed 
vacant. 



Qualification 
requisite. 



School moneys 
not to be ap- 
plied for aecta- 



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

Art. XVII. The secretary, treasurer and receiver- 
general, auditor, and attorney-general, shall be chosen 
annually, on the day in November prescribed for the 
choice of governor ; and each person then chosen as such, 
duly qualified in other respects, shall hold his office for 
th'3 term of one year from the third Wednesday in Jan- 
uary next thereafter, and until another is chosen and 
qualified in his stead. The qualification of the voters, 
the manner of the election, the return of the votes, and 
the declaration of the election, shall be such as are required 
in the election of governor. In case of a failure to elect 
either of said officers ' on the day in November aforesaid, 
or in case of the decease, in the mean time, of the person 
elected as such, such officer shall be chosen on or before 
the third Wednesday in January next thereafter, from 
the two persons who had the highest number of votes for 
said offices on the day in November aforesaid, by joint 
ballot of the senators and representatives, in one room; 
and in case the office of secretary, or treasurer and receiver- 
general, or auditor, or attorne3'-general, shall become va- 
cant, from any cause, during an annual or special session 
of the general court, such vacancy shall in like manner 
be filled by choice from the people at large ; but if such 
vacancy shall occur at any other time, it shall be supplied 
by the governor by appointment, with the advice and con- 
sent of the council. The person so chosen or appointed, 
duly qualified in other respects, shall hold his office until 
his successor is chosen and duly qualified in his stead. 
In case any person chosen or appointed to either of the 
offices aforesaid, shall neglect, for the space of ten days 
after he could otherwise enter upon his duties, to qualify 
himself in all respects to enter upon the discharge of such 
duties, the oflice to which he has been elected or appointed 
shall be deemed vacant. No person shall be eligible to 
either of said offices unless he shall have been an inhabit- 
ant of this commonwealth five years next preceding his 
election or appointment. 

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



COMMONWEALTH OF MASSACHUSETTS. 



43 



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

Aet. 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, lioiv- 
evei\ tliat the provisions of this amendment shall not apply 
to any person prevented by a physical disability from com- 
plying with its requisitions, nor to any person who now 
has the right to vote, nor to any persons who shall be 
sixty years of age or upwards at the time this amendment 
shall take effect. 

Art. XXI. A census of the legal voters of each city 
and town, on the first day of May, shall be taken and 
returned into the office of the secretary of the common- 
wealth, on or before the last day of June, in the year one 
thousand eight liundred and fii'ty-seven ; and a census of 
the inhabitants of each city and town, in the year one 
thousand eight hundred and sixty-five, and of every tenth 
year thereafter. In the census aforesaid, a special enumer- 
ation shall be made of the legal voters; and in each city, 
said enumeration shall specify the number of such legal 
voters aforesaid, residing in each ward of such city. The 
enumeration aforesaid sliall determine the apportionment 
of representatives for the periods between the taking of 
the census. 

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



rian scliools. 

Fur original 

provision as to 

schools, see 

co'jslitulion, 

Part First, Art. 

III. 

VJ. Allen, 500, 

508. 

103 Mass. 94, 96. 



Legislature to 
prescribe for 
the election of 
sberitts, regis- 
ters of |Hubate, 
etc., hy the 
people. 
S Gray, 1. 
13 Uray, 74. 
lio Mass. 172, 
173. 

117 Mass. 602, 
603. 

121 Mass. 65. 
Reading consti- 
tntion in English 
and writing, 
necessary quali- 
tications of 
voters. 
Proviso. 
For other quali- 
licalions, see 
amendments, 
Art. in. 
See also amend- 
ments, Art. 
XXIII., 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- 
sentatives to 
consist of 240 
members. 
Legislature to 
apportion, etc. 
10 tiray, 613. 



44 



CONSTITUTION OF THE 



Secretary eliall 
certify toofficers 
autlioiized to 
divide counties. 



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



Qualifications of 
representatives. 
122 Mass. 595, 



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 rej)resentative 
districts of contiguous territory, so as to apportion the 
representation assigned to each county equally, as nearly 
as may be, according to the relative number of legal voters 
in the several districts of each county ; and such districts 
shall be so formed that no town or ward of a city shall 
be divided therefor, nor shall any district be made which 
shall be entitled to elect more than three representatives. 
Every representative, for one year at least next preceding 
his election, shall have been an inliabitant of the district 
for which 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 offices. The 
manner of calling and conducting the meetings for the 
choice of representatives, and of ascertaining their elec- 
tion, shall be prescribed by law. Not less than one 
hundred members of the house of representatives shall 
constitute a quorum for doing business ; but a less num- 
ber may organize temporarily, adjourn from day to day, 
and compel the attendance of absent members. 



COMMONWEALTH OF MASSACHUSETTS. 



45 



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



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

Art. XXIII. [No person of foreign birth shall be en- Residence of 
titled to vote, or shall be eligible to office, unless he shall quh-t^doTnatu- 
have resided within the jurisdiction of the United States [^i'ze;i cit'zens, 

„ " to entitle to sui- 

tor two years subsequent to his naturalization, and shall fiageormuke 

be otherwise qualified, according to the constitution and ThILanicie 

laws of this commonwealth; provided^ that this amend- ArL^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 rights of any 

child of a citizen of the United States, born during the 

temporary absence of the parent therefrom.] 

Aet. XXIV. , Any vacancy in the senate shall be fiUed Vacancies in the 



Voters to be 
basis of appor- 
tionment of 
senators. 



Senate to consist 
of forty mem- 
bers. 

Senatorial 
districts, etc. 



See amend- 
ments, Art. 
XXIV. 



Qualifications 
of senators. 



Sixteen mem- 
bers a quorum. 



46 



CONSTITUTION OF THE 



Vacancies in the 
council. 



Twenty -third 
article of amend- 
ments annulled. 



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



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



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

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

Art. XXVI. The twenty-third article of the articles 
of amendment of the constitution of this commonwealth, 
which is as follows, to wit : " No person of foreign birth 
shall be entitled to vote, or shall be eligible to office, unless 
he shall have resided within the jurisdiction of the United 
States for two years subsequent to his naturalization, and 
shall be otherwise qualified, accordiiig to the constitution 
and laws of this commonwealth: provided, that this amend- 
ment shall not affect the rights which any person of foreign 
birth possessed at the time of the adoption thereof; and 
provided, further, that it shall not affect the rights of any 
child of a citizen of the United States, born during the 
temporary absence of the parent therefrom," is hereby 
wholly annulled. 

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

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



COMMONWEALTH OF MASSACHUSETTS. 47 

The constitution of Massachusetts was agreed upon by delegates 
of the people, in convention, begun and held at Cambridge, on the 
first day of September, 1779, and continued by adjournments to the 
second day of March, 1780, when the convention adjourned to meet 
on the first Wednesday of the ensuing June. In the mean time the 
constitution was submitted to the people, to be adopted by them, 
provided two-thii-ds of the votes given should be in the affirmative. 
"When the convention assembled, it was found that the constitution 
had been adopted by the requisite number of votes, and the conven- 
tion accordingly Resolved, " That the said Constitution or Frame of 
Government shall take place on the last AVednesday 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 F>08- 
ton, on the twenty-fifth day of October, 1780. 

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

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

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

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

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

The fourteenth, fifteenth, sixteenth, seventeenth, eighteenth, and 
nineteenth Articles were adopted by the legislatures of the political 
years \S^*^ and 1855, respectively, and ratified by the people the 
twenty-tnird day of May, 1855. 

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

The twenty-third Article was adopted by the legislatures of the 
political years 1858 and 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, I860. 

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 couseut of couucil 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 Qualvers 

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

Alimony, divorce, etc., 

Amendment to the constitution, proposed in the general court 
agreed to by a majority of senators and two-thirds of 
house present and voting thereon by yeas and nays ; en 
tered upon the journals of both houses, and referred to 
the next general court : if the next general court agrees 
to the proposition in the same manner, and to the same 
effect, it shall be submitted to the people, and, if ap- 
proved by them by a majority vote, becomes a part of the 
constitution, 

Apportionment of councillors, 23 

state to be divided into eight districts, .... 

Apportionment of senators, 12 

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

Apportionment of representatives, 16, 38 

to the several counties, made on the basis of legal voters. 

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

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

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

Arrest, search and seizure, right of, regulated, 

warrant to contain special designation, . . . • 

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

to hold office for one year from third Wednesday in January 

next thereafter, and until another is chosen and qualified 

election determined by legislature, 

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

votes at November election, 

49 



Page 

25 

21 
21 
30, 35 
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-general, vacancy occiuTing during session of the legisla- 
ture, flUed 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 years 

next preceding election or appointment, .... 42 

office to be deemed vacant if person elected or appointed 

fails to be qualified within ten days, 42 

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 chosen and qualified, 42 

election determined by legislature, 42 

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

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

next preceding election, 42 

office to be deemed vacant if person elected or appointed fails 

to be qualified within ten days, 42 

B. 

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

Bills, monej^ 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 bi*anch 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 qifarterly 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 bj"^ the general court, if coiitaiuing 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 
Commissiouers 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, 31 

Congress, delegates to, 26 

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

Constitution, provisions for revising, 32,35 

to be enrolled on 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 fi'om holding any office of trust, etc., 31 

Council, five members to constitute a quorum, 24 

eight councillors to be elected annually, 24, 41 

election to be determined by rule required in that of gover- 
nor, 41 

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

presence of both houses of assembly, .... 30 
to rank next after the lieutenant-governor, .... 24 
resolutions and advice to be recorded in a register, and signed 

by the members present, 24 

register of council may be called for by either house, . . 24 



52 INDEX TO THE CONSTITUTION. 



Couucil to exercise the power of goveraor when office of governor 

and lientenaiit-governor is vacant, 24 

no property qualification required, 40 

eiglit districts to be fonned, 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 oflice, 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 brancli of the legislature or by the 

governor and council, 25 

Courts, cleriis 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 off'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 oflflcers ; tests abolished, . . . 29,34,35 

Delegates to congress, ... 26 

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

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

senatorial districts, 41 

Districts, senatorial, forty, to be of adjacent territory, and to con- 
tain as near as may be an equal number of voters, , 45 
Districts, representative, to be established by commissioners in the 

several counties, 39, 44 

Divorce, alimony, etc., 26 



INDEX TO THE CONSTITUTION. 53 



E. 

Page 

Educational interests to be clierished, 28 

Elections ought to be free, 6 

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

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

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

on fourth Monday of November, 41 

Election returns, 13, 41 

Enacting style of laws, established, ....... 32 

Equality and natural rights of all men, 4 

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

£'xj3osi/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, 

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. 11 

may provide for the election or appointment of officers, and 

prescribe their duties, 11 

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



54 INDEX TO THE CONSTITUTION. 

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

Wednesday of January, 19,36 

travelling expenses of members, 16 

may be adjourned or prorogued, upon its request, by the gov- 
ernor with advice of council, 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, ... SI 
may increase property qualifications of persons to be elected 

to office, 31 

certain oflicers 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 

councdlors, 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 ofiice, 36 

should have an honorable stated salary, 22 

the commander-in-chief, of the array and nav}% 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 

legislature upon request, and convene the same, . . 19 

may adjourn or prorogue the legislature for not exceeding 
ninety days when houses disagree, or may direct session 
to be held in other than the usual place in case of an in- 
fectious distemper prevailing, 19 

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

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

may pardon ofl'ences, 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, 2G, 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 oflices and privileges, absurd and unnatural, . „ , 5 

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

a representation of the people annually elected and founded 

upon the principle of equahty, ...... 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 the 

general assembly, 17 

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

concur with amendments, . 17 

not to adjourn more than two days at a time, ... 17 
one hundred members constitute a quorum, . . . . 17, 44 
to choose officers, establish its rules, etc., .... 17 
may punisli by imprisonment, not exceeding thirty da3's, 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 

numljers 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 talien in 1865, and every tenth year there- 
after 37, 39, 43, 45 

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

countiss 43 

Instruction of representatives, ........ 8 



INDEX TO THE CONSTITUTION. 57 



J. 

Page 
Judges of courts may not hold cei'tain other offices, .... 30, 35 
Judges of the supreme judicial court, to hold office during good 
behavior, aud to haVe honorable salaries established by 

standing laws, 9, 22, 25 

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

legislature, 25 

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

Judicatories and courts, may be established by the general court, . 10 
may administer oaths or affirmations, ..... 11 

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

Judicial officers, appointed by tiie governor with consent of coun- 
cil ; nominations to be made seven days prior to appoint 

ment, .21 

to hold office during good behavior, except when otherwise 

provided by the constitution, 25 

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

of both houses of the legislature, 25 

Jury, trial by, right secured, ........ 7 

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

date of appointment, but may be renewed, ... 26 

L. 

Law-martial, only those employed in the army and navy, and the 
militia in actual service, subject to, except by authority 
of the legislature, ........ 9 

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

power of suspension or execution of, only in the legislature, 8 

ex post facto, prohibited as unjust aud inconsistent with free 

government, 8 

of province, colony and state, not repugnant to the constitu- 
tion, continued in force, 31 

Legislative power, 9 

Legislative department, not to exercise executive or judicial powers, 9 

Legislature (see General Court). 

Liberty of the press, essential to the security of freedom, . . 7 
Lieutenant-governor, to be annually elected in November, — title of. 
His Honor; who shall be qualified in property and resi- 
dence same as governor, 23, 36, 40, 41 

in the absence of governor, to be president of the council, . 23 
to be acting governor when the chair of the governor is 

vacant, 23 



58 



INDEX TO THE CONSTITUTION. 



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

not to hold certain otlier offices, 

terra of office, 

Literature and the sciences to be encouraged, 



Page 

30 
30 
36 
28 



M. 

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

concurrent vote, 

may appoint their aids, ........ 

Marriage, divorce and alimony, , 

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

of legislature, 

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

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 stafl" 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 (lualifications for office, 



5 

9 

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 advijce of council, upon 

address of both houses, 34 



INDEX TO THE CONSTITUTION. 59 

r 

o. 

Page 

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

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

forms of, 29, 30, 34, 35 

Qiuiliers 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, G 

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

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

and judges, 30,35 

incompatible, 30, 31, 35 

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

of, 11 

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

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

the 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. 



Political j'ear, 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 oflences regulated, .... 6 
Provincial laws, not repugnant to the constitution, continued in 

force, 31 

Public boards and certain officers to make quarterly reports to the 

governor, 22 

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

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

Public notary (see Notary public). 

Public religious worship, right and duty of, 4 

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



Q. 



Quakers, may make affirmation, 30, 35 

Qualification of persons to be elected to office may be increased by 

the legislature, 31 

Qualification, property, of governor and lieutenant-governor, . . 18, 23 
Qualification, property, partiall)'^ 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, 30, 45 

of representatives, 16, 40, 44 

of secretary, treasurer, auditor, and attornej^-general, . . 42 

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

Quartermasters, appointed by corauianding 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 

Eecords of the commonwealth to be kept in the office of the secre- 

taiy, . . ' 25 

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

and signed by members present, 24 

Registers of probate, cliosen by the people of the several counties, 20, 43 
Religious denominations, equal protection secured to all, . . 5, 37 

Religious sect or denomination, no subordination of one to another 

to be established by law, 5, 37 

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

membership of, defined, 37 

Religious worship, public, right and duty of, and protection therein, 4 

support of the ministry, and erection and repair of houses of 

worship, 4, 5, 37 

Remedies by recourse to the law, to be free, complete and prompt, 6 

Representatives (see House of Representatives). 
Resolves (see Bills and Resolves). 

Returns of votes, 13,18,41,42 

Revision of constitution provided for in the year 1705, ... 32 
Rights, declaration of, 4 

s. 

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

disqualified from voting on account of being paupers, . 46 
Salary, a stated and honorable salary to be established for the gov- 
ernor, ........... 22 

permanent and honorable salaries to be established for the 
justices of the supreme judicial court, and to be enlarged 
if not sufficient, . . . , . . . ... 9, 22 

School moneys, not to be appropriated for sectarian schools, . . 42 
Seal, great, of the commonwealth to be affixed to all commissions, 31 

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

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

in November, 25, 42 

to hold office for one year from third Wednesday in January 

next thereafter, and untilanother is chosen and qualified, 42 
manner of election, etc. , same as governor, .... 42 
in failure of election by voters, or in case of decease of person 
elected, vacancy to be filled by joint ballot of legislature 
from the two persons having the highest number of 

votes at November election, 42 

vacancy occurring during session of the legislature, filled by 

joint ballot of the legislature from the people at large, . 42 
vacancy occurring when legislature is not in session, to be filled 
by governor, by appointment, with advice and consent of 
council, 34, 42 



62 INDEX TO THE CONSTITUTION. 

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

appointment, 42 

oflfice to be deemed vacant if person elected or appointed fails 

to be qualified within ten daj's, ...... 42 

records of commonwealth to be kept in office of, ... 25 
may appoint deputies, for whose conduct he shall be 

accountable, ......... 25 

to attend governor and council, senate and house, in person or 

by deputies, as they shall require, ..... 25 

to attest all commissions, ........ 31 

to certify to board authorized to divide county into districts, 
the number of representatives to which the county is 

entitled, 44 

Sectarian schools, not to be maintained at public expense, . . 42 
Selectmen, to preside at town meetings, elections, etc., ... 13 
Self-government, right of, asserted, ....... 5 

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

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

to be chosen annually, 13 

governor and at least five councillors, to examine and count 

votes, and issue summonses to members, .... 14 

to be final judges of elections, returns and qualifications of 

their own members, ........ 14 

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

order of majority of senators elected, . . . 14,45,46 
qualifications of a senator, . . . . . . . 15, 40 

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

to choose its officers and establish rules, 15 

shall try all impeachments, 15, 17 

sixteen members constitute a quorum, 15 

may punish for certain ofl'ences; trial may be by committee, 17 
may require the attendance of the secretary of the common- 
wealth in person or by deputy, ...... 25 

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

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

resolve, at large on records, 10 

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

contain, as near as may be, an equal number of votex's, . 45 

apportionment based upon legal voters, 45 

Sheriffs, 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 



Soldiers and sailors, who have served in time of -.var, etc., not dis- 

qualifled from voting on account of being paupers, . . 4fi 

Solicitor-general, • . . 20 

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

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

Supreme judicial court, judges to have honorable salaries fixed by 

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

not to hold certain other offices, ...... 30, 35 

Sureties or bail, excessive, not to be required, 9 

T. 

Taxation should be founded on consent, 6, 8 

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

representatives, 8 

may be imposed by the legislature, . . . . . . II 

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 abohshed, 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, Ifi, 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, A'acancy 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 jn session, to be 
filled by governor, by appointment, with advice and con- 
sent of the council, 34, 42 

ofHce to be deemed vacant if person elected or appointed fails 

to be qualified within ten days 42 

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

governor, except, etc.. . . . . . . . 22 

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

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

u. 

University at Cambridge 26, 27, 28, 46 

Y. 

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

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

exercised by the council, 24 

Vacancy in the council, to be filled by the election of a resident of the 
district by concurrent vote of the 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, 45 

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

election, 42 

occurring during session of legislature, filled by joint ballot of 

legislature from people at large, ..... 42 
occurring when legislature Is not in session, to be filled by 

governor, by appointment, with advice of council, . 34, 42 

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

neglect or refuse to make election, 21 

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

least 12 

Veto power of the governor, 10 



INDEX TO THE CONSTITUTION, 65 

Page 
Voters, qualifications of, at elections for governor, lieutenaut-gover- 

nor, senators and representatives, . . 13, IG, 33, 43, 45, 46 

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 ofticers, and 
such as are exempted by law from taxation, but in other 
respects qualified, and who can write their names and 
read the constitution in the English language, . . 16, 33, 43 

the basis upon which the apportionment of representatives 

to the several counties is made, 43 

basis of apportionment of senators, 4."> 

census of voters to be taken in 1SG5, and every tenth year 

after, 43, 44, 45 

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

plurality of, to elect civil ofllcers, 40 

w. 

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

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 

ofiice, 43 

Y. 

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



ACTS AND RESOLVES 



OF 



MASSACHUSETTS. 



1885. 



1^= The General Court of 1885 assembled on Wednesday, the 
seventh day of January. The oaths of office requu'ed 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 eighth 
day of January, in the presence of the two Houses assembled in 
convention. 



ACTS AND RESOLVES. 



An Act making appropuiations for the compensation and mile- Q\ap. 1 

AGE OF THE LEGISLATURE, FOR THE COMPENSATION OF OFFICERS 
THEREOF, AND FOR OTHER PURPOSES. 

Be it enacted by the Senate and House of Representatives in Gen- 
eral Court assembled, and by the authority of the same, as fol- 
lows : 

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 wit : — 

For compensation of senators, twent^'-six thousand six senators, corn- 
hundred and fifty dollars. pensawn. 

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

For compensation of representatives, one hundred and ^®jS''en\°afion^^* 
fifty-six thousand six hundred and fifty dollars. 

For mileage of representatives, a sum not exceeding Repreaenta. 
two thousand five hundred dollars. ^'^^*' ™'^®^^®- 

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

For the compensation of the doorkeepers, messengers Doorkeepers, 
and pages to the senate and house of representatives, a pifges^."^®*^* ''"^ 
sum not exceeding ten thousand dollars. 

For expenses of summoning witnesses before commit- witnesses be- 

t (• f n 1 .J A T fore committees. 

tees, and lor tees tor such witnesses, a sum not exceeding 
two hundred dollars. 

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

For authorized exijcnses of committees of the present Expenses of 

,., ..iii'i • • , 1 committees. 

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

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

Approved January 29, 1885. 



500 



1885. — Chapter 2. 



Chap. 2 



Appropriations. 



S. J. C, clerk. 



Reporter. 



Officers and 
messengerB. 

Expenses. 



An Act making appropriations for the maintenance of the 

JUDICIAL departments OF THE GOVERNMENT DURING THE PRES- 
ENT YEAR. 

Be it enacted., etc., as follows: 

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

SUPREME JUDICIAL COURT. 

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

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

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

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



SUPERIOR COURT. 



Superior Court, 
Chief justice. 

Associate 
justices. 



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. 



Judges — 
Suffollj. 

Middlesex. 



Worcester. 



Essex. 



Norfolk. 



Bristol. 



Plymouth. 



COURTS OF PROBATE AND INSOLVENCY. 

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

For the salary of the judge of probate and insolvency 
f'or 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 Essex, 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 dol- 
lars. 

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



1885. — Chapter 2. 501 

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

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

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

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

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

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

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

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

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 dol- 
lars. 

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 eight hundred 
dollars. 

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

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

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



502 



1885. — Chapter 2. 



BarnBtable. 



Nantucket. 



Dukes County. 



Ass't register - 
SuflFoIk. 



Middlesex. 



Worcester. 



Essex. 



Norfolk. 



Clerk in Suffolk. 



Extra clerical 
assistance. 



Expenses. 



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

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

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

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

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

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

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

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

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

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

For expenses of courts of probate and insolvency, a 
sum not exceeding two thousand dollars. 



District attor- 
ney, Suffolk. 

Ass't district 
attorneys. 



Clerk. 



District attor- 
ney — 
Northern 

district. 
Eastern district. 



Southeastern 
district. 



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 SuflTolk 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. 



1885. — Chapter 3. 503 

For the salary of the district attorney for the southern southern 

Qistrict 

district, one thousand eight hundred dollars. 

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

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

For the salary of the district attorney for the north- Northwestern 

•/ »/ Qistrict. 

western district, one thousand three hundred and fifty 
dollars. 

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

Approved January 29, 1885. 

An Act making appropriations for the maintenance of the Q]i(xaj^ 3 

GOVERNMENT FOR THE PRESENT YEAR. 

Be it enacted, etc., as follows : 

Section 1. The sums hereinafter mentioned are ap- Appropriations. 
propriated, to be paid out of the treasury of the Com- 
monwealth, from the ordinary revenue, except as herein 
provided, 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-five, to wit: — 

LEGISLATIVE DEPARTMENT. 

For the salaries of the clerks of the senate and house cierks of senate 
of representatives, three thousand dollars each. and House. 

For the salaries of the assistant clerks of the senate Assistant cieriis. 
and house of representatives, one thousand five hundred 
dollars each. 

For the salary of the sergeant-at-arms, three thousand sergeantat- 
dollars. 

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

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

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

For the salaries of the fireman at the state house, and P'^'ft™/" """^ 
fireman and janitor at the " Commonwealth Building," 
nine hundred dollars each. 

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



5U4 



1885. — Chapter 3. 



Lieutenant, 
governor. 



Council. 



Private 

secretary. 



Executive clerk. 



Messenger. 



EXECUTIVE DEPARTMENT. 

For the compensation of the lieutenant-governor, two 
thousand dollars, and for the executive council, six thou- 
sand four hundred dollars. For the travelling expenses 
of the executive council, one thousand dollars. 

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

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

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



Secretary. 



First clerk. 



Second clerk. 



Third clerk. 



Additional 
clerks. 



SECRETARY'S DEPARTMENT. 

For the salary of the secretary of the Commonwealth, 
three thousand dollars. 

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

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

For the salary of the third clerk in the secretary's 
department, one thousand three hundred dollars. 

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



Treasurer. 
First clerk. 
Second clerk. 
Cashier. 
Fund clerk. 
Extra clerks. 



Deputy tax 
commisaioner. 



First clerk. 



treasurer's DEPARTMENT. 

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

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

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

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

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

For the salaries of the three extra clerks in the treasurer's 
department, one thousand two hundred dollars each. 

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. 



1885. — Chapter 3. 505 

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

For such additional clerical assistance as the tax com- Additional 

• • J • • n , • i2 1 clerks. 

missioner and commissioner ot corporations may imd 
necessary, a sum not exceeding twelve thousand dollars. 

auditor's department. 
For the salary of the auditor of accounts, two thousand Auditor of 

S, T 1 1 11 accounts. 

ve hundred dollars. 

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

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

For the salaries of the two extra clerks in the auditor's Extra clerks 
department, one thousand two hundred dollars each ; and 
for such additional clerical assistance as the auditor may 
find necessary, a sum not exceeding five hundred dollars. 

attorney-general's department, 
For the salary of the attorney-general, four thousand Attomey- 

■1 ,1 ^ general. 

dollars. 

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

thousand dollars. " ney.general. 

commissioners et al. 

For the salaries of the commissioners on savings banks, Commissioners 
five thousand six hundred dollars. b^ks""^^ 

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 Extra cierk. 
hundred dollars. 

For the salary of the insurance commissioner, three insurance 

thousand dollars. commissioner. 

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

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

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

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

For such additional clerical assistance in the department Additional 
of the insurance commissioner as may be necessary for the 



606 



1885. — Chapter 3. 



Inspector of gas 
meters. 



Secretary of 
commisBJoners 
of prisons. 

Clerk. 



Railroad 
commissioners. 



Clerk. 
Accountant. 



Assayer and 
inspector of 
liquors. 

Chief of 

Bureau of statis- 
tics of labor. 

First clerk. 



Second clerk. 



Additional 
clerks. 



Commissioners 
on state aid. 



Harbor and land 
commissioners. 

Engineer and 
assistants. 



Civil service 
commission. 



despatch of public business, a sum not exceeding seven 
thousand dollars. 

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

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

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

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

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

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

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

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

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

For the salary of the second clerk in the bureau of 
statistics of labor, one thousand three hundred dollars. 

For such additional assistance, and for the necessary 
expenses of the bureau of statistics of labor, a sum not 
exceeding five thousand dollars. 

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

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

For the compensation and expenses of the engineer, for 
clerical and other assistants authorized by the harbor and 
land commissioners, a sum not exceeding thirty-three 
hundred dollars. 

For the salary of the chief examiner of the civil service 
commission, two thousand five hundred dollars; for the 
salary of the secretary of said commission, one thousand 
two hundred dollars. 



Secretary of 
board of agricul- 
ture. 

Clerk. 



AGRICULTURAL DEPARTMENT. 



For the salary of the secretary of the board of agricult- 
ure, two thousand five hundred dollars. 

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



1885. — Chapter 3. 507 

For other clerical assistance in the office of the secre- Adauionai 
tary of the board of agriculture, and for lectures before Leaures. 
the board, at its annual and other meetings, a sura not ex- 
ceeding eight hundred dollars. 

EDUCATIONAL DEPARTMENT. 

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

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

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

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

MILITARY DEPARTMENT. 

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

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

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

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

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

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

For such additional clerical assistance as the adiutant- Additional cieri- 

^ '> cal assistance. 

general may find necessary, and for compensation of em- Employees at 
ployees at the state arsenal, a sum not exceeding five 
thousand five hundred dollars. 

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

MISCELLANEOUS. 

For the carrying out the provisions of the contract of Troy and Green- 
the Troy and Greenfield Railroad Company, under author- company. 
ity of chapter forty-eight of the resolves of eighteen hun- 
dred and eighty-three, thirty-five thousand dollars. 

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

Approved February 2, 1885. 



508 



1885. — Chapters 4, 5, 6. 



Chaj), 4 An Act relating to a lease of the railroad of the north 

BROOKFIELD RAILROAD COMPANY. 

Be it enacted., etc. , as follows : 

Lease to be rati. SECTION 1. Ally leiise of tlic railroticl of the North 
stockholders! Brookfieltl Railroad Company, or of any part of said rail- 
road, to the Boston and Albany Kailroad Company, for any 
term not exceeding ninety-nine years, agreed to by the 
directors of the two corporations, shall take effect on 
being ratified by a majority in interest of the stockholders 
of each corporation voting at a meeting of the stockhold- 
ers of each corporation culled for the pnrpose. 

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

Approved February 5, 1885. 

Chup. 5 -^^ ^^'^ CONCERNING ELECTIONS IN TOWNS. 

Be it enacted, etc., as follows: 
Election of town SECTION 1. The pi'ovisions of chapter two hundred 
and ninety-nine of the acts of the year eighteen hundred 
and eighty-four shall not apply to town meetings held for 
the election of town officers. 

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

ApiJroved February 6, 1885. 



Chap. 6 



May issue addi- 
tional bonds. 



Wbole amount 
not to exceed 
$125,000. 



An Act to authorize the fire district number one of north 

attleborough to make an additional water loan. 
Be it enacted, etc., asfolloios: 

Section 1. The Fire District Number One of North 
Attleborough, for the purposes mentioned in section eleven 
of chapter one hundred and eighty-one of the acts of the 
year eighteen hundred and eighty-three, may issue bonds, 
notes or scrip, to be denominated on the face thereof 
"North Attleborough Fire District Water Loan," to an 
amount not exceeding twenty-tive thousand dollars, in ad- 
dition to the amount heretofore authorized by law to be 
issued by said fire district for the same purposes ; said 
bonds, notes or scrip, to be issued upon the same terms and 
conditions and with the same powers as are provided in 
said act for the issue of the "North Attleborough Fire 
District Water Loan" by said fire district: provided, that 
the whole amount of such bonds, notes or scrip, issued by 
said fire district for the same purposes shall not, in any 
event, exceed the amount of one hundred and twenty- five 
thousand dollars. 

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

Approved February 6, 1885, 



1885. — Chaptees 7, 8, 9. 509 

An Act empoweuing women to hold the office of assistant (JJkxj), J 

KEGISTER OF DEEDS. 

Be it enacted, etc., as follows : 

Section 1. No person shall bo deemed ineligible to women may 
hold the office of assistant register of deeds by reason of ILutuxn^regta^ 

ter of deeds. 

sex • 

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

Approved February 6, 1885. 

An Act to give the trustees of the eastern railroad com- QJidj), 8 

PANT additional AUTHORITY TO INVEST THE SINKING FUND OF 
SAID COKPORATION. 

Be it enacted, etc., as follows: 

Section I. The sinking fund provided for by section investment of 
fourteen of chapter two hundred and thirty-six of the acts cmuifafes^of"^ 
of eighteen hundred and seventy-six may be invested by i^ndebtedness, 
the trustees in the certificates of indebtedness of said 
Eastern Eailroad Company at market prices, or in any 
securities in which the savings institutions of the Com- 
monwealth are authorized to invest their funds. 

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

Approved February 6, 1883. 

An Act making appropriations for sundry charitable ex- (JJid^j^ 9 

PENSES. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are ap- Appropriations. 
propriated, to be paid out of the treasury of the Com- 
monwealth, from the ordinary revenue, for the purposes 
specified, to meet siindr}' charitable expenses for the year 
ending on the thirty-first day of December, eighteen hun- 
dred and eighty-five. 

state board of HEALTH, LUNACY AND CHARITY. 

For travelling and other necessary expenses of the Board of health, 
state board of health, lunacy and charity, a sum not charuy"" 
exceeding sixteen hundred dollars. 

For the salary and incidental expenses of the clerk and cierkand 
auditor of the state board of health, lunacy and charity, 
a sum not exceeding seventeen hundred dollars. 

For salaries and expenses in the health department of Health depart- 
the state board of health, lunacy and charity, a sum not 
exceeding eight thousand five hundred dollars. 



510 



1885. — Chapter 9. 



Inspection of 
milk, food and 
drugs. 

In-door poor. 



Out-door poor. 



Inspector of 
charities. 



Auxiliary 
visitors. 



For salaries and expenses in connection with the in- 
spection of milk, food and drugs, ten 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 
13oor, a sum not exceeding seventeen 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 travelling and other necessary expenses of the 
auxiliary visitors of the state board of health, lunacy and 
charity, a sum not exceeding fifteen hundred dollars. 



State paupers in 
lunatic liospi- 
tals. 



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 of s*ate 
paupers. 



Temporary sup- 
port by cities 
and towns. 



Outside 
foundlings. 



School for the 
feeble-minded. 



MISCELLANEOUS CHARITABLE EXPENSES. 

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-six thousand dollars. 

For the transportation of state paupers to the state 
almshouse, a sum not exceeding seven hundred dollars. 

For the transportation of state paupers, a sum not 
exceeding fifteen thousand dollars. 

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

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

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

For the support of sick state paupers by cities and 
towns, a sum not exceeding forty-two thousand five hun- 
dred 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 years, a sum not exceeding six 
thousand five hundred dollars. 

For the temporary support of state paupers by cities 
and towns, for the present and previous years, a sum not 
exceedins: fifteen thousand dollars. 

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

For the support of state paupers and special pupils in 
the Massachusetts school for the feeble-minded, a sum not 
exceedins: fifteen thousand dollars. 



1885. — Chapters 10, 11. 511 

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

For expenses incurred in connection with medical Medicai exami- 

1- , T 1 nations and 

examinations and inquests, a sum not exceeding three inquests. 
thousand 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 six hundred and fifty-nine 
dollars. 

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

GRATUITIES. 

For a gratuity payable to the town of Westfield, weTt"fleid. 
authorized b}' the legislature, five thousand dollars. 

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

Approved February 11, 1885. 

An Act making appropriations for salaries and expenses at Qfidj). 10 

THE STATE WORKHOUSE AT BRIDGEWATER. 

Be it enacted, etc., as follows : 

Section 1. The sums hereinafter mentioned are appro- Appropriations. 
priated, to be paid out of the treasury of the Common- 
wealth, from the ordinary revenue, for the payment of 
salaries and expenses at the state workhouse at Bridge- 
water, during the year eighteen hundred and eighty-five, 
to wit : — 

For the payment of salaries, wages and labor at the Salaries and ex- 

11 i.r)'J i. i. T penses at state 

state workhouse at liridgewater, a sum not exceeding workhouse. 
eleven thousand dollars ; and for current expenses at said 
institution, a sum not exceeding thirty-two thousand 
dollars. 

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

Approved February 11, 1885. 

An Act making appropriations for the salaries and ex- (JJidj)^ W 

PENSES OF THE DISTRICT POLICE FORCE. 

Be it enacted, etc., as follows: 

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



512 1885. — Chaptees 12, 13. 

salaries and expenses of the district police force, during 

the year eighteen hundred and eighty-five, to wit : — 
siiary orchTer ^or the Salary of the chief of the district police force, a 

sum not exceeding one thousand seven hundred dollars. 
of°memb?r8.°° For Compensation of members of the district police 

force, a sum not exceeding eighteen thousand dollars. 
Travelling YoY travelliuo' cxpcnscs actually paid by members of 

expenses. it. ,./• *■-,.. • -. 

the district police lorce, a sum not exceeding nine thousand 
dollars. 
incidentaiand Yov incidental and continofent expenses of the district 

contingent o. r 

expenses. policc forcc, a suQi uot exccediug two thousand live hun- 

dred dollars. 

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

Appro ced February 11, 1885. 

njinqj ^2 ^^ ^^^ MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES AT 
THE STATE ALMSHOUSE AT TEWKSBURY 

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, 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- 
five, to wit : — 
state almshouse. For Salaries, wages and labor at the state almshouse at 
exjfenses'!"'^ Tcwksbufy, R sum uot excecdiug twenty-one thousand 
dollars ; and for current expenses at said institution, a 
sum not exceeding seventy-five thousand dollars. 

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

Approved February 11, 1885. 

ClldV. 13 ^^ ^^^ MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES AT 
THE STATE PRISON, MASSACHUSETTS REFORMATORY, THE REFORMA- 
TORY PRISON FOR WOMEN, AND FOB 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-five, to wit : — 
state prison. For payment of salaries and wages at the state prison at 

expTnses?" Charlestowu, a sum not exceeding forty-seven thousand 



1885. — Chapter 13. 513 

four hundred dollars ; and for other current expenses at 
said institution, a sum not exceeding sixty-eight thousand 
five hundred dollars. 

For expenses at the Charlestown state prison, author- Expenses 
ized by section two of chapter three hundred and thirty- i8S4°33i!§2.^ 
one of the acts of the year eighteen hundred and eighty- 
four, a sum not exceeding twenty thousand nine hundred 
and eighty-four dollars and forty-nine cents. 

For payment of salaries and wages at the Massachusetts Massachusetts 
reformatory at Concord, a sum not exceeding forty-six stiadefand 
thousand dollars ; and for other current expenses at the expenses. 
said institution, a sum not exceeding fifty-four thousand 
dollars. 

For payment of salaries and wages at the reformatory pnsonfor 
prison for women at Sherborn, a sum not exceeding sa°iaHe8and 
twenty-one thousand dollars ; and for other current ex- expenses. 
penses at said institution, a sum not exceeding forty-one 
thousand eight hundred dollars. 

For expenses incurred in removing prisoners to and Removing 

r ^^ c i^ • r 4- prisoners. 

from the rerormatory prison tor women, a sum not ex- 
ceeding two hundred dollars. 

For the salary of the agent for aiding convicts dis- Agent for re. 
charged from the state prison, one thousand dollars; and charged " 
for expenses of such 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 Agent for aiding 

di T n .1 - {• j.\ r^ lii female convicts. 

ischarged trom the prisons or the 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 dollars. 

For payment of the cost of supporting prisoners re- support of pris- 

T/",!/., • I' i. oners removed. 

moved irom the rerormatory prison lor women, a sum not 
exceeding four hundred dollars. 

For aiding prisoners discharged from the Massachusetts Aid for prison- 
reformatory, a sum not exceeding three thousand dollars, from^MMs^r^- 
to be expended by the commissioners of prisons. lormatory. 

For removal of prisoners to and from the Massachusetts Removal of 
reformatory, a sum not exceeding one thousand dollars. P"8ouers. 

For incidental and contingent expenses of the commis- Expenses of 

n ' J T -itijj commissiouers. 

sioners or prisons, a sum not exceeding eight hundred 
dollars. 

For travelling expenses of the commissioners of prisons Travelling 
and the secretary thereof, a sum not exceeding eight hun- ^^p'^'^®^^* 
dred dollars. 



514 



1885. — Chapter 14. 



Fugitives from 
justice. 



For expenses incurred in the arrest of fugitives from 
justice, a sum not exceeding two thousand dollars. 

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

Approved February 11, 1885. 



Chap. 



Appropriations. 



Printing and 
binding public 
documents. 



Pamphlet 
edition of acts 
and resolves. 



"Blue Book " 
edition of acts 
and resolves. 



Newspaper 
publication. 



Assessors'books 
and blanks. 



Term reports. 



Editing registra- 
tion report. 



Paper for the 
state printing. 



Tables and in- 
dexes to 
statutes. 



-I A An Act making appropriations for printing and binding pub- 
lic DOCUMENTS, FOR EDITING REGISTRATION REPORT, PURCHASE 
OF PAPER, PUBLISHING LAWS, AND PREPARING TABLES AND IN- 
DEXES RELATING TO THE STATUTES. 

Be it enacted^ etc., as folloivs: 

Section 1. The sums hereinafter mentioned are ap- 
propriated, to be paid out of the treasury of the Com- 
monwealth, from the ordinary revenue, to meet expenses 
for the year ending on the thirty-first day of December 
in the year one thousand eight hundred and eighty-five, to 
wit: — 

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

For printing the pamphlet edition of the acts and re- 
solves of the present year, for distribution in the Com- 
monwealth, a sum not exceeding two thousand five hun- 
dred dollars. 

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

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

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

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

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

For the purchase of paper for the Commonwealth, used 
in the execution of the contract for the state printing, 
under the direction of the secretary of the Commonwealth, 
a sum not exceeding twenty-two thousand dollars. 

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



1885. — Chapters 15, 16. 515 

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

For printing and binding ordered by the senate and pH^ali'gand 
house of representatives, or by concurrent order of the binding. 
two branches, a sum not exceeding twenty-one thousand 
dollars. 

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

Approved February 11, 1885. 

An Act providing for additional clerical assistance in the (JJiap. 15 

OFFICE OP THE TREASURER AND RECEIVER-GENERAL. 

Be it enacted, etc. , as follows : 

Section 1. The treasurer and receiver-general may Additional cieri- 
from time to time temporarily employ in his office such okce of the 
additional clerical assistance as may be necessary for the 
despatch of the public business, at an expense not exceed- 
ing, in any one year, the sum of one thousand dollars. 

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

Approved February 12, 1885. 

An Act making APPROPRIATIONS for compensation and MILEAGE njinrn 1g 
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 appro- Appropriations. 
priated, to be paid out of the treasury of the Common- 
wealth, from the ordinary revenue, for the purposes 
specified, to meet expenses for the year ending on the 
thirty-first day of December in the year eighteen hundred 
and eighty-five, to wit : — 

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

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

For incidental and contingent expenses of the adjutant- Adjutant- 
general's department, a sum not exceeding three thousand ^®"^'"'*'- 
dollars. 

For rent of brigade and battalion headquarters and com- Headquarters 
pany armories, a sum not exceeding thirty-one thousand ^"<^ '''■°^°"^«- 
dollars. 

For incidental and contingent expenses of the quarter- Quartermaster's 
master's department, a sum not exceeding five thousand *^*^p^"™^°'- 
dollars. 



cer«, sailors and 
marines 



51G 1885. — Chapter 17. 

Quartermaster's YoY quarterm.'istcrs' suDplics, a sum not exceedins; elo'ht 
thousand dollars. 

Campground. Yqy grading and care of the camp ground of the state 
at Framingham, a sum not exceeding one thousand dol- 
lars. 

Military For military accounts in connection with the volunteer 

militia,, not otherwise provided for, a sum not exceeding 
four thousand dollars. 

Medical Pqj. jnedical supplies for the use of the volunteer 

SUpplKiS. II 

militia, a sum not exceeding five hundred dollars. 

Surgeon- For incidental and contingent expenses of the surgeon- 

geneiai. general, a sum not exceeding five hundred dollars. 

Record of offi- For cxpeuscs iu connection with the record of Massa- 
chusetts officers, sailors and marines, a sum not exceeding 
five hundred dollars ; the unexpended balance of the 
appropriations authorized by chapter thirty two of the 
acts and chapter forty-five of the resolves of the year 
eighteen hundred and eighty-four, amounting to ten hun- 
dred and thirty-two dollars and twenty-five cents, is 
hereb}' re-appropriated and made applicable to the same 
purposes. 

Proceeds of sale Auvsums of moucv vcccived uudcr 'the provisions of 

of jirass to be .-^ , • i f y r i'lniT 

applied to pur- scctiou cighty-cight ot Chapter lourteen ot the i ubiic 
suppHes"" '^'"^^ 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 effect upon its passage. 

Approved February 12, 1885. 
Chap. 17 An Act to amend "an act to incorporate the dedham water 

COMPANY." 

Be it enacted, etc., as follows: 
Amendment to SECTION 1. Scctiou six of chapter onc hundred and 
thirty-eight of the acts of the year eighteen hundred and 
seventy-six is hereby amended so as to read as follows : — 
Capital stock Thc Capital stock of said corporation shall not exceed 

" ^ two hundred thousand dollars, which shall be divided into 

shares of one hundred dollars each, and said corporation 
may, at any time, 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 ap- 
plied to the purposes of its incorporation. 

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

Approved February 12, 1885. 



1876, 138, §6. 



and bonds. 



1885. — Chapters 18, 19, 20. 517 

An Act MAKING appropriations for salaries and expenses at /^/j/y.. 1Q 

THE STATE INDUSTRIAL SCHOOL FOR GIRLS. 

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 meet expenses for the year ending on the 
thirty-first day of December in the year eighteen hundred 
and eighty-five, to wit : — 

For the payment of salaries, wages and labor at the state industrial 
state industrial school for girls, at Lancaster, a sum not 
exceeding seven thousand doUars ; and for other current 
expenses at said institution, a sum not exceeding eleven 
thousand dollars. 

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

Aj)proved February 16, 1S85. 

An Act making appropriations for salaries and expenses f^Jinr) lO 

AT THE STATE PRIMARY SCHOOL AT MONSON. 

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

For salaries and wages at the state primary school at state primary 
Monson, a sum not exceeding seventeen thousand dollars ; ^'^ °° • 
and for current expenses at said institution, a sum not 
exceeding thirty-four thousand dollars, and for boarding 
out children a sum not exceeding three thousand dollars. 

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

Approved February 16, 1885. 

An Act making appropriations for salaries and expenses at QJidp^ 20 

THE LYMAN SCHOOL FOR BOYS. 

Be it enacted, etc., as folloivs: 

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, to meet expenses for 
the term of six months ending on the thirtieth day of June 
in the year eighteen hundred and eighty-five, to wit : — 



518 1885. — Chapters 21, 22, 23. 

Lyman school YoY the payment of salaries, wages and labor at the 
Lyman school for boys, at Westborough, a sum not ex- 
ceeding six thousand five hundred dollars ; and for other 
current expenses of said institution, a sum not exceeding 
eight thousand five hundred dollars. 

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

Ajjproved February 16, 1885. 

ChCLT)' 21 -^^ ^'^'^ ^° ENABLE THE ASSOCIATION FOR THE RELIEF OF AGED 
AND DESTITUTE WOMEN IN SALExAI TO HOLD ADDITIONAL REAL 
AND PERSONAL ESTATE. 

Be it enacted, etc., asfolloivs: 
May hold add;- SectionI. The Associatiou for the Relief of Aged 

tional real and i t->v -j j ttt • o i • i i i • i ^ 

personal estate, aud Dcstitute Womeu HI oalcm IS hereby authorized to 
hold real aud personal estate in the manner and for the 
purposes set forth in chapter one hundred eighty-three 
of the acts of the year eighteen hundred and sixty, to an 
amount not exceeding three hundred thousand dollars. 
Section 2. This act shall take effect upon its passage. 

Approved February 16, 1885. 

CllCiT). 22 ^N Act MAKING APPROPRIATIONS FOR THE COMPENSATION AND EX- 
PENSES OF THE COMMISSIONERS ON FISHERIES. 

Be it enacted, etc., as follows: 
Appropriations. SECTION 1. The sum hereinafter mentioned is appro- 
priated, to be paid out of the treasury of the Common- 
wealth, from the ordinary revenue, for the purposes speci- 
fied herein, to wit : — 
Commissioners For Compensation and expenses of the commissioners on 
fi8he"rres. inland fisheries, a sum not exceeding five thousand six 

hundred and fifty dollars. 

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

Approved February 16, 1885. 

Chan. 23 -^^ -^^"^ '^^ change the name of the brookline social club. 

Be it enacted, etc., as follows : 

Name changed Section 1. The uamc of the Brookline Social Club, a 
ciub'!''° '""^ corporation formed and established under the Public 
Statutes of the Commonwealth, is changed to Brookline 
Club. 

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

Ap)proved February 16, 1885. 



1885. — Chapters 24, 25, 26. 519 

An Act relative to publication and presentation to the (JJid^f. 24 

GENERAL COURT OF CERTAIN PETITIONS. 

Be it enacted., etc., as foUoivs: 

Section 1. Whoever intends to present to the general Petitions to the 

.,, rY, • 1 .1 i? • general court 

court a petition specially aiiectmoj the rights oi a city, affecting rigiits 

/I T.i,/",! • i"/« •! 1 of a city, town, 

town, or fire district, for the incorporation ot a railroad, etc., for a water 
street railway, elevated railroad, or canal company, or for corporation of °a 
the amendment of the charter of any such company, for r^'iroad. 
authority to take water for a water supply, or relative to 
building structures over navigable or tide water, shall 
give notice of such petition by publishing a copy of the 
same once a week for three successive weeks in such 
newspaper or newspapers as the secretary of the Com- 
monwealth, having regard to the locality of the interests 
involved in such petition, shall direct, the last publication 
to be at least fourteen days before the session at which 
the petition is to be presented. 

Section 2. Such petitions shall be deposited in the to be deposited 
office of the secretary of the Commonwealth, with proof 'Jmce^with^proof 
of publication satisfactory to him, on or before the first of publication. 
day of January, and the secretary shall transmit the same 
to the general court during the first week of the session, 
with the endorsement in each case that the required pub- 
lication has been made. 

Section 3. Sections five, six, seven, eight, nine, ten. Repeal. 
eleven, twelve, thirteen and fourteen of chapter two of 
the Public Statutes are repealed. 

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

Apinoved February 19, 1885. 

An Act to change the name of the t. w. tyler manufacturing nhn^ 25 

COMPANY. 

Be it enacted, etc., as follows : 

Section 1 . The name of the T. W. Tyler Manufac- Name changed. 
turiug Company, incorporated under chapter one hundred 
and six of the Public Statutes, is changed to that of The 
Lynn Shoe Supply Company. 

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

Approved February 19, 1885. 

An Act to authorize the American watch company to change (JJiaj), 26 

ITS corporate name and to increase its capital stock. 
Be it enacted, etc., as follows: 

Section 1. The American "Watch Company, located Name changed. 
in the city of Waltham, may take the corporate name of 
American Waltham Watch Company. 



J20 



1885. — Chapters 27, 28, 29. 



Terms of court 
for criminal . 
business. 



Increase of SECTION 2. The saicl corporatioii mav increase its caD- 

capital stock. ..i ,. . -,. .,i. ^ 

ital stock to an amount not exceeding two millions live 
hundred thousand dollars, in addition to the amount of 
its present capital stock ; the same to be divided into 
shares of the i)ar value of one hundred dollars each. 
Section 3. This act shall take effect upon its passage. 

Approved February 19, 1885. 

Chap. '2il -^N Act relating to the terms of the superior codrt for 

HAMPDEN COUNTY. 

Be it enacted, etc., as foUoivs : 

Section 1. There shall be holden at Springfield, within 
and for the county of Hampden, an additional term of the 
superior court for criminal business ; and hereafter terms 
of said court for criminal business shall be held at said 
Springfield on the first Monday of May, the fourth Mon- 
day of September and the third Monday of December. 
The grand jury for Hampden County shall assemble at 
the terms of the court hereby established. 

Section 2. This act shall take effect on the first day 
of July in the year one thousand eight hundred and eighty- 
five. Approved February 19, 1885. 

An Act to authorize the town of quincy to pay certain 

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

Section 1. The town of Quincy is authorized to raise 
by taxation a sum of money not exceeding five hundred 
dollars, and appropriate the same to the payment of a 
bounty of one hundred and twenty-five dollars to each of 
the following soldiers: — Daniel F. French, Francis P. 
Loud, Samuel B. Turner and Thomas Smith : provided, 
that said town shall not be re-imbursed by the Common- 
wealth for any money paid under authority of this act. 

Section 2. If any such soldier has died or shall die 
before he receives his bounty it shall be paid to his widow, 
or if he leaves no widow, to his lawful heirs. 

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

Ajyproved February 19, 1885. 

Chan 20 ^^ -^^^ changing the form of INDEXES KEPT IN REGISTRIES OF 

DEEDS. 

Be it enacted, etc., as follows: 
Indexes to con- Section 1. Hereafter reojisters of deeds, in every 

tain names of r^/vii in -i • • ^ 

towns where the countv cxccpt Suffolk, shall wrovidc in the indexes pre- 

landslie. J 1 ' 1 J- 



To take effect 
July 1, 18S5. 



Chap. 28 



May pay boun- 
ties to certain 
soldiers. 



Proviso. 



To be paid to 
widow or heirs, 
if soldier is 
dead. 



1885. — Chapters 30, 31, 32. 521 

scribed in section twenty-two, chapter twenty-four of the 
Public Statutes, an additional column with a title or head 
as follows : — Town where the lands lie. And they shall 
enter in such column the name of the city or town in 
which are located the lands described in the deed or other 
instrument to be recorded, whenever the same is therein 
disclosed. 

Section 2. This act shall take effect on the first day To take effect 
of January in the year eighteen hundred and eighty-six. 

Approved February 19, 1885. 

An Act to authorize the general charitable society of new- (JJiap.. 30 

BURYPORT TO HOLD ADDITIONAL REAL AND PERSONAL ESTATE. 

Be it enacted, etc., asfolloios: 

Section 1. The General Charitable Society of New- May hold nddi- 
buryport, incorporated by chapter two hundred and eighty- pe^onaTestate. 
one of the acts of eighteen hundred and fifty-six, is hereby 
authorized to hold real and personal estate to an amount 
not exceeding thirty thousand dollars. 

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

Approved February 19, 1885. 

An Act in relation to commissioners to take acknowledg- (JJiQr). 31 

MENTS OF DEEDS IN FOREIGN COUNTRIES. 

Be it enacted, etc., as follows: 

Section fourteen of chapter eighteen of the Public Stat- 
utes is hereby amended so as to read as follows : — 

^Section 14. Every such commissioner, before per- oath of office. 
forming any duty of his office, shall take and subscribe an 
oath or affirmation before a judge or clerk of a court of 
record of the country in which he resides, or before a min- 
ister or consul of the United States appointed to reside 
in such country, faithfully to discharge the duties of his 
office; which oath or affirmation, with his signature and 
an impression of his official seal, shall be forthwith trans- 
mitted to and filed in the office of the secretary of this 
Commonwealth. Approved February 19, 1885. 

An Act relative to the examination of official bonds. Chan S2 
Be it enacted, etc., as folloios: 

Section 1. Every officer, board or court of the Com- omciai bonds to 
monwealth, except the governor and council, required by amfned'as'to^'^' 
law to approve any bond given for the performance of the their sumdency. 



522 1885. — Chapter 33. 

duties of any oflBce, occupation, agency or trust, which is 

in the custody of the treasurer and receiver-general, shall 

annually in the mouth of March, and at any other time 

when such officer, board or court may have reason to 

believe such bond has become insufficient, examine as to 

the sufficiency of the same. And such examination shall 

be reported by the person or persons making it, or by 

their authorized agent, to the governor and council within 

thirty days after the same has been concluded. In case 

Newbond^tobe any such bond shall appear to be insufficient, the person 

found insuf- or persous examining the same shall at once notify the 

obligor thereof, and shall require a new bond such as may 

be by law required to be filed before entering upon the 

performance of the duties of such office, occupation, 

agency or trust, within thirty days from the date of such 

notice. 

bo^nd"'by"°com- Section 2. lu case of bonds which are by law 

mitteeofthe approved by the governor or the governor and council, 

council. ••! ••1111 T 

Similar examination shall be annually made during the 
month of March, by a committee of the council appointed 
by the governor, and in case any such bond is found 
insufficient, notice shall be given to the obligor, and a 
new bond required, as provided in the preceding section 
concerning other bonds. 
fouing^ofiie Section 3. If in any case the requirement for filing a 

new bond, as uew boud shall not be complied with within the time 

required, to be . .11 ■% • 

removed. limited, the govcmor with the advice and consent of 

the council shall remove the obligor from the office or 
trust, or terminate his authority to exercise such occu- 
pation or agency, and thereupon like proceedings shall 
be had as in case of a vacancy occurring from any other 
cause. 
othefiouVegu- Section 4. This act shall be taken to be in addition 
lating proceed- to auy othcr acts regulating proceedings in case of defect- 

ings in case of , , "^ _ - , '-' t' i _o 

defective bonds, ivc Douds, aud shall take enect upon its passage. 

Approved February 24, 1885. 

Chap. 33 An Act to ikcokporate the citizens' savings bank in the 

TOWN OF READING. 

Be it enacted, etc., as follows: 

Si'fiank.'*''" Section 1. " Charles H. Nowell, Joseph L. Pratt, 
Horace E. Stone, Edward F. Parker, Kirk Sweetser, 
Arthur W. Carr, Wendell Bancroft, Joseph H. Gleason, 
Charles A. Weston, Lucius Turner, Robert Bowser, 



1885. — Chapters 34, 35. 523 

Lewis M. Bancroft, David C. Temple, James H. Carleton, 
their associates and snccessors, are hereby made a corpo- 
ration by the name of the Citizens' Savings Bank, to be 
located in the town of Reading, with all the powers and ^°^^^^^'"^ 
privileges and subject to all the duties, liabilities and 
restrictions set forth in all general laws which now are or 
may hereafter be in force relating to savings banks and 
institutions for savings. 

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

Approved February 24, 1885. 

An Act to incorporate the somerville savings bank. (JJiUT). 34 

Be it enacted, etc., as follows: 

Section 1. Selwyn Z. Bowman, Silas H. Holland, f^g^^ Bank. ^''''' 
Robert A. Vinal, Charles S. Lincoln, Oren S. Knapp, 
Philip Eberle, Josiah Q. Bennett and Edward B. Buck- 
ingham, their associates and successors, are hereby made 
a corporation by the name of the Somerville Savings 
Bank, to be located in the city of Somerville, with all the Powers and 
powers and privileges and subject to all the duties, liabili- 
ties and restrictions set forth in all general laws which 
now are or may hereafter be in force relating to savings 
banks and institutions for savings. 

Section 2. Chapter seventy-four of the acts of the corporation dis. 
year one thousand eight hundred and seventy is hereby ^°^® ' ' '' ' 
repealed, and the corporation known as the Somerville 
Savings Bank organized under said act is hereby dis- 
solved. 

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

Approved February 24, 1885. 

An Act in relation to removals of prisoners to the state (JJidjy. 35 

WORKHOUSE AND TO TUB MASSACHUSETTS REFORMATORY. 

Be it enacted, etc. , as follows : 

Section 1. Upon the application of the county com- Removal of pris. 
missioners of any county the commissioners of prisons ""d'hiusesil'^ 
may remove from any jail or house of correction in said gjate '^^^"1^''° ''^^ 
county to the state workhouse any male prisoner held in iiouse. 
such jail or house of correction under a sentence for being 
a vagrant or a tramp, and said removals shall be subject 
to the provisions of chapter two hundred and nineteen of 
the Public Statutes relative to removals made in accord- 
ance with the provisions of section six of said chapter. 



524 



1885. — Chapters 36, 37. 



Removal of pris- 
oners from the 
state work- 
house to the 
Mass. reforma- 
tory. 



Chap. 



Time extended 
for taking land, 
re-locating por- 
tions of road, 
etc. 



Land not to be 
taken in Boston, 
east of Charles 
River avenue or 
Charles River 
bridge. 



ChaiJ. 37 



Town of Millis 
incorporated. 



Set oflF from 
town of Med- 
way. 



Section 2. Said commissioners may remove from the 
state workhouse to the Massachusetts reformatory any 
person held in said workhouse under a sentence. All the 
provisions of chapter two hundred and fifty-five of the acts 
of the year eighteen hundred and eighty-four, relative to 
the removal of prisoners from a county prison to said 
reformatory, shall apply to the removal of prisoners under 
this section. 

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

Approved February 24, 1885. 

36 ^N Act to extend the provisions of chapter four hundred 

AND one of the ACTS OF THE TEAR EIGHTEEN HUNDRED AND 
SEVENTY-FOUR IN RELATION TO THE TAKING OF LAND BY THE 
FITCHBURQ RAILROAD COMPANY. 

Be it enacted, etc., as follows: 

Section 1. The time within which the Fitchburg Rail- 
road Company may avail itself of the rights and privileges 
granted by chapter four hundred and one of the acts of the 
year eighteen hundred and sevenfy-four is hereby ex- 
tended to June thirtieth, eighteen hundred and ninety. 

Section 2. Said chapter of the acts of the year 
eighteen hundred and seventy-four and this act shall not 
authorize said Fitchburg Railroad Company to take any 
lands east of Charles River Avenue or Charles River 
Bridge in any part of the city of Boston. 

Approved February 24, 1885. 

An Act to incorporate the town of millis. 
Be it enacted, etc., as follows : 

Section 1. All that part of the town of Medway com- 
prised within the following limits, that is to say, beginning 
at a stone bound at an angle in the boundary line between 
the towns of Medway and Holliston about sixty rods dis- 
tant from Orchard Street and near the Nathan Plimpton 
place, so called, and running southerly in a straight line 
to the north-westerly corner of Farm and Village streets, 
thence continuing in the same course to the middle of 
Charles River ; thence following the present boundary 
lines between the town of Medway and the towns of Nor- 
folk, Medfield, Sherborn and Holliston, to the above- 
mentioned stone bound, the place of beginning, is hereby 
set off from Medway and incorporated a town by the name 
of Millis ; and the town of Millis is hereby invested with 



1885. — Chapter 37. 525 

all the powers, privileges, rights and immunities, and 
made subject to all the duties and liabilities, of other 
towns of the Commonwealth, 

Section 2. The inhabitants and estates within the Assessment and 
territory hereby set off and the owners of sQch estates taxes';''*'" °^ 
shall be holden to pay all taxes assessed and in arrears 
to the same persons, and such taxes may be collected in 
the same manner, as if this act had not been passed ; and 
until the next state valuation the town of Millis annually 
in the month of November shall pay to the town of Med- 
way one-quarter of all the state and county taxes that 
shall be assessed upon Medway ; and the assessors of Med- 
way shall return the valuation of the two towns respect- 
ively to the secretary of the Commonwealth and to the 
county commissioners of the county of Norfolk. 

Section 3. The towns of Millis and Medway shall be Relief and sup- 
liable respectively for the relief and support of all persons port of paupers. 
now or hereafter needing aid as paupers who may or have 
derived or acquired a settlement within their respective 
limits ; and the town of Millis shall pay annually to the 
town of Medway such proportion of all costs for the relief 
and support of persons now or hereafter needing aid as 
paupers who may or have derived or acquired a settlement 
by reason of military service as part of the quota of Med- 
way, or who cannot be located on the site whence their 
settlement is derived or whereon it was acquired, as the 
valuation of the town of Millis bears to that of Medway as 
it is now bounded, according to the last state valuation 
prior to said relief and support. 

Section 4. Existing rights of action in favor of or Actions against 
against the town of Medway may be instituted and prose- to4noYMed- 
cuted or defended by said town in the same manner and ^*y- 
with like effect as before the passage of this act, and the 
amount recovered therein shall be paid or received as the 
case may be by the town of Medway, and reckoning costs 
and expenses, including counsel fees, shall be divided be- Division of costs 
tween the towns in the ratio of one-fourth to Millis and »"<i ^^penses. 
three-fourths to Medway. 

Section 5. The corporate property of the town of division of 
Medway both real and personal in being at the time of the corporate prop- 
passage of this act, and the town debts then existing, shall ^"^* 
be divided between the towns in the ratio of one-fourth 
to Millis and three-fourths to Medway. The towns shall 
severally retain and hold all the real and personal property 



526 



1885. — Chapter 37. 



To be deter- 
mined by com. 
misBioners, if 
towns fail to 
agree. 



Election dis- 
tricts. 



First meeting 
for election of 
town officers. 



now within their respective limits, upon a valuation to be 
agreed by the boards of selectmen of both towns in con- 
currence, and differences in valuation shall be equalized 
and balances adjusted by apportionment of the town 
funded debt. In case of a failure to agree upon a valua- 
tion or division of the assets and liabilities, the same shall 
be determined by a board of three commissioners, neither 
of whom shall be residents of either of said towns, to be 
appointed by the superior court for the county of Norfolk 
in terra time or vacation upon petition of either town with 
notice to the other. The commission so appointed shall 
sit and, after hearing both parties, determine the matters 
of disagreement aforesaid, and return their award into said 
court, and the award of the majority, when accepted by 
the court, shall be final ; and said court may issue any writ 
or make any order thereon necessary to carry the same into 
effect. The award may be set aside for fraud or manifest 
error, but for no other cause, and thereupon may be re- 
committed to the same or other commissioners to be ap- 
pointed for the same purpose, with like powers and duties, 
as aforesaid. 

Section 6. The town of Millis shall, until otherwise 
provided by law, continue to be a part of the ninth con- 
gressional district, of the second councillor district, of the 
second Norfolk senatorial district and the eighth Norfolk 
representative district; and at all elections the inhabitants 
of the town of Millis shall vote at polling places to be 
furnished within the town. The selectmen and clerk of 
the town of Millis shall make returns of elections as if the 
town had existed at the time of the formation of said dis- 
tricts. 

Section 7. Any justice of the peace within and for 
Norfolk County, residing in the town of Millis, may issue 
his warrant, directed to any inhabitant of said town re- 
quiring 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 same is directed, in three or more public 
places in the town of Millis, seven days at least before 
such time of meeting. Such justice, or in his absence 
such inhabitant required to notify the meeting, shall pre- 



1885. — Chapters 38, 39. 527 

side until the choice of moderator in said town meeting. 
The selectmen of the town of Med way shall, before said 
meetinir, prepare a list of voters in the town of Millis, 
qualified to vote at said meeting, and shall deliver the 
same to the person presiding at such meeting before the 
choice of moderator thereof. 

Section 8. The town of Millis shall bear the expense Miiiis to pay for 
of making the necessary surveys and establishing the lines ^"•'^^y^- «*«=• 
between the towns of Medway and Millis. 

Section 9. The town of Medway shall pay to the Reimbursement 
town of Millis a quarter part of whatever amount may for 8t°a"e am "o"'^ 
hereafter be refunded to said town of Medway, from the 8°''i'e"- 
state or United States, to re-imburse it for bounties to 
soldiers, or state aid heretofore paid to the families of 
soldiers, after deducting all reasonable expenses. 

Section 10. All rights heretofore secured to existing Rights of exist- 
corporations upon the territory hereby incorporated shall to^co"n't?nie!^'°°^ 
continue as though this act had not been passed. 

Section 11. This act shall take effect upon its passage. 

Approved February 24, 1885. 

An Act conceening the membership of the supreme parlia- (JJiaj), 38 

MENT OF THE GOLDEN RULE ALLIANCE. 

Be it enacted, etc., as follows : 

Section 1. The Supreme Parliament of the Golden Admission of 
Rule Alliance, a corporation organized under chapter one 
hundred and fifteen of the Public Statutes, mny receive 
as members other persons than those described in its cer- 
tificate of organization. 

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

Approved February 25, 1885. 

An Act making appropriations for incidental, contingent and nhfj^i S9 

miscellaneous expenses of THE VARIOUS DEPARTMENTS AND ^ 

commissions of THE GOVERNMENT. 

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, to meet current ex- 
penses of the year ending on the thirty-first day of De- 
cember in the year eighteen hundred and eighty-five, to 
wit : — 



528 



1885. — Chapter 39. 



Senate station- 
ery. 

House station- 
ery. 

Sergeant-at- 
arms' station- 
ery, etc. 



Incidental and 
contingent ex- 
penses. 



LEGISLATIVE DEPARTMENT. 

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

For stationery for the house purchased by the clerk, a 
sum not exceeding one thousand six hundred dollars. 

For books, stationery, printing and advertising ordered 
by the sergeaut-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. 



Contingent ex- 
penses. 

Postage, print- 
ing and station- 
ery. 

Contingent ex- 
penses. 

Postage, print- 
ing and station- 
ery. 



EXECUTIVE DEPARTMENT. 

For the contingent expenses of the executive depart- 
ment, the sum of three thousand dollars. 

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

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

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



STATE HOUSE EXPENSES, ETC. 

For repairs, improvements and furniture of the state 
house, a sum not exceeding ten thousand dollars. 
Fuel and lights. For fucl and lights for the state house, a sum not ex- 
ceeding six thousand dollars. 

For repairs, improvements, furniture and other ex- 
penses at the Commonwealth building, a sum not exceed- 
ing five thousand dollars. 



State house, re 
pairs. 



Commonwealth 
building. 



INCIDENTAL AND CONTINGENT EXPENSES. 



Incidental ex 

penses. 

Secretary. 



For incidental expenses in the department of the sec- 
retary of the Commonwealth, a sum not exceeding three 
thousand five hundred dollars. 

For incidental expenses in the department of the treas- 
urer and receiver-general, a sum not exceeding seventeen 
hundred and fifty dollars. 

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

For incidental expenses of the commissioner of corpo- 
ot corporations, j-r^f j^^j^g^ j^ g^jj ^q^^ excccding four hundred dollars. 

State valuation. For cxpcuses of the statc valuation, under the direc- 
tion of the deputy tax commissioner, a sum not exceed- 
ing three thousand dollars. 



Treasurer. 



Tax commis 
sioner. 



CommiBsioner 



1885. — Chaptek 39. 529 

For incidental expenses in the department of the auditor Auditor. 
of the Commonwealth, a sum not exceeding seven hun- 
dred dolhirs. 

For incidental expenses of the attorney-general, a sum Attorney gene- 
not exceeding ten hundred and seventy-five dollars ; and ''^^' 
for expenses of civil actions, a sum not exceeding three 
hundred dollars. 

COMMISSIONERS ET AL. 

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

For incidental and contingent expenses of the harbor incidental and 
and land commissioners, a sum not exceeding five hun- penses!*^'^"^^' 
dred dollars. 

For incidental expenses of the insurance commission- insurance com- 
er's department, a sum not exceeding three thousand ™'**'^"'''"- 
dollars. 

For compensation of experts or other agents, for rent Railroad com- 
of office and for incidental and contingent expenses of the ™'^*'°"®''*- 
railroad commissioners, a sum not exceeding four thou- 
sand one hundred dollars. 

For travellinof and incidental expenses of the coramis- CommissioDers 
sioners on savnigs banks, the same to include expenses banks. 
incurred in auditing the accounts of county officers, a 
sum not exceeding: one thousand five hundred dollars. 

For travelling and incidental expenses of the inspector inspectors of 
and assistant inspector of gas meters, a sum not exceed- ^'^^™'*"^- 
ing six hundred dollars ; and for furnishing such addi- 
tional apparatus as the inspector of gas meters may find 
necessary, a sum not exceeding two hundred dollars. 

For the purpose of exterminating contagious diseases Contasrious 
among horses and cattle, a sum not exceeding one thou- ho^es'^anT*'"^ 
sand five hundred dollars. *'''"'®' 

EXPENSES RESULTING FROM THE WAR OF THE REBELLION. 

For the re-imbursement of cities and towns for money Re.imbnrse- 
paid on account of state and military aid to Massachusetts menl^^sCue' 
volunteers and their families, a sum not exceeding three and military aid. 
hundred and sixty-five thousand dollars ; the same to be 
payal)le on or before the first day of December of the 
present year. 

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



530 



1885. — Chaptee 39. 



Soldiers' boun- For payment of bounties due to Massachusetts soldiers 
*'^*" who served in the late war, a sum not exceeding one 

thousand dollars. 



Agricultural 
bounties. 



Board of agri- 
culture, ex- 
penses of. 



Secretary. 



Incidental ex- 
penses. 

Experimental 
etation. 



College. 



Appropriation 
of fees. 



AGRICULTURAL. 

For bounties to agricultural societies, seventeen thou- 
sand one hundred dollars. 

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

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

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

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

For the Massachusetts agricultural college, for the pur- 
pose of providing eighty free scholarships, the sum often 
thousand dollars. 

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



Census, and 
industrial sta- 
tistics. 



Wrecks. 



Unclaimed 
moneys in 
hands of receiv- 
ers of insolvent 
corporations. 

Public adminis- 
trators. 



Roads in Math- 
pee. 



MISCELLANEOUS. 

For clerical services and other expenses in connection 
with taking the decennial census and industrial statistics 
of the Commonwealth, a sum not exceeding one hundred 
and fifty thousand dollars. 

For expenses in connection with the removal of wrecks 
and other obstructions from tide waters, a sum not ex- 
ceeding five thousand dollars. 

For the payment of unclaimed moneys in the hands of 
receivers of certain insolvent corporations, after the same 
has been deposited in the treasury of the Commonwealth, 
a sum not exceeding ten thousand dollars. 

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

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



1885. — Chapters 40, 41. 531 

To the sheriffs of the different counties, for clistributinf]^ sheriffs, for dis- 
proclamations, blanks and making return or votes, a sum bianka, etc. 
not exceeding five hundred doHars. 

For weights, measures, balances and reports for sundry ^eaflres!"*^ 
newly incorporated towns, a sum not exceeding two thou- 
sand four hundred doHars. 

For travelling and other necessary expenses of the fru^fJJfg''of°/e- 
trustees of the State primary, reform and industrial ^"J™- j''^'^''-' 
schools, a sum not exceeding one thousand two hundred 
dollars. 

For expenses in connection with a topographical survey ^^ [^e^gf^^e ™*p 
and map of Massachusetts, authorized by chapter seventy- 
two of the resolves of the year eighteen hundred and 
eighty-four, a sum not exceeding fifteen thousand dollars. 

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

Approved February 25, 1885. 
An Act in relation to the fees of special justices of district, (JJidp, 40 

POLICE and municipal COURTS. 

Be it enacted, etc., as follo^vs : 

A special iustice of a district, police or municipal Fees of special 

,■,,■, ' 1 1 •• c \ justices of dis- 

court, who holds an inquest under the provisions ot chap- met, etc., 
ter twenty-six of the Public Statutes, shall be entitled to *^°""*' 
the same fees as are allowed to trial justices for similar 
services ; but this act shall not apply to special justices 
of such courts who are by law entitled to other compen- 
sation as such justices than is provided under section 
twenty-six of chapter one hundred and fifty-four of the 
Public Statutes. Approved, February 25, 1885. 

An Act relating to the annual financial estimates for ap- (JJidj)^ 41 

PROPRIATIONS. 

Be it enacted, etc., as Jollows : 

Section 1. The annual financial estimates, required Estimates for 
by section twenty-six of chapter sixteen of the Public toblTiadct" 
Statutes, to be made on or before the fifteenth day of '^" ''"'^^''"■■ 
December in each year to the secretary of the Common- 
wealth, shall hereafter be made to the auditor of the 
Commonwealth, who shall embody such estimates, to- 
gether with those of his own department, in one 
document, which shall be printed and laid before the 
general court on the second Wednesday of the succeeding 
January for its examination. 

Section 2. All acts and parts of acts inconsistent 
herewith are hereby repealed. 

Approved February 25, 1885. 



532 1885. — Chapters 42, 43, 44. 

Chap. 42 An Act for the relief of the municipal court of the city 

OF BOSTON. 

Be it enacted, etc., as folloios: 

m^y'hl^S^t Section 1. The chief justice of the municipal court of 
the discretion of the citv of BostoH, when in his opinion the public business 

too ciiioi iubticc \j ' La- 

requires it, may request the special justice to hold a ses- 
sion of said court additional to such as are now provided 
by law, and the clerk shall enter such request of record; 
and said special justice during the continuance of such re- 
quest shall have and exercise all the powers and duties of 
the justices of said court, and shall be paid therefor by the 
county of Suffolk at the rate of ten dollars a day for each 
day's service. In case of the death, sickness or absence 
of the chief justice, or his incapacity to act, the power to 
request the special justice to hold court as herein before 
provided shall devolve upon the senior justice for the 
time being. 
Assistant to the Section 2. There shall be appointed in the manner 
inai business, providcd by hiw foT the appointment of assistant clerks of 
said court a second assistant to the clerk for civil business, 
who shall receive an annual salary of sixteen hundred 
dollars. 

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

Approved February 25, 1885. 

CliaV 43 ^^ ^^^ ^^ CHANGE THE NAME OF THE WALTHAM WATCH TOOL 

COMPANY. 

Be it enacted, etc., as follows: 

Name changed. SECTION 1. The name of the Waltham Watch Tool 
Company, a corporation established under the lavvs of the 
Commonwealth, is changed to and shall hereafter be known 
by the name of United States Watch Company. 

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

Approved February 25, 1885. 

Char) 4:4: -^^ ^^^ "^^ CONFIRIM CERTAIN ACTS OF THE PLUMB ISLAND TURN- 
^' PIKE AND BRIDGE CORPORATION. 

Be it enacted, etc., as follows : 
Transfers of Section 1. Transfers of stock in the Plumb Island 

quired lobe un- Turnpike and Bridge Corporation, incorporated by act 
approved February twenty-fourth, in the year eighteen 
hundred and six, shall not be required to be made under 
seal nor to be acknowledged ; and no transfer of its stock 



1885. — Chapters 45, 46. 533 

heretofore made shall be deemed invalid solely because 
such transfer was not under seal or not acknowledged. 

Section 2. No meeting of said corporation heretofore Acts confirmed. 
hckl, and no proceeding, act, election or vote of such meet- 
ing, and no contract, deed, issue or transfer of stock 
authorized by or accepted at such meeting, shall be deemed 
invalid because any person or persons acted as officers or 
stockholders at said meeting, who held stock by transfers 
not under seal or not acknowledged and recorded. 

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

Approved February 25, IS 85. 

An Act relating to writs issued by district, police and QJiqt) 45 
municipal courts. 

Be it enacted, etc., as follows: 

Section 1. Section sixteen of chapter one hundred writs to run in- 

, A to any county 

and fafty-four of the Public Statutes is amended so as to when one of 

^ c ^^ i p lift, • t several defend- 

read as follows : — when one ot several deiendants resides ants resides 
within the judicial district of any district, police or munic- ulct.'" ^''^ *^'*" 
ipal court, the writ issued by such court may run into 
any county and be served on the other defendant or de- 
fendants fourteen days at least before its return day, in 
like manner as if issued by the superior court. 

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

Ax)proved February 25, 1885. 

An Act making appropriations for certain educational (JJicit), 4(3 

expenses. 

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, except as herein 
directed, for the purposes specified, to meet expenses for 
the year ending on the thirty-first day of December, 
eighteen hundred and eighty-five, to wit : — 

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

For the support of the state normal art school, to in- Normal art 
elude rent, taxes, etc., a sum not exceeding sixteen thou- 
sand two hundred and ten dollars, to be paid from the 
unappropriated balance of the moiety of the income of 



534 



1885. — Chapter 46. 



Teachers' insti- 
tutes. 



County teach- 
ers' associa- 
tions. 



Massachusetts 
teachers' asso- 
ciation. 



Agents of board 
of education. 



Incidental ex- 
peuscs. 



Duhes County 
teachers' asso- 
ciaiiou. 

Aid to pupils in 
normal schools. 



Expenses of 
bpard of educa- 
tion. 



Institution for 
the blind. 



Deaf and dumb. 



State library. 



Rogers book 
fund, etc. 



the school fund applicable to educational purposes, an<3 
the excess, if any, 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 
three hundred dollars, to be paid out of the moiety of 
the income 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 
education. 

For the salaries and expenses of the agents of the board 
of education, a sum not exceeding nine thousand three 
hundred and ninety dollars. 

For incidental expenses of the board of education and 
for the secretary thereof, a sum not exceeding twelve 
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, payable in semi-annual 
payments, to be expended under the direction of the 
state 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 support of Massachusetts beneficiaries in asy- 
lums for the deaf and dumb, and in other institutions of 
the same character, a sum not exceeding forty thousand 
dollars. 

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 
normal school fund and of the two technical educational 
funds, shall be expended in accordance with the provis- 
ions of the various acts relating thereto. 

Section 2. This act shall ta.ke efl'ect upon its passage. 

Approved February 26, 1885. 



1885. — Chapter 47. 535 

An Act to incorporate the nevins memorial, in the town of (JfiQ/n, 4.J 

METHUEN. 

Be it enacted, etc., as follows: 

Section 1. Eliza S. Nevins of Methuen, David Nev- corporators. 
ins of Fraraingham, and Henry C. Nevins, John H. 
Morse and Jacob Emerson of Methuen, all of Massachu- 
setts, their associates and successors, are hereby made a 
corporation by the name of Nevins Memorial, for the Name and pur- 

L •/ P0&6« 

purpose of establishing and maintaining in the town of 
Methuen an institution to aid in the promotion of educa- 
tion and the diffusion of knowledge by means of a library 
free to all the inhabitants of said town, a hall for lectures 
and public entertainments, and rooms for social meetings, 
and the collection and exhibition of works of art, with 
all the powers and privileges and subiect to all the duties, Powers and 

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. Said corporation may hold real and per- Real and per- 
sonal estate not exceeding three hundred thousand dollars exceediug '^ 
in value for the purposes for which it is organized ; and ^■'°°'°"''' 
all gifts, grants, devises and bequests thereto shall be held 
and used for such purposes and in conformity to the con- 
ditions upon which the same shall be made and given if 
such conditions are not inconsistent with the provisions of 
this act. 

Sections. The persons herein before named as cor- Board of 
porators, together with two persons to be elected by the 
town of Methuen, as hereinafter provided, shall constitute 
the board of trustees of said corporation. Said trustees 
shall have the entire management, control and direction 
of the affairs of said corporation and shall choose from 
their number a president and clerk, and may prescribe 
the duties of each, and from time to time may make such 
by-laws and regulations for the management of the insti- 
tution, its property and funds, and for the use of its build- 
ing and library, as they may deem best for carrying out 
the purposes thereof. 

Section 4. The number of the trustees shall not exceed Trustees not to 

OXCeCQ 6GVGD» 

seven, and two of them shall be elected, one for the term 
of two years and one for the term of one year, by the 
town of Methuen at its first annual meeting held after the 
passage of this act ; and thereafter one trustee shall be 
elected annually by the town for the term of two years. 



636 1885. — Chapters 48, 49, 50. 

Vacancies. Ally vacuiicy occurriiig at any time in the board of trus- 
tees shall be filled by appointment by the five trustees 
herein named and their successors, the trustees elected by 
the town having no voice therein. 

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

Approved February 26, 1885. 
Ghap. 48 An Act to determine the time of holding the law terms of 

THE SUPREME JUDICIAL COURT IN THE COUNTY OF WORCESTER. 

Be it enacted, etc., as follows: 

wTJ^tyoT"' Section 1. The terms of the supreme judicial court, 

Worcester. for entering and hearing questions of law, in the county 
of Worcester, shall be held at Worcester on the third 
Monday after the second Tuesday of September in each 
year. 
Repeal. SECTION 2. All acts and parts of acts inconsistent with 

this act are hereby repealed. 

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

Approved February 26, 1885. 

Chap. 49 -^N ^CT TO ESTABLISH THE SALARY OF THE STANDING JUSTICE OF 
THE MUNICIPAL COURT OF THE BRIGHTON DISTRICT OF THE CITY 
OF BOSTON. 

Be it enacted, etc., asfolloivs: 
iiBhJI^^^^^' Section 1. The annual salary of the standing justice 

of the municipal court of the Brighton District of the city 
ot Boston shall be sixteen hundred dollars. 

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

Approved February 26, 1885. 

GhClV. 50 "^^ ^^^ '^^ AUTHORIZE THE TOWN OF BRAINTREE TO PAY CERTAIN 

BOUNTIES. 

Be it enacted, etc., as follows : 

Bounties may be Section 1. Thc towu of Braintrcc is authorized to 
ai^^'diers?"''"" raise by taxation a sum of money not exceeding two hun- 
dred and fifty dollars, and appropriate the same to the 
payment of a bounty of one hundred and twenty-five 
dollars to each of the following soldiers : — Charles L. 
Holbrook and Edward Huff: provided, that said town 
shall not be re-imbursed by the Commonwealth for any 
money paid under authority of this act. 
To be paid to SECTION 2. If either of Said soldiers has died or shall 

laslr^f'deLtil of" die before he receives his bounty, it shall be paid to his 
soldier. widow, or, if he leaves no widow, to his lawful heirs. 

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

Approved February26, 1885. 



1885. — Chapters 51, 52, 53, 54. 537 

An Act to change the name of the society known as the (JJidj)^ ^\ 

CHURCH OK THE REDEEMER IN LEXINGTON. 

Be it enacted, etc., as follows: 

Section 1. The religious society known as the Church Name changed. 
of the Redeemer in Lexington shall hereafter be called 
and known as the Follen Church. 

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

Ajyyroved February 27, 18S5. 

An Act in relation to clerical assistance for the commis- fjhnj) 59 

SIGNERS OF PRISONS. 

Be it enacted, etc., as follows: 

Section 1. The commissioners of prisons may expend ciericii assist 

. , ' 1 ance for com- 

lor clerical assistance a sum not exceeding seventeen hun- minsionersof 
dred dollars annually. prisons. 

Section 2. So much of section thirty-nine of chapter Repeal. 
two hundred and nineteen of the Public Statutes as is in- 
consistent herewith is hereby repealed. 

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

Approved February 27, 1885. 

An Act to authorize the town of westport to construct nij^jry^ Kct 

A BRIDGE OVER THE EAST BRANCH OF WESTPORT RIVER. "' 

Be it enacted, etc., asfolloivs : 

Section 1. The selectmen of the town of Westport May construct 
may lay out a way, and said town may construct and main- WesfponRiver. 
tain a bridge over the east branch of Westport River, 
from Westport Point to Horse Neck Beach, both in said 
town, subject to the provisions of chapter nineteen of the 
Public Statutes. 

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

Approved February 27, 1885. 

An Act to authorize the trustees of the trinity church in Olirirf, P^A 

BRIDGEWATER TO TRANSFER ITS PROPERTY TO THE TRUSTEES OF 
DONATIONS TO THE PROTESTANT EPISCOPAL CHURCH, AND TO DIS- 
SOLVE SAID FIRST NAMED CORPORATION. 

Be it enacted, etc., as follows : 

Section 1. The Trustees of the Trinity Church in May convey 
Bridgewater, a corporation established by chapter two f/iXIw/ 
hundred and nineteen of the acts of the year eighteen proTestailt'' 
hundred and filty-six, is hereby authorized and empow- Episcopal 
ered to sell, transfer and convey unto the Trustees of Do- 



to the 
dona- 



538 



1885. — Chapteu 55. 



Corporation to 
be dissolved 
■when convey- 
ance has been 
made. 



Chap. 55 



Belmont Snvings 
Bank incorpo- 
rated. 



nations to the Protestant Episcopal Church, a corporation 
established by chapter ninety of the acts of the year 
eighteen hundred and ten, all the property both real, per- 
sonal and mixed, which said Trustees of the Trinity Church 
now holds or is in possession of, or which has been con- 
veyed or transferred to it ; the said Trustees of Donations 
to hold all said property upon the same terms, conditions 
and trusts as the said Trustees of the Trinity Church now 
holds the same, whether said terms, conditions and trusts 
are expressed in the deeds, assignments, gifts or bequests 
by which the said Trustees of the Trinity Church holds 
the same, or not. 

Section 2. Whenever the president and secretary of 
the Trustees of the Trinity Church in Bridgewater shall 
certify under oath to the secretary of the Commonwealth 
that the transfers and conveyances named in section one 
have been made by the Trustees of the Trinity Church 
aforesaid to the said Trustees of Donations, and that the 
same have been received and accepted by said Trustees 
of Donations, and that by reason thereof the said Trustees 
of Trinity Church hold no property, either real, personal 
or mixed, under its act of incorporation, the secretary of 
the Commonwealth shall make record of such certificate^ 
and thereupon the said corporation, the Trustees of Trin- 
ity Church in Bridgewater, shall be dissolved. 

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

Approved March 4, 1885. 

An Act to incorporate tbe belmont savings bank. 
Be it enacted^ etc., as follows : 

Section 1. J. Varnum Fletcher, Josiah H. Kendall, 
J. Henry Fletcher, Jacob Hittinger, William J. Under- 
wood, William E. Stowe, John Murray Brown, Thomas 
W. Davis, Winthrop L. Chenery, John C. Palfrey and 
Thomas D. Blake, their associates and successors, are 
hereby made a corporation by the name of the Belmont 
Savings Bank, to be located in the town of Belmont, with 
all the powers and privileges and subject to all the duties, 
liabilities and restrictions set forth in all general laws 
which now are or may hereafter be in force relating to 
savino:s banks and institutions for savings. 

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

Approved March 5, 1885. 



1885. — Chapters 56, 57. 539 

An Act to incorporate the north Middlesex savings bank. CJlCip. 5Q 
Be it enacted, etc., as follows : 

Section 1. Levi Wallace, Benj. H. Hartwell, Andrew North Middle- 
Atwood, Hewett C. Winslovv, Andrew Fairbank, Alfred Bankincorpo- 
Page, Oliver W. Mead, Thomas L. Hazen, Daniel W. 
Fletcher, James R. Gray, Harold E. Spaulding, Milo H. 
Shattuck, Gardner Prouty, their associates and successors, 
are hereby made a corporation by the name of the North 
Middlesex Savings Bank, to be located in the town of 
Ayer ; with all the powers and privileges, and subject to 
all the duties, liabilities and restrictions, set forth in all 
general laws which now are or may hereafter be in force 
relating to savings banks and institutions for savings. 
Section 2. This act shall take eifect npon its passage. 

Approved March 5, 1885. 

An Act to authorize the town of brookline to make annual (^Jirtqj 57 
appropriations for shade trees, shrubs or vines. "' 

Beit enacted, etc., as follows: 

Section 1. The town of Brookline may at an annual Town may 

1 • T /• 1 1 1 appropriate 

meetnig, by a vote of two-thirds of the legal voters money for shade 
present and voting thereon, appropriate a sum not ex- 
ceeding one dollar for each of its ratable polls in the pre- 
ceding year, to be expended by a committee of three to 
be chosen by ballot, in setting out and maintaining shade 
trees, shrubs or vines upon the public squares and high- 
ways of said town, or in premiums or in any other way 
which they may deem most effectual to encourage the 
planting of shade trees, shrubs or vines npon said public 
squares or highways by the owners of adjoining real es- 
tate, or upon said adjoining real estate, at a distance not 
exceeding twenty feet from said public squares or high- 
ways, for the purpose of shading or ornamenting the 
same. 

Section 2. Any appropriations made by said town in Limitation. 
pursuance of this act shall be in lieu of and not in addi- 
tion to the moneys which towns are allowed to ap- 
propriate by section twelve, chapter twenty-seven, and 
section nine, chapter fifty-four of the Public Statutes. 

Section 3. This act shall take effect upon its passage ; subject to ac- 
but shall become void unless accepted by two-thirds of two-twr'da vote. 
the voters of said town present and voting at an annual 
meeting within two years from the passage hereof. 

Approved March 5, 1885. 



MO 



1885. — Chapter 58. 



CliaV 58 ^^ ^^^ ^^ AUTHORIZE THE TOWN OF PLYMOUTH TO ISSUE SECURI- 
TIES TO RENEW ITS WATER LOAN. 



May issue water 
bonds. 



May sell securi- 
ties, or pledge 
the same for 
money borrow- 
•ed. 



May pay debt 
in annual 
payments. 



The return to 
Btate whether 
action has been 
talien, etc., 
under preceding 
section. 



Be it enacted^ etc., asfuUotvs: 

Sectiox 1. The town of Plymouth for the purpose of 
reuewing certain water bonds issued under the authority of 
chapter three hundred and tifty-one of the acts of the 
year eighteen hundred and fifty-four and of chapter sixty- 
one of the acts of the 3'ear eighteen hundred and fifty-five, 
and now becoming due, may issue bonds, notes or scrip to 
an amount not exceeding in the aggregate seventy thou- 
sand doUars ; such bonds, notes or scrip shall bear on the 
face thereof the words " Plymouth Water Loan, Act of 
1885 ; " shall be payable at the expiration of periods not 
exceeding thirty years from the first day of June in the 
year eighteen hundred and eighty- five ; shall bear interest 
payable semi-annually at a rate not exceeding six per 
centum per annum, and shall be signed by the treasurer 
and be countersigned by a majority of the board of select- 
men of the town. 

Section 2. The said town may sell such securities at 
public or private sale, or pledge the same for money bor- 
rowed for the purposes of this act, upon such terms and 
conditions as it may deem proper, provided that such 
securities shall not be sold or pledged at less than the par 
value thereof. 

Section 3. No such bonds, notes or scrip shall be 
issued unless the said town at the time of authorizing said 
loan, instead of providing a sinking fund, shall by a major- 
ity vote provide for the payment thereof in such annual 
proportionate payments, beginning with the year eighteen 
hundred and ninety, as will extinguish the same within 
the time prescribed in this act ; and when such vote has 
been passed the amount required thereby shall without 
further vote be assessed by the assessors of said town, in 
each year thereafter, until the debt incurred by said loan 
shall be extinguished, in the same manner as other taxes 
are assessed under the provisions of section thirty-four of 
chapter eleven of the Public Statutes. 

Section 4. The return required by section ninety-one 
of chapter eleven of the Public Statutes shall state whether 
action has been taken in accordance with the provisions of 
the preceding section and the amounts raised and applied 
thereunder for the current year. 

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

Approved March 6, 1885, 



1885. — Chapters 59, 60. 541 

An Act relativk to special judgments against bankrupt and OJiap. 59' 

INSOLVENT DEBTORS. 

Be it enacted, etc., as folloios: 

Section 1. When any property of a debtor has, more m^nuiiaufst 
than four months prior to the commencement of proceed- b-i'itruptand 
mgs m bankruptcy, or, in case ot voluntary proceedmgs debtors. 
in insolvency, more than four months prior to the time of 
the first publication of the notice of the issuing of the 
warrant, or, in case of Involuntary proceedings, more than 
four months prior to the time of the first publication of 
the notice of the filing of the petitiou, been attached, and 
when it shall be made to appear, by default or otherwise, 
that the plaintiff is entitled to judgment, except for such 
bankruptcy or insolvency of the debtor, the court may at 
any time upon motion enter a special judgment for the 
plaintiff, for the amount of his debt or damages and costs, 
to be enforced in the first instance only against the prop- 
erty so attached ; and if such property shall be insufiicient 
to satisfy the judgment in full, the court may thereafter, 
if the debtor's discharge shall be refused, or if he shall 
unreasonably delay to prosecute said proceedings to a dis- 
charge, order an alias or other successive execution to be 
issued upon such judgment for the amount thereof remain- 
ing unsatisfied, and the creditor may in case of such refusal 
or delay have a scire facias or action as provided in section 
seventeen of chapter one hundred and seventy-one of the 
Public Statutes. 

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

Approved March 6, 18S5. 

An Act to enable any city or town to lease its public (JJkxt). 60 
buildings or a part thereof to posts of the grand army ^ ' 

of tue republic. 

Be it enacted, etc., as follows : 

Section 1. Any cit}' or town is authorized to lease for Mayieasepubiic 
a period not exceeding five years to any post of the Grand postioTo! a. r. 
Army of the Republic, established in such city or town, 
to be used by such post solely for the purposes of its 
organization, any public building, or part thereof, belong- 
ing to such city or town, except school houses in actual 
use as such, on such terms as the board of aldermen of 
such city or the selectmen of such town may determine. 

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

Approved March 6, 1885. 



542 



18S5. — Chapter 61. 



Chap. 61 -^N Act concerning 



THE OVERSEERS OF THE POOR OF THE CITT 
OF SOMEKVILLE. 



Election of over, 
eeersofthepoor. 



Terra of office. 



Vacancies. 



Board to 
annually organ- 
ize and cVioose 
subordinate 
officers. 



Accounts and 
reports. 



Present over- 
seers to iiold 
office until 
others are 
elected. 



Repeal. 



Be it enacted, etc., as follows : 

Section 1. The city council of the city of Somerville 
shall, in the month of April in the current year, in joint 
convention, elect by ballot four persons, not more than 
one of whom shall be eligible from any one ward of the 
city, to be overseers of the poor in said city, one person 
for one year, one person for two years, one person for 
throe years and one person for four years ; and said coun- 
cil shall annually thereafter in the month of April in like 
manner elect one person to serve for four years. These 
persons so chosen shall, together with the mayor who 
shall ex officio be chairman of the board, constitute the 
board of overseers of the poor in said city of Somerville. 

Section 2. The members of said board shall enter 
upon their duties on the first Monday of May next after 
their election, and hold office until others are elected and 
qualified in their stead ; vacancies from any cause shall 
forthwith be filled by the city council in the same manner, 
and the person elected to fill any vacancy shall hold office 
during the unexpired term of the member who has ceased 
to hold office and until another is chosen and qualified in 
his stead. 

Section 3. Said board shall annually on the first 
Monday of May meet and organize and shall choose such 
subordinate officers and agents as they may deem expedi- 
ent, and defiue their duties. Any two of such subordinate 
offices may be filled by the same person. The salaries of 
such subordinate officers and agents shall be determined 
by the city council and paid out of the annual appropria- 
tion for the support of the poor ; but no member of the 
board shall be chosen by said board to any position of 
emolument nor receive any compensation for his services 
as overseer. 

Section 4. Said overseers shall render such accounts 
and reports of their expenditures, acts and doings as may 
be required by the city council. 

Section 5. The present overseers of the poor of the 
city of Somerville shall hold office until others are elected 
and qualified under the provisions of this act and no 
longer. 

Section 6. All acts and parts of acts inconsistent with 
this act are hereby repealed. 



1885. — Chapter 62. 543 

Section 7. This act shall take effect upon its accept- sn^Jf'ct to 
ance by the city council of the city of Somerville by con- cUy'^cou'Jidi/ 
current vote : provided, the same shall be accepted within 
sixty days from the date of its passage. 

Approved March 6, 1885. 



An Act to annex a part of the town of watektown to the 

CITY of CAMBRIDGE. 



Chap. 62 



Be it enacted, etc., as follows: 

Section 1. All that part of the town of Watertown Partofwater- 
€Outained within the line described as follows: — Begin- t°ca^b?id|e. 
ning at the intersection of the westerly line of Coolidge 
Avenue with the present boundary line between the town 
of Watertown and the city of Cambridge, thence running 
on said line of said avenue in a general southwesterly 
direction three thousand and fifty-four feet as measured on 
said line of said avenue, thence turning, crossing said 
avenue and running southerly bounded westerly by land 
of William W. Treat to the middle of the channel of Charles 
River five hundred feet, more or less, thence turning and 
running easterly by the middle of said channel about four- 
teen hundred and fifty feet to the boundary line between 
said Watertown and said Cambridge, thence turning and 
running on said last named boundary line in an irregular 
line in a general northerly direction to the point of begin- 
ning, — with all the inhabitants and estates therein, is 
hereb}^ set off from the town of Watertown and annexed 
to the city of Cambridge, and until a new division of 
wards in the city of Cambridge shall be and constitute a 
part of the first ward thereof. 

Section 2. The inhabitants of the territory hereby set Election of state 
off shall continue to be a part of Watertown for the pur- offioei'4"°re^pre. 
pose of electing state and county officers, members of the *""'"'"''*' ®'°- 
executive council, senators and representatives to the gen- 
eral court, electors of president and vice-president of the 
United States, and representatives to congress, until the 
next decennial census, or until another apportionment is 
made ; and the mayor and aldermen of Cambridge shall 
make a true list of the persons residing in said district, 
qualified to vote in such elections, post up the same in said 
territory, correct the same as required by law, and deliver 
the same to the selectmen of the town of Watertown seven 
days at least before any such election, and the same shall 



544 



1885. — Chapter 6l\ 



County and 
town ways. 



Cambridge to 
pay Watertown 

$15,000. 



Cambridge 
Cemetery Loan 
not to exceed 
$70,000. 



Sinking fuTid to 
be established. 



May pay debt 
in annual pro- 
portionate pay- 
ments. 



be used by the selectmen of Watertown for such elections 
in the same manner as if it had been prepared by the said 
selectmen. 

Section 3. The power to alter, straighten, widen and 
repaii- and grade the county and town ways in the terri- 
tory hereby annexed shall be vested in the city council of 
Cambridge. 

Section 4. The city of Cambridge shall within thirty 
days from the passage of this act pay to the town of 
Watertown the sum of fil'teen thousand dollars. 

Section 5. For the purpose of raising the sum to be 
paid under the preceding section, and of defraying the 
cost of the puichase of the territory hereby annexed, or 
any portion thei-eof, from the owners, and the expense of 
preparing: the said territory for burial purposes, the city 
of Camlnidge is hereby authorized to issue negotiable 
bonds to be denominated on the face thereof " Cambridge 
Cemeteiy Loan," to be signed by the treasurer and coun- 
tersigned by the mayor of said city, to an amount not 
exceeding seventy thousand dollai's, bearing interest not 
exceeding six percent, per annum, payable semi-annually, 
the principal to be paid at periods not more than twenty 
years from the respective issues of said bonds. The said 
city may sell such bonds, or any part thereof, from time 
to time, at public or private sale, 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 said city shall provide, at the time of con- 
tracting said loan, for the establishment of a sinking fund 
for the redemption of said bonds at maturity, and the pro- 
visions of the ninth, tenth and eleventh sections of chapter 
twenty-nine of the Public Statutes shall, so far as the same 
are applicable, a})ply to said fund. 

Section 6. The said city instead of establishing a 
sinking fund may, at the time of authorizing said loan, by 
concurrent vote of both branches of the city council, pro- 
vide for the payment theieof in such annual proportionate 
payments, beginning with the year eighteen hundred and 
ei<»hty-six, as will extinguish the same within the time 
prescribed in this act ; and when such vote has been passed 
the amount required thereby shall, without further vote, 
be assessed by the assessors of said city in each year 
thereafter, until the debt incun-ed by said loan shall be 
extincuished, in the same manner as other taxes are as- 



1885. — Chapters 63, 64, 65. 545 

sessed under the provisions of section thirty-four of chap- 
ter eleven of the Public Statutes. 

Section 7. The return required by section ninety-one ^^f/^'^J^^^^. 
of chapter eleven of the Public Statutes shall state the acnon has been 
amount of any sinking fund established under this act, ctding'^secuo^?' 
and, if none is established, whether action has been taken 
in accordance with the provisions of the preceding section, 
and the amounts raised and applied thereunder for the 
current 3'car. 

Section 8. This act shall take effect upon its passage. 

Approved 3Iarch 10, 1885. 

An Act to authorize the town of Randolph to pay certain CllCtp. 63 

BOUNTIES. 

Be it enacted, etc., as follows: 

Section 1. The town of Randolph is authorized to Maypayboun- 

T u certain 

raise by taxation a sum of money not exceedmg two hun- soldiers. 
dred dollars and appropriate the same to the payment of a 
bounty of one hundred dollars each to the following named 
soldiers: — Nelson E. Knight and James L. Curtis: pro- 
vided, that said town shall not be re-imbursed by the Com- 
monwealth for any money paid under the authority of this 
act. 

Section 2. If either of said soldiers has died or shall '^i'dow^o^'r heL 
die before he receives his bounty it shall be paid to his if soldier dies. 
widow or, if he leaves no widow, to his lawful heirs. 

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

Approved March 11, 1885. 

An Act to change the name of the society known as the (JJiajp, 64 

GRANTVILLE RELIGIOUS SOCIETY IN WELLESLEY. 

Be it enacted, etc., as folloios: 

Section 1. The society known as The Grantville Re- Name changed. 
ligious Society in Wellesley shall hereafter be called and 
known as the Wellesley Hills Congregational Society. 

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

Approved March 11, 1885. 

An Act to amend the charter of the city of springfield (JJiap. 65 

CONCERNING THE ELECTION OF ALDERMEN. 

Be it enacted, etc. , as follows : 

Section 1. The board of aldermen of the city of ^jij^ction^of 
Springfield shall consist of one citizen of each ward, elected 
at large by the qualified voters of the city voting in their 



5i6 1885. — Chapters 6G, 67. 

respective precincts, and the candidate from each ward 
who has the highest number of votes shall be dechired 
elected. 
Repeal. Section 2. All parts of the charter of the citj^ of 

Springfield or amendments thereto inconsistent herewith 
are hereby repealed. 
su^ectto Section 3. This act shall take effect upon its accept- 

■voters. ance by a majority of the qualified voters of the city of 

Springfield, present and voting in their respective pre- 
cincts, at the next municipal election following the passage 
of this act. Approved March 11, 1885. 

Ghap. 66 ^N Act to provide for the disposition of forfeited prop- 
erty WHICH HAS BEEN USED IN GAMING. 

Be it enacted, etc., as follows: 
Disposition of Section 1. Section nine of chapter two hundred and 
property used in twclvc of the PubHc Statutcs is amended so as to read as 
gaming. foUows : — If upon the trial the property is adjudged for- 

feit, the type, forms, press, wood-cuts, raw material, and 
mechanical apparatus described in the fourth clause of sec- 
tion two, and the raw material, tools, machinery, imple- 
ments, instruments and personal property described in the 
fifth clause of said section, and all fixtures, furniture and 
personal property described in the seventh clause of said 
section two, or so much thereof as the court or justice may 
order, shall be sold by the sheriff and the proceeds paid 
into the county treasury ; and the remainder of the prop- 
erty shall be burned or otherwise destroyed as the court 
or justice may order. Any article not found to have been 
unlawfully used or intended for unlawful use shall be de- 
livered to the owner. 
To apply to SECTION 2. The provisious of the preceding section 

EIidei'pls!j'2i2, shall apply to all property heretofore seized under the 
§2, ci. 7. seventh clause of section two of chapter two hundred and 

twelve of the Public Statutes. 

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

Approved Ilarch 11, 1885. 



Chap. 67 



An Act to provide for the abatement of dues or taxes for 

SCHOOL books. 

Be it enacted, etc. , as folloivs : 
Dues for school SECTION 1. AYhcu a collcctor of taxcs of a city or 
abaufd™''^ ^"^ town is Satisfied that any sum heretofore added to the an- 
nual tax of any parent, master or guardian, as or for the 



1885. — Chapters 68, 69. 547 

cost of books furnished under the provisions of section 
thirty- seven of chapter forty-four of the Public Statutes, 
•cannot be collected for any of the reasons set forth in sec- 
tion seventy-seven of chapter eleven of said statutes he 
may make such statements, and the assessors may make 
such abatements, as are provided for in said section of 
of chapter eleven, and the certificate of the assessors abat- 
ing such tax or any part thereof, shall discharge the col- 
lector from further obligation to collect the same. 

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

Approved March 11, 1885. 
An Act to change the name of the kod and gun club, of QJiaj}. 68 

SPRINGFIELD. 

Be it enacted, etc., as follows : 

Section 1. The name of The Rod and Gun Club, a Name changed. 
corporation located at Springfield and established under 
the laws of the Commonwealth, is changed to Winthrop 
€lub. 

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

Approved March 11, 1885. 
An Act to amend an act to authorize the county commis- QJir/j^ QQ 

SIONERS of BRISTOL COUNTY TO LAY OUT HIGHWAYS AND BUILD ^ ' 

BRIDGES ACROSS LEE'S RIVER AND COLE'S RIVER, IN THE TOWNS 
OF SOMERSET AND SWANZEY. 

Be it enacted, etc., as follows: 

Section one of chapter one hundred and sixty-six of the Bristol county 
acts of the year eighteen hundred and seventy-seven is mou,'}"[o'b^iid 
amended by striking out the word "provided" and the '"''^^*^^- 
words that follow it to the end of the section, and by add- 
ing in place thereof the following: — The county commis- 
sioners may borrow such sura or sums of money on the 
credit of the county of Bristol as may be necessary to 
carry into effect the provisions of said act, and they shall 
determine what cities and towns receive a particular or 
special benefit from the construction of such bridge or 
bridges, and assess upon them and also upon the county, 
the cost of construction, in such manner and in such pro- 
portions as they shall deem equitable and just. The cost ^^id"!^"""^^ °^ 
of repairing and maintaining said bridge or bridges shall be 
borne and paid by the cities and towns in said county, or 
by the county, in such manner and in such proportions as 



648 1885. — Chapters 70, 71. 

shall be determined by the county commissioners. Said 
commissioners, except as aforesaid, may proceed in the 
same manner as is now by law provided for laying out and 
constructing highways and collecting the costs thereof. 
Assespments for Xhc commissioHcrs may make assessments for betterments 
resulting from the construction of said highway, and bridge 
or bridges, in like manner and with the same effect that a 
board of town officers, authorized to lay out ways, may 
make such assessments, under the provisions of chapter 
fifty-one of the Public Statutes, in towns that have ac- 
cepted the provisions of chapter one hundred and sixty- 
nine of the acts of the year eighteen hundred and sixty-nine 
or of chapter three hundred and eighty-two of the acts of 
the year eighteen hundred and seventy-one. 

Approved March 11, 1885. 

CllCiV' 70 -^^ ^'^'^ "^^ AUTHORIZE THE COUNTY COMMISSIONERS OF PLYMOUTH 
COUNTY TO REMOVE AND REPAIR THE JAILER'S HOUSE, AND EN- 
LARGE THE JAIL AND HOUSE OF CORRECTION IN SAID COUNTY. 

Be it enacted, etc. , as folloivs : 
Plymouth Section 1. The county commissioners of the county of 

house of corre^- Plymouth are hereby authorized to remove and repair the 
enlaced. "^^ dwelling housc of the officer iu charge of the jail and house 
of correction at Plymouth, and to purchase land upon 
which to locate said house. They al^o may enlarge said 
jail and house of correction by the addition of ten cells. 
Mayhorrowand SECTION 2. Said commissioucrs may expend, for the 
expend $0,000. p^j-p^^j^gg named in section one of this act, a sum not ex- 
ceeding five thousand dollars, and may borrow said amount 
upon the credit of said county. 

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

.^^jproved March 11, 1885. 



Chap. 71 



An Act to prevent truancy. 

Be it enacted, etc., as follows: 

ppnaityfor Whocvcr, after notice from a truant officer to refrain 

IhUdto'trumicy. from SO doiug, offers a reward for service to any child in 
consequence of which reward such child is induced un- 
lawfully to absent himself from school, or whoever after 
notice as aforesaid in any manner entices or induces any 
child to truancy, or whoever knowingly employs or har- 
bors any unlawful absentee froni school, or truant, shall 



1885. — Chapters 72, 73, 74. 549 

forfeit not less than twenty nor more than fifty dollars to 
the use of the public schools of the city or town in which 
said offence occurs, to be recovered by complaint. 

Approved March 11, 1885. 

An Act to enable the northern baptist education society (Jhcip. 72 
TO hold additional funds. 

Be it enacted, etc., as follows: 

Section 1. The Northern Baptist Education Society, Mayhoidaddi- 

1 „., 1 tional real and 

created by chapter eighty-five of the acts of eighteen hun- personal estate. 
dred aud thirty, is hereby authorized to hold real and per- 
sonal property to an amount which, with the amount it is 
already authorized to hold, shall not exceed one hundred 
thousand dollars : provided, that not more than one- half 
of this amount shall be invested in real estate. 

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

Approved March 11, 1885. 

An Act forbidding the sale and use op opium for certain QIkxx). 73 

purposes. 

Be it enacted, etc., as follows : 

Any person who opens or maintains, to be resorted to Penalty on 

1.1 1 1 • i? 'j. persons main- 

by other persons, any place where opium or any oi its taimng or resort- 
preparations is sold or given away to be smoked at such 'vhure ophimir 
place, and any person who at such place sells or gives ^'^^^'^^'j'^*'*^^"'' 
away any opium or any of its preparations to be there 
smoked or otherwise used, and any person who visits or 
resorts to any such place for the purpose of smoking 
opium or any of its preparations, shall be punished by a 
fine not exceeding five hundred dollars, or by imprison- 
ment in the house of correction not exceeding six mouths, 
or by both such fine and imprisonment. 

Approved March 11, 1885. 
An Act to incorporate the locks pond reservoir company (Jha'p. 74 

OF MONTAGUE. 

Be it enacted, etc., as follows : 

Section I. Francis A. Rugg, Thomas F. Harrington, corporators. 
William H. Nims, Augustus Dike, Myron Maynard, Gil- 
man N. Watson, Alvin J. Moore and Sanford S. Graves, 
their associates and successors, are hereby made a corpo- 



550 1885. — Chapters 75, 76. 

Name and pur- ratioii by the iiame of Locks Pond Reservoir CompanVr 
for the purpose of creating and maintaining a supply of 
water and water power to use or to sell, or to lease to 
other corporations or persons to use for manufieturing 

Powers and and mechauical purposes; with all the powers and priv- 

dunes. ileges and subject to all the duties, restrictions and liabil- 

ities set forth in all general laws which now are or may 
hereafter be in force applicable to such corporations. 

May construct SECTION 2. The Said Corporation for the purposes 

and maintain a „ 'iiiii j , , i •,• 

dam. aroresaid shall have power to construct and maintain a 

dam at the outlet of Locks Pond on Saw Mill River in the 
town of Shutesbury, at or near the place of the present 
dam, at a height not exceeding that of the present dam, 
and to conduct the waters of said pond into said Saw Mill 
River for the supplying of mills situated on said river. 
Real estate, SECTION 3. The Said corporatiou may, for the purposes- 

shares.* °^ '^" set forth in this act, hold real estate not exceeding in 
amount live thousand dollars ; and the whole capital stock 
of said corporation shall not exceed five thousand dollars, 
to be divided into shares of one hundred dollars each. 
Section 4. This act shall take effect upon its passage. 

Approved March 12, 1885. 

ChciT). 75 ^^ ^^^ "^^ PROVIDE FOR TUE SERVICE OF PROCESSES IN FAVOR 

OF OR AGAINST SHERIFFS. 

Be it enacted, etc., as follows : 
Process in favor SECTION 1. A Writ or othcr proccss which is sued out 

or against a . » 

sherifr, tobe in favor of or against a sheriff shall be served or executed 

servcfl by a i . i i • ny ^ , ^ • if r- t • • 

sheriff, etc., of Dy the sheriii or a deputy sherin or an adjoining county. 
couiuy"^ Section 2. Section twenty of chapter twenty-five of 

Repeal. the Public Statutcs is repealed. 

Approved March 12, 1885. 

CllCLV 76 ^^ ^^^ RELATING TO DEPOSITS REMAINING UNCALLED FOR IN THE 
EMIGRANT SAVINGS BANK IN THE CITY OF BOSTON. 

Be it enacted, etc., as folloios: 

Deposits Section 1. The supreme judicial court upon report 

""^be'pai'.i'info made to it by the Emigrant Savings Bank, a corporation 



u^'ry uncfer'^^r' locatcd in Bostou, of the names and residences, when 

court "'^^'^^ known, of such of its depositors as are entitled to any 

money remaining uncalled for in its possession, and the 

amount due to each, and after such notice, if any, to said 

depositors as it deems expedient, may order such amounts 



1885. — Chapters 77, 78. 551 

to be paid into the treasury of the Commonwealth with the 
same effect as it said deposit had been ordered in con- 
formity with the provisions of section one of chapter two 
hundred and fifty-eight of acts of eighteen hundred and 
eighty-three. Schedules signed by the treasurer of said 
bank shall be at the same time deposited with the treas- 
urer and the auditor of the Commonwealth, setting forth 
the decree of the court, and the names and residences, so 
for as known, of such depositors arranged in alphabetical 
order, and the amount due to each. The duties of said 
bank in relation to its books and papers, and the duties of 
the treasurer and the auditor of the Commonwealth and 
of the commissioners of savings banks, in relation to pro- 
ceedings under this act, shall be the same as those set 
forth in the statutes relating to the disposition of unclaimed 
money in the hands of receivers of insolvent savings 
banks. 

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

Approved March 12, 1885. 
An Act to establish the salary of the private secretary njiQj) 77 

OF THE governor. 

Be it enacted, etc., as folloivs : 

Section 1. The salary of the private secretary of the Salary 
governor, beginning with the first day of January eighteen 
hundred and eighty-five, shall be two thousand dollars per 
annum. 

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

Approved March 13, 1885. 

An Act to authorize the essex county building company to QIkxt). 78 
purchase a certain lot of land in salem. 

Be it enacted, etc., asfoUoios: 

Section 1. The Essex County Building Company, lo- May purchase 
cated in the city of Salem, may purchase and hold in fee 
simple, subject to the provisions of its charter, a certain 
lot of land with the buildings thereon, situated on Essex 
Street, Salem, and bounded and described as follows: — 

A certain parcel of land with the buildings thereon situ- Description 
ate, containing forty-one hundred and forty square feet, 
bounded and described as follows, to wit: — Beginning at 
the south-easterly corner at land of Northey on Essex 
Street, and thence running westerly by said street thirty- 



land in Salem 



the land. 



552 1885. — Chapters 79, 80. 

nine feet six inches to land of Kinsman ; thence northerly 
ninety-four feet six inches to land of Rea ; thence easterly 
by said Rca's land sixty-two feet six inches to Washington 
Street ; thence southerly by Washington Street twenty- 
two feet four inches to land of Nourse ; thence westerly 
twenty-four feet four inches by said Nourse's land ; thence 
southerly by land of said Nourse and said Northey seventy 
feet six inches to the point of beginning. 

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

Approved March 13, 1885. 

Chap. 79 ^N Act to establish the salary of the justice ok the mu- 
nicipal COURT OF THE DORCHESTER DISTRICT OF THE CITY OF 
BOSTON, AND TO PROVIDE A CLERK FOR SAID COURT. 

Be it enacted, etc., asfolloios: 

jSce.°^ Section 1. The annual salary of the justice of the mu- 

nicipal court of the Dorchester district of the city of Bos- 
ton shall be sixteen hundred dollars. 

JpSnted^ Section 2. There shall be a clerk of said court, who 

shall be appointed in accordance with the provisions of law 
relating to the appointment of clerks of police and district 
courts, who shall enter upon his duties on the first day of 
May in the year eighteen hundred and eighty-five. 

cie'i^k^"^^^^ Section 3. Said clerk shall receive from the county of 

Suffolk an annual salary of six hundred dollars. 

apjifcabie.'^"^^ Section 4. Said clerk shall be subject to all the pro- 
visions of law applicable to clerks of police and district 
courts. 

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

Approved March 16, 1885. 

Chap. 80 A^ ^^"^ ^O DISSOLVE THE HORTICULTURAL SCHOOL FOR WOMEN. 

Be it enacted, etc., as follows : 

Corporation dis- Section 1. The Horticultural School for Women, a 
corporation created in the year eighteen hundred and sev- 
enty-one under the provisions of the thirty-second chapter 
of the General Statutes, is hereby dissolved ; but such 
corporation shall nevertheless be continued as a body cor- 
porate for the term of three years after the passage of this 
act for the purposes named in section forty-one of chapter 
one hundred and five of the Public Statutes. 

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

Approved March 16, 1885. 



1885. — Chapters 81, 82. 553 



An Act to puovide for the disposition of the pkoperty of (JJiq n. 81 

THE corporation KNOWN AS THE MISSION PARK ASSOCIATION. 

Be it enacted, etc. , as follows : 

Section 1. The next annual meeting of the Mission 7",''*'^"''^^™^^'' 
Paik Association, incorpoiatcd and organized by and under chiipei of wii- 
chapter five of the acts of the ^ear eighteen hundred and da^Lx't p7e'' °" 
fifty-seven, entitled " An Act to incorporate the Mission alit'imicom. 
Park Association," shall be held in the chapel of Williams menccmem. 
College at Williamstown at ten o'clock in the forenoon of 
the day next preceding the next annual commencement of 
Williams College. Said meeting shall be notified by a call 
signed by Mark Hopkins or by Franklin Carter or by any 
justice of the peace and published at least twice in some 
daily newspaper published in each of the cities of Boston 
and New York, the last publication to be at least three 
weeks prior to the day of said meeting. Said meeting 
shall be called to order by Mark Hopkins, or by any jus- 
tice of the peace. 

Section 2. The said Mission Park Association may Association may 
constitute and authorize an agent to convey to the presi- college in trust 
dent and trustees of Williams College the real estate con- f'JrmliJ.^y'hei.i by 
veyed to the said Mission Park Association by Charles ^h^-'J^'es stod- 
Stoddard on the nineteenth day of September in the year 
eighteen hundred and fifty-nine, to be held by the said 
president and trustees in trust for the purposes mentioned 
in said act of incorporation, and upon the completion and 
acceptance of such conveyance the said president and trus- 
tees of Williams College shall succeed to the powers and 
privileges ctmferred and be subject to the liabilities and 
restrictions imposed by said act upon the said Mission 
Park Association. 

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

Approved MarcJi 16, 1885. 

An Act to supply the town of Norwood A\aTH water. Chap. 82 
Be it enacted, etc., as folloivs : 

Section 1. The town of Norwood may supply itself w^'tjr supply 
and its inhabitants with water for the extinguishment of 
fires and for domestic and other purposes ; may establish 
fountains and hydrants, re-locate or discontinue the same, 
may regulate the use of such water, and fix and collect 
rates to be paid for the use of the same. 



554 



1885. — Chapter 82. 



Mny take waters 
of Biickraaster 
Pond and of 
Foundry or 
Colbuni's 
Brook. 



May erect dams 
and other 
Btructures. 



May lay down 
pipes and 
conduits. 



Description of 
land, etc., taken, 
to be recorded in 
registry of deeds 
witbin sixty 
days. 



Liability for 
damages. 



Section 2. The said town for the purposes aforesaid 
may take, by purchase or otherwise, and hold the waters 
of Buckraaster Pond and of Foundry or Colburn's Brook, 
in the town of Dedham, and the waters which flow into 
and from the same, together with any water rights con- 
nected 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 Norwood, and may erect on the land thus taken 
or held proper dams, buildings, fixtures and other struct- 
ures, and may make excavations, procure and operate 
machinery, and provide such other means and appliances 
as may be necessary for the establishment and maintenance 
of complete and eflective water works ; and may construct 
and lay down conduits, pipes and other works under or 
over any lands, water courses, railroads or public or pri- 
vate ways, and along any such way, in such manner as 
not unnecessarily to obstruct the same ; and for the pur- 
pose of constructing, maintaining and repairing such con- 
duits, pipes and other works, and for all proper purposes 
of this act, said town 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 town shall, within sixty days after 
the taking of any lands, rights of \Vay, water rights, water 
sources or easements as aforesaid, otherwise than by pur- 
chase, file and cause to be recorded in the registry of deeds 
for the county within which such lands or other property 
are situated, a description thereof sufficiently accurate for 
identification, with a statement of the purpose for which 
the same were taken, signed by the water commissioners 
hereinafter provided for. 

Section 4. The said town shall pay all damages sus- 
tained by any person or corporation in property by the 
taking of any land, right of way, water, w^ater source, 
water right or easement, or by any other thing done by 
said town under the authority of this act. Any person or 
corporation sustaining damages as aforesaid under this act 
who fiils to agree with said town as to the amount of 
damages sustained, may have the damages assessed and 
determined in the manner provided by law when land is 
taken for the laying out of highways, on application at any 



1885. — Chapter 82. 555 

time within the period of three years from the taking of 

sucli land or other property, or the doing of other injury, 

under the authority of. this act; but no such ap[)lication 

shall be made after the expiration of said three years. 

No application for assessment of damages shall be made Application not 

for the taking of any water, water right, or for any injury d^ma^s'lTuur 

thereto, until the water is actually withdrawn or diverted water is acuuiiiy 

QtvertGu. 

by said town under the authority of this act. 

Section 5. The said town may, for the purpose of Norwood water 
paj'ing the necessary expenses ana liabilities incurred exceed $-5,000. 
under the provisions of this act, issue from time to time 
bonds, notes or scrip, to an amount not exceeding in the 
aggregate seventy-five thousand dollars ; such bonds, notes 
and scrip shall bear on their face the words " Norwood 
Water Loan ;" shall be payable at the expiration of periods 
not exceeding thirty years from the date of issue ; shall 
bear interest payable semi-annually, at a rate not exceed- 
ing six per centum per annum, and shall be signed by the 
treasurer of the town, and be countersigned by the water 
commissioners hereinafter provided for. The said town 
may sell such securities at public or private sale, or pledge May seii securi- 
the same for money borrowed for the purposes of this act, gamrfor''rao'ney^ 
upon such terms and conditions as it may deem proper, tor'owed. 
The said town shall provide, at the time of contracting 
said loan, for the establishment of a sinking fund, and Siuiung fund to 
shall annually contribute to such fund a sum sufficient, 
with the accumulations thereof, to pay the principal of said 
loan at maturit}^ The said sinking fund shall remain in- 
violate and pledged to the payment of said loan, and shall 
be used for no other purpose. 

Section 6. The said town instead of establishing a May pay loan in 
sinking fund "may, at the time of authorizing said loan, u,''natepay'?°'" 
provide for the payment thereof in such annual propor- ^lents. 
tionate payments as will extinguish the same witliin the 
time prescribed in this act ; and when such vote has been 
passed, the amount required thereby shall without further 
vote be assessed by the assessors of said town in each 
year thereafter, until the debt incurred by said loan shall 
be extinguished, in the same manner as other taxes are 
assessed under the provisions of section thirty-four of 
chapter eleven of the Public Statutes. 

Section 7. The return required by section ninety-one RHumto^tate 
of chapter eleven of the Public Statutes shall state the f"gfundfet'c?^' 
amount of any sinking fund established under this act, 



556 



1885. — Chapter 82. 



Town to r,aiM> 
annually sufli- 
•cient lo pay lu 
rent esponscs 
and interest. 



May contract 
with Dedhiitn 
Water Com i)any 
for a supply of 
water. 



Penalty for 
diverting or 
•corrupting 
water. 



Water commis- 
sioners to be 
elected. 



Powers and 
duties of com- 
missioners. 



and if none is established whether action has been taken 
in accordance with the provisions of the precedini^ sec- 
tion, and the amounts raised and applied thereunder for 
the current year. 

Section 8. The said town shall raise annually by 
taxation a sum which, with the income derived from the 
water rates will be sufficient to pay the current annual 
expenses of operating its water works, and the interest as 
it accrues on the bonds, notes and scrip issued as afore- 
said by said town, and to make such contributions to the 
sinking fund and payments on the principal as may be 
required under the provisions of this act. 

Section 9. The said town may contract with the 
Dedham Water Company for a supply of water necessary 
for the purposes of this act, on such terms as may be 
agreed upon between said town and said corporation ; 
and said Dedham Water Company is authorized to con- 
tract for and furnish, from its water supply, water to 
said town, and to make the necessary connections of its 
conduits or pipes with the conduits or pipes of the said 
town : provided, that nothing herein contained shall be 
construed to compel the said corporation to make such 
connections or to furnish said water. 

Section 10. Whoever wilfully or wantonly corrupts, 
pollutes or diverts any of the waters taken or held under 
this act, or injures any structure, work or other property 
owned, held or used by said town under the authority and 
for the purposes of this act, shall forfeit and pay to said 
town three times the amount of damages assessed there- 
for, to be recovered in an action of tort ; and upon con- 
viction of either of the above wilful or wanton acts shall 
be punished by a tine not exceeding three hundred dollars 
or by imprisonment not exceeding one year. 

Section 11. The said town shall, after its acceptance 
of this act, at a legal meeting called for the purpose, elect 
by ballot three persons to hold office, one until the ex- 
piration of three years, one until the expiration of two 
years, and one until the expiration of one year from the 
next succeeding annual town meeting, to constitute a 
board of water commissioners ; and at each annual town 
meeting thereafter, one such commissioner shall be elected 
by ballot for the term of three years. All the authority 
granted to the said town by this act, and not otherwise 
specitically provided for, shall be vested in said board of 



1885. — Chapters 83, 8i. 557 

water commissioners, who shall be subject, however, to 
such instructions, rules and regulations as said town may 
impose by its vote ; the said commissioners shall be trus- 
tees of the sinking fund herein provided for, and a 
majority of said commissioners shiUl constitute a quorum 
for the transaction of business relative both to the water 
works and to the sinking fund. Any vacancy occurring vacancies in 
in said board from any cause may be tilled for the re- 
mainder of the unexpired term by said town at any legal 
town meeting called for the purpose. 

Section 12. This act shall take effect upon its accept- Suhjoctto 

ci accL-ptance by a 

ance by a two-thirds vote of the voters of said town, two-thirds vote 
present and voting thereon at a legal town meeting called ° '^ °^"' 
for the purpose, within three years from its passage ; but 
the number of meetings so called in any year shall not 
exceed three. Approved March 18, 1885. 

An Act RELATiNa to the signing and kecording of licenses (JJicuj, 83 

FOR THE SALE OF INTOXICATING LIQUORS IN THE CITY OF BOSTON. 

Be it enacted, etc., as foUoivs: 

Section 1. The police commissioners, instead of the poUce commis- 
mayor and city clerk of the city cf Boston, shall exercise a,;:r;rule Mquor 
the powers and perform the duties jiiven to and imposed i^'-'isfs to be 

•1 1- • ^' /.I recorded. 

upon said mayor and city c'erk by section nve of chapter 
one hundred of the Public Statutes relating to the signing 
of licenses for the sale of intoxicating liquors; and said 
licenses together wii h all licenses as hotel keepers or com- 
mon victuallers shall be recorded in the otiice of the said 
commissioners instead of the office of said city clerk. 
Section 2. This act shall take effect upon its passage. 

Approved March 19, 1885. 

An Act to incorporate the peoples savings bank in holyoke. f^jf^y^ QA. 
Be it enacted, etc., as JoUoivs : 

Section 1. Anderson Allyn, Moses Newton, James peoples savings 
E. Delaney, Fn-derick Taylor, James KaniMge, John E. |J;;^"k incorpora- 
Clark, John Tilley, their associates and successors, are 
hereby made a corporation by the name of the Peoples 
Savings Bank, to be located in the city of Holyoke, with 
all the powers and privileges, and sulgect to all the duties, 
restrictions and lial)ilities, set forth in all general laws 
which now are or may hereafter be in force, applicable to 
Institutions for savings. 

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

Approved March 19, 1885. 



558 



1885. — Chapter 85. 



Commjssiorors 
may allow sys- 
tem of interliick- 
iiig or automatic 
fiigiials at rail- 
roads crossing 
at grade. 



Expense of 
establishing 
eignals. 



Chan. 85 ^^ act relating to interlocking ok automatic signals at 

RAILUOAU crossings. 

Be it enacted^ etc.^ as follows: 

Section 1. The board of railroad commissioners may, 
on the application of any raih'oad corporation whos« road 
crosses another raihoad at the same level, after due notice 
and hearing of the parties, authorize the applicant to 
establish and maintain a system of interlocking or auto- 
matic signals, at any crossing of said roads, at its own 
expense, and erect and maintain the necessary wires, 
rods, signal posts and signals, in such manner as the 
board shall prescribe. And when such system is estali- 
lished, and has obtained the written approval of said 
board, the corporation establishing the same, and its rail- 
road, shall be excepted, as to that crossing, from the pro- 
visions of section one hundred and sixty-one of chapter 
one hundred and twelve of the Public Statutes, so long 
as the railroad commissioners shall continue their ap- 
proval. 

Section 2. Whenever, after the establishment and 
approval of such system of signals, the party owning or 
operating said other railroad at such crossing shall have 
paid to the corporation by which said signals were estab- 
lished such part of the cost of establishing the same as 
shall, after hearing on petition of the party owning or 
operating said other railroad, be awarded by the board of 
railroad commissioners, both railroads shall be excepted, 
as to that crossing, as provided in section one, from the 
provisions of section one hundred and sixty-one of chap- 
ter one hundred and twelve of the Public Statutes. 
Until such payment said other raihoad corporation shall 
contribute toward the expense of operating said signals, in 
semi-annual payments, a sum equal to the cost to it of 
operating the signals used by it at said crossing before the 
establishment of the signals herein provided for. After 
payment of the award aforesaid the expense of maintain- 
ing and operating the same shall be borne by the two 
railroad corporations according to the proportions lixed 
by the award for paying the original cost of the signals. 
And said award, so far as it relates to the cost of main- 
taining and operating said signals, may, at the request of 
either party, be revised after an interval of five years 
from the original award or from the award next preceding 
such request. Approved March 19, 18S5. 



Expense of ope- 
rating signals. 



Revisal of award 
after an interval 
of five years. 



1885. — CiiAPTEKs 86, 87. 559 



An Act to provide a place for temporary detention and ('Lf^,.^ Q(; 

REMOVAL TIIEKETO OF A PART OF TUE INMATES OF THE LYMAN ^ 

SCHOOL FOR BOYS. 

Be it enacted, etc., as fulloivs : 

Section 1. The trustees of the state primary and wniowPark 
reform schools, with the anprovul or the governor and t'ltomijoiiiry 

., , , ji-1^1 1 ji flotetition of in- 

couiicil, are hereby auinoriZ(Kl to lease and prepare the niates ot Lyman 
land and buildings in the north-westerly part of the town ''^^""i f"'" ^^^i «• 
■of Westborough, known as Willow Park, for the tem- 
porary detention and accommodation of such of the pres- 
ent inmates of the Lyman school for boys, and of such 
boys hereafter committed to said school, as cannot be pro- 
vided for in the buildings now belonging to said school in 
Westborough ; and when the said lands and buildings 
shall have been leased and prepaied as above provided, 
the governor may order the removal thereto of such 
inmates of the Lyman school for boys as said trustees 
may designate, and shall declare said lands and buildings 
to he, until otherwise ordered, a part of the Lyman school 
for boys, and from the issuance of said order and until 
accommodations shall be provided elsewhere, all laws 
relating to said school shall be in force in relation to that 
part of school established in the buildings aforesaid, 
iind the inmates removed thereto, as above provided, shall 
be there held according to their original and respective 
sentences to said school. 

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

Approved March 20, 18S5. 
An Act to establish the salary of the first clerk in the QJjQn^ 87 

OFFICE OF THE SECRETARY OF THE COMMONWEALTH. 

Be it enacted, etc., asfoUoivs: 

Section 1. The salary of the first clerk in the office s.-nary csiab- 
of the secretary of the Commonwealth, beginning with 
the first day of January eighteen hundred and eighty-five, 
shall be two thousand dollars per annum, and at the same 
rate for any portion of a year. 

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

Approved llarch 20, 1885. 



560 1885. — Chapters 88, 89, 90. 

Chcip. 88 -^N Act to change the name of the board of trustees of 

THE PERKINS STREET METHODIST EPISCOPAL CHURCH OF CHIC- 
OPEE. 

Be it enacted, etc., as folloios: 
Name changed. SECTION 1. The name of the board of trustees of the 
Perkins Street Methodist Episcopal Church of Chicopee, 
a religious society incorporated under the general laws of 
the Commonwealth in the year eighteen hundred and 
seventy-four is changed to The Trustees of the Central 
Methodist Episcopal Church of Chicopee. 

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

Approved March 20, 1883. 

Chan. 89 ^^ Act to incorporate the waltham hospital. 

Be it enacted, etc., as follows: 

TiK. waiiham Frederick M. Stone, Alfred M. Goodall, Timothy 
i...r.a«'i. " Leary, Rufus Warren, Charles Dix, their a.-ssociates and 
successors, are hereby made a corporation by the name of 
The Waltham Hospital, for the purpose of establi8hing 
and maintaining a hospital in the city of Waltham for the 
care and treatment of sick and disabled persons ; with all 
the powers and privileges and subject to all the duties, 
restrictions and liabilities set forth in the general lavvs 
which now are or may hereafter be in force relating to 
such corporations ; and for the purposes aforesaid said 
corporation may hold real and personal property not 
exceediuff one hundred thousand dollars in value. 

Approved March 20, 1885. 

Chav. 90 -^^ ^^'^ "^^ prohibit the sale of spirituous or intoxicating 
liquors between the hours of eleven at night and six in 

THE morning. 

Be it enacted, etc., as folloios: 

Intoxicating SECTION 1. The sccoud condition of section nine of 

ioid^bJtwee^n^" chaptcr ouc hundred of the Public Statutes is amended by 

a"nigh"t'a''nd'six strildug out thc woi'd "twelve" in the second line of 

in thS morning, said couditlon, aud insertinof in place thereof the word 

except etc* 

" eleven," so that said second condition shall read as 
follows : — 

Second, That no sale of spirituous or intoxicating liquor 
shall be made between the hours of eleven at nijjht and 



1885. — Chapters 91, 92. 561 

six in the raorniug ; nor during the Lord's day, except ^°*\^\8fr* 
that if the licensee is also licensed as an innholder he may 
supply such liquor to guests who have resorted to his 
house for food or lodging. 

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

Approved March 20, 1885. 

An Act relating to proceedings before county commissioners (JJidp, 91 

AT OTHER TIMES THAN AT REGULAR MEETINGS. 

Be it enacted, etc., as foUoivs: 

Section 1. Section twenty-six of chapter twenty-two May, severally, 
of the Public Statutes is amended so as to read as fol- petitions, etc. 
lows: — The commissioners severally, excepting special 
commissioners, may at other times than at regular meet- 
ings receive petitions relating to railroads or to matters in- 
which the county has no interest, and may take recog- 
nizances thereon, and on such petitions and on similar ' 
petitions entered at a regular meeting and pending before 
them the commissioners or the chairman of the board may Hearings at 
at other times than at regular meetings appoint times for at regu^rmeet^ 
hearing the parties and acting thereon, and may direct *°^®' 
proper notices to be given to persons interested. 

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

Ap2voved March 24, 1885. 

An Act authorizing the use of copies of the records, books (JJidrf 92 

AND accounts OF SAVINGS BANKS IN EVIDENCE. 

Be it enacted, etc., as follows: 

Copies from the records, books and accounts of a sav- copies from 
ings bank and institution for savings, incorporated under sworn Vbe'fore 
the laws of this Commonwealth, shall be competent evi- be'^competent '° 
dence in all cases equally with the originals thereof, if evidence. 
there is annexed to such copies an affidavit taken before a 
clerk of a court of record, or notary public, under the seal 
of such court or notary public, setting forth that the affiant 
is the officer having: charge of the original records, books 
and accounts and that such copy is true and correct and is 
full so far as it relates to the subject matter therein re- 
ferred to. Approved March 24, 1885. 



562 



1885. — Chapters 93, 94, 95. 



GhCLT) 93 ^^ ^^^ ^^ EXTEND THE CUARTEtl OF THE REAL ESTATE AND 

BUILDING COMPANY. 



Charter 
extended. 



Powers and 
duties. 



Chajp 



Be it enacted, etc., as follows: 

The Real Estate and Building Company, incorporated 
by chapter twenty-two of the acts of eighteen hundred 
and sixty-one, the charter of which was extended by 
chapter forty-three of the acts of eighteen hundred and 
eighty, shall be and remain a corporation for a further 
term of ten years after the expiration of its present char- 
ter, and shall, during said further term, have the powers 
and privileges, and be subject to the duties, liabilities and 
restrictions, set forth in its charter and in all general laws 
which are or may be in force relating to such corpora- 
tions, except that nothing herein contained shall be so 
construed as to grant said corporation authority to pur- 
chase additional land. Approved March 24, 1885. 



94 -^N Act relative to the employment of prisoners in the 

REFORMATORY PRISON FOR WOMEN, AND TO THE ESCAPE OP 
PRISONERS FROM SAID PRISON OR LAND APPURTENANT THERETO. 



Employment of 
prisoners. 



Penalty for 
escape. 



Jurisdiction. 



Chap. 95 



Water supply 
for Canton. 



Be it enacted, etc., cts folloivs : 

Section 1. The superintendent of the Reformatory 
Prison for Women may employ upon the lands appurte- 
nant to said prison, or in any building situated upon said 
land, any prisoner held in said prison. 

Section 2. Whoever, being held in said prison, 
escapes or attempts to escape therefrom, or being taken 
from said prison for any purpose escapes or attempts to 
escape from the land appurtenant to said prison, shall be 
punished by imprisonment in said prison or in the house 
of correction within the county of Middlesex not exceed- 
ing two years. 

Section 3. The first district court of Southern Middle- 
sex shall have jurisdiction concurrent with the superior 
court of offences arising under this act. 

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

Approved March 24, 1885. 

An Act to supply the town of canton with water. 

Be it enacted, etc., as follows: 

Section 1. The town of Canton may supply itself and 
its inhabitants with water for the extinguishment of fires 
and for domestic and other purposes ; may establish fount- 



1885. — Chapter 95. 563 

ains and hydrants, re-locate or discontinue tlie same, 
may regulate the use of such water, and fix and collect 
rates to be paid for the use of the same. 

Section 2. The said town for the purposes aforesaid '""o^" may take 

i 1 waters of Beaver 

may take, by purchase or otherwise, and hold the waters Hoie Meadow 

of Beaver Hole Meadow Brook, at any point in its course 

within the towns of Sharon or Canton, and of Knowles' 

Brook, so called, being one of the tributaries of the east 

branch of the Neponset River, at any point in its course 

within the towns of Stoughton or Canton, 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 Canton, and may erect on the land May erect dams 

, 111 -I 1 -IT ' 1 and Other Btruct- 

thus taken or held proper dams, buildings, faxtures and ures. 
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 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 same ; 
and for the purpose of constructing, maintaining and 
repairing such conduits, pipes and other works, and for 
all proper purposes of this act, said town may dig up any May dig up 
such lands, and, under the direction of the board of ^'*°'^*' 
selectmen of the town in which any such ways are situ- 
ated, may enter upon and dig up any such ways, in such 
manner as to cause the least hindrance to public travel on 
such ways. 

Section 3. The said town shall, within sixty days a description 
after the taking of any lands, rights of way, water rights, ^kenlo bfiiied 
water sources or easements as aforesaid, otherwise than '*"'^ recorded in 

1 I /• 1 1 T T • I registry of 

by purchase, nle and cause to be recorded, in the registry deeds. 
of deeds for the county within which such lands or other 
property are situated, a description thereof, sufficiently 
accurate for identification, with a statement of the purpose 
for which the same were taken, signed by the water com- 
missioners hereinafter provided for. 

Section 4. The said town shall pay all damages sus- Damages to be 
tained by any person or corporation in property by the t'own!'^"'^ 
taking of any land, right of way, water, water source, 
water right or easement, or by any other thing done by 



564 



1885. — Chapter 95. 



Application for 
damages not to 
be made until 
water is actually 
diverted. 



Canton Water 
Loan. 



Sinking fund to 
be established. 



May provide for 
annual propor- 
tionate pay- 
ments instead 
of establishing 
sinking fund. 



said town under the authority of this act. Any person 
or corporation sustaining damages as aforesaid under this 
act, wlio fails to agree with said town as to the amount of 
damages sustained, may have the damages assessed and 
determined in the manner provided by law when land is 
taken for the laying out of highways, on application at 
any time within the period of three years from the taking 
of such land or other property, or the doing of other 
injury, under the authority of this act; but no such appli- 
cation shall be made after the expiration of said three 
years. No application for assessment of damages shall be 
made for the taking of any water, water right, or for any 
injury thereto, until the water is actually withdrawn or 
diverted by said town under the authority of this act. 

Section 5. The said town may, for the purpose of 
paying the necessary expenses and liabilities incurred 
under the provisions of this act, issue from time to time 
bonds, notes or scrip to an amount not exceeding in the 
aggregate one hundred and fifty thousand dollars ; such 
bonds, notes and scrip shall bear on their face the words 
"Canton Water Loan ; " shall be payable at the expira- 
tion of periods not exceeding thirty years from the date 
of issue ; shall bear interest payable semi-annually, at a 
rate not exceeding six per centum per annum, and shall 
be signed by the treasurer of the town and be counter- 
signed by the water commissioners hereinafter provided 
for. The said town may sell such securities at public or 
private sale, or pledge the same for money borrowed for 
the purposes of this act, upon such terms and conditions 
as it may deem proper. The said town shall provide, at 
the time of contracting said loan, for the establishment 
of a sinking fund, and shall annually contribute to such 
fund a sum sufficient, with the accumulations thereof, to 
pay the principal of said loan at maturity. The said 
sinking fund shall remain inviolate and pledged to the 
payment of said loan, and shall be used for no other 
purpose. 

Section 6. The said town instead of establishing a 
sinking fund may, at the time of authorizing said loan, 
provide for the payment thereof in such annual propor- 
tionate payments as will extinguish the same within the 
time prescribed in this act ; and when such vote has been 
passed the amount required thereby shall, without further 
vote, be assessed by the assessors of said town in each 



1885. — Chaptek 95. 565 

year thereafter, until the debt incurred by said loan shall 
be extinguished, in the same manner as other taxes are 
assessed under the provisions of section thirty-four of 
chapter eleven of the Public Statutes. 

Section 7. The return required by section ninety-one Return to be 
of chapter eleven of the Public Statutes shall state the rshiklnrfS 
amount of any sinking fund established under this act, etc., established. 
and if none is established whether action has been taken 
in accordance with the provisions of the preceding section, 
and the amounts raised and applied thereunder for the 
current year. 

Section 8. The said town shall raise annually by tax- Payment of an- 
ation a sum which, with the income derived from the water and int^erest.*'* 
rates, will be sufficient to pay the current annual expenses 
of operating its water works, and the interest as it accrues 
on the bonds, notes and scrip issued as aforesaid by said 
town, and to make such contributions to the sinking fund 
and payments on the principal as may be required under 
the provisions of this act. 

Section 9. The said town may purchase from the May purchase 

/• 1 , J •' T ' r any existing 

owner oi any aqueduct or water pipes now used in lur- aqueduct. 
nishing water to the inhabitants of said town all the 
estate, property, rights and privileges of such owner, and 
by such purchase shall become subject to all the liabilities 
and duties to such owner appertaining. 

Section 10. The said town is authorized to contract May supply 

. town of Sharon 

for and furnish, from its water supply, to the town of with water. 
Sharon a supply of water for the use of the town of 
Sharon and its inhabitants, for the extinguishment of fires 
and for domestic and other purposes, on such terms as 
may be agreed upon between said towns, and to make 
the necessary connections of its conduits or pipes with 
the conduits or pipes of the town of Sharon : provided, 
that nothing herein contained shall be construed to compel 
the town ot Canton to make such connections, or to fur- 
nish said water. 

Section 11. The said town may, at a legal town Declaration of 
meeting called for that purpose, by a vote of said town, ^"ter'tobl 
declare the quantity of water it proposes to take daily, t^'^^"- 
and from what source, and the quantity of water so de- 
clared shall be held to be the measure and limit of the 
right of said town to take or divert the waters of such 
source, under this act. 



566 



1885. — Chapter 96. 



Board of water 
commissioners 
to be elected. 



Penalty for pel- Section 12. WhoGver wilfullv OF wantoiilv corrupts, 

luting water or , t. /•! iiii 

injuring prop- pollutes or cliverts any oi the waters taken or held under 
^'^'^' this act, or injures any structure, work or other property 

owned, held or used by said town under the authority and 
for the purposes of this act, shall forfeit and pay to said 
town three times the amount of damages assessed there- 
for, to be recovered in an action of tort ; and upon con- 
viction of either of the above wilful or wanton acts shall 
be punished by a fine not exceeding three hundred dollars 
or by imprisonment not exceeding one year. 

Section 13. The said town shall, after its acceptance 
of this act, at a legal meeting called for the purpose, 
elect by ballot three persons to hold office, one until the 
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 the term of three years. All the authority 
granted to the said town by this act, and not otherwise 
specifically provided for, shall be vested in said board of 
water commissioners, who shall be subject, however, to 
such instructions, rules and regulations as said town may 
impose by its vote ; the said comraibsioners shall be trus- 
tees of the sinking fund herein provided for, and a 
majority of said commissioners shall constitute a quorum 
for the transaction of business relative both to the water 
works and to the sinking fund. Any vacancy occurring 
in said board from any cause may be filled for the remain- 
der of the unexpired term by said town at any legal town 
meeting called for the purpose. 

Section 14. This act shall take effect upon its accept- 
ance by a two-thirds vote of the voters of said town, 
present and voting thereon at a legal town meeting called 
for the purpose, within three years from its passage ; but 
the number of meetings so called in any year shall not 
exceed three. Approved March 24, 1885. 

GlldTt' 96 ^^ -^^^ "^^ CONFIRM THE PROCEEDINGS OF CERTAIN TOWN MEET- 
INGS HELD IN THE YEAR EIGHTEEN HUNDRED AND EIGHTY-FIVE. 

Be it enacted, etc., as folloivs: 
Proceedings Section 1. The towu meetings for election of town 

confirmed. ^, i i i t • i n 

officers held during the month of February in the year 
eighteen hundred and eighty-five in the towns of Prov- 



Vaoancies in 
board. 



Subject to ac- 
ceptance by 
a two-thirds 
vote. 



1885. — Chapter 97. 667 

incetown, Truro, Wellfleet, Orleans, Chatham, Harwich, 
Dennis and Yarmouth shall not be held invalid by reason 
of defects in the warrants calling said meetings, or of 
irregularities in the proceedings thereat ; and the elec- 
tions of town officers at said meetings are ratified and 
confirmed. 

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

Approved March 24, 1885. 



Chap. 97 



An Act to incorporate the nemasket hill cemetery associ- 
ation IN MIDDLEBORODGH. 

Be it enacted, etc., as follows: 

Section 1. Joseph E. Beals, Francis M. Vanghau, corporators. 
Warren H. Southworth, William B. Wood, Joseph T. 
Wood, William R. Peirce, George F. Bryant, George R. 
Sampson, Ellis Weston, John J. Perkins and Cornelius 
B. Wood, their associates and successors, are hereby 
made a corporation by the name of the Nemasket Hill Name and pur. 
Cemetery Association, for the purpose of acquiring, hold- ^°^^' 
ing, managing and perpetuating a place for the burial of 
the dead in the town of Middleborough, with all the 
powers and privileges and subject to all the duties, re- powers and 
strictions and liabilities contained in general laws which ^"''^^• 
now are or hereafter may be iu force relating to similar 
corporations, except as otherwise herein provided. 

Section 2. The said corporation may take and hold J^'jy '^i^^ ^"^ 
the real estate known as the "old burying hill, as now buryinghni. 
bounded and enclosed, situate on the easterly side of 
Nemasket River, in said Middleborough, and within the 
territory known as the "twenty-six men's purchase." 

Section 3. Any person who shall become proprietor Proprietors of 
of a lot in any lands acquired by said corporation, and any berVoUhrcor-' 
person who now is or may become a proprietor of a lot, po''*'>°°- 
whether by deed or otherwise, in the real estate men- 
tioned in section two of this act, at such time as the same 
is taken by said corporation, shall be and become mem- 
bers of said corporation, upon applying to the trustees 
hereinafter mentioned, and receiving from the corporation 
a deed or certificate of ownership of such lot. 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 4. The officers of said corporation shall con- oflicersof the 
sist of five trustees, a clerk, a treasurer, and such other corporation. 



56S 



1885. — Chapter 98. 



Treasurer to 
give bond. 



Liability for 
damages. 



officers as may be provided for by the by-laws. Such 
officers shall hold their offices for the term of one year, or 
until others shall be chosen and qualified in their stead, 
unless otherwise provided in the by-laws. The treasurer 
shall eive bond for the faithful discharge of his duties in 
such sum and with such sureties as shall be required by 
the by-laws. 

Section 5. The said cemetery association shall pay all 
damages sustained by any person or corporation in prop- 
erty by the taking of any land or other property or by 
any other thing done by said association under the author- 
ity of this act. Any person or corporation sustaining 
damages as aforesaid under this act, who fails to agree 
with said association as to the amount of damages sus- 
tained, may have the damages assessed and determined in 
the manner provided by law when land is taken for the 
laying out of highways, on application at any time within 
the period of one year from the taking of such laud or 
other properly, 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 6. This act shall take effect upon its passage. 

Approved March 24^ 1885. 

, 98 An Act concerning the preparation, storage and sale of 
unsafe oils made from coal or petroleum to be used for 

FUEL. 

Be it enacted, etc., as follows: 

Section 1. No person shall mix for sale naphtha and 
oils to be used for fuel in dwellings or other buildings 
where human life is endangered or exposed, or shall sell 
or offer for sale such mixture, or shall sell or offer 
for sale, except for purposes of re-manufacture, fuel 
oils made from coal or petroleum which will evaporate a 
gas under one hundred degrees Fahrenheit, or ignite at 
a temperature of less than one hundred and ten degrees 
Fahrenheit, to be ascertained by the application of Tag- 
liabue's or some other approved instrument ; and any 
Penalty, liabiii- pcrsoD SO doiug shall for each offence be punished by fine 
and°forfekufe.' uot exceeding one hundred dollars or imprisonment in 
the jail or house of correction not exceeding one month, 
or by both, in the discretion of the court ; and shall also 
be liable for any damage suffered by any person from the 
explosion or ignition of such oil thus unlawfully sold, or 



Chap 



Mixture of 
naphtha and oils 
to be used for 
fuel, regulated. 



1885. — Chapters 99, 100. 569 

kept or oflered for sale ; and such oil thus unlawfully sold 
or kept or offered for sale, and the casks or jnickages con- 
taining the same, shall be forfeited and sold; one-half of 
the proceeds of such sale to go to the Commonwealth and 
the other half to the informer. 

Section 2. For the purposes of this act fuel oils made Mixture of fuel 
from coal and petroleum and having an igniting point of coaiMd'peu-o. 
less than one hundred and ten degrees Fahrenheit, to be '^'""• 
determined in the manner provided in the preceding sec- 
tion, shall be deemed to be mixed with naphtha, and shall 
be branded unsafe for use as fuel. 

Ap2)roved March 25, 1S85. 

An Act to authorize the town of concord to raise money (JJidj)^ 99 

FOR the celebration OF THE TWO HUNDRED AND FIFTIETH 
ANNIVERSARY OF THE INCORPORATION OF THE TOWN. 

Be it enacted^ etc., as follows: 

Section 1. The town of Concord is authorized to raise Town may raise 
by taxation a sum of money not exceeding one-tenth of brau^g'^^nnfver- 
one per cent, of the assessed valuation of said town in the ^'*''y- 
year one thousand eight hundred and eighty-four, for the 
purpose of celebrating the two hundred and fiftieth anni- 
versary of the incorporation of said town, and erecting 
tablets or monuments to mark places and objects of historic 
interest therein. 

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

Approved March 25, 1885. 

An Act to incorporate the hill water company. ChcipAOO 

Be it enacted, etc., as follows: 

Section 1. John B. Hull, Franklin A. Palmer, William mii water com. 
Pitt Palmer and their associates and successors, are hereby ply Lhawtama 
made a corporation by the name of the Hill Water Com- ^uh'wat^e'n^'' 
pany, for the purpose of furnishing the inhabitants of that 
part of the town of Stockbridge, known as "The Hill," 
with water for the extinguishment of fires, and for domes- 
tic 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 and hold by purchase or otherwise onXe westerly 
the water of any springs or streams, or any other water gjfakfi^ounttin. 



570 



1885. — Chapter 100. 



May take land 
and erect struct- 
ures thereon. 



May dig up 
lands, etc. 



A description of 
the land, etc., 
taken, to be re- 
corded in regis- 
try of deeds. 



Damages to be 
paid by the cor- 
poration. 



sources, on the westerly side of Rattlesnake mountain in 
Siiid town of Stockbridge, and the water rights connected 
with any such water sources, and also all lands, rights of 
way and easements, necessary for holding and preserving 
such water, and for conveying the same to any part of 
said town, and may erect on the land thus taken or held 
proper dams, buildings, fixtures and other structures, and 
may make excavations, procure and operate machinery, 
and provide such other means and appliances as maj' be 
necessary for the establishment and maintenance of com- 
plete and effective water works ; and may construct and 
lay down conduits, pipes and other works, under or over 
any lands, water courses, railroads, or public or private 
ways, and along any such ways, in such manner as not 
unnecessarily to obstruct the same ; and for the purpose 
of constructing, maintaining and repairing such conduits, 
pipes and other works, and for all proper purposes of this 
act, said corporation may dig up any such lands, and 
under the direction of the board of selectmen of the town 
in which any such ways are situated, may enter upon and 
dig up any such ways in such manner as to cause the 
least hindrance to public travel on such ways. 

Section 3. The said corporation shall, within sixty 
days after the taking of any lands, rights of way, water 
rights, water sources or easements as aforesaid, otherwise, 
than by purchase, file and cause to be recorded, in the 
registry of deeds for the county and district within which 
such lands or other property is situated, a description 
thereof sufficiently accurate for identification, with a state- 
ment of the purpose for which the same were taken, 
signed by the president of the corporation. 

Section 4. The said corporation shall pay all damages 
sustained by any person 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, who fails to agree with said corporation as 
to the amount of damages sustained, may have the dam- 
ages assessed and determined in the manner provided by 
law when land is taken for the laying out of highways, on 
application at any time within the period of three years 
from the taking of such land or other property, or the 
doing of other injury, under the authority of this act ; but 



1885. — Chapter 100. 571 

no such application shall be made after the expiration of Application for 
said three years. No application for assessment of dam- be made until 
ages shall be made for the taking of any water, water divmed!'^'^"^"^ 
right, or for any injury thereto, until the water is actually 
withdrawn or diverted by said corporation nnder the 
authority of this act. 

Section 5. The said corporation may distribute the May regulate 
water through that part of said town of Stockbridge a^^^nSier'^ 
known as "The Hill;" may regulate the use of said ^^'e'' ■■^^<^«- 
water, and fix and collect rates to be paid for the use 
of the same ; and may make such contracts with the said 
town, or with any fire district that is or may hereafter be 
established therein, or with any individual or corpora- 
tion, to supply water for the extinguishing of fire or for 
other purposes, as may be agreed upon by said town, or 
such tire district, individual or corporation, and said cor- 
poration. 

Section 6. The said corporation may, for the pur- Real estate, cap- 
poses set forth in this act, hold real estate not exceeding sh^ire*^8°.'''^ ^°*^ 
in amount five thousand dollars ; and the whole capital 
stock of said corporation shall not exceed ten thousand 
dollars, to be divided into shares of one hundred dollars 
each. 

Section 7. Whoever wilfully or wantonly corrupts. Penalty for pou 
pollutes or diverts any of the waters taken or held under injirfng prop"-*^ 
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 wan- 
ton acts shall be punished by a fine not exceeding three 
hundred dollars or by imprisonment not exceeding one 
year. 

Section 8. The said 'corpoiation may purchase from May purchase 
the owner of any aqueduct or water pipes now used in aqued^uct!"^ 
furnishing water to the inhabitants of said town all the 
estate, property, rights and privileges of such owner, and 
by such purchase shall become subject to all the liabilities 
and duties to such owner appertaining. 

Section 9. The said corporation may issue bonds, and May issue 

• !• 1 ' 1 i.u bonds. 

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 ot its incor- 
poration. 



572 



1885. — Chapter 101 



Town of Stock- 
bridge may pur- 
chase franchise 
and property at 
any time. 



Security for 
payment of 
damages may 
be required. 



Section 10. The said town of Stockbriclge shall have 
the right, at any time during the continuance of the char- 
ter hereby granted, to purchase the franchise, corporate 
property and all the rights and privileges of said cor- 
poration at a price which may be mutually agreed upon 
between said corporation and the said town ; and the said 
corporation is authorized to make sale of the same to said 
town. In case said corporation and said town are unable 
to agree, then the compensation to be paid shall be deter- 
mined by three commissioners, to be appointed by the 
supreme judicial court, upon application of either party 
and notice to the other, whose award when accepted by 
said court shall be binding upon all parties. This author- 
ity to purchase said franchise and property is granted on 
condition that the same is assented to by said town by a 
two-thirds vote of the voters present and voting thereon 
at a meeting called for that purpose. 

Section 11. The county commissioners for the county 
within which any land, water or water rights taken under 
this act is situated, shall, upon application of the owner 
thereof, require said corporation to give satisfactory secu- 
rity 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 commissioners 
shall in like manner require further security, if at any 
time the security before required appears to them to have 
become insufficient ; and all the right or authority of said 
corporation to enter upon or use such land or other prop- 
erty, except for making surveys, shall be suspended until 
it gives the security so required. 

Section 12. This act shall take effect upon its passage. 

Approved March 25, 1885. 



ChCl7).\0\ ^^ ■^'^^ '^^ AUTHORIZE THE TOWNS OF BROOKFIELD, NORTH BROOK- 
FIELD AND WEST BROOKFIELD TO RAISE MONEY FOR THE PURPOSE 
OF PUBLISHING A HISTORY OF SAID TOWNS. 

Be it enacted, etc., as folloivs : 

May raise Section 1. The to vvus of Brookficld , North Brookticld 

Hsbing^own"'^' aud Wcst Brookfield, or any two of said towns, are author- 
histories. ^^ed to raisc such sums of money as they may deem neces- 



18S5. — Chapters 102, 103. 573 

sary, and appropriate the same, for the purpose of 
procuring the writing and publishing a history of said 
towns. 

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

Approved March 25, 1885. 



C7iap.l02 



com- 

misBioners. 



An Act making appropriations for deficiencies in appropri- 
ations FOR CERTAIN EXPENSES AUTHORIZED IN THE YEAR EIGH- 
TEEN HUNDRED AND EIGHTY-FOUR AND PREVIOUS TEARS, 

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 payment of 
certain expenses, in excess of appropriations therefor, in 
the year eighteen hundred and eighty-four and previous 
years, to wit : — 

For printing and binding ordered by the house of rep- Printing and 
resentatives, seven hundred and eighteen dollars and ^'"'^"■s- 
twenty cents. 

For expenses of the board of railroad commissioners, Railroad 
six hundred and twenty-five dollars. 

For incidental expenses in the department of the secre- Secretary of 
tary of the Commonwealth, four hundred and fifty-four ^'°'^'"o"^e^»h. 
dollars aiid nine cents, which sum shall be paid from the 
appropriation for incidental expenses of said department 
authorized for the present year. 

For the completion of the dwelling-houses at the prison Dweinng-houses 
at Concord, authorized by chapters forty-three and sixty coFd"**""^ 
of the resolves of the year eighteen hundred and eighty- 
three, seven hundred and thirteen dollars and sixty cents. 

For expenses at the state industrial school for girls, five industrial 
hundred and fifty-seven dollars and seventy-six cents. ^° °°' orgirs. 

For repairs on the state prison buildings at Charlestown, state prison 
nine thousand seven hundred and seventy-six dollars and char/rstown. 
fifty-eight cents. 

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

Approved March 25, 1885. 



Chcqy.lOS 



An Act making appropriations for compensation and ex- 
penses OF the board of civil service commissioners. 

Be it enacted, etc. , as follows : 

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



574 1885. — Chapters 104, 105. 



Civil service 
commissioners. 



For compensation of the board of civil service commis- 
sioners, a sum not exceeding two thousand five hundred 
dollars ; and for clerical assistance to said commissioners, 
a sum not exceeding one thousand dollars. 
esamhiaWons. For .cxpeuses of civil scrvicc examinations, a sum not 

exceeding one thousand dollars; for printing, advertising 
and stationery for said commissioners, a sum not exceed- 
ing one thousand dollars ; and for travelling and inciden- 
tal expenses for the chief examiner and commissioners, a 
sum not exceeding eight hundred dollars. 

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

Approved 3farch 25, 18S5. 



Chap.104: 



An Act to extend the time for constructing the Lancaster 

railroad. 

Be it enacted, etc., as folloios: 
Time for con- Section 1. The time for constructing the Lancaster 

tended. Railroad is hereby extended to the thirtieth day of March 

in the year eighteen hundred and eighty-nine : provided, 
that nothing herein or in chapter one hundred and fifty of 
the acts of the year eighteen hundred and eighty- one 
shall be construed as giving any authority to said Lan- 
caster Railroad Company to require the Central Massa- 
chusetts Railroad Company to change its line or grade in 
the town of Hudson, or as affecting any rights of said 
Central Massachusetts Railroad Company already acquired 
under any location made pursuant to law. 

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

Approved March 25, 1885. 



Chap.105 



An Act to incorporate the barre library association. 
Beit enacted, etc., as follows: 



Barre Library SectionI. Charlcs Brimblccom, Gcorgc Browu, Jamcs 
corporated. W. Jcnkius, Charlcs G. Allen, Clarence B. Roote, Syl- 
vester Bothwell, James F. Davis, Harding Woods, Lucius 
F. Billings, George N. Harwood, Thomas P. Root, Mat- 
thew Walker, Austin F. Adams, George F. Rice, John 
L. Smith, Austin G. Wheelock and J. Henry Goddard, 
their associates and successors, are hereby made a corpo- 
ration by the name of the Barre Library Association, for 
the purpose of procuring by purchase or otherwise lands 
and buildings for the accommodation of the public library 
of the town of Barre, and a reading room in connection 



1885. — Chapter 106. 575 

therewith, and for other kindred uses ; of aidin^^ in the 
maintenance and increase of said library, and the estab- 
lishment and maintenance of a reading room ; of providing 
and supporting courses of lectures on scientific, histori- 
cal, literary and other subjects ; of forming and maintain- 
ing a museum containing specimens in natural history, 
works of art, antiquities and other objects of interest ; 
and for the purpose of collecting the annals of said town 
and the genealogies of its inhabitants ; with all the powers powers and 
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 corporations 
organized for any of the purposes such as are above 
mentioned. 

Section 2. Said corporation may hold real estate and f^n'*jl,*e"tatr" 
personal property to the amount of tifty thousand dollars, $oo,ooo, exciu. 
exclusive of books, papers, works of art and other collec- etc 
tions in its museum, and may receive and hold for tlie 
purposes aforesaid any grants, donations or bequests, 
under such lawful conditions and rules as may be pre- 
scribed therein ; and all real estate which shall be procured 
by said corporation for the use and accommodation of the 
public library of said town of Barre, after it shall have 
been prepared and fitted for the reception of said libraiy, 
may continue to be held by said corporation and appro- 
priated to said use or shall be conveyed to said town, .is 
said town at a legal meeting called for the purpose shall by 
vote determine : provided, however, that said corporation Proviso. 
shall not be authorized hereby to receive any money or 
other property for the purpose of procuring any real 
estate for the use and accommodation of the public library 
of said town of Barre until so much of this act as relates 
thereto shall have been approved by vote of said town. 

Section 3. The said corporation shall not be required ^eq''ui*rid!''*'''°°' 
to have a capital stock. 

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

Approved March 25, 1885. 



Chap.106 



An Act to kequiee assessors to enumerate and return the 
number of neat cattle and swine assessed. 

Be it enacted, etc., as follows : 

Section 1. Section fifty-four of chapter eleven of the Return of neat 
Public Statutes is hereby amended by inserting at the lH'^!,^^^ '^'"^ 
end of the fourteenth clause of said section the following 
additional clauses : — 



576 1885. — Chapters 107, 108. 

Fifteenth, The total number of neat cattle, other than 
cows, assessed. 

Sixteenth, The total number of swine assessed. 
Amendment. SECTION 2. The clauscs of Said scctioii now numbered 

"fifteenth" and "sixteenth," shall hereafter be num- 
bered seventeenth and eighteenth, respectively. 

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

Approved March 27, IS So. 

ChdJjAOl ^'^ ^^"^ RELATING TO THE MAKING AND TRANSMITTING OF CERTIFI- 
CATES OF ELECTION OF REPRESENTATIVES. 

Be it enacted, etc., as follows : 
Certificate to be Section 1. Scction thirteen of chapter eight of the 

transmitted to . '■ " 

secretary within Fublic Statutcs IS hereby amended so as to read as lol- 
eiectkinf ^* '^ ^""^ lows .* — Whcu it is ascertained who is elected representa- 
p. s. 8, §io. jj^^ |j^ ^ district composed of one town or city, or one or 
more wards of a city, the selectmen, or mayor and alder- 
men, shall make out duplicate certificates thereof, and 
shall transmit them within fifteen days after the day of 
election, one to the ofiice of the secretary of the Com- 
monwealth and the other by a constable or other author- 
ized officer to the person elected. 
p.'8!"s!'§ u! ^° Section 2. Section fourteen of said chapter is hereby 
amended so as to read as follows: — When the clerks of 
cities, towns and precincts composing a district, at their 
meeting for the purpose, ascertain that a representative 
is elected in their district, they or a majority of them 
shall make out duplicate certificates thereof, and shall 
transmit them within fifteen days after the day of elec- 
tion, one to the office of the secretary of the Common- 
wealth and the other by a constable or other authorized 
officer to the person elected. Approved March 27, 1885. 

Chap.lOS An Act CONCERNING THE CORRECTION OF ERRORS IN COPIES OF 

RECORDS OF VOTES. 

Be it enacted, etc., as foUoivs : 
Correction of Scctiou ouc of chapter twenty-eight of the acts of the 

errors in copies \ -> • i . i • i i i , 

of records of year eighteen hundred and eighty-two is hereby amended 
by striking out after the words " as required by," in the 
second line, the words "the forty-fifth section of the 
seventh chapter of the Public Statutes," and inserting 
instead thereof the word "law," so as to read as fol- 
lows: — If upon examination of the copies of the records 



votes. 



1885. — Chapters 109, 110. 577 

of votes as required by law it shall appear to the governor 
and council 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 trans- 
mitting the original return. Said new. copy shall be Return to be 
returned by the clerk of the city or town within seven ^venday"" 
days after the date of the order requiring the same to be 
made ; and if adjudged to be correct and in conformity 
to the requirements of law shall thereupon have the same 
force and effect as an original return correctly made and 
transmitted. Axjproved March 27, 1S85. 

An Act relating to the leasing of great ponds. Cliap.\QQ 

Be it enacted, etc., asfolloivs: 

Section 1. So much of chapter ninety-one of the Repeal, p. s. 9i. 
Public Statutes, relating to inland fisheries, as authorizes 
the commissioners on inland fisheries to lease great ponds, 
is hereby repealed. 

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

Approved March 27, 1885. 

An Act to protect travellers at grade crossings of high- (JJiaij.WO 

WATS AND RAILROADS. 

Be it enacted, etc., as follows : 

Section 1. Upon complaint and application made to Obstruction of 
the board of railroad commissioners, according to the frlightTa^rs.^etc, 
provisions of section seventeen of chapter one hundred fng^^'luyJcTto 
and twelve of the Public Statutes, stating that any level Sed'r^hf' 
crossing of a railroad with a highway, townway or street railroad commis- 

^ , -11 •>■! .1. sioners. 

IS improperly occupied by a railroad company with its 
freight engines, freight cars or freight trains to the 
unreasonable inconvenience or danger of the public, said 
board shall, after due notice, hear the parties; and if it 
appears that the allegations of the complaint are true, 
may, if public convenience or safety require, order that 
after a date fixed by said board such railroad company 
shall not use or occupy such crossing or any part thereof 
for making up or disconnecting freight trains, or for con- 
necting or disconnecting the engines or cars of such 
trains, or for the purpose of distributing freight or freight 
cars ; and may prescribe and direct such changes to be 
made in the construction of side tracks, branches and con- 
nections, in proximity to such crossings, as will prevent 



578 



1885. — Chapters 111, 112. 



Orders may bo 
enforced by 
process in 
equity. 



the use of such crossings in the manner aforesaid, in con- 
nection with such side tracks, branches or connections; 
or may prescribe such regulations limiting the use of such 
crossings for such purposes as may appear to be neces- 
sary, and may at any time modify its order after a hearing 
and for cause shown. 

Section 2. The supreme judicial court, on application 
of the attorney-general, may by suitable process in equity 
compel railroad corporations to comply with any order 
made under the provisions of this act. 

Approved March 27, 1885. 



(J]ia7).\W -^N ^^"^ ^^ AUTHORIZE SAVINGS BANKS AND INSTITUTIONS FOR 
SAVINGS TO MAKE ADDITIONAL INVESTMENTS. 



Investments by 
savings banks. 



as follows , 



Savings banks and institutions for savings 

section 



Be it enacted, etc. 

Section 1. 
may, in addition to the securities mentioned in 
twenty of chapter one hundred and sixteen of the Public 
Statutes, invest their deposits, and the income derived 
therefrom, in the bonds and notes of incorporated dis- 
tricts in this Commonwealth whose net indebtedness does 
not exceed five per cent, of the last preceding valuation 
of the property therein for the assessment of taxes. 

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

Approved March 27, 1885. 



C7iap.ll2 



Corporators. 



Name and pur- 
pose. 



Powers and 
duties. 



An Act to incorporate the south abington shoe factory 

COMPANY. 

Be it enacted, etc., as follows: 

Section 1. William H. Dunbar, Hosea F. Whidden, 
Henry Hobart, David B. Giirney, William L. Reed, 
Randall W. Cook, Edward Y. Perry and Charles H. 
Edson, their associates and successors, are made a cor- 
poration by the name of the South Abington Shoe Factory 
Company, for the purpose of purchasing and maintaining 
a factory to be used for the manufacturing of boots and 
shoes, and for other manuf^icturing purposes ; and for the 
purposes herein named said corporation shall have the 
powers and be subject to the provisions and restrictions 
of all general corporation laws of this Commonwealth 
relating to similar corporations organized under the gen- 
eral lavvs which now are or may- hereafter be in force ; and 
shall have power to purchase, lease and hold in fee simple 



1885. — Chapter 113. 579 

or any part of that tract of Ian 
in South Abint^ton in this Commonwealth lyi 



or otherwise all or any part of that tract of land situated MaypurchaBea 

•^ » . Ill* cortain tract 01 

)in2fton in this Commonwealth lyino^ on the land in South 



south side of South Avenue and bounded on the north by '"s^""- 
said South Avenue, being on that line ninety-nine feet; 
on the east by land of Amelia Dunbar, wife of William 
H. Dunbar, being on that line two hundred and forty-nine 
feet ; on the south by land of said Amelia Dunbar, being 
on that line ninety-three feet ; and on the west by land of 
the Old Colony Railroad Company, being on that line two 
hundred and fifty-two and three-tenths feet ; together 
with the buildings thereon and the engine, boiler, shafting 
and other appurtenances thereto belonging. 

Section 2. The said corporation shall have the power May erect and 
to erect and maintain factory buildings and other build- buTiding^s/*'"'^^ 
ings and structures on its land, and otherwise improve 
the same, and to sell, lease, mortgage or otherwise dis- 
pose of its corporate property or any part thereof. 

Section 3. The capital stock of said corporation shall ^nd sharer'' 
not exceed twenty-three thousand one hundred dollars, 
divided into shares of one hundred dollars each : provided^ 
however, that no liability shall be incurred until the whole 
amount of said capital stock is paid in, in cash. 

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

Approved March 27, 1885. 

An Act making an appropriation for the payment of cer- O/iftjO.llS 
tain bills in connection with repairs, improvements and 
furniture at the state house in the year eighteen hun- 
dred AND eighty-four. 

Be it enacted, etc., as foUotvs : 

Section 1. The sum hereinafter mentioned is appro- Appropriations. 
priated, to be paid out of the treasury of the Common- 
wealth, from the ordinary revenue, for the payment of 
bills now due and on tile in the auditor's department, 
having been incurred for labor and material, in connection 
with certain improvements in the state house in the year 
eighteen hundred and eighty-four, to wit : — 

For repairs, improvements and furniture at the state state house, 
bouse, nine thousand six hundred and eighty-three dol- provemems.'™' 
lars and nine cents. 

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

Approved March 30, 1885. 



580 



1885. — Chapter 114. 



njiaV.^1-4: ^^ ^^^ ^^ AUTHORIZE THE TOWN OP NORTH ADAMS TO »IAKE A 
WATER LOAN IN AID OF THE NORTH ADAMS FIRE DISTRICT. 



Town of North 
Adams may 
issue bonds for 
assisliiit; the No. 
Adams Fire Dis- 
trict. 



Town may loan 
bonds to fire 
district. 



Fire District 
may sell or 
pledge bonds. 



Annual report to 
town of disposi- 
tion of securi- 
ties. 



Be it enacted, etc., as follows: 

Section 1. The town of North Adams for the purpose 
of assisting the North Adams Fire District in the manner 
hereinafter provided in meeting certain liabilities incurred 
by said lire district in constructing its water works, and 
to enable said fire district to redeem certain water scrip 
heretofore issued in aid of said fire district, and about be- 
coming due, is authorized to issue, from time to time, 
bonds, notes or scrip, to an amount not exceeding in the 
aggregate two hundred and fifty thousand dollars ; such 
bonds, notes and scrip shall bear on their face the words 
"North Adams Water Loan, Act of 1885"; shall be pay- 
able at the expiration of periods not exceeding thirty years 
from the date of issue ; shall bear interest payable semi- 
annually, at a rate not exceeding six per centum per 
annum, and shall be signed by the treasurer and be coun-' 
tersigned by the chairman of the board of selectmen of said 
town, and a record of all such bonds, notes or scrip shall 
be made and kept by the treasurer of said town. 

Section 2. The said town may loan said bonds, notes 
or scrip to the said fire district upon such terms and con- 
ditions as said town may prescribe by its vote, not incon- 
sistent with the provisions of this act. 

Section 3. The said fire district may sell such securi- 
ties 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, provided that such 
securities shall not be sold or pledged at less than the par 
value thereof, and shall apply the proceeds thereof, or so 
much as may be necessary, to defray the necessary ex- 
penses and liabilities incurred by said fire district under 
the provisions of chapter one hundred and eighty-six of 
the acts of the year eighteen hundred and eighty-three, 
and of prior acts therein mentioned, and to redeem certain 
water scrip or certificates of debt heretofore issued by the 
town of Adams, to the amount of one hundred thousand 
dollars, and known as the North Adams Water Scrip, 
from time to time as said last named scrip shall become 
due ; and shall annually make a full report in writing to 
said town of its doings in disposing of such securities and 
in applying the proceeds thereof. 



1885. — Chapter 114. 581 

Section 4. The said town of North Acltims is author- Town may tax 
ized to annually assess upon the real estate located within rrkuolfay°inter- 
the said tire district, and upon the personal estate of all ,')te'to"Luking*'" 
persons resident in said fire district, and collect all taxes f^^'i- 
necessary to pay the interest as it accrues on the bonds, 
notes and scrip issued and loaned 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. The said town shall provide, 
at the time of contracting its said loan authorized in sec- 
tion one, for the establishment of a sinking fund and shall 
annually contribute to such fund a sum sufficient, with 
the accumulations thereof, to pay the principal of said loan 
at maturity. The said sinking fund shall remain invio- ToeetabUaha 
late and pledged to the payment of said loan, and shall ^'^^'"^ 
be used for no other purpose. 

Section 5. The said town, instead of establishing a way make 
sinking fund, may at the time of authorizing its said loan tio'nate pay?^'^" 
provide for the payment thereof in such annual propor- " tabiishing^*^ °^ 
tionate payments as will extinguish the same within the sinking fund. 
time prescribed in this act ; and when such vote has been 
passed the amount required thereby shall without further 
vote be assessed by the assessors of said town, and col- 
lected as provided in section four, in each year thereafter, 
until the debt incurred by its said loan shall be extin- 
guished, in the same manner as other taxes are assessed 
under the provisions of section fifty-four of chapter thirty- 
five of the Public Statutes. 

Section 6. The return required by section ninety-one Return of 
of chapter eleven of the Public Statutes shall state the LTetc."^""^" 
amount of any sinking fund established under this act, 
and if none is established, whether action has been taken 
in accordance with the provisions of the preceding sec- 
tion, and the amounts raised and applied thereunder for 
the current year. 

Section 7. This act shall take effect upon its accept- f^^^J'^^^^^g ^ 
ance by a two-thirds vote of the voters of said town, two thirds vote 
present and voting thereon at a legal town meeting called district. ^^''^'^ 
for that purpose, within one year from its passage, and 
by a two-thirds vote of the voters of said fire district, 
present and voting thereon at a legal fire district meeting 
called for that purpose, within said one year ; but the 
number of meetings so called in said year, in said town 
or in said fire district, shall not exceed three. 

Approved March 31, 1885. 



582 



1885. — Chapter 115. 



May issue bonds 
to renew its 
water loan. 



Chdp.W^ An Act to authorize the city of Northampton to issue se- 
curities TO RENEW A PORTION OF ITS WATER LOAN. 

Be it enacted^ etc., as follows : 

Section 1. The city of Northampton, for the purpose 
of renewing certain town -notes, given in lieu of water 
bonds, under the authority of chapter two hundred and 
thirteen of the acts of the year eighteen hundred and 
eighty, and now becoming due, may issue bonds, notea 
or scrip, to an amount not exceeding in the aggregate 
fifty thousand dollars ; such bonds, notes or scrip, shall 
bear on the face thereof the words " The City of North- 
ampton Water Bond ; " shall be payable at the expiration 
of periods not exceeding thirty years from the first day of 
April in the year eighteen hundred and eighty-five ; shall 
bear interest payable semi-annuall}'', at a rate not exceed- 
ing six per centum per annum, and shall be signed by the 
treasurer and the mayor and be countersigned by the 
auditor of said city. 

Section 2. The said city may sell such securities at 
public or private sale, or pledge the same for money bor- 
rowed for the purposes of this act, upon such terms and 
conditions as it may deem proper. The said city shall 
provide, at the time of contracting said loan, for the es- 
tablishment of a sinking fund and shall annually contribute 
to such fund a sum sufficient, with the accumulations 
thereof, to pay the principal of said loan at maturity. 
The said sinking fund shall remain inviolate and pledged 
to the payment of said loan, and shall be used for no 
other purpose. 

Section 3. The said city instead of establishing a sink- 
ing fund, may, at the time of authorizing said loan, pro- 
vide for the payment thereof in such annual proportionate 
payments as will extinguish the same within the time pre- 
scribed in this act ; and when such vote has been passed, 
the amount required thereby shall, without further vote, 
be assessed by the assessors of said city in each year there- 
after, until the debt incurred by said loan shall be extin- 
guished, in the same manner as other taxes are assessed 
under the provisions of section thirty-four of chapter 
eleven of the Public Statutes. 

Section 4. The return required by section ninety-one 
of chapter eleven of the Public Statutes shall state the 
amount of any sinking fund established under this act, and 
if none is established whether action has been taken io 



May sell or 
pledge securi- 
ties. 



Sinking fund to 
be established. 



May make 
annual propor- 
tionate pay- 
ments instead of 
providing sink- 
ing fund. 



Return of 
amount of sink. 
Ing fund, etc. 



current 
expenses. 



Chap.116 



1885. — Chapter 116. 583 

accordance with the provisions of the preceding section, 
and the amounts raised and applied thereunder for the 
current year. 

Section 5. The said city shall raise annually, by taxa- to raise money 
tion, a sum which, with the income derived from the water suiiicfcnuo pay: 
rates, will be sufficient to pay the current annual expenses 
of operating its water works, and the interest as it accrues 
on the bonds, notes and scrip issued as aforesaid by said 
city, and to make such contributions to the sinking fund 
and payments on the principal as may be required under 
the provisions of this act. 

Section 6. This act shall take effect upon its passage. 

Ajjproved April 1, 1885. 
An Act to authorize the trustees br the state almshouse and 

STATE WORKHOUSE TO PROCURE A SUPPLY OP WATER FROM TAUN- 
TON RIVER FOR THE STATE WORKHOUSE AT BRIDGEWATER. 

Be it enacted., etc., as follows : 

Section 1. The board of trustees of the state alms- water supply 
house and state workhouse are hereby authorized for the ^orkhousfat 
purpose of furnishing the state workhouse and its appurte- i^ridgewater. 
nances at Bridgewater with a supply of water, for the 
extinguishment of fires and for domestic and other pur- 
poses, to take by purchase, or otherwise, and hold the 
water of Taunton River, at some convenient point near the 
site of said workhouse in the town of Bridgewater, and 
the water rights connected therewith, and also all lands, 
rights of way and easements necessary for holding and 
preserving such water, and for conveying the same to any 
part of said workhouse and the buildings and premises 
connected therewith, and may erect on the land thus taken 
or held proper dams, buildings, fixtures and other struct- 
ures, and may make excavations, procure and operate 
machinery, and provide such other means and appliances 
as may be necessary for the establishment and maintenance 
of complete and effective water works ; and may construct conduUs, pipes 
and lay down conduits, pipes and other works, under or !Jy"oH°s!^^'" 
over any lands, water courses, railroads, or public or pri- 
vate ways, and along any such ways, in such manner as 
not unnecessarily to obstruct the same ; and for the pur- 
pose of constructing, maintaining and repairing such con- 
duits, pipes and other works, and for all proper purposes 
of this act, said trustees may dig up any such lands, and, 



584 



1885. — Chaptek 117. 



A description of 
land, etc. taken, 
to be recorded in 
registry of 
deeds. 



Liability for 



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 2. The said trustees shall, within sixty days 
after the taking of any lands, rights of way, water riohts, 
water sources or easements as aforesaid, otherwise than by 
purchase, file and cause to be recorded, in the registry of 
deeds for the county within which such lands or other 
property is situated, a description thereof sufficiently ac- 
curate for identification, with a statement of the purpose 
for which the same were taken, signed by the chairman of 
said board ; and the title of all lands so taken shall vest 
in the Commonwealth. 

Section 3. The said trustees 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 trustees under the authority of this act. Any person 
or corporation sustaining damages as aforesaid under this 
act, who fails to agree with said trustees as to the amount 
of damages sustained, may have the damages assessed and 
determined in the manner provided by law when land is 
taken for the laying out of highways, on application at any 
time within the period of three years from the taking of 
such land or other property, or the doing of other injury, 
under the authority of this act ; but no such application 
shall be made after the expiration of said three years. No 
application for assessment of damages shall be made for 
the taking of any water, water right or for any injury 
thereto, until the water is actually withdrawn or diverted 
by said trustees under the authority of this act. 

Section 4. All expenses and liabilities incurred by the 
said trustees and all damages arising under this act, shall 
be paid out of the appropriations made for that purpose, 
of funds from the treasury of the Commonwealth. 

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

Approved Apml 1, 1885. 

CJiap.lll -^N -^^^ '^^ INCORPORATE THE REHOBOTH ANTIQUARIAN SOCIETY. 

Be it enacted, etc., as follows : 
Corporators. Section 1. Georgc H. Tilton, William H. Marvel, 

George N. Goff, Esek N. Pierce, Paschal E. Wilmarth, 
Charles Perry, George H. Horton, their associates and 



Application for 
damages not to 
be made until 
water is actually 
diverted. 



Expenses, etc., 
to be paid out of 
appropriations 
madi' for that 
purpose. 



1885. — Chapters 118, 119. 585 

> 

successors, are hereby made a corporation by the name of ^-'me ana pui. 
the Rehoboth Antiquarian Society, for the purpose of col- 
lecting, receiving and preserving ancient manuscripts, 
books, natural and artificial curiosities ; and for the erec- 
tion and maintenance of a building in the town of Rehoboth 
to be called the Goff Memorial Building, to be used as a 
public library, school room, and for the preservation of 
the collections made under the authority herein granted. 

Section 2. The capital stock of said corporatipn shall ^udsh-irer^ 
not exceed two hundred and tifty thousand dollars, and 
shall be divided into shares of ten dollars each. Said cor- 
poration shall have all the powers and be subject to all the 
duties, restrictions and liabilities set forth in chapter one 
hundred and fifteen of the Public Statutes applicable to 
like corporations. Approved April 1, 1885. 

An Act defining the duties of the board of education relat- (7/ir/Z>.118 

ING TO the PERKINS INSTITUTION FOR THE BLIND. 

Be it enacted^ etc., as follows : 

The Board of Education shall have the same super- Admission, etc., 

• • .1 ■,.. T'ii- /• •!■ of pupils under 

vision over the admission and instruction ot pupils in enpervision of 
the Perkins Institution and Massachusetts School for the ^10/^;^ of "duca- 
Blind that it now exercises over the instruction of deaf 
mutes and deaf children under sections sixteen and seven- 
teen of chapter forty-one of the Public Statutes. 

Approved April 1 , 1885. 

An Act to establish the salary of the clerk of the board Hhri-y^ 11Q 
OF railroad commissioners. 

JBe it enacted, etc., as folloios : 

Section 1. The annual salary of the clerk of the salary of cierk. 
board of railroad commissioners shall be twenty-five hun- 
dred dollars from the first day of January in the year 
eighteen hundred and eighty-five. 

Section 2. So much of section ten of chapter one Repeal. 
hundred and twelve of the Public Statutes as is incon- 
sistent with this act is hereby repealed. 

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

Approved April 1, 1885. 



586 



1885. — Chapters 120, 121. 



Town may 
lower grade of 
old cemetery 
and remove re- 
mains of dead. 



CAaD.120 ^^ ^^'^ ^^ PROVIDE FOR A CHANGE OF THE GRADE OF THE OLD 

CEMETERY IN NORWOOD. 

Be it enacted, etc. , as folloics : 

Section 1. The town of Norwood is hereby author- 
ized, under the direction of its selectmen and board ot 
health, to lower the grade of the old parish cemetery in 
said town adjoining the location of the New York and 
New England Raih'oad and lying northwesterly of said 
railroad location between said location and Washington 
Street, or such part of said cemetery as said town may 
think proper, and to remove, replace and re-inter the 
remains of the dead and the monuments erected to their 
memory in said cemetery : provided, however, that the 
selectmen of said town shall first give thirty days' notice in 
some newspaper of general circulation in said town, that 
said change of grade and removal, replacing and re-inter- 
ring of the remains of the dead and their monuments is 
intended ; and provided, further, that the remains so 
removed shall be re-interred and the monuments so re- 
moved shall be re-erected in substantially the same 
relative positions after such change of grade is made as 
they now occupy in said cemetery, and provided, further, 
that the parish to which the land was conveyed to form 
said cemetery shall first consent thereto. 

Section 2. The remains so removed may be re-interred 
in any other authorized cemetery in this Commonwealth, 
instead of as herein before provided, and the monuments 
erected in connection with the same, re-erected in such 
other cemetery, if the relatives or friends of those whose 
remains are so removed shall so request in writiug, and 
first give a satisfactory guarantee to pay the expense of 
the removal and re-interment. 

Section 3. Said town is hereby authorized at its next 
annual meeting or at any legal town meeting called for 
that purpose, to raise by taxation and appropriate such 
sums as shall be found necessary for the purposes of this 
act. 

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

Approved April i, 1885. 

An Act relating to co-operative banks. 

Be it enacted, etc., as follows : 

Section 1. In any co-operative bank, now or here- 
after formed under the provisions of chapter one hundred 



To give notice 
of intention. 



Remains to be 
re-interred. 



Proviso. 



Remains may be 
re-interred in 
any authorized 
cemetery in the 
state. 



Town may raise 
by luxation suf- 
ficient to meet 
expenses. 



Chap.121 



1885. — Chapter 122. 587 

and seventeen of the Public Statutes, the offices of secre- one person may 
tary and treasurer may be held by one and the same ury^and treas- 
person. "'"'''■• 

Section 2. At each periodical distribution of profits, Guarantee fund * 
the directors shall reserve as a guaranty fund a sura not frompUofiu"' 
less than one nor more than five per cent, of the net 
profits accruing since the next preceding adjustment, until 
such fund amounts to five per cent, of the dues capital, 
which fund shall thereafter be maintained and held ; and 
said fund shall be at all times available to meet losses in 
the business of the corporation from depreciation of its 
securities or otherwise. 

Section 3. Chapter thirteen of the Public Statutes is Amendment to 
amended as follows : — By striking out the following sub- 
title, "Taxation of Co-operative Saving Fund and Loan 
Associations," and inserting in place thereof the follow- 
ing ; — " Taxation of Co-operative Banks"; and section 
twenty-four of said chapter thirteen is amended by strik- 
ing out the words "co-operative saving fund and loan 
association," in the first line thereof, and inserting in their 
stead the words " co-operative bank"; and by striking 
out the word " associations," in the last line thereof, and 
inserting the word " banks." 

Section 4. Chaijter two hundred fifty-one of the acts Amendment to 

1 SS'"^ "^51 

of the year eighteen hundred eighty-two is amended as 
follows: — In the title thereof, so as to read "An act 
relating to Co-operative Banks " ; and in the thirty-second 
line of section one of said chapter, by inserting the word 
" premium" after the word " interest" in said line, so as 
to read, "interest, premium and fines." 

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

Approved April i, 1885. 

An Act relating to the inspection and sale of certain oils. (77ia7?.122 

Be it enacted, etc., as follows: 

Section 1. No person shall sell or keep for sale at i"^pectio"of 
retail, tor illuminatmo; purposes, any kerosene, reiined natingoiisto be 

,1 I \. n J. ^ 1 /i sold at retail. 

petroleum, or any product oi petroleum, unless the same 
has been inspected and approved by an inspector duly 
authorized by some city or town in this Commonwealth. 
Any town, or the city council of any city, may adopt such 
ordinances, by-laws and regulations in relation to the 
inspection of such of the above mentioned oils as have not 



588 1885. — Chapter 123. 

been inspected and approved by some inspector duly 
authorized as above, as they may deem reasonable, not 
inconsistent with the provisions of this act and of chapter 
one hundred and two of the Public Statutes. 
Penalties. Section 2. Any pcrson violating the provisions of the 

preceding section shall be punished by a tine of not more 
than one hundred dollars, or by imprisonment in the 
county jail or house of correction for not more than one 
month, or by both said penalties, in the discretion of the 
court. 
Repeal of ^ Section 3. ScctioH scvcu of chapter fifty-nine of the 

i882;'256 Public Statutes and chapter two hundred and fifty of the 

acts of the year eighteen hundred and eighty-two are 
hereby repealed. Approved April 3, 1885. 

Chctp.l.2iD ^^ ^^"^ RELATING TO SURVEYORS OF HIGHWAYS, AND TO TREES IN 

HIGHWAYS. 

Be it enacted, etc., as follows : 

Towns may vote SECTION 1. ScctioH twclvc of chaptcr tweuty-scven of 
mm^^ey for shade ^j^^ p^^^jj^ Statutcs is amended 60 as to read as fol- 
lows : — A city or town may grant and vote a sum not 
exceeding fifty cents for each of its ratable polls in the 
preceding year to be expended in planting, or in encour- 
aging the planting by the owners of adjoining real estate, 
of shade trees upon the public squares or highways, and 
may plant such trees subject to the provisions of section 
six of chapter fifty-four. 
Officer appoint- Section 2. Scctioii tcu of chapter fifty-two of the 
fop off't^es'and Public Statutcs is amended so as to read as follows: — 
The officer appointed to have the care of the trees be- 
longing to a city or town and his assistants, but no other 
person, except as is provided in the following section and 
in section ten of chapter fifty-four, may, and when 
required by the surveyors of highways or road commis- 
sioners shall, trim or lop ofi" trees and bushes standing in 
highways, townways, streets or lanes, and, when ordered 
by a vote of the mayor and aldermen, selectmen or road 
commissioners passed after public notice and hearing 
shall cut down and remove such trees ; and the surveyors 
of highways and road commissioners shall forthwith 
cause to be dug up and removed whatever obstructs such 
ways, or endangers, hinders or incommodes persons 
travellinff thereon : and shall forthwith cause snow to be 



bushes. 



1885. — Chapters 124, 125. 589 

removed from such ways or to be so trodden down as to 
make the ways reasonably safe and convenient. 

Section 3. Sections nine and twelve of chapter fifty- Repeal. 
four of the Public Statutes are repealed. 

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

Approved April 3, 1885. 

An Act to authorize savings banks and institutions for (JJiap.\24: 

SAVINGS to invest IN CERTAIN CITY BONDS. 

Be it enacted, etc. , as foHoivs : 

Chapter two hundred thirty-one of the acts of the May invest in 
year eishteen hundred and eighty-two is hereby amended having more 
by striking out the word " fifty," preceding the word 8a™i-S[.^°"' 
"thousand" in the tenth line, and inserting the word *^°'^- 
" thirty " in lien thereof, so as to allow savings banks 
and institutions for savings to invest in the bonds of the 
cities in the states therein mentioned which have more 
than thirty thousand inhabitants. 

Approved April 5, 1885. 



An Act to provide for sickness or absence op an officer 

SERVING AN execution. 

Be it enacted, etc., as follows: 



Chap.125 



Section 1. When an officer has begun to serve an when an officer 



to' 



whohas com- 



execution, and dies, or is incapable of completing the ser- mence'd service 
vice and return thereof, the same may be completed by dfjs" et^!,'^?he°" 
any other ofiicer who might by law have served the exe- coinpietld by^ 
cution if originally delivered to him ; or in case of sick- another. 
ness or absence the judgment creditor or the officer who 
began to serve the execution may delegate any other ofii- 
cer who might by law have served the execution if origin- 
ally delivered to him, temporarily to act for him during 
said sickness or absence. If the tirst officer has not made 
a certificate of his doings, the second officer shall certify 
whatever he finds to have be6n done by the first officer, 
and shall add thereto a certificate of his own doings, 
whether the same be in part or wholly completing the ser- 
vice. 

Section 2. Section fifty-four of chapter one hundred Kfrn, §o4. 
and seventy-one of the Public Statutes is hereby repealed. 

App7'oved April 3, 1885. 



590 1885. — Chapters 126, 127. 

Ch(ip.\2G -A^N Act authorizing the naumkeag street railway company 

TO ISSUE MORTGAGE BONDS. 

Be it enacted, etc., as follows : 

fuYmortgM°e^* Section 1. The Naumkeag Street Railway Company 
franciiise aud by a vote of a majority in interest of its stockholders at a 

property as •^. m i r \.i. 

security. meeting callea tor the purpose, may issue coupon or regis- 

tered bonds to an amount not exceeding one hundred 
thousand dollars in addition to any bonds heretofore 
authorized, for a term not to exceed fifteen years from the 
present year ; and to secure the payment thereof, with 
interest thereon, the said company may make a mortgage 
of its road and franchise and any part or all of its other 
property, and may include, in such mortgage, property 
thereafter to be acquired. Said company may in such 
mortgaire 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, dam- 
aged or otherwise unsuitable to be used in the operation 
of its road : provided, that an equivalent in value be sub- 
stituted in lieu thereof. 
Te^i'med^byper- Section 2. All bouds so issued shall first be approved 
son appointed by somc pcrsou appointed by the corporation for that pur- 

lor that purpose. " iinw iiii •• i 

pose, who shall certity upon each bond that it is properly 
issued and recorded. 

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

Approved April 3, 1885. 

Chan.127 ^^ ^^'^ concerning an erroneous ASSESSMENT OF THE COUNTY 
TAX BY THE COUNTY COMMISSIONERS OF MIDDLESEX COUNTY IN 
THE YEAR EIGHTEEN HUNDRED AND EIGHTY-THREE. 

Be it enacted, etc., as follows: 

f/P„°IllT™™= Section 1. The county commissioners of Middlesex 
County shall make an apportionment of the county taxes 
of that county for the year eighteen hundred and eighty- 
three, according to the valuation made in the seventy-first 
chapter of the statutes of that year, shall compare said 
apportionment with the apportionment actually made and 
certified by them in that year, noting in detail the differ- 
ence between the two and shall record the same, all before 
certifying the apportionment of the county taxes of said 
county for the present year. 

Errors to be SECTION 2. Thcv shall apportion the county taxes of 

the current year upon the basis ot said statute, and having 



of county taxes. 



corrected. 



1885. — Chapter 128. 591 

thus made said apportionment they shall add to or sub- 
tract from the amounts apportioned upon the respective 
cites and towns in said county such sums as shall rectify 
the errors, if any, made in the apportionment of eio^hteen 
hundred and eighty-three as ascertained and recorded in 
the manner provided in the preceding section hereof, and 
the apportionment as thus modified shall stand as the true 
and legal apportionment of the county taxes for the cur- 
rent year and shall be certified accordingly by the com- 
missioners to the assessors of the respective cities and 
towns. 

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

Approved April 3, 1885. 

An Act to incorporate the improved dwellings association. (7/i«?9.128 

Be it enacted, etc. , as foUoios : 

Section 1. Nathaniel J. Bradlee, Richard H. Dana, Corporators. 
Charles W. Dexter, Arthur B. Ellis, George S. Hale, 
Alice N. Lincoln, Ida M. Mason, George O. Shattuck, 
their associates and successors, are hereby made a cor- 
poration for the term of thirty years by the name of the Xameandpur- 
*' Improved Dwellings Association," in the city of Boston, ^"^^' 
to hold and improve real estate in said city for the pur- 
pose of erecting, maintaining, leasing and improving 
homes for working people and others of moderate means, 
and to promote the adoption of modes of building and 
enforcement of sanitary regulations calculated to secure 
the comfortable and healthful condition of structures so 
occupied ; subject to the provisions of chapters one hun- 
dred and five and one hundred and six of the Public 
Statutes and to all general laws which now are or may 
hereafter be in force relating to such corporations. 

Section 2. Said corporation shall have power to buy, May buy and 
sell and hold real estate for the purposes aforesaid, not '"'^ 
exceeding two hundred and fifty thousand dollars in value. 

Section 3. The capital stock of said corporation shall and shires."^ 
not exceed two hundred and fifty thousand dollars to be 
divided into shares each of the par value of one hundred 
dollars, and the dividends on said shares shall not exceed 
«ix per cent, per annum on the par value thereof. 

Section 4. Any surplus accumulated by said corpora- sinking fund. 

tion shall be used as a sinkinof or reserve fund, or in 
• • • 1 

improving the condition or increasing the number or the 

extent and capacity of the buildings occupied for such 



592 



1885. — Chapters 129, 130. 



Pro^Tso. 



Chap 



homes : provided, Jiotvever, that the rentals from all the 
property owned by said corporation shall be limited to 
such rates as will after paying six per cent, for every 
year maintain said sinking or reserve fund at a sum not 
exceeding fifty thousand dollars. 

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

Approved April 3, 1885. 

-log An Act to amend an act to authorize tde cities of boston 

AND CAMBRIDGE TO CONSTRUCT AND MAINTAIN A BRIDGE OVER 
CHARLES RIVER. 

Be it enacted, etc., as follows: 
Draw to con- The first scctloH of the one hundred and fifty-fifth chap- 

toXawsl'ii"'^"'' ^^^ ^^ ^^^ ^^^^ ^^ ^^® year eighteen hundred and eighty- 
bridges beiow. two, entitled "An Act to authorize the cities of Boston 
and Cambridge to construct and maintain a bridge over 
Charles River," is amended so as to require that said 
bridge shall have a draw with a clear opening of at least 
thirty-six feet in width for the passage of vessels, and 
shall not be required to have a draw of greater width, 
until the several bridges over Charles River below said 
bridge are required to have draws of a greater clear open- 
ing than thirty-six feet, when the draw in said bridge 
shall be widened so as to conform thereto. 

Approved April 3, 1885. 



Chap.lSO 



Leases con- 
firmed. 



May increase 
number of direc- 
tors. 



An Act to authorize and confirm certain leases to the 
boston and lowell railroad corporation, and to increase 

THE number op ITS DIRECTORS. 

Be it enacted, etc., as follows: 

Section 1. The lease of the Northern Railroad, dated 
the eighteenth day of June eighteen hundred and eighty- 
four, and the lease of the Boston, Concord and Montreal 
Railroad, dated the nineteenth day of June eighteen hun- 
dred and eighty-four, to the Boston and Lowell Railroad 
Corporation, are hereby authorized, ratified and confirmed, 
and said Boston and Lowell Railroad Corporation may 
take a lease of either of said railroads in accordance with 
the general laws of the Commonwealth. 

Section 2. The Boston and Lowell Railroad Corpora- 
tion is authorized to increase the number of its directors 
from seven to eleven. 

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

Approved April 3, 1885. 



1885. — Chapters 131, 132, 133, 134. 593 

An Act to increase the district police. C/ift?9.131 

Be it enacted, etc., as follows: 

Section 1. The governor may appoint four district ■^f^'^'tionai dis- 

-II'- 11 ji • T ti'ict l>olice 

police omcers, in addition to the number now authorized officers. 
by chapter one hundred and three of the Public Statutes, 
in such districts ,as he shall deem best : provided, that 
the whole district police force shall not exceed twenty 
men. 

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

Approved April 3, 1885. 

An Act to authorize the justices of municipal, police and (7/irt7?.132 

DISTRICT courts TO INTERCHANGE SERVICES. 

Be it enacted, etc., as folloios: 

The justices of municipal, police and district courts justices may 
may interchange services or perform each other's duties vlces?''*"^** ^'^^ 
"when they find it necessary or convenient. 

Approved April 3, 1885. 

An Act to prevent the wilful defacing and misuse of milk njjffjj 1QQ 

CANS. 

Be it enacted, etc., as follows : 

Section 1. Whoever without the consent of the owner Penalty for de- 
thereof knowingly and wilfully effaces, alters, or covers ^''^'"s"'* «""'*• 
over, or procures to be effaced, altered or covered over 
the name, initial or device of any dealer or dealers in 
milk, marked or stamped upon a milk can or cans, or 
whoever with intent to defraud and without such consent 
detains or uses in his business any such can or cans 
having the name, initial or device of any dealer or dealers 
in milk so marked or stamped thereon, shall be punished 
by a fine not exceeding ten dollars. 

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

Approved April 3, 1885. 



An Act authorizing the superior court to hold sessions by (7A«7?.134 
adjournment at brockton in the county of plymouth. 

Be it enacted, etc. , as follows : 

Section 1. The justices holding the respective terms Terms of super- 
of the superior court in and for the county of Plymouth adjoumm'ent 
shall have the same power to adjourn any of the estab- [oTro^kton."''* 
lished terms of said court for said county from Plymouth 



594 1885. — Chapters 135, 136. 

to Brockton in said county of Plymouth, as they now 

have to adjourn from one shire town to another ; any 

adjournment so made shall have the same effect as if made 

from one shire town to another, and shall be subject to all 

the provisions of law relating to adjournments from one 

City of Brockton shirc towu to auothcr : provided, the city of Brockton 

commo'datio'^ns ^^^^^ provldc and maintain suitable accommodations for 

foi the court, said court, the same to be at no expense to said county 

except that the county commissioners of said county may 

authorize said city of Brockton to use the whole or any 

part of the furniture referred to in section two of this act, 

in furnishing said accommodations. 

water to be'rl-^" Section 2. The couuty commissioners of said county 

imbursed for arc hcrebv authorized and directed to re-imburse the town 

expenses of.^'' 

courtroom. of Bridgcwatcr for expenses incurred by said town in 
providing and furnishing a room for the holding of the 
terms of said court adjourned from Plymouth and held in 
Bridgewater since the passage of the act allowing such 
adjournments in chapter forty-eight of the acts of the year 
eighteen hundred and eighty, and upon such re-imburse- 
ment the furniture used by said town therefor shall be- 
come the property of said county. 

Repeal. Section 3. So much of section eighteen of chapter one 

hundred and fifty-two of the Public Statutes as authorizes 

said court to adjourn any established term in and for said 

county of Plymouth to Bridgewater is hereby repealed. 

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

Ai^proved April 5, 1885. 

(J/iaiJ.\35 -^"^ -^^"^ ALLOWING SPECIAL AND TKIAL JUSTICES TO RECEIVE FEES 

FOR TAKING BAIL. 

Be it enacted, etc., as follows : 
Fees for taking SECTION 1. Scctiou fifty-oue of chapter two hundred 

bail in criminal /•itiii- -ii 

cases. and twelve of the Public Statutes is hereby amended so 

as to read as follows : — No justice of any court shall be 

allowed to receive any fee or compensation for taking and 

approving bail in criminal cases in the county of Suffolk. 

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

Approved April 3, 1885. 

(7/ittZ).136 ^^ ^^"^ RELATING TO RECOGNIZANCE OF WITNESSES IN CERTAIN 

CASES. 

Be it enacted, etc., as follows: 

Section 1. A court or justice which adjourns, under 
the provisions of section twenty-six of chapter two hun- 



1885. — Chaptees 137, 138. 595 

drcd and twelve of the Public Statutes, the examination Material wu- 
or trial of a defendant charged with an offence punishable boumi b/?ecog- 
with death or imprisonment for life, may bind by recog- app^eTrVt'a fur- 
nizance the material witnesses against 'the prisoner to [|'Q'j[f„^^™'j"j^j^ 
appear and testify at the time and place to which the trial •^^c., cases. 
or examination is adjourned. The fee for taking such 
recognizance shall be twenty cents. 

Section 2. The provisions of sections thirty-seven, p[^ 8T'2r2! §§37- 
thirty-eight, thirty-nine, forty and forty-one of said chap- ^i- '° -''PP'y- 
ter, so far as applicable, shall apply to recognizances 
taken under the provisions of this act. 

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

Approved April 3, 1885. 

An Act to establish the salary of the clerk of the municipal QJiapA37 

COURT OF THE CITY OF BOSTON FOR CRIMINAL BUSINESS, AND TO 
PROVIDE AN ADDITIONAL ASSISTANT CLERK FOR SAID COURT. 

Be it enacted, etc., as follows: 

Section 1. The clerk of the municipal court of the salary of cierk. 
city of Boston for criminal business shall receive an an- 
nual salary of three thousand dollars. 

Section 2. The clerk of the municipal court of the Additional 

., f rt i n ji A ,' f '-ii • assistant clerk : 

City ot iioston, for the transaction of crmiinal business salary. 
may, subject to the approval of the justices of said court 
or a majority of them, appoint an additional assistant 
clerk for said court, who shall receive an annual salary of 
fourteen hundred dollars; all provisions of existing laws 
relating to the appointment, removal, payment, authority 
and qualifications of the present assistant clerks of said 
court shall apply to said additional assistant clerk. 

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

Approved April 3, 1885. 

An Act TO authorize the town of marlborough to make an (J]icm.\o^ 

ADDITIONAL WATER LOAN. 

Be it enacted, etc., as follows: 

Section 1. The town of Marlborough, for the pur- Marlborough 
poses mentioned in section four of chapter one hundred ^^'^'■^°^"- 
and ninety-one of the acts of the year eighteen hundred 
and eighty, may issue notes, bonds or scrip, to be de- 
nominated on the face thereof Marlborough Water Loan, 
to an amount not exceeding fifty thousand dollars in addi- 
tion to the amounts heretofore authorized by law to be 



596 



1885. — Chapter 139. 



Whole amount 
not to exceed 
$250,000. 



issued by said town for the same purposes ; said notes, 
bonds or scrip to be issued upon the same terms and con- 
ditions and with the same powers as are provided in said 
act for the issue of the Marlborough Water Loan by said 
town : pi'ovided, that the whole amount of such notes, 
bonds or scrip issued by said town, together with those 
heretofore issued by said town for the same purposes, 
shall not in any event exceed the amount of two hundred 
and fifty thousand dollars. 

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

Approved April 3, 1885. 

C'/ittl>.139 ^^ ^^"^ TO AUTHORIZE THE CITY OF WORCESTER TO TAKE THE OLD 
COMMON FOR THE PURPOSES OF A PUBLIC PARK OR A CITY HALL. 

Be it enacted, etc., as follows: 

Section 1. The city of Worcester is hereby author- 
ized, by its city council, to acquire by purchase or to take 
for the purposes of a public park, or for the purposes of a 
city hall, all the title and interest of the first parish in 
Worcester, in the old common in said city. 

Section 2. Said city shall, within thirty days after its 
city council shall vote to take said title and interest, cause 
a certified copy of the vote to be served upon said parish 
in the manner provided in chapter one hundred and sixty- 
one, section thirty-five of the Public Statutes ; and the 
return of the officer making the service, being recorded 
with a certified copy of said vote in the registry of deeds 
for the county of Worcester, shall be evidence of such 
service. 

Section 3. Said city shall be liable to pay all damages, 
if any, which shall be sustained by said parish by the 
taking of its title and interest in said common, including 
the building situated on said common belonging to said 
parish, by authority of this act; and if said parish shall 
not agree with said city upon the amount of said damages, 
said parish may apply by petition for the assessment of 
said damages, within one year after it shall have notice 
of the passage by said city council of the vote to take 
said title and interest, to the superior court in the county 
of Worcester ; and said court shall thereupon, after due 
notice to said city, appoint three commissioners, who, 
after hearing the parties, shall assess said damages ; and 
the award of said commissioners or of a major part of 
them, being returned into and accepted by said court, 



May take the 
old common for 
a public park. 



Copy of vote to 
be served upon 
the first parish. 



Liability for 
damages. 



1885. — Chapter 139. 597 

shall be final and judgment shall be rendered thereon for 
the prevailing party with costs, unless one of said parties 
shall claim a trial by jury as hereinafter provided. 

Section 4. If either of said parties shall be dis- Either party 
satisfied with the amount of damages awarded by said "i'Sbyjury. 
commissioners, such party may, at the term at which 
said award is accepted or the next term thereafter, claim 
a trial by jury ; and said court shall thereupon order a 
trial to be had at the bar of said court in the same man- 
ner in which other civil causes are there tried by jury. 

Section 5. The said city may at any time after the city may offer 
entry of said application offer in court, and consent in gum^spL'med'' 
writing, that a sum therein specified may be awarded as "g^'^amag'Isf'^^'^ 
damages to said parish ; and if said parish shall not accept 
the same within thirty days after it has received notice of ^^"o* accepted 

• t ' ^ r t • 111 Within thirty 

said offer, or within such further time as the court shall days to have 
for good cause grant, and shall not finally recover a tender. 
greater sum than the sum offered, not including interest 
on the sum recovered in damages from the date of the 
offer, the said city shall be entitled to recover its costs 
after said date ; and said parish if it recovers damages 
shall be allowed its costs only to the date of the offer. 

Section 6. Said parish may occupy and use the Parish may 

.., I. f ' 1 r c I. r occupy meeting- 

meeting-house standing on said common tree oi rent for house for one 

one year after it shall have notice of the passage of such yfce'^o^/notice. 

a vote by said city council, and may within said time, 

with the leave of the mayor and aldermen, remove said 

meeting-house from said common ; and said parish shall 

within said time cause the pews in said meeting-house to pewstobe 

be appraised in the manner provided in chapter thirty- ^pi^''''*^^*^- 

eight, sections twenty-two, thirty-six and thirty-seven of 

the Public Statutes, and the appraised value of said pews Appraised value 

1 I r ^ -1 • 1 V t" ''e PaiJ to 

shall be paid to the owners thereof by said parish from owners. 
the money received from said city as the price of the title 
and interest of said parish in said common or as damages 
for the taking thereof as herein provided. Any balance 
of money so received from said city after paying the Balance for par- 
owners of pews the appraised value thereof shall be ex- '^^^ p^^'^p^^^^- 
pended for parish purposes and for no other purposes 
whatever. Approved April 3, 1885. 



598 



1885. — Chapters WO, 141, 142. 



CA«/).140 "^^ ^^^ RELATING TO THE ELECTION OF THE MEMBERS OF THE 
BOARD OF WATER COMMISSIONERS OF THE TOWN OF WESTFIELD. 



Beit enacted, etc., as follows, 



To hold office 
for three years 
from date of 
election. 



Section 1. The members of the present board of water 
commissioners of the town of Westfield shall severall}'^ hold 
their offices for the term of three years from the day of 
their election. The said town at its annual town meeting 
in the year eighteen hundred and eighty-six, and at each 
One to bo elected auuual town meeting thereafter, shall elect by ballot one 
such commissioner for the term of three years. 

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

Approved April 3, 1885. 



each year. 



Chap.Ul 



Summoning 
witnesses. 



Proviso. 



An Act in relation to summoning of witnesses. 
Be it enacted, etc., as follows : 

Section 1. Every clerk of a court of record and every 
justice of the peace may issue summonses for witnesses in 
all cases pending before courts, magistrates, auditors, 
referees, arbitrators and other persons authorized to exam- 
ine witnesses ; and the summons shall be in the form here- 
tofore adopted and commonly used, but may be altered 
from time to time like other writs : provided, however, 
that justices of the peace shall not issue summonses for 
witnesses in criminal cases unless requested so to do by 
the attorney-general or other person acting in the case in 
behalf of the state, or by the party prosecuted, and, in 
the hitter case, it shall be expressed in the summons that 
it is granted at the request of the party prosecuted ; and 
the witness shall not be required to attend unless upon 
payment or tender of his legal fees. 

Section 2. Section three of chapter one hundred and 
fifty-five and section one of chapter one hundred and sixty- 
nine of the Public Statutes and chapter two hundred and 
forty-seven of the acts of the year eighteen hundred and 
eighty- four are hereby repealed. 

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

Approved April 8, 1885. 

GllClB 142 ^^ "^^^ ^^ RELATION TO POLLING PLACES IN CITIES. 

Be it enacted, etc. , as follows : 

j^^^endment to Scctiou five of chaptcr two hundred and ninety-nine of 
the acts of the year eighteen hundred and eighty-four is 
amended so as to read as follows : — The board of alder- 



Kepeal of P. S. 

105, §3, 169, §1, 
1884, 247. 



1885. — Chapter 143. 599 

men of each city, ten days at least before the day of any Poiiing places to 
special election and thirty days at least before the day of amfnouce to'' be 
any other election held in said city, shall designate and public place" in 
appoint the polling place for each of the voting precincts precinct. 
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 public notice 
thereof as they may think necessary or proper. Such 
polling place shall be in the most public, orderly and con- 
venient portion of the precinct : provided, that when no proviso. 
convenient polling place can be had within the territorial 
limits of any precinct, the mayor and aldermen are author- 
ized to designate and appoint one in some convenient place 
within the limits of any of the adjoining precincts of such 
city ; and for such purposes the place so designated and 
appointed for the polling place of such precinct shall be 
deemed and taken to be included in and part of said pre- 
cinct, as though the same was within the territorial limits 
thereof. No building or part of a building shall be desig- Building not to 
nated, appointed or used as a polling place in which, or in wlie^e'^Ttoxl 
any part of which, intoxicating liquor is sold, or has been <=aut8 are sold. 
sold within thirty days next preceding the day of election. 

Approved April 8, 1885. 



Chap.l-i^ 



An Act to incorporate the feeding hills old cemetery 
association in the town of agawam. 

Be it enacted^ etc., as follows: 

Section 1. Samuel Flower, George Burbank and Ed- Feeding niiis 

T -r-» T 1 1 • • 1 ^^^ Cemetery 

ward Jr. J^eonard, their associates and successors, are Association lu- 
hereby made a corporation by the name of the Feeding *'"''^'°''^*'' ■ 
Hills Old Cemetery Association, for the purpose of con- 
trolling, caring for and improving the grounds set apart 
and known as the Old Burying Ground, situated and lying 
within one enclosure in the village of Feeding Hills, so 
called, in the town of Agawam ; and said corporation shall 
have all the powers and privileges, and be subject to all f°jYg®"^°^ 
the duties, restrictions and liabilities, set forth in the 
general laws which now are or hereafter may be in force 
applicable to similar corporations. 

Section 2. Said association is hereby authorized to May take the oid 
take possession and assume legal control of said burying "'^y'"^ s*^""" 



600 1885. — Chapters 144, 145. 

ground, and may acquire by gift, bequest, devise or pur- 
chase, and may hold, so much personal property as may 
be necessary for the objects connected with and appropri- 
ate for the purposes of said association : provided, that 
nothinor herein contained shall affect the indiwdual rights 
of proprietors in said cemetery. 
damage™* °^ SECTION 3. Any person aggrieved by the provisions 
of this act may, at any time within one year after this act 
takes efl'ect, apply by petition to the superior court for 
the county of Hampden, and bis damages, if any, shall be 
assessed and determined by and under the direction of said 
court, and shall be paid by said Feeding Hills Old Ceme- 
tery Association. 

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

Approved April 8, 1885. 



Chap.14.4: 



An Act respecting the form op complaints in certain 
criminal prosecutions. 

Be it enacted, etc., asfolloivs: 

Form of com- Scctiou scventeeu of chapter two hundred and thirteen 
criminal prose- of the Public Statutcs is hd'cby amended so that the same 
shall read as follows : — In any prosecution by complaint, 
indictment or otherwise, founded on a special act of the 
legislature, an ordinance or by-law of a city or town, an 
order of the mayor and aldermen, rules of the civil service 
commissioners, or of a board of health or of a board of 
police or fire commissioners, it shall be sufficient to set 
forth the offence fully, plainly, substantially and formally ; 
and no part of such law, ordinance, by-law, order or 
rules need be set forth. Approved Aprd 8, 1885. 



Chap.l4:5 



An Act repealing section twelve of chapter fifty-seven op 
the public statutes concerning milk cans. 

Be it enacted, etc., as follows: 

Cans of any Section 1. Scctiou twclvc of cbaptcr fifty-seven of 

capacity may be ,-r-v,,.o ij- .ji i n i^i^ 

used in sale of thc Fubiic btatutcs, relating to the number oi quarts that 
a milk can shall hold, is hereby repealed. 

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

Approved April 8, 1885. 



Powers and 
duties. 



1885. — Chapter 146. 601 

An Act to incorpobate the malden public library. C7lCl7}A4:G 

Be it enacted, etc., as follows: 

Section 1. The trustees of the Maiden Public Library Maiden Pubuc 
for the time being, and their successors, are hereby made ^''''^'"^>- 
a corporation by the name of the Maiden Public Library, 
for the purpose of establishing and maintaining a public 
library in Maiden, with all the powers, rights and privi- 
leges, and subject to all the duties, limitations and 
restrictions, set forth in all general laws which are or may 
be in force in this Commonwealth applicable to such cor- 
porations. 

Section 2. Said corporation shall have authority to Reaiandper- 
hold real and personal estate to the amount of two hun- ^°°'' 
dred thousand dollars for the purposes aforesaid, in addi- 
tion to books and objects of curiosity and art. 

Section 3. The corporation shall consist of the mayor. Board of trus- 
the chairman of the board of aldermen, and the president 
of the common council of the city of Maiden, for the time 
being, who shall be members ex officiis, and nine other 
citizens of Maiden, who shall constitute a board of trus- 
tees, and whose terms of office shall be as follows : — The 
members ex officiis for the terms of their respective offices, 
and the remaining trustees for the terms for which they 
may be elected. The present trustees of the Maiden 
Public Library shall continue in office for the remainder 
of their respective terms and until their successors are 
chosen. Annually in the month of January thereafter 
the said board of trustees shall elect three persons, citi- 
zens of Maiden, who shall be members of said board for 
three years from the first day of February in the year of 
their election, and until their successors are chosen. 
Whenever a vacancy shall occur in the board of trustees vacancies in 
by death, resignation or otherwise, the remaining trustees 
shall till such vacancy by an election for the unexpired 
term. If the board of trustees shall fail for three mouths 
to elect its members in accordance with the provisions of 
this act, the city council shall forthwith proceed to an 
election by concurrent vote. No member of the board of '^° ''®'Tt^n»^ 

J ^ ... ^^^ compensa- 

trustees shall receive compensation for his services. tion. 

Section 4. The city of Maiden is authorized to city may trans 
transfer and convey to said corporation all funds, gifts uon°fund8°'^'* 
and bequests which are or may be held and enjoyed by it ^°°''*' ''*°- 
for the purposes of a public library, to be held and 



C02 1885. — CHArTEK 1^7. 

applied in the same manner as they are or may be held 
and applied by the city, and all books, pamphlets, objects 
of curiosity and art, and other property of the Maiden 
Public Library, to be held by said corporation in the 
same manner as such property may be held by the city 
for the use of the inhabitants of Maiden, under reasonable 
regulations made or to be made by the corporation. 
Inhabitants to SECTION 5. Said corporatiou shall allow the inhabi- 
library under tauts of Maiden free use of said library under reasonable 
u^atiwTs. ^"^ restrictions and regulations. Said city may appropriate 
and pay annually towards defraying the expense of main- 
taining and increasing said library such sum or sums as 
may be legally appropriated and paid by cities and towns 
for such purposes. Said city may also pay to said corpo- 
ration for the use of the library any money by law appli- 
Reporttobe Cable to the use of a city library. The trustees shall 
"uncn°annu- rcudcr to the city council annually in the month of Janu- 
aiiy. ary a report of their proceedings, and a statement of the 

condition of the library, its property and funds, the num- 
ber of books added during the year, with an accurate 
account of all receipts and expenditures, together with 
any other information or suggestions which they may 
deem desirable. 
Subject to Section 6. This act shall take effect upon its accept- 

the city council, aucc by the aldermen and common council of the city of 
Maiden. Approved April 9, 1885. 

(J/ia7).14:7 ^^ ^^^ RELATING TO RENT OF ARMORIES. 

Be it enacted, etc., as follows. • 

^"rcertmed"^ SECTION 1. Scctiou niuety-cight of chapter fourteen 
under oaiii, to of the Public Statutcs is amended so as to read as fol- 
gene^'iT''*"'" lows : — The mayor and aldermen of cities and selectmen 
of towns shall annually, in October or November, trans- 
mit to the adjutant-general a certilicate verified by oath 
or affirmation of at least two of their board, showing the 
name of each militia organization or headquarters fur- 
nished with an armory, the amount paid or charged for the 
rent thereof, and that the said rent is fair and reasonable 
according to the value of real estate in their place. 

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

Approved April 9, 1885. 



1885. — Chapters 148, 149. 603 

An Act to aid in the suppression of contagious diseases Cjliny) \^ 

AMONG domestic ANIMALS. 

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

Section 1. Whoever has knowledge of the existence Notice to be 
of a contagious disease among any species of domestic dileasMUnimais 
animals in this state, whether such knowledge is obtained "'■ekept. 
by examination or otherwise, shall forthwith give notice 
thereof to the board of aldermen of the city or the select- 
men of the town where such diseased animals are kept, 
and for failure so to do shall be punished by a fine not 
exceeding five hundred dollars, or by imprisonment in Penalty. 
jail not exceeding one year. 

Section 2. The board of aldermen of a city or the cattie commis- 
selectmen of a town having received notice of a contagious Mtmed fonh- 
disease among domestic animals in their city or town, ^''''• 
shall forthwith inform the board of cattle commissioners 
of the existence of such contagious disease. 

Section 3. Section three of chapter ninety of the Animals to be 
Public Statutes is hereby amended so as to read as fol- "pp""®*^ " 
lows; — They may cause all such animals, except those 
infected with glanders or ftu-cy, to be appraised by three if infected with 
competent and disinterested men, under oath, at the blTkmed.*^'" ' '° 
value thereof at the time of the appraisement, and the 
amount of the appraisement shall be paid as provided in 
section one ; and ihey shall cause all animals infected 
with glanders or farcy to be killed without appraisement ; 
but may pay the owner an equitable sum for his services 
in the killing, and for any reasonable expense incurred by 
the burial thereof. 

Section 4. The cattle commissioners, in the necessary May administer 
discharge of their duties, may administer oaths. 

Section 5. This act, except for the enforcement of 
the penalty prescribed in section one, shall take effect 
upon its passage. Approved April 9, 1885. 

An Act relating to the jurisdiction of municipal, district (7/^(^7), 149 
and police courts in cases concerning the inspection and 
sale of milk. 

Be it enacted, etc., as Jollows: 

Section 1. Municipal, district and police courts and concurrent 

J.,... iii-ji- ,• ,. jurisdiction witli 

trial justices shall, m their respective counties, concur- superior court 
rently with the superior court, have jurisdiction of cases splfcuon.'ctc"; of 
arising under the provisions of chapter fifty-seven of the °^'"^- 



vinegar. 



604 1885. — Chapters 150, 151. 

Public Statutes relating to the inspection and sale of milk, 
and may impose the same penalties for any violation of 
the provisions of said chapter as therein provided. 

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

Approved April .9, 1885. 

C7lCinA50 ^^ ^^^ "^^ prevent the adulteration of vinegar. 

Be it enacted, etc.^ as follotvs: 

Merchantable Scctiou sccond of chapter three hundred and seven of 

the acts of the year eighteen hundred and eighty-four is 
hereby amended so as to read as follows : — All vinegars 
shall be without artificial coloring matter, and shall have 
an acidity equivalent to the presence of not less than four 
and one-half per cent, by weight of absolute acetic acid, 
and in the case of cider vinegar shall contain in addition 
not less than two per cent, by weight of cider vinegar 
solids upon full evaporation over boiling water ; and if 
any vinegar contains any artificial coloring matter or less 
than the above amount of acidity, or, in the case of cider 
vinegar, if it contains less than the above amount of 
acidity or of cider vinegar solids, it shall be deemed to be 
adulterated within the meaning of this act. 

Approved April 9, 1885. 



Oil an 1 51 ^^ ^'^^ ^^ relation to the lyman school for boys. 

Be it enacted, etc., as follows: 

Trustees may Section 1. The trustces of the state primary and 
fn"m8tborough. rcform schools are hereby authorized, with the approval 
of the governor and council, to purchase the Bela J. Stone 
fiirm, so called, in Westborough, for a sum not exceeding 
fourteen thousand dollars, and to receive a conveyance 
thereof, to be held by them in trust upon the same condi- 
tions and for the same purposes as they now hold the 
lands in said Westborough now occupied for the purposes 
of the Lyman School for Boys. 
May erect build- SECTION 2. Said trustccs mav, at an expense not ex- 

iiigs tobeknown , -^ . "^ , iin • iTi* 

and occupied as ccediug twcuty thousaud favc hundred dollars, in addition 
Schoo^iToTBoys. to the tiftceu thousand dollars authorized for the purposes 
of said school by chapter three hundred and twenty-three 
of the acts of the year eighteen hundred and eighty-four, 
erect upon said land such buildings as the governor and 
council shall approve, and when said buildings shall have 



1885. — Chapter 152. 605 

been so approved they shall be known and occupied as the 
Lyman School for Boys. The trustees may remove to 
said buildings, and may detain therein, all boys now con- 
fined in the buildings used and occupied as the Lyman 
School for Boys, under the sentence of any court, and all 
boys that may be hereafter committed to said school ; and 
may use and exercise therein the same authority and 
powers that they now use and exercise in reference to the 
said school. The removal to the said buildings as herein Removal not to 
provided shall not in any way impair the validity of the oTseluenc'e.' ^ 
sentence of any boy so removed, or abridge the authority 
of the superintendent of said school to detain any boy 
lawfully committed to said Lyman School for Boys. 

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

Approved April 9, 1885. 

An Act to incorporate toe cooley Dickinson hospital. CliclT) 1 52 
Be it enacted, etc., as follows: 

Section 1. George W. Hubbard, John Whittelsey corporators. 
and William H. Dickinson, the trustees named in the will 
of the late Caleb Cooley Dickinson of Hatfield, are hereby 
made a corporation by the name of The Cooley Dickin- Name and ijur 
son Hospital, and said trustees, their associates and sue- ^°*''" 
cessors in office, shall continue a body corporate for the 
purposes hereinafter set forth and set forth in said will ; 
with all the powers and privileges and subject to all the powers and 
duties and liabilities contained in all general laws now or '^"'^'^^• 
hereafter in force relating to such corporations. And the 
said Hubbard, Whittelsey and Dickinson shall hold ofiice 
as the incorporated trustees until their associates, substi- 
tutes or successors are chosen in the manner hereinafter 
provided and shall assume their offices. 

Section 2. Said corporation shall have authority to Real and per. 

1 1111 1 1 liii i.i sonal estate not 

buy and hold real and personal estate to an amount not exceeding 
exceeding two hundred and fifty thousand dollars includ- ^-^''■°°°- 
ing all the real and personal estate and the proceeds 
thereof bequeathed and devised in said will for the estab- 
lishment and maintenance of a hospital in Northampton, 
and an}^ and all real and personal estate which may be 
otherwise given, granted, bequeathed or devised to said 
corporation for the use and benefit of said hospital. 

Section 3. The number of the trustees of said corpo- Trustees not to 
ration shall never exceed seven ; and said corporation may exceed seven. 
at any legal meeting elect by ballot any citizen of the city 



606 1885. — Chapter 153. 

of Northampton or of either of said towns of Hatfield and 
Whately to he a member thereof. No person shall con- 
tinue a member of said corporation after ceasing to be a 
resident of one of said three places. 
officers" ° Section 4. Said corporation may chose and elect such 

officers as may be required to give effect to the purposes 
and provisions of said will, and is hereby authorized to 
accept, execute and perform any and all the other trusts 
arising under said will which the executors thereof or any 
special trustee might do. 

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

Approved April 10, 1885. 
ChcipJl53 -^N Act to confirm and establish the organization of the 

METHODIST EPISCOPAL CHURCH OF GREENFIELD, AND TO CON- 
FIRM ITS TITLE TO CERTAIN REAL ESTATE. 

Be it enacted, etc., as follows: 

maae"vlnd°" SECTION 1. All the acts and proceedings done towards 

the organization of the Methodist Episcopal Church of 
Greentield in the year eighteen hundred and thirty-four, 
so far as they are defective and invalid, are hereby made 
valid, ratified and confirmed. 
dSfobe' Section 2. The trustees of said church, elected at the 

lawful Buccess- ic-organization thereof on the sixth day of April, A. D. 
named in con- cighteeii huudrcd and sixty-one, and their successors in 
veyance. office, are hereby declared to be and are made the lawful 

successors of Sidney W. Andrews, Fordyce Hunter, 
Cyrus Davis, Mertimer Potter and Henry Sheldon, gran- 
tees named in a conveyance to them and their successors 
as trustees of said church, of a certain tract of laud therein 
described, situate on Church Street in said Greenfield, 
and dated October seventeenth, A. D. eighteen hundred 
and forty-nine, and duly recorded in the registry of deeds 
for the county of Franklin ; and the title to said tract of 
Title confirmed, land is hereby confirmed to the present board of trustees 
of said Methodist Episcopal Church and their successors 
and assigns forever, according to the manifest intention 
of said deed. 

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

Approved April 10, J 885. 



1885. — Chapters 154, 155. 607 

An Act to authorize george faulkner to maintain a float- (JJicnj,\54: 

ING boat-house on CHARLES RIVER IN THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section I. Permission is hereby given to George May maintain a 
Faulkner, of the city of Cambridge, to locate and main- houseon"''" 
tain a floating boat-house on Charles River in the city of ^ubTecuo'''^' 
Boston, near the Essex Street or Brookline Bridge, so ^pp-""'*'- '^"=- 
called, outside the harbor line established by law, subject 
to the approval in writing of the board of harbor and land 
commissioners and of the mayor and aldermen of the city 
of Boston as regards the mode of construction and location 
of said boat-house, the manner of anchoring or securing 
the same, and the term or terms of time for which the 
same may be maintained, and to all the provisions of 
chapter nineteen of the Public Statutes applicable thereto. 

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

Approved April 10, 1885. 



Chap.155 



An Act to establish the police court of the city of 

brockton. 

Be it enacted, etc., as follows: 

Section 1. The city of Brockton and the towns of Police court. 
Bridgewater and West Bridgewater shall- constitute a 
judicial district under the jurisdiction of a court to be 
called the Police Court of the city of Brockton ; said cierk. 
court shall be held in the city of Brockton and shall have 
a clerk. 

Section 2. There shall be one justice and two special ^"oipeculj^ua^- 
justices of said court, and the said justices and the clerk "ces. 
herein provided for shall be appointed in the manner and 
with the tenure of office respectively provided in the case 
of justices and clerks of police courts. All the provisions 
of law applicable to police and district courts shall be 
applicable to said court. 

Section 3. The justice of said court shall receive from salaries. 
the county of Plymouth an annual salary of sixteen hun- 
dred dollars, and the clerk thereof an annual salary of 
eight hundred dollars. 

Section 4. The first session of said court shall be held First session of 
on the first Monday in July in the year eighteen hundred 
and eighty-five. 

Section 5. All proceedings which may be pending proceedings 
before the first district court of Plymouth on said first ciiTtrict^counsto 
Monday in July shall be transferred to and determined by i>e transferred. 



608 1885. — Chapters 156, 157. 

First district the Said police court of the city of Brockton, and said first 
. ^|g|^j.j^^ court of Plymouth shall be abolished from that 
date, and thereafter all provisions of law specially relating 
to said first district court shall cease to have efiect. Ex- 
cept as above provided nothing in this act shall aflTect any 
suit or other proceeding begun prior to said first Monday 
in July. 

Section 6. This act shall take efl'ect upon its passage. 

Approved April 10, 1885. 



Chap.156 



An Act relating to the subdivision of cities for the pur- 
pose OF taking the decennial census. 

Be it enacted, etc., as follows: 
Subdivision of Section 1. The mayor and aldermen of any city which 
pUrof tak'/ng has complied with the provisions of section nine of chapter 
the census. ^^^ huudi'ed and eighty-one, acts of eighteen hundred and 
eighty-four, may divide said city into such subdivisions 
as may be agreed upon by the mayor and aldermen of said 
city and the chief of the bureau of statistics of labor, for 
the purpose of securing an enumeration of inhabitants and 
legal voters by such subdivisions instead of an enumeration 
by streets, squares and avenues as provided in said section 
nine of chapter one hundred and eighty-one, acts of eigh- 
teen hundred and eighty-four ; and the chief of said bureau 
shall upon the completion of such enumeration make a 
report of the results thereof to the clerk of such city, as 
provided in said section, and for the purpose of aiding 
such city to make a new division of its wards as provided 
by law. 

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

Approved April 13, 1885. 



Chap.157 



An Act providing for the improvement of public grounds 

IN towns. 

Be it enacted, etc. , as follows : 
Improvement of SECTION 1. Any town In the Commonwealth which 
Twusbycenaiu has public gFouuds or open spaces in any of its streets, 
corporations, highways or towHways which it may have designated or 
shall hereafter designate as not needed for public travel, 
may give the improvement thereof to corporations within 
its limits organized under the provisions of section 
eighteen of chapter one hundred and fourteen of the Pub- 
lic Statutes. Corporations which have or may hereafter 
have the improvement of such designated spaces given 



1885. — Chapters 158, 159. 609 

them, shall have the use, care and control thereof, and may 
grade, drain, curb, set out shade or ornamental trees, lay 
out flower plats, and otherwise improve the same, and 
may protect their work by suitable fences or railings ; sub- 
ject at all times to such directions as may be given by the 
selectmen or road commissioners. 

Section 2. Any person who shall wantonly, mali- Penalties. 
ciously or mischievously drive cattle, horses, mules or 
other animals, or drive teams, carriages or other vehicles, 
on or across such grounds or ways designated and given 
as provided in the preceding section, or shall remove or 
destroy any fence or railing erected by such corporation 
on such grounds or ways, or play ball or other games 
thereon, or otherwise interfere with or damage the work 
of such corporation, shall be subject to a fine not exceed- 
ing twenty dollars for each offence. 

Section 3. All fines recovered for violations of the Fines recovered 
preceding section shall be paid to the corporation having corporaUoiK 
the care of the property injured by such violation. 

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

Approved April 13, 1885. 



Chap.l5S 



An Act to furnish the state board of health, lunacy and 

CHARITY with AN OFFICER OF THE DISTRICT POLICE TO COLLECT 
CERTAIN INFORMATION FOR THE BOARD. 

Be it enacted, etc., as follows : 

The governor rflay, upon the request of the board of District police 
health, lunacy and charity, detail a district police officer detaiie"tofur- 
for the purpose of procuring and furnishing to the board and ev[de™(fe.'°'^ 
information relative to the parents and kindred of deserted 
and unprotected children ; and also for the purpose of fur- 
nishing necessary evidence with regard to bastardy cases 
wherein the board becomes by law a party in behalf of the 
state. Approved April 13, 1885. 



ChapA59 



An Act providing for the notification of election of cer- 
tain MUNICIPAL officers. 

Be it enacted, etc., as follows: 

Section 1. Any person elected mayor, alderman, com- to be noticed of 
mon councilman or member of the school committee, at aidermen? *^^ 
any election held in any city, shall be notified of his elec- 
tion by the board of aldermen ; any provision in the 
charter of any city or any act in amendment thereof to 
the contrary notwithstanding. 



610 1885. — Chapters IGO, 161. 

Notice to be SECTION 2. Siich DoticG sliall be issued by said board 

seven days. within seveii dajs after the time for declaring the results 

of such election has expired. 
When elected to SECTION 3. No Dcrson elected to any such office at any 

fill vacancy, not i , . .fi i 11 i -ii j i. j. • 

to act until spccial clection to till a vacancy shall be entitled to act m 
any official capacity as such officer by virtue of said elec- 
tion until such notice has been issued. 

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

Approved April 13, 1885. 



Chap.160 



An Act empowering the walnut grove cemetery corpora- 
tion OK danvers to hold property in trust for certain 

PURPOSES. 

Be it enacted, etc. , as follows : 
May hold prop- jije Waluut Grove Cemetery Corporation of Danvers 

erty for im- tiit ^ • i j.i? 

provementof may takc aud hold any grant, donation or bequest ot prop- 
cemetery. ^^^^ .^ trust, to apply the samc, or the income thereof, 

for the improvement or embellishment of its cemetery or 
any buildings, structures or fences erected or to be erected 
therein, or for the repair, preservation or renewal of any 
tomb, monument, gravestone, fence, railing or other erec- 
tion in or around any lot according to the terms of such 
grant, donation or bequest or otherwise ; and the supreme 
judicial or superior court shall have power to compel the 
execution of such trust. A2)proved April 13, 1885. 

CJiaV 161 -^^ ^*^^ RELA.TING TO THE PURCHASE AND SALE OF BOOKS BY 
"' SCHOOL COMMITTEES. 

Be it enacted, etc., as follovjs: 

Repeal of P. s. Section 1. Scctious thirty-fivc, thirty-six, thirty- 
seven, thirty-eight, thirty-nine and forty of chapter forty- 
four of the Public Statutes, relating to the purchase and 
sale of books by school committees, are hereby repealed. 

Apparatus and SECTION 2. School committecs may procure, at the 

books of refer- r -i -j. i. • j 'iU 

ence in schooiB. expcusc oi the City or towu, in accordance with appro- 
priations therefor previously made, such apparatus, books 
- of reference, and other means of illustration as they deem 
necessary for the schools under their supervision. 

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

Approved April 13, 1885. 



1885. — Chapters 162, 163. 611 

An Act to provide for the retirement of justices of the (JJinj) l g2 

SUPREME JUDICIAL COURT AND FOR THEIR COMPENSATION IN 
CERTAIN CASES. 

Be it enacted, etc., as follows: 

Any justice of the supreme judicial court after haviuo' Retirement of 

h, T I . . . , .1 . , ,. " justices of the 

eld his commission as such at least ten consecutive years aupreme judicial 

and having attained the age of seventy years, who shall '^°^^^' 
resign his office, shall during the residue of his natural 
life receive three-fourths of the salary which was by law 
payable to him at the time of his resignation, to be paid 
from the treasury of the Commonwealth in the same man- 
ner as the salaries of acting justices are paid. 

Approved April 14, 1885. 
An Act relating to public parks and shade trees in the QJiarf ^gQ 

CITY OP WORCESTER. 

Be it enacted, etc., as follows: 

Section 1. The board of park commissioners of the parkcommis- 
city of Worcester, in addition to the powers conferred by pows.'etcTof 
the one hundred and fifty-fourth chapter of the acts of the o^p^bfif °'" 
year eighteen hundred and eighty-two, shall have and grounds. 
exercise all the powers, aud be subject to all the duties, 
heretofore pertaining to the board of commissioners of 
public grounds and shade trees provided for in chapter . 
one hundred and ninety-nine of the acts of the year eigh- 
teen hundred and sixty-six, except as herein otherwise 
provided. 

Section 2. The powers and duties of said board of po^«''8 to e^- 

, .. ^ A -I ' l^ 1 f • ^ tend to all public 

park commissioners, enumerated in the acts or eighteen grounds in city. 
hundred and eighty-two, chapter one hundred and fifty- 
four, shall extend and apply to all public grounds and 
parks of said city, acquired before this act takes effect, 
except that said board of park commissioners shall have 
no authority to assess betterments in respect to any park 
or public grounds acquired before this act takes effect. 

Section 3. Said board of park commissioners may be organization of 
organized by the choice of a chairman and secretary from ^°^^^' 
their own number, and a major part of said board shall 
constitute a quorum for the transaction of business. 

Section 4. The annual report provided for in the Annual report. 
twelfth section of chapter one hundred and fifty-four of 
the acts of eighteen hundred aud eighty-two, and in the 



612 



1885. — Chapters 164, 165, 166. 



Repeal. 



To take effect 
May 1, 1885. 



twenty-first section of chapter one hundred and ninety- 
nine of the acts of eighteen hundred and sixty-si.x, shall 
be made in the month of March. 

Section 5. Section twenty-one of chapter one hun- 
dred and ninety-nine of the acts of eighteen hundred and 
sixtj^-six is hereby repealed. 

Section 6. This act shall take effect on the first day 
of May eighteen hundred and eighty-five. 

Approved April 14, 1885. 



OA«7?.164 ^^ ^^"^ CONCERNING THE COMPENSATION OF THE ACCOUNTANT OF 
THE BOARD OF RAILROAD COMMISSIONERS. 



Compensation 
of accountant. 



Repeal. 



Be it enacted, etc., as follows : 

Section 1. The board of railroad commissioners may 
allow as compensation to the accountant, authorized by 
section eleven of chapter one hundred and twelve of the 
Public Statutes, a sum not exceeding twenty-five hundred 
dollars per year. 

Section 2. So much of section ten of said chapter one 
hundred and twelve as is inconsistent with this act is 
hereby repealed. 

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

Approved April 14, 1885. 



Chap.165 ^^ ^^"^ "^^ ESTABLISH THE SALARY OP THE JUDGE OF PROBATE 
AND INSOLVENCY FOR THE COUNTY OF BRISTOL. 



Salary estab- 
lished. 



CJiap.166 



Corporators. 



Name and pur- 
pose. 



Be it enacted, etc, as follows : 

Section 1. The annual salary of the judge of probate 
and insolvency for the county of Bristol shall be two 
thousand dollars. 

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

A^ij^roved April 14, 1885. 

An Act to incorporate the greylock park association. 

Be it enacted, etc., as follows: 

Section 1. George B. Perry, Oliver Ames, William 
L. Brown, Franklin Carter, Albert C. Houghton, William 
B. Plunkett, James C. Chalmers, Edward D. Griffin, 
Foster E. Swift, Austin Bond, Augustus W. Locke, 
James H. Flagg, their associates and successors, are 
hereby made a corporation by the name of the Greylock 
Park Association, for the purpose of laying out a public 



Powers and 
duties. 



1885. — Chapter 166. 613 

park upon Greylock Mountain in the towns of Adams, 
North Adams and Williamstown, and such public roads as 
may be necessary to obtain access to the same ; and said 
corporation shall have all the powers and be subject to all 
the duties, restrictions and liabilities set forth in all gen- 
eral laws which now are or hereafter may be in force 
applicable to such corporations. 

Section 2. The said corporation for the purposes May take lands 
aforesaid may take, by purchase or otherwise, and hold p°a^rk,^e'tc.'"^ 
lands within the limits of the towns of Adams, North 
Adams and Williamstown, or either of said towns, not 
exceeding six hundred acres in the aggregate, and also all 
lands, rights of way and easements necessary for obtain- 
ing access to the same ; and may erect on the land thus 
taken or held observatories, public houses and other struct- 
ures, and may lay out and build public roads and drive- 
ways upon the land thus taken or held. 

Section 3. The said corporation shall within sixty Description of 
days after the taking of any lands, rights of way or ease- to1b!f?^corded' 
ments as aforesaid, otherwise than by purchase, file and "fdeedff^'^'^^ 
cause to be recorded, in the registry of deeds for the 
county and district within which such lands or other 
property is situated, a description thereof sufficiently 
accurate for identification, with a statement of the purpose 
for which the same were taken, signed by the president 
of the corporation. 

Section 4. The said corporation shall pay all damages payment of 
sustained by any person or corporation in property by the '^'^™"s®^- 
taking of any land, right of way, easement, or by any 
other thing done by said corporation under the authority 
of this act. Any person or corporation sustaining dam- 
ages as aforesaid under this act, who fails to agree with 
said corporation as to the amount of damages sustained, 
may have the damages assessed and determined in the 
manner provided by law when land is taken for the laying 
out of highways, on application at any time within the 
period of three years from the taking of such land or other 
property, or the doing of other injury, under the authority 
of this act ; but no such application shall be made after 
the expiration of said three years. 

Section 5. The said corporation may, for the purposes Real estate. 
set forth in this act, hold real estate not exceeding in 
value the sum of ten thousand dollars ; and the whole 
capital stock of said corporation shall not exceed twenty 



614 1885. — Chaptees 167, 168. 

Capital stock tliousand dollars, to be divided into shares of twenty-five 

and shares. t -ii i 

dollars each. 
Penalty for in- Section 6. Whocver wllfuUy or wantonly injures any 
junng proper y. g^j.yg^^yj,g^ work or other property owned, held or used by 
said corporation, under the authority and for the purposes 
of this act, shall forfeit and pay to said corporation three 
times the amount of damages assessed therefor, to be re- 
covered 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 imprison- 
ment not exceeding one year. 
Mayissuebonds SECTION 7. The Said corporatiou may issuc bouds aud 

and secure by *■ . ^ • , . , , 

mortgage. socure the same by a mortgage on its franchise and other 
property to an amount not exceeding its capital stock 
actually paid in and applied to the purposes of its incor- 
poration. Approved April 15, 1885. 

Ohan 167 "^^ ^^^ ^^ relation to the bonds of public warehousemen. 

Be it enacted, etc., as follows: 
Bond in amount Scctiou two of chapter scveuty-two of the Public Stat- 

and with such , . \ ^ i i i i •^ . , ,\ -k • i 

sureties, as shall utcs IS hereby amended by strikmg out the words " with 
t'he''gove°w.^^ sufficieut surctics," in the third line thereof and inserting 
instead thereof the words '* in such amount and with such 
sureties as shall be," so that the same shall read as fol- 
lows : — Every person and corporation licensed under the 
preceding section shall give bond to the treasurer of the 
Commonwealth in such amount and with such sureties as 
shall be apl:)roved by the governor, for the faithful dis- 
charge of the duties of a public warehouseman ; except 
that a railroad corporation so licensed shall not be 
required to give any sureties on its bond. 

Apx)roved April 15, 1885. 

ChciV 168 ^^ ^^^ ^^ ESTABLISH THE SALARY OF THE DISTRICT ATTORNEY 

FOR THE MIDDLE DISTRICT. 

Be it enacted, etc., as follows : 
Salary estab- SECTION 1. The auuiial Salary of the district attomcy 

for the middle district shall hereafter be twenty-one hun- 
dred dollars. 

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

Approved April 16, 1885. 



1885. — Chapters 169, 170. 615 

An Act exempting from taxation the troperty of certain QJianJlGQ 

PERSONS THOUGH OWNED BY SUCH PERSONS JOINTLY WITH OTHERS. 

Be it enacted, etc., as follows: 

Section 1. The tenth clause of section five of chapter Taxation of 
eleven of the Public Statutes is hereby amended so as to j^lhui'/wiur"* 
read as follows:— "'*''"• 

Tenth, The property, to the amount of five hundred 
dollars, of a widow or unmarried woman above the age 
of twenty-one years, of any person above the age of 
seventy-five years, and of any minor whose father is 
deceased, whether such property be owned by such per- 
son separately, or jointly or as tenant in common with 
another or others : provided, that the whole estate real Provisos. 
and personal of such person does not exceed in value the 
sum of one thousand dollars exclusive of property other- 
wise exempted under the provisions of this section ; and 
provided, jf\irihe7', that no property shall be so exempted 
which in the judgment of the assessors has been conveyed 
to such person for the purpose of evading taxation. A 
person aggrieved by such judgment may appeal to the 
county commissioners within the time and in the manner 
allowed by law for an appeal in respect of the abatement 
of taxes. 

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

Approved April 16, 1885. 

An Act to provide for a chapel, storage room and work- njinrt ITO 

SHOP AT THE HOUSE OF CORRECTION AT CAMBRIDGE. 

Be it enacted, etc., asfolloivs: 

Section 1. The county commissioners of the county commissioners 
of Middlesex are hereby authorized and required to enlarge buiwing^at'' 
the building now used as a boiler-house and stable at the tion^atcam"^*'' 
house of correction at Cambridge, in said county, by ^^'^^s^- 
adding two stories, for chapel, storage room and work- 
shop, and extending the same to the public street on the 
northerly side of the yard of said house of correction. 

Section 2. Said commissioners may expend for said Ji^^-y^^Pf"^ 

"^ , $14,000, to be 

purpose a sum not exceeding lourteen thousand dollars, raised by taxa- 

ti , , •If -1 J J Til tion the current 

the same to be paid from the county treasury, and to be year. 
raised by taxation the current year : provided, however, 
that no expenditure shall be made under this act until said 
commissioners have obtained estimates from competent 
experts, showing that the sum necessary for the comple- 



616 1885. — Chapter 171. 

tion of the work, exclusive of such convict labor as may 
be used, will not exceed fourteen thousand dollars. 
May employ SECTION 3. In carrvinof out the provisions of this act 

convicts. ., 1 1 'iiii* 'J 

said commissioners may employ the convicts held in said 
house of correction, and shall not be required to let out 
by contract the labor on said building, nor to advertise 
for proposals as provided in section twenty-two of chapter 
twenty-two of the Public Statutes. 

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

Approved April 16, 1885. 

ChaV.VIl. ^^ ^^'^ CHANGING THB BOUNDARY LINE BETWEEN THE TOWN OF 
QUINCY AND THE TOWN OF MILTON IN NORFOLK COUNTY. 

Be it enacted, etc., as follows: 
Boundary line Section 1. The bouudary line heretofore existing 

established. /./-v. ii r ■\/l'^ • 

between the town of Quincy and the town or Milton is 
hereby changed and established as provided in section 
two. 
thtTnebetVeL Section 2. Commencing at a stone bound post stand- 
Quincy and Mil- jng in the northerly line of Beale Street at a point distant 
two hundred and forty feet westerly from the southeast 
corner of land of N. H. Beale ; thence easterly following 
the northerly line of Beale Street a distance of four hun- 
dred and eight and five-tenths feet to a stone bound post 
standing in the present boundary line between the towns 
of Quincy and Milton. All the land to the south of the 
northerly line of Beale Street lying between the said stone 
bound posts is hereby set off from the town of Milton to 
the town of Quincy. Continuing from the last mentioned 
stone bound post on Beale Street the new boundary line 
shall run north thirty-four degrees twenty minutes west 
(magnetic), following the present dividing lines between 
said towns a distance of two thousand seven hundred and 
ninety-five and three-tenths feet to a stone bound post; 
thence by the same course a distance of one thousand and 
twenty-nine and five-tenths feet to the southerly line of 
Squantum Street ; thence running in a northerly and east- 
erly direction following the easterly line of said Squantum 
Street about seven hundred and twenty feet to a stone 
bound post, standing on the southeasterly line of said 
street ; thence running north six degrees eight minutes 
east (magnetic) a distance of three thousand and fifty-one 
feet, to the northwest corner of the stone wharf at Nepon- 



1885. — Chapters 172, 173. 617 

set River owned by one Faulkner ; thence by the same 
course to the centre of the channel of said river. All the, 
land on the easterly side of said line is hereby set off from 
the town of Milton to the town of Quincy, and all land oa 
the westerly side of said line is hereby set off from the 
town of Quincy to the town of Milton. 

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

Approved April 16, 1885. 



An Act amending the charter of the ltnn and boston 
railroad company. 



Chap.172 



Be it eriacted, etc., as follows : 

Section 1. Section four of chapter one hundred and ^^f^f"", 
fifty-two of the acts of the year eighteen hundred and 
eighty-one is hereby amended by inserting after the words 
"the towns of" the word "Nahant." 

Section 2. The time of locating and constructing the construction to 
track of the said Lynn and Boston Railroad Company in wlthTn'two'^*^ 
said toAvn of Nahant is limited to two years from the pas- ^^^''^■ 
sage of this act. 

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

Approved April 16, 1885. 



An Act extending the state aid laws to the three months 

TROOPS of the tear EIGHTEEN HUNDRED AND SIXTY-ONE. 



CJiajJ.llS 



Be it enacted, etc., as follows: 

Section 1. All soldiers who were members of the state and mui- 
regiments and organizations of Massachusetts militia known temie^cuo^'ie 
as the three months troops, viz. : — the third, fourth, fifth, troopJf""'^^ 
sixth and eighth regiments of infantry, the third battalion 
of infantry, and the first battery of light artillery, who were 
mustered into the United States service in eighteen hun- 
dred and sixty-one, shall be deemed to have served to the 
credit of Massachusetts, and are hereby made eligible to 
receive state or military aid under the conditions, provis- 
ions and limitation contained in chapter thirty of the 
Public Statutes. 

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

Approved April 17, 1885. 



618 



1885. — Chapter 1T4. 



ChClV.V74: ^^ ^^^ MAKING APPROPRIATIONS FOR EXPENSES AUTHORIZED THE 

PRESENT YEAR. 

Be it enacted, etc., as follows: 
Appropriations. SECTION 1. The suius hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Common- 
wealth, from the ordinary revenue, for the purposes 
specified in certain acts and resolves of the present year, 
to wit : — 

For providing rooms for the use of the civil service 
commissioners, a sum not exceeding thirteen hundred 
dollars, as authorized by chapter two of the resolves of 
the present year. 

For printing a book containing a list of members, rules 
and notes of rulings for the use of members of the present 
legislature, three hundred and two dollars and seventy-six 
cents, as authorized by chapter three of the resolves of the 
present year. 

For printing the report of the commissioners upon the 
records, tiles, papers and documents in the department of 
the secretary of the Commonwealth, two hundred and 
thirty-eight dollars and seventy-two cents, as authorized 
by chapter four of the resolves of the present year. 

For providing rooms for the commission appointed to 
prepare and complete a topographical survey and map of 
Massachusetts, a sum not exceeding eight hundred dollars, 
as authorized by chapter five of the resolves of the present 
year. 

For the Massachusetts charitable eye and ear infirmary, 
ten thousand dollars, as authorized by chapter six of the 
resolves of the present year. 

For printing additional copies of the report of the trus- 
tees of the agricultural college, ninety-seven dollars and 
seventy-one cents, as authorized by chapter seven of the 
resolves of the present year. 

For the town of Newbury, two hundred and forty dol- 
lars and fifty cents, as authorized by chapter eight of the 
resolves of the present year. 

For printing extra copies of the thirty-second annual 
report of the secretary of the Massachusetts board of 
agriculture, a sum not exceeding one thousand dollars, 
as authorized by chapter eleven of the resolves of the 
present year. 

For Louis J. B. Marshall, three hundred dollars, as 
authorized by chapter fourteen of the resolves of the 
present year. 



Civil Bprvice 
commissioners. 



List of members. 



Report on rec- 
ords, etc., in 
secretary's 
office. 



Survey and map 
of the state. 



Eve and Ear In- 
firmary. 



Agricultural 
college. 



Town of New- 
bury. 



Report of secre- 
tary of board of 
agriculture. 



Louis J. B. 
Marshall. 



1885. — Chapter 174. 619 

For printing extra copies of the manual of the present Manual. 
year, a sum not exceeding nine hundred and fifty dollars, 
as authorized by chapter fifteen of the resolves of the 
present year. 

For William J. Balmer, one hundred dollars, as author- wiiiiamj. 
ized by chapter sixteen of the resolves of the present 
year. 

To carry out the provisions of the resolve in relation to Records of par- 
public records of parishes, towns and counties, a sum not *^ ^'^°' 
exceeding five indred dollars, as authorized by chapter 
nineteen of the resolves of the present year. 

For the trustees of the Massachusetts soldiers' home in sowiers' Home. 
Chelsea, fifteen thousand dollars, as authorized by chapter 
twenty-one of the resolves of the present year. 

For Ellen Madigan of North Adams, seventy-five dol- EUeu Madigan. 
lars, as authorized by chapter twenty-two of the resolves 
of the present year. 

For furnishing a water supply at the state workhouse at ^te%o"^F'^ ''^ 
Bridgewater, a sum not exceeding seven thousand dollars, house. 
as authorized by chapter twenty-three of the resolves of 
the present year. 

For the purchase of military clothing for the militia, a ciothing for the 

I •/ o ' militia. 

sum not exceeding eighty-four thousand dollars, as author- 
ized by chapter twenty-six of the resolves of the present 
year. 

For continuing the preparation for publication and for Provincial laws. 
the publication of the provincial laws, a sum not exceed- 
ing ten thousand nine hundred and five dollars, as author- 
ized by chapter twenty-seven of the resolves of the present 
year. 

For providing new steam boilers, and for certain im- Repairs at state 
provements and repairs at the state almshouse at Tewks- 
bury, a sum not exceeding eleven thousand five hundred 
dollars, as authorized by chapter twenty-eight of the 
resolves of the present year. 

For the determination by triangulation of the boundary Boundary iines 

of Citi6S SiDd 

lines of the cities and towns of the Commonwealth, a towns. 
sum not exceeding three thousand dollars, as authorized 
by chapter twenty-nine of the resolves of the present 
year. 

For additional clerical assistance in the oflice of the Treasury, cicr- 
treasurer and receiver-general, a sum not exceeding one i°»' ^s^^siance. 
thousand dollars, as authorized by chapter fifteen of the 
acts of the present year. 



620 



1885. — Chapter 175. 



Private secre- 
tary of the gov- 
ernor. 



Spcrelary's 
office, first 
clerk. 



Commissioners YoY clerical assistancG in the office of the commissioners 

01 prisons, cler- ^ _ , 

icai assistance, of prisons, a sum not exceeding one thousand dollars, as 
authorized by chapter fifty-two of the acts of the present 
year ; being in addition to the seven hundred dollars ap- 
propriated by chapter thirteen of the acts of the present 
year. 

For the salary of the private secretary of the governor, 
five hundred dollars, as authorized by chapter seventy- 
seven of the acts of the present year ; being in addition 
to the fifteen hundred dollars appropriated by chapter 
three of the acts of the present year. 

For the salary of the first clerk in the office of the 
secretary of the Commonwealth, two hundred dollars, as 
authorized by chapter eighty-seven of the acts of the 
present year ; being in addition to the eighteen hundred 
dollars appropriated by chapter three of the acts of the 
present year. 

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

Approved April 17, 1885. 

CJiap.V75 ^N -^CT TO PROVIDE FOR THE ENLARGEMENT OF THE JAIL AT 

LOWELL. 

Be it enacted^ etc., as follows: 
Commissioners SECTION 1. The couuty commissioners of the county 

to enlarge jail at n nif t -l^ i lii-i n • ■> 

Lowell. or Middlesex are hereby authorized and required to en- 

large the jail at Lowell, in said couuty, by making an 
addition of fifty feet to the wing occupied by women. 
The outside of said addition shall conform in style of 
architecture to the present structure, and the inside shall 
be built upon a plan to be approved by the commissioners 
of prisons. The work herein authorized shall be com- 
pleted within one year from the passage of this act. 

Section 2. Said county commissioners may expend 
for said purpose a sum not exceeding twenty-five thou- 
sand dollars, the same to be paid from the county treasury 
of said county and to be raised by taxation the current 
year. 

Section 3. In carrying out the provisions of this act 
said county commissioners may employ the convicts held 
in said jail, and shall not be required to let out by con- 
tract the labor on said building, nor to advertise for 
proposals as provided in section twenty-two of chapter 
twenty-two of the Public Statutes. 

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

Approved April 17, 1885. 



May expend 
$25,000, to be 
raised by tax- 
ation. 



May employ 
convicts. 



1885. — Chapteks 176, 177, 178. 621 

An Act in relation to the better protection of wives and QJiqij.VJQ 

children. 

Be it enacted, etc., as follows: 

Section 1. Section four of chapter two hundred and not"8upporting 
seventy of the acts of the year eighteen hundred and wife or minor 
eighty-two is hereby amended so as to read as follows : — 
Whoever unreasonably neglects to provide for the sup- 
port of his wife or minor child shall be punished by fine 
not exceeding twenty dolhirs or by imprisonment in the 
house of correction not exceeding six months. All fines 
imposed under this section may in the discretion of the 
court be paid in whole or in part to the town, city, cor- 
poration, society or person actually supporting such wife 
or minor child at the time of making the complaint. 

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

App7-oved April 17, 1SS5. 

An Act to incorporate the orthodox congregational church Qh(-ijy 1 77' 

IN ASHBT. 

Beit enacted, etc., asfolloios: 

Section 1. F. W. Wright, J. W. Piper, Charles O. corporators. 
Green, P. A. Hayward, A. J. Hubbard, C. F. Hayward 
and J. H. Hayward, and all other members of the Ortho- 
dox Congregational Church in Ashby, and their successors 
as members of said church, are hereby made a corpora- 
tion, with all the powers and privileges and subject to all futYe^g"^"*^ 
the duties, restrictions and liabilities set forth in all gen- 
eral laws which now are or hereafter may be in force 
applicable to religious societies. 

Section 2. Said corporation shall be called the Ortho- Name. 
dox Congregational Church in Ashby. 

Section 3. Said corporation may hold real and per- Real and per- 
sonal estate to an amount not exceeding fifteen thousand ^^'^^ ^^^^^'^' 
dollars for parochial and religious purposes. 

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

Approved April 17, 1883. 

An Act to limit the municipal debt of and the rate of tax- pjjriYi 178 

ation in the city of boston. ^ ' 

Be it enacted, etc., as folloivs: 

Section 1. The taxes assessed on property in the city Tax rate 
of Boston exclusive of the state tax and of the sums '"""®'^- 
required by law to be raised on account of the city debt 



622 1885. — Chapter 179. 

shall not exceed in any year nine dollars on every one 
thousand dollars of the average of the assessors' valua- 
tions of the taxable property therein for the preceding five 
years, the valuation for each year being first reduced by 
the amount of all abatements allowed thereon previous to 
the thirty-first day of December in the year preceding 
said assessment. Any order or appropriation requiring a 
larger assessment than herein first above limited shall be 
void. 
?rmued"^°°*^ Section 2. The limit of indebtedness of the city of 

Boston shall hereafter be two and one-half per cent, up to 
and until the first day of January in the year eighteen 
hundred and eighty-seven and thereafter shall be two per 
cent, on the average valuation prescribed in section one 
of this act, instead of three per cent, on the last preceding 
valuation as provided in section four of chapter twenty- 
nine of the Public Statutes. 
^"sue" to°enforce SECTION 3. Auy court or justice having equity juris- 
or prevent viola- dictiou, sitting in the county of Suffolk shall, upon the 
ions of this act. application of the mayor or of ten taxable inhabitants of 
the city, at all times, whether in term time or vacation, 
have power to issue injunctions mandatory or otherwise, 
decrees, or other process against the city council or other- 
wise, which such court or justice may think needful to 
enforce the provisions of this act or to prevent the viola- 
tion thereof. 

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

Ap2:)roved April 17, 1885. 

CliaT) 179 '^^ ^^^ MAKING APPROPRIATIONS FOR THE PURCHASE OF LAND AND 
FOR THE ERECTION OF NEW BUILDINGS FOR THE LYMAN SCHOOL 
FOR BOYS AT WESTBOROUGH. 

Be it enacted, etc., as follows: 

Appropriations. SECTION 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Common- 
wealth, from the ordinary revenue, for the purposes spec- 
ified in chapter one hundred and fifty-one of the acts of 
the present year, to wit : — 

Beiaj. stone Poj. the purchase of the Bela J. Stone farm, so called, 

farm. . r ttr t i t/> 

in the town ot Westborough, a sura not exceeding four- 
teen thousand dollars. 
buiw'inV^ For the erection of such buildings upon said land as the 

governor and council shall approve, a sum not exceeding 
twenty thousand five hundred dollars, being in addition to 



1885. — Chapteks 180, 181, 182. 623 

the fifteen thousand dollars appropriated by chapter three 
hundred and thirty-two of the acts of the year eighteen 
hundred and eighty-four. 

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

Approved April 20, 18S5. 

An Act to establish the salary of the clerk of the second (7/?tt?9.180 

DISTRICT COURT OF EASTERN MIDDLESEX. 

Be it enacted, etc., as follows: 

Section 1. The clerk of the second district court of S'»i^'"y ^^ <=*«'"^- 
Eastern Middlesex shall receive an annual salary of six 
hundred dollars, beginning with the first day of January 
eighteen hundred and eighty-five. 

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

Approved April 20, 1885. 

An Act to amend the charter of the framingham water /^^/y^lQI 

COMPANY, and to AUTHORIZE IT TO MORTGAGE ITS FRANCHISE "' 

AND OTHER PROPERTY TO SECURE ITS BONDS, 

Be it enacted, etc., as follows: 

Section 1. Section five of chapter two hundred and ^,^,gn*|gj 
seventy-one of the acts of the year eighteen hundred and isti, 57i,'§5. 
eighty-four is hereby amended so as to read as follows : — 

Section 5. The capital stock of said corporation shall ^h^rea'an^^' 
not exceed two hundred and fifty thousand dollars, which bonds. 
shall be divided into shares of one hundred dollars each, 
and said corporation may at any time issue bonds, and 
secure the same by a mortgage on its franchise and other 
property, to an amount not exceeding its capital stock 
actually paid in and applied to the purposes of its incorpo- 
ration. 

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

Approved April 20, 1885. 

An Act authorizing the taking of a certain portion of the rij^f^.^. i QO 

BURIAL ground OF THE NORTH WEYMOUTH CEMETERY ASSOCIA- ^ ' 

TION. 

Be it enacted, etc., as folloivs: 

The county commissioners of the county of Norfolk, or Landofburiai 
the selectmen of the town of Weymouth, are hereby mouth may ""be" 
authorized to take, by purchase or in accordance with the ^^y^ ^°'" '"s^' 
provisions of law allowing land to be taken for the laying 
out or alteration of highways or townways, so much of 



624 



1885. — Chapter 183. 



the land now embraced within the limits of the burial 
ground of the North Weymouth Cemetery Association as 
may be necessary for the purpose of widening and straight- 
Proviso, ening North Street in said Weymouth : provided, that no 
tomb or burial lot in which are buried the remains of the 
dead shall be entered upon under the provisions of this 
act until such remains shall have been removed to such 
other burial lot as the trustees of said cemetery association 
may designate, without expense to the owner 'of such 
tomb or burial lot. Approved April 20, 1885. 

C7ittZ?.183 -^^ ^^^ RELATING TO LIFE AND CASUALTY INSURANCE ON THE 

ASSESSMENT PLAN. 

Be it enacted, etc., asfoUoivs: 

furanceon'^the Section 1. Evcry coutruct whcrcby a benefit is to ac- 
assessmenipian. crue to a party or parties named therein upon the death or 
physical disability of a person, which benefit is in any 
degree or manner conditioned upon the collection of an 
assessment upon persons holding similar contracts, shall 
be deemed a contract of insurance on the assessment plan, 
and the business involving the issuance of such contracts 
shall be carried on in this Commonwealth only by duly 
organized corporations, which shall be subject to the pro- 
visions and requirements of this act ; but nothing herein 
contained shall be construed as applicable to organizations 
which conduct their business as fraternal societies, on the 
lodge system, or to organizations which do not employ 
paid agents in soliciting business, or limit their certificate 
holders to a particular order or fraternity, or to the em- 
ployees of a particular town or city, designated firm, 
business house or corporation ; or to organizations which 
are unincorporated and limit the amount of every certifi- 
cate issued to a maximum amount not exceeding five hun- 
dred dollars on any one risk. If the benefit is to accrue 
through the death of the insured person, the contract 
shall be of life insurance ; if through the accidental death 
only, or the physical disability from accident or sickness 
of the insured, it shall be of casualty insurance. 
Seven or more SECTION 2. Scvcn OF mors pcrsous, citlzeus of this 
Fo^rmrcmpora- Commonwcalth, may form a corporation to cairy on the 
*"^°" business of life or casualty insurance, or both, on the as- 

sessment plan. Such agreement and the proceedings 
thereunder shall conform to sections three, four and five 
of chapter one hundred and fifteen of the Public Statutes ; 



Life insurance. 



Casualty insur 
ance. 



1885. — Chapter 183. 625 

but no such corporation shall besfin to do business until May begin busi- 

1 1 I I I Ml' •• ness when 200 

at least two hundred persons have subscribed in writnig persons have 

.,. T,, 'ju I- •!• r ^^ subscribed to be 

to be insured therein, and have each paid in one luli mor- insured. 
tuary assessment, to be held in trust for the benefit of the 
beneficiaries, nor until the insurance commissioner has 
certified that it has complied with the provisions of this 
act and is authorized to transact business. No charter 
granted under the provisions of this act shall continue 
valid after one year from date, unless the organization 
has been completed and business begun thereunder. 

Section 3. Any corporation existing under the laws Life and casu- 
of this Commonwealth and now engaged in transacting companLTon*^ 
the business of life or casualty insurance on the assess- may'rTincorpo" 
ment plan, may re-incorporate under the provisions of this ''**'• 
act in the manner set forth in section thirteen of chapter 
one hundred and fifteen of the Public Statutes : jjrovided, 
that nothing in this act contained shall be construed as re- 
quiring or making it obligatory upon any such corporation 
to re- incorporate, and any such corporation may continue 
to exercise all rights, powers and privileges conferred by 
this act or its articles of incorporation not inconsistent 
herewith, the same as if re- incorporated hereunder. 

Section 4. When the insurance commissioner, on in- Maybere- 

. ,. T , . T • 1 • Strained by 

vestigution, is satisfied that any corporation, doing busi- injunction from 
ness in this Commonwealth under this act, has exceeded unialfuTiy^*^ 
its powers, failed to comply with any provision of law, or 
is conducting business fraudulently, he shall report the 
facts to the attorney-general, who shall thereupon apply 
to a justice of the supreme judicial court for an injunction 
restraining such corporation from the further prosecution 
of business ; and the said justice, upon hearing the mat- 
ter, may issue such injunction, or decree the removal of 
any officer, and substitute a suitable person to serve in his 
stead until a successor is duly chosen, and may make such 
other order and decrees as the interests of the corporation 
and the public may require. 

Section 5. Every policy or certificate hereafter is- Amount to be 
sued by any corporation doing business under this act, uTss. 1*10!^ to be 
and promising a payment to be made upon a contingency pouJy .^*^ '" 
of death, sickness or accident, shall specify the sum of 
money which it promises to pay upon each contingency 
insured against, and the number of days after satisfactory 
proof of the happening of such contingency at which such 
payment shall be made ; and upon the occurrence of such 



626 



1885. — Chapter 183. 



May be notified 
not to issue any 
policy after pay- 
ment is with- 
held, etc. 



Condition to be 
investigated 
without delay 
after notice 
has been given. 



Business may 
be closed and 
receiver ap- 
pointed. 

Provisos. 



Ke-insurance of 
risks. 



contingency, unless the contract shall have been voided by 
fraud, or by breach of its conditions, the corporation shall 
be obligated to the beneficiary for such payment at the 
time and to the amount specified in the policy or certifi- 
cate ; and this indebtedness shall be a lien upon all the 
property, effects and bills receivable of the corporation, 
with priority over all indebtedness thereafter incurred, 
except as hereinafter provided in case of the distribution 
of assets of an insolvent corporation. If the insurance 
commissioner shall be satisfied, on investigation, that any 
such corporation has refused or failed to make such pay- 
ment for thirty days after it became due, and after proper 
demand, he shall notify the corporation to issue no new 
policies or certificates until such indebtedness is fully paid ; 
and no officer or agent of the corporation shall make, sign 
or issue any policy or certificate of insurance, while such 
notice is in force. 

Section 6. Whenever the insurance commissioner 
shall have given the notice required by the last section, 
he shall proceed without delay to investigate the condition 
of the corporation, and shall have full power, in person 
or by deputy, to examine its books, papers and accounts, 
and to examine under oath its officers, agents, clerks 
and certificate holders, or other persons having knowledge 
of its business ; and if it shall appear to him that its lia- 
bilities exceed its resources, and that it cannot within a 
reasonable time, not more than three months from the date 
of the original default, pay its accrued indebtedness in 
full, he shall report the facts to the attorney-general, who 
shall, upon the commissioner's report, apply to a justice 
of the supreme judicial court for an order closing the 
business of the corporation, and appointing a receiver or 
trustee for the distribution of its assets among creditors : 
provided, that no such final order shall be made until the 
corporation shall have had ten days' notice of the applica- 
tion and an opportunity to be heard ; and provided, that 
upon hearing the matter the court shall have power to 
make any order which the interests of the corporation and 
the public may require. 

Section 7. No corporation organized under the laws 
of this state shall transfer its risks to, or re-insure them in, 
any other corporation, unless the said contract of transfer 
or re-insurance is first submitted to and approved by a 
two-thirds vote of a meeting of the insured called to con- 



1885. — Chapter 183. 627 

sicler the same, of which meeting a written or printed 
notice shall be mailed to each policy or certificate holder 
at least ten days before the day fixed for said meeting ; 
and in case said transfer, or re-insurance shall be ap- 
proved, every policy or certificate holder of the said cor- 
poration who shall file with the secretary thereof, within 
five days after said meeting, written notice of his prefer- 
ence to be transferred to some other corporation than that 
named in the contract, shall be accorded all the rights and 
privileges, if any, in aid of such transfer as would have 
been accorded under the terms of the said contract had he 
been transferred to the corporation named therein. The J^'j'^^'Jyof ^^^ 
members of any corporation other than those which are corporation 

, .11 ,iiir ij. Other than those 

purely mutual, whose management shall reiuse or neglect, wwchare 
for a space of thirty days after the filing of a satisfactory p^i^^'y "'"''i^'- 
proof of the death of any certificate or policy holder, 
where the claim so arising is not disputed on account of 
fraud or want of validity, and where the death-fund is not 
sufiicient to pay said claim, to levy au assessment to pro- 
vide for the same, shall thereby become liable to the 
beneficiary under said certificate or policy in a sum not 
exceeding the face of said claim. 

Section 8. Corporations organized or doing business Emergency fund 
under this act shall provide, in their contracts with policy lated and"in "' 
or certificate holders, for the accumulation of an emer- ^^^t^'^- 
gency fund, which shall be, at all times, not less than the 
proceeds of one death assessment on all policy or certifi- 
cate holders thereof; said fund shall be accumulated by 
existing corporations within six months from the passage 
of this act, by all others within six months from the date 
of their incorporation, and, together with the income 
thereon, shall be a trust for the payment of death or 
disability claims, and shall be invested in securities in 
which insurance companies are allowed by law to invest 
their capital. These securities shall be deposited in trust securities to be 

.11 r 1 r^ 1 1 1 ii deposited with 

With the treasurer or the Commonwealth, but the corpora- the treasurer 
tion shall have, at all times, the right to exchange any generX'^"" 
part of said securities for others of a like amount and 
character. Any portion of said securities may be drawn 
by a requisition, signed by two-thirds of the directors and 
endorsed by the insurance commissioner, setting forth 
that the same is to be used for the purposes of said trust. 
When any such corporation shall discontinue business, appointed when 
any justice of the supreme judicial court may appoint a budlTels"*^'' 



628 



1885. — Chapter 183. 



Copies of char- 
ters of foreign 
companies to be 
deposited with 
commissioner. 



Certificate that 
companies are 
legally entitled 
to do business. 



Accumulation 
of fund. 



Authority to do 
business. 



Revocation of 
authority. 



receiver or agent to administer any unexhausted portion 
of said fund, which shall be used, less such compensation, 
not to exceed five per cent., as such court or justice may 
allow the receiver or agent, first, in the payment of 
accrued claims upon certificates or policies, or if insuffi- 
cient to pay such claims in full they shall be paid^?*o rata; 
second, if a balance remain, in the payment of such claims 
thereafter accruing in the order of their occurrence. 

Section 9. Any corporation organized under author- 
ity of another state or government to issue policies or 
certificates of life or casualty insurance on the assessment 
plan, as a condition precedent to transacting business in 
this state, shall deposit with the insurance commissioner a 
certified copy of its charter ; a statement, under oath of 
its president and secretary, in the form by the insurance 
commissioner required, of its business for the preceding 
year ; a certificate, under oath of its president and sec- 
retary, that it is paying, and for the twelve months then 
next preceding has paid, the maximum amount named in 
its policies qr certificates in full ; a certificate from the 
proper authority in its home state that corporations of 
this Commonwealth, engaged according to the provisions 
of this act in life or casualty insurance on the assessment 
plan, are legally entitled to do business in such state; a 
copy of its policy or certificate and application, which 
must show that benefits are provided for by assessment 
upon policy or certificate holders ; evidence satisfactory 
to the insurance commissioner that the corporation accu- 
mulates a fund, equal in amount to that required by 
section eight of this act, that such accumulation is per- 
mitted by the law of its incorporation, and is a trust for 
the benefit of policy or certificate holders only, and is 
securely invested. Every such corporation shall also 
comply with the requirements of section two hundred and 
two, chapter one hundred and nineteen of the Public 
Statutes. The insurance commissioner shall thereupon 
issue or renew the authority of such corporation to do 
business in this Commonwealth, and such authority shall 
be revoked whenever the insurance commissioner, on in- 
vestigation, is satisfied that such corporation is not pay- 
ing the maximum amount named in its policies or 
certificates in full. Upon such revocation the commis- 
sioner shall cause notice thereof to be published in the 
newspaper in which the general laws are published, and 



1885. — Chapter 183. G29 

no new business shall be thereafter done by it or its 
agents in this Commonwealth. When any other state or 
conntry shall impose any obligation upon any such cor- obligations im- 
poration of this state, the like obligation shall be imposed FoTelgn^com- 
on similar corporations and their agents of such state or p**"*®*- 
country doing business in this state. 

Section 10. No corporation doing business under this Not to insure 
act shall issue a certificate or policy upon the life of any ^xTyyearsrnor 
person more than sixty years of age, nor upon any life in ^.y^amedhM 
which the beneficiary named has no interest, and every no interest. 
call for payments by the policy or certificate holders shall 
distinctly state the purpose of the same, and whether any 
part thereof shall or may be used for expenses, and if so 
how much. Any assignment of a policy or certificate to 
a person having no interest in the insured life shall render 
such policy or certificate void. 

Section 11. The money or other benefit, charity, relief bit"to^atuch-'*" 
or aid to be paid, provided or rendered by any corpora- "^ent. 
tion authorized to do business under this act, shall not be 
liable to attachment by trustee or other process, and 
shall not be seized, taken, appropriated or applied by any 
legal or equitable process, nor by operation of law, to pay 
any debt or liability of a policy or certificate holder, or 
any beneficiary named therein. 

Section 12. Any solicitor, agent or examining physi- f|"^t?^tc" for 
ciau, who shall knowingly or wilfully make any false or making false 

r. ii.ij_ J X !• • -1 p Statement. 

iraudulent statement or representation in or with reier- 
ence to any application for insurance, or for the purpose 
of obtaining any money or benefit, in any corporation 
transacting business under this act, shall be guilty of a 
misdemeanor; and, upon conviction, shall be punished by 
a fine of not less than one hundred or more than five 
hundred dollars, or imprisonment in the county jail for 
not less than thirty days or more than one year, or both, 
at the discretion of the court. 

Section 13. Every corporation doing business under To make annual 
this act shall annually, on or before the first day of 
March, return to the insurance commissioner, in such " 
manner and form as he shall prescribe, a statement of its 
affairs for the year ending on the preceding thirty-first 
day of December, and the said commissioner, in person 
or by deputy, shall have the powers of visitation of and 
examination into the affairs of any such corporation which 
are conferred upon him in the case of life insurance com- 



report to insur- 
ance commis- 
sioner. 



630 1885. — Chapter 184. 

panies by chapter one hundred and nineteen of the Public 
Statutes : provided, always, that nothing herein contained 
shall subject any corporation doing business under this act 
to any other provisions or requirements of said chapter 
one hundred and nineteen, except as distinctly set forth 
herein. 
^ees. Section 14. The fees for filing statements, certificates 

or other documents required by this act, or for any ser- 
vice or act of the insurance commissioner, and the penal- 
ties for any violation of this act, shall be the same as pro- 
vided in the case of life insurance companies by chapter 
one hundred and nineteen of the Public Statutes. 

Approved Aj)ril 21, 1885. 

ChClT) 184 ^^ ^^^ '^^ DEFINE AND ESTABLISH THE BOUNDARY LINE BETWEEN 
THE TOWNS OF HANOVER AND PEMBROKE. 

Be it enacted, etc., as follows: 
Boundary line Section 1. The bouudary line between the towns of 
over and Pern- Hauovcr aud Pembroke, near the tack factory of L. C 
broke. Waterman & Sons, is hereby defined and established as 

follows: — Beginning upon the present boundary line at 
a point in the pond bearing south twenty-five degrees 
west, and twenty-five feet distant from a copper bolt im- 
bedded in a rock on the northerly border of said pond, 
and running thence in a straight line south fifty-seven 
degrees twenty- eight minutes east, one hundred and forty 
and five-tenths feet to a point on the rolling dam forty 
feet southerly from a stone monument located in the range 
of the southerly end of the tack factory aforesaid, and 
fourteen and five-tenths feet westerly from the southwest 
corner thereof; thence running north forty-seven degrees 
thirty-one minutes east, one hundred and fifty-eight feet 
to a point upon the present boundary line in the stream 
forty feet distant from a stone monument on the northerly 
bank of said stream and south twenty-one degrees east 
therefrom. All the territory in said towns lying southerly 
from the above described line shall be and remain in the 
town of Pembroke, and all the territory lying northerly 
from said line shall be and remain in the town of Han- 
over. 

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

Approved April 23, 1885. 



1885. — Chapter 185. 631 

An Act to amend chapter two hundred and nineteen of the (7/i^r).135 

ACTS OF the year EIGHTEEN HUNDRED AND SEVENTY-EIGHT CON- 
CERNING the LENOX FIRE DISTRICT. 

Be it enacted, etc., as follows: 

Section 1. The third section of chapter two hundred J;fct°^ ^" '^'^' 
and nineteen of the acts of the year eighteen hundred and 
seventy-eight is hereby amended by striking out the last 
five words, so that said section shall read as follows: — 
The legal voters of the said fire district of the town of 
Lenox shall, within one year from the organizing of said 
district, at a meeting called for the purpose, choose by 
ballot a board of three commissioners, who shall be a commisaioners 

, 1 /• . • r> 1 1 i -Til to be elected. 

board ot commissioners ot hydrants, sidewalks, common 
sewers, main drains and lamps, all of whom shall be legal 
inhabitants and voters in said district. Said commission- 
ers shall serve until the next annual meeting of said dis- 
trict and until others are chosen and qualified in their 
stead ; and said district shall thereafter, at the regular 
annual meeting of said district, choose by ballot three 
such commissioners who shall serve during the ensuing 
year and until others are chosen and qualified in their 
stead. And said district shall have authority to fill any vacancies. 
vacancy in said board at any meeting of said fire district 
regularly called for that purpose. Said commissioners 
shall be sworn. 

Section 2. The fourth section of said act is hereby Not to raise by 
amended by striking out the words "one tenth" in the oneiifuiofone 
fifteenth line of said section, and inserting in place thereof awe'propeny!^ 
the words " one fifth," so that said section shall read as 
follows : — Said district may, at meetings called for that 
purpose, raise money for the purpose of carrying out the 
provisions of this act ; and said board shall expend the 
same for .the purposes prescribed by vote of the district, 
and every member of said board of commissioners shall be 
accountable to the said district for any money received by 
him ; and said district may maintain a suit therefor in the 
name of the inhabitants of said district. Said board shall 
not expend any money which has not been duly appro- 
priated by the district, and shall have no authority to bind 
the district to the payment of money in excess of its 
appropriation, or for any purpose not specified by the vote 
of the district appropriating the same. But said district 
shall, during no year, raise by tax any amount of money 



G32 1885. — Chapters 1S6, 187. 

exceeding one-fifth of one per cent, of the taxable prop- 
erty in said district. 

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

Approved April 23, 1885. 



C/icqj.lSG 



An Act relating to the examination of candidates for dis- 
trict POLICE. 

Be it enacted, etc., as folloios: 
ExarainatioTi of Section 1. So much of scction one of chanter one 

canuidates for /. i t» i i • r-i • 

district police, hundred and three oi the rubhc statutes as requires can- 
didates for appointment as district police to be examined 
by or under the direction of a justice of the superior court 
is repealed. 
R(^peaiofi884, Section 2. Chapter one hundred and ninety of the 
acts of the year eighteen hundred and eighty-four is re- 
pealed. 

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

Apjproved April 23, 1885. 



Clmn 1 87 "^^ ^^^ ^^ SUPPLY TUE town of ERVING with WATER. 

Be it enacted, etc., as follows: 
TownofErving SECTION 1. The town of Erving may supply itself and 
8ci7wi'ihVater. its inhabitants with water for the extinguishment of fires 
and for domestic and other purposes ; may establish foun- 
tains and hydrants, re-locate or discontinue the same, may 
regulate the use of such water, and fix and collect rates 
to be paid for the use of the same. 
May take waters Section 2. The Said towH for the purposes aforesaid, 

of Long Pond in - , . , . *■ *■ ^ i i 

Erving and aud thc pufposcs uauied in section ten, may take, by 
purchase or otherwise, and hold the waters of Long Pond 
in the towns of Erving and Warwick at any point in 
either of said towns, and may by a proper dam, or dams, 
raise the level of the waters of said pond to any height 
desirable to facilitate the taking of water therefrom at 
some convenient point in the town of Erving and to sup- 
ply a suitable storage reservoir ; and may also take, by 
purchase or otherwise, and hold any water rights con- 
May take lands nected with said pond, and also all lands, rights of way 
turcrthe'reon!''" and casemcnts necessary for holding and preserving said 
water and for conveying the same to any part of said 
town of Erving, or to any part of the town of Montague 
lying within one mile from the railroad bridge over 
Millers River between said towns ; and may erect on the 



1885. — Chapter 187. 633 

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 complete and effective water works ; and 
may construct and lay down conduits, pipes and other May liiy down 

IT 1 1 i -11 conduits and 

works, under or over any lands, water courses, railroads, other works. 

or public or private ways, and along any such way, in 

such manner as not unnecessarily to obstruct the same ; 

and for the purpose of constructing, maintaining and 

repairing such conduits, pipes and other works, and for 

all proper purposes of this act, said town of Erving may 

dig up any such lands, and, under the direction of the May dig up 

board of selectmen of the town in which any such ways [ecuon "nL^'' 

are situated, may enter upon and dig up any such ways, selectmen. 

in such manner as to cause the least hiudrance to public 

travel on such ways. 

Section 3. The said town shall, within sixty days a description of 

/v iiJi' e 11 ' \ L c L 'li lands taken to 

after the taking oi any lands, rights ot way, water rights, be recorded in 
water sources or easements as aforesaid, otherwise than delds.^'*"^^ "^ 
by purchase, file and cause to be recorded, in the registry 
of deeds for the county within which such lands or other 
property is situated, a description thereof sufiiciently ac- 
curate for identification, with a statement of the purpose 
for which the same were taken, signed by the water com- 
missioners hereinafter provided for. 

Section 4. The said town shall pay all damages sus- Damages to be 
tained by any person or corporation in property by the uTwn/^ " 
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 
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 provided by law when land is 
taken for the laying out of highways, on application at 
any time within the period of three years from the taking 
of such land or other property, or the doing of other 
injury, under the authority of this act; but no such ap- 
plication shall be made after the expiration of said three 
years. No application for assessment of damages shall Application ^r 

, 1 n \ -i ' p • t c damages not to 

be made for the taking of any water, water right, or for be made until 
any injury thereto, until the water is actually withdrawn divened!*'^ "'^ ^ 
or diverted by said town under the authority of this act. 



G34 



1885. — Chapter 187. 



Erving Water 
Loan. 



Sinking fund to 
be established. 



May make 
annual propor- 
tionate pay- 
ments. 



Return to state 
amount of fund 
established, etc. 



To raise by tax- 
ation sufficient 
to pay current 
expenses and in- 
terest. 



Section 5. The said town may, for the purpose of 
paying the necessary expenses and liabilities incurred 
under the provisions of this act, issue from time to time 
bonds, notes or scrip, to an amount not exceeding in the 
aggregate one hundred thousand dollars ; such bonds, 
notes and scrip shall bear on their face the words " Erving 
Water Loan ; " shall be payable at the expiration of periods 
not exceeding thirty years from the date of issue ; shall 
bear interest payable semi-annually, at a rate not exceed- 
ing six per centum per annum, and shall be signed by the 
treasurer of the town, and be countersigned by the water 
commissioners hereinafter provided for. The said town 
may sell such securities at public or private sale, or pledge 
the same for money borrowed for the purposes of this act, 
upon such terms and conditions as it may deem proper. 
The said town shall provide, at the time of contracting 
said loan, for the establishment of a sinking fund, and 
shall annually contribute to such fund a sum sufficient, 
with the accumulations thereof, to pay the principal of 
said loan at maturity. The said sinking fund shall remain 
inviolate and pledged to the payment of said loan, and 
shall be used for no other purpose. 

Section 6. The said town, instead of establishing a 
sinking fund, may, at the time of authorizing said loan, 
provide for the payment thereof in such annual propor- 
tionate payments as will extinguish the same within the 
time prescribed in this act ; and when such vote has been 
passed the amount required thereby shall, without further 
vote, be assessed by the assessors of said town in each 
year thereafter, until the debt incurred by said loan shall 
be extinguished, in the same manner as other taxes are 
assessed under the provisions of section thirty-four of 
chapter eleven of the Public Statutes. 

Section 7. The return required by section ninety-one 
of chapter eleven of the Public Statutes shall state the 
amount of any sinking fund established under this act, 
and if none is established whether action has been taken 
in accordance with the provisions of the preceding section 
and the amounts raised and applied thereunder for the 
current year. 

Section 8. The said town shall raise annually by 
taxation a sum which, with the income derived from the 
water rates, will be sufficient to pay the current annual 
expenses of operating its water works, and the interest as 



1885. — Chapter 187. 635 

it accrues on the bonds, notes and scrip issued as afore- 
said by said town, and to make such contributions to the 
sinking fund and payments on the principal as may be 
required under the provisions of this act. 

Section 9. The said town may purchase from the Town may pur- 

- . • 1 • c chase any exist- 

owner of any aqueduct or water pipes now used in tur- ing aqueduct. 
nishing water to the inhabitants to be supplied by said 
town, all or any of the estate, property, rights and privi- 
leges of such owner, and by such purchase shall become 
subject to all the liabilities and duties to such owner ap- 
pertaining. 

Section 10. To secure water under this act for the water supply 
inhabitants of the village of Millers Falls, and others con- Min'ers'^FaUs. 
veniently supplied from pipes leading thereto, and for fire 
district purposes, any part of the town of Montague within 
one mile from said railroad bridge, and any part of the 
town of Erving, may be erected into a iire district under 
the provisions of law relating to fire districts existing 
when such fire district may be constituted, without peti- 
tion to either town to raise taxes for a fire department or 
waiting for the refusal of such town so to do, which fire 
district shall be called Millers Falls Fire District, Said ^Ssfdiu 
fire district may contract with the town of Erving to sup- 
ply water to its inhabitants under this act, and by such 
contract said town and fire district may fix the amount 
and terms of such supply to be modified as therein agreed, 
and said fire district may therein obligate itself to pay to 
the town of Erving, on terms of payment to be therein 
provided for, such moneys as may be agreed upon, above 
the amounts to be collected in water rates, for providing 
such supply, and the parties to said contract may also 
therein establish such differential rates for water, to be 
paid by inhabitants of the town of Montague residing in 
said fire district, as may seem just to equalize the cost 
thereof with the cost to the inhabitants of Erving residing 
in said fire district, and paying the town taxes raised to 
provide said supply, and may provide for modification of 
said rates from time to time. The moneys to be paid by Moneys to be 
said fire district to,said town under said contract shall be {net t^o^be^au^d 
raised by taxation in said fire district in the manner of ^y taxation. 
raising other fire district taxes and paid to the treasurer 
of the town of Erving, and shall be applied, so far as may 
be, toward payment of the sums required of said town for 
the purposes of this act. No contract made under this 



636 



1885. — Chapter 187. 



Subject to rati- 
fication by a 
two-thirds vote. 



May supply 
■water to certain 
inhabitants of 
Montague. 



Penalty for pol- 
luting water or 
injury to prop- 
erty. 



Board of water 
commissioners 
to be elected. 



To be trustees 
of sinking fund. 



Vacancies. 



section shall be valid unless ratified by two-thirds of the 
voters of the town of Erving present and voting thereon 
at a legal town meeting called for the purpose, and two- 
thirds of the voters of said fire district present and voting 
thereon at a legal fire district meeting called for the pur- 
pose, which two-thirds of the voters of said fire district 
shall include two-thirds of all the voters of said fire dis- 
trict residing in said town of Montague. On failure to 
conclude such contract the town of Erving may furnish 
water to the inhabitants of the town of Montague living 
within one mile from said railroad bridge, on such terms 
as the water commissioners may from time to time pre- 
scribe. This section shall not be held to compel the town 
of Erving to furnish water to non-residents thereof. 

Section 11. Whoever wilfully or wantonly corrupts, 
pollutes or diverts any of the waters taken or held under 
this act, or injures any structure, work or other property 
owned, held or used by said town under the authority and 
for the purposes of this act, shall forfeit and pay to said 
town three times the amount of damages assessed therefor, 
to be recovered in an action of tort; and upon conviction 
of either of the above wilful or wanton acts shall be 
punished by a fine not exceeding three hundred dollars 
or by imprisonment not exceeding one year. 

Section 12. The said town shall, after its acceptance 
of this act, at a legal meeting called for the purpose, elect 
by ballot three persons to hold ofiice, 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 commissioners, who shall be subject however to 
such instructions, rules and regulations as said town may 
impose by its vote ; the said commissioners shall be 
trustees of the sinking fund herein provided for, and a 
majority of said commissioners shall constitute a quorum 
for the transaction of business relative both to the water 
works and to the sinking fund. Any vacancy occurring 
in said board from any cause may be filled for the 
remainder of the unexpired term by said town at any 
legal town meeting called for the purpose. 



1885. — Chapter 188. 637 

Section 13. Section two of chapter one hundred and ^^4^"ie™^|'^,'° 
sixty-seven of the acts of the year eighteen hundred and 
eighty-four is hereby amended by striking out the words 
"Long Pond in Warwick or"; and all rights of the 
Orange Water Works to take, hold or convey the waters 
of said Long Pond are hereby annulled. 

Section 14. Section thirteen of this act shall take subject to 
effect upon its passage, and the first twelve sections two-thirds vote. 
thereof shall take effect upon their acceptance by a two- 
thirds vote of the voters of said town, present and voting 
thereon at a legal town meeting called for the purpose, 
within three years from their passage ; but the number of 
meetings so called in any year shall not exceed three. 

Approved April 23^ 1885. 
An Act to autuorize the union of the fitchburg railroad QJidrfJlQ^ 

COMPANY AND THE BOSTON, BARRE AND GARDNER RAILROAD ^ 

COMPANY. 

Be it enacted, etc., as follows: 

Section 1. The Fitchburg Railroad Company, and May unite and 
the Boston, Barre and Gardner Railroad Company are p^omion! 
hereby authorized to unite and form one corporation, on 
such terms and conditions as may be mutually agreed 
upon by said corporations at meetings of the stockholders 
thereof duly called for that purpose : provided^ however. Proviso. 
that not more than ten shares of Boston, Barre and 
Gardner Railroad stock shall be exchanged for one 
share of the stock of the united corporation. The name Nameofunited 
of the united corporation thus authorized shall be the beTeFUchburg 
Fitchburg Railroad Company, and said corporation shall pany°**^^°™' 
have and enjoy all the franchises, powers, privileges, 
property and rights of every kind belonging to the Fitch- 
burg Railroad Company now existing, and to the Boston, 
Barre and Gardner Railroad Company, or either of them, 
and shall assume all the duties, debts and liabilities of said 
corporations, and shall be subject to all general laws which 
now are or hereafter may be in force relating to railroad 
corporations. 

Section 2. Nothing herein contained shall in any way Existing iiena 

, . .• !• 1 c i. ~ not to be im- 

impair or change any existing hen, by way ot mortgage paired. 
or otherwise, upon any property heretofore separately 
owned by either of said corporations, or affect the enforce- 
ments of such liens. 



638 18S5. — Chapters 189, 190. 

Capital stock. Section 3. The capital stock of the Fitchburg Rail- 
road Company, upon such union, shall not exceed the 
amount of the authorized capital stock of said two corpo- 
rations now existing. 

Vote to unite to SECTION 4. Whenever said corporations shall have 

be hied in stcre- f • -i •/•li.ii 

tary's office and yotcd to uuitc as aioresaid, copics ot the votes whereby 

conimisBioners. such uulou Is asseutcd to, certified by the respective clerks 

of said corporations, shall be filed in the office of the 

secretary of the Commonwealth and with the board of 

railroad commissioners. 

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

Approved April 23, 1885. 

Chap.lSd -^N Act authorizing cities and towns to entrust certain 

APPROPRIATIONS TO POSTS OF THE GRAND ARMY OF THE REPUB- 
LIC FOR DISBURSEMENT. 

Be it enacted, etc., as follows: 
Disbursement of SECTION 1. Auy city or towu may appropriate any 

aid may be en- „ ' • i j_ it I'l 

trusted to a post sum 01 moucy tor necessary aid to sokliers and sailors 

Armyo/theRe- aud their famiHcs and to the families of the slain, and may 

public. 1^^ special vote entrust such sum or any part thereof to 

any post of the Grand Army of the Republic located in 

such city or town, to be disbursed under its directions to 

Proviso. any such persons residing in such city or town : provided, 

that the treasurer or other financial officer of such post 

shall make an annual return to such city or town under 

oath containing an itemized and specific statement of the 

disposition of such sums made by such post during the 

preceding year and shall exhibit his vouchers for such 

disbursements to any committee of such city or town for 

examination. 

Disbursing; SECTION 2. The officcr designated in section one to 

bond. hold and disburse said money shall, before receiving the 

same, give a bond for the faithful discharge of his trust to 

the city or town paying over the same, in such sum and 

with such sureties as the mayor and aldermen or the 

selectmen may require. Approved April 24, 1885. 

Chan.\90 ^^ ■^^'^ requiring clerks of towns and cities to keep in- 
dexes OF instruments recorded. 

Be it enacted, etc., as follows: 

strlimentf ie- SECTION 1. The clcrk of CRch town and city in the 
qnired by law Commouwealth shall make and keep an index or indexes 

to be recorded. , i . i i • i • i i ^ 

of all instruments entered with him and required by law 



1885. — Chapters 191, 192. 639 

to be recorded, which index or indexes shall be divided 
into five columns, with appropriate heads or titles giving 
date of reception, the names of parties, and the book and 
page on which each instrument is recorded, and the same 
shall be open for public inspection. 

Section 2. This act shall take effect upon the first day 
of July next. Approved April 24, 1885. 

An Act concerning the may term of the superiok court (JJifiq) 1 Ql 

FOR THE COUNTY OF ESSEX. ^ 

Be it enacted, etc., as follows: 

Section 1 . The superior court for the county of Essex, Court to be held 
heretofore held on the second Monday of May, shall here- Cf May. """^"^ 
after be held on the first Monday of May in every year. 

Section 2. All writs, processes, bonds and recogniz- Entry of writs, 
ances, which shall be made returnable to said court on ''"^' 
said second Monday of May shall be returnable to, be 
entered at, and have day in, the term of said court to be 
held on the first Monday of May next. 

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

Approved Ajyril 24, 1885. 

An Act to authorize the conway academy to transfer its CI]iar>,\S)'2i 

PROPERTY TO THE TOWN OF CONWAY AND TO DISSOLVE SAID 
FIRST NAMED CORPORATION. 

Be it enacted, etc., as follows : 

Section 1. The Conway Academy, a corporation es- conway Acade- 
tablished and organized by and under the provisions of TOnv™y^pmpc"ny 
chapter three hundred and thirty-nine of the acts of the toibetuwu. 
year eighteen hundred and fifty-three, is hereby authorized 
and empovvered to sell, transfer and convey unto the town 
of Conway, in the county of Franklin, all the property, 
real, personal and mixed, which said Conway Academy 
now holds or is in possession of, or which has been con- 
veyed or transferred to it, to be held by the said town of 
Conway solely for the purposes of education. 

Section 2. Whenever the president and secretary of ^"'^poj^j^^o^^'" 
said Conway Academy shall certify under oath to the 
secretary of the Commoweallh that the transfer and con- 
veyance named in section one have been made by said 
Conway Academy to said town of Conway and that the 
same have been received and accepted by said town of 
Conway, and that by reason thereof the said Conway Acad- 



640 1885. — Chapters 193, 194. 

emy holds no property, whether real, personal or mixed, 
under its act of incorporation, the secretary of the Com- 
certificate to be monvvcalth shall make record of such certificate, and 
thereupon the said corporation, the said Conway Academy, 
shall be dissolved. 

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

Approved April 24, 1885. 

(JhuplidS -^N ^^'^ "^O PREVENT THE TAKING OF BLUE-FISH WITH NETS OR 
SEINES IN THE WATERS OF VINEYARD SOUND OPPOSITE TO THE 
TOWNS OF YARMOUTH, DENNIS AND HARWICH. 

Be it enacted, etc., as follows : 
penalty for tak. SECTION 1. Whocvcr takes any bluc-fish in the state 

ingblueiish with t o i . /• -it- 

uets or seines, watei's oi Vineyard Sound opposite to the towns of Yar- 
mouth, Dennis and Harwich, with nets or seines, shall be 
punished by a fine of ten dollars for each offence, one-half 
of which shall be paid to the person making the complaint 
and one-half to the county of Barnstable. 

Totakerffoct Section 2. This act shall take effect on the first day 
"^ ' ^' of July in the year eighteen hundred and eighty-five. 

Approved April 24, 1885. 

PI -\(\\ -^N ^^'^ TO PROMOTE THE ABOLITION OF GRADE CROSSINGS BY 

-^' RAILROADS AND HIGHWAYS. 

Be it enacted, etc., as follows : 

Separation of Section 1 . The jurisdictiou given by section one 
fro8B'in|of''raii. huudred aud twenty-nine of chapter one hundred and 
htgh^y!*^ twelve of the Public Statutes to county commissioners 
upon petition, may also, for the separation of grades at 
any level crossing of a railroad with a highway or town 
way, be assumed and exercised by them on the petition 
in writing signed by not less than twenty legal voters of 
the county wherein such crossing is situated ; provided^ 
Hearing to be that bcforc final action there shall be a hearing, of which 
gi'^ven!*^'^'"^ """"^ thirty days' notice shall be given to each town, city and 
railroad company interested, and published not less than 
Provisos. two wccks iu somc newspaper in the county ; jjrovided^ 

that the power conferred upon the county commissioners 
by this section shall not be exercised unless they adjudge 
and certify that in their opinion the cost of the proposed 
change will not exceed three thousand dollars, and pro- 
vided, that the order of the county commissioners, made 
under the additional power hereby conferred, shall not be 



1885. — Chapter 194. 641 

carried into effect if it shall be made to appear to the 
special commission provided for by section one hnndred 
and thirty-two, that the cost of the change will exceed the 
sum of six thousand dollars. And if it be so made to 
appear, such special commission shall annul the order of 
the coDimissioners for said change. If said order is so 
annulled, the cost of the hearing by the special commis- 
sioners, taxed by them and approved by the district attor- 
ney, shall be paid by the county. The portion of said Repeal, 
section one hundred and twenty-nine relating to costs, 
including the last twenty-one words thereof, is hereby 
repealed. 

Section 2. The board of railroad commissioners shall ^;;^;.^f|f °f/Jf 
have jurisdiction of cases arising in the city of Boston, Boston. 
under section one hundred and twenty-nine of chapter 
one hundred and twelve of the Public Statutes, either on 
petition by the mayor and aldermen of said city or the 
directors of the railroad company interested ; and such 
directors are hereby authorized to petition in such cases. 

Section 3. Section one hundred and thirty of said ^"^nrriao. 
chapter one hundred and twelve is amended by inserting 
after the w^ords " such taking" in the si.\th lino thereof, 
the words " or otherwise." 

Section 4. Section one hundred and thirty-one of ^'^';"]^i?''5"i3° 
said chapter one hundred and twelve is amended by strik- 
ing out the word "or" in the seventh line thereof, and 
inserting in its place the word " and," and by adding at 
the end of said section the words " and other towns and 
cities within the county specially interested in the matter, 
provided that the county may be omitted from such ap- 
portionment if such omission seems just, and any town or 
city except that in which the crossing is situated may also 
be omitted from the ap[)orlionmeut if it seems just so to 
do." 

Section 5. Section one hundred and thirty-two of ^■"endment to 
said chapter is amended by striking out the word " term 
in the sixth line thereof, and inserting the word "time" 
in lieu thereof, and further by striking out the words " at 
a term of court held for civil business in the county in 
which such crossing is situated," in the sixth, seventh and 
eighth lines thereof. 

Section 6. No appeal shall hereafter be allowed from no appeal to be 

-, . . -x i' A< i •• Tt taken trom de- 

any decision or order ot tne county commissioners, direct- cision of county 
ing a separation of grade under section one hundred comnu»8ioMer«. 



642 1885. — Chaptees 195, 196. 

twenty-nine of chapter one hundred and twelve of the 
Public Statutes : j)rovided^ that this section shall not 
Proviso. apply to any proceedings pending when this act takes 

efiect. Approved April 27, 1885. 

Chap.ld5 -^N ^CT TO ESTABLISH TDE SALARIES OF THE AUDITOR OF THE 
COMMONWEALTH AND OF THE FIRST CLERK IN THE AUDITOR'S 
DEPARTMENT. 

Be it enacted, etc., as foUoics : 

Salary of the SECTION 1. The sahirv of the auditor of the Common- 

auditor. 1 I I • • • 1 1 /< T /IT • 1 

wealth, beginning with the nrst day ot January eighteen 
hundred and eighty-live, shall be three thousand dollars 
per annum, and at the same rate for any portion of a 
year. 
Salary of first Section 2. The saKirv of the first clcrk lu thc depart- 
ment of the auditor of the Commonwealth shall be two 
thousand dollars per annum, beginning with the first day 
of January eighteen hundred and eighty-five, and at the 
same rate for any portion of a year. 

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

Ap2')roved Ajnil 28, 1885. 



Chap.196 



An Act authorizing cities and towns to license skating 

RINKS. 

Be it enacted, etc., as follows: 
May grant SECTION 1. The mayor and aldermen of any city e.\- 

licenses to main- i-r>i t-t**! ji t •• i 

tain skating ccpt iJostou, aud m Boston the police commissioners, and 
"""^^^ the selectmen of any town, may grant a license to any 

person to establish, keep open and maintain a skating 
rink to be used for the amusement of roller skating for 
hire, gain or reward upon such terms, conditions and 
regulations as they deem proper, subject to the provisions 
of sections one hundred and twenty-four to one hundred 
and twenty-seven inclusive, of chapter one hundred and 
Proviso. two of the Public Statutes : provided, however, that licen- 

ses may be granted at any time to continue in force until 
the first day of May in the year eighteen hundred and 
eighty-six unless sooner revoked, and said officers may 
revoke the same at pleasure. 
Ponaityfnr Section 2. Whocvcr without such license establishes, 

riiik without kccps Open or maintains a skating rink, to be used for 
license. ^j^^ amuscment of rolling skating, shall be punished by fine 

not exceeding five hundred dollars for each offence. 



1885. — Chapters 197, 198. 643 

Section 3. Any marshal or his deputy, sheriff or his omceramayen- 

-, . , , 1 . /o .1 i ter rinks al any 

deputy, constable, police ofiicer or vvatchmau may at any time. 
time enter into a skating rink or room connected there- 
with for the purpose of enforcing any law of the state ; 
and whoever obstructs and hinders the entrance of such f,tucung'''^ "^' 
officer shall be punished by fine of not less than five nor officer. 
more thau twenty dollars. Approved April 29, 1S85. 

An Act to autuorizetiie selectmen of towns to make rules (JJmrf^lQJ 

FOR THE regulation OK CARRIAGES AND OTUER VEHICLES. 

Be it enacted, etc. , as foUoivs : 

The selectmen of a town shall have and exercise all the selectmen may 
power and authority conferred upon the mayor and alder- ^gu'iati'onV 
men of a city by section twenty-five of chapter twenty- carriages. 
eight of the Public Statutes : provided, that any rules and 
orders made by the selectmen under the authority hereof 
shall not take effect until they have been published at least 
one week in some newspaper published in the said town, 
if there is any newspaper published in said town, other- 
wise in the county in which said town is situated. This 
act shall not impair the right of a town to make by-laws 
relating to the subject. Aj^proved April 29, 1885. 

An Act to pkevent tue spread ok contagious diseases TUROUon (JJiapJiQS 
THE public schools. 

Be it enacted, etc., asfolloivs: 

Chapter sixty-four of the acts of the year eighteen hun- Pupiisnotto 
dred and eighty-four is hereby amended so that it shall then' any of ihe 
read as follows ; — The school committees shall not allow l^^gTcfof 
any pupil to attend the public schools while any member diphtheria, etc. 
of the household 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 ; and any pupil coming from such household 
shall be required to present, to the teacher of the school 
the pupil desires to attend, a certificate, from the attend- 
ing physician or board of health, of the facts necessary to 
entitle him to admission in accordance with the above 
regulation. Approved April 29, 1885. 



644 1885. — CiiAPTEKS 199, 200. 

Chap.l^Q An Act to incorpouate the wellfleet marine insurance 

COMPANY. 

Be it enacted, etc., as follows : 

Corporators. SECTION 1. James Swett, Richard R. Freerann, Sim- 

eon Atwood, John Swett, .Warren Newcomb, William L. 
Paine, Thomas Kemp, their associates and successors, arc 

?j^J^« '"^""^ ?"•■■ hereby made a corporation by the name of the AVellfleet 
Marine Insurance Company, in the town of Wellfleet, for 
the purpose of insuring against marine losses, with all the 

Powers and powcrs and privileges and subject to all the duties, re- 
strictions and liabilities set forth in all ffeneral laws which 
now are or hereafter may be in force relating to such cor- 
porations, except as hereinafter provided. 

Capital slock SECTION 2. Said Corporation shall havc a Capital stock 

and snares. „ , ■> i ^ ith t • ■< -i • 

or one hundred thousand dollars, divided nito shares of 
one hundred dollars each, and shall have the liberty to pay 
in and increase the said capital stock to an amount in the 
whole not exceeding two hundred thousand dollars. 

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

Approved April 29, 1885. 

Ch(ip.2,00 -^N -A^"^ "^^ authorize fire district number one of GREENFIELD 
TO ISSUE SECURITIES TO PAY ITS EXPENSES AND REFUND ITS IN- 
DEBTEDNESS. 

Be it enacted, etc., as fullows : 

i)[8tHc't''wJter Section 1. The fire district number one of the town 
Loan, not to ex- of Greenfield, for the purpose of payinor the necessary 

cued $100,000. JTI-I-.- 1 x(' i i 

expenses and liabilities now or hereafter incurred under 
the provisions of chapter two hundred and twenty-two of 
the acts of the year eighteen hundred and seventy, and of 
redeeminsf and refunding the notes and indebtedness 
of said fire district, may issue from time to time bonds, 
notes or scrip to an amount not exceeding in the aggre- 
gate one hundred thousand dollars ; such bonds, notes 
and scrip shall bear on their face the words Greenfield 
Fire District Water Loan, Act of 1885 ; shall be payable 
at the expiration of periods not exceeding thirty years 
from the date of issue ; shall bear interest payable semi- 
annually, at a rate not exceeding six" per centum per 
annum, and shall be signed by the treasurer and be 
countersigned by the chairman of the prudential com- 
May sell seruri- miitec of Said fii'c district. The said fire district may sell 

ties at public or ill- • ^ i i i ^1 

private sale. such sccuritics at public or private sale, or pledire the 



1885. — Chapter 200. 6i5 

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 contract- 
ing said loan, for the establishment of a sinking fund, and Sinking fund. 
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 re- 
main inviolate and pledged to the payment of said loan-, 
and shall be used for no other purpose. 

Section 2. The said fire district instead of establish- ^ua^ jfroponi'on- 
ing a sinkinof fund may, at the time of authorizing its said ate payments 

o o t/ ' _ o instead of estab- 

loan, provide for the payment thereof in such annual pro- iisiang siniiiug 
portionate payments as will extinguish the same within the 
time prescribed in this act ; and when such vote has been 
passed the amount required thereby shall, without further 
vote, be assessed by the assessors of said town of Green- 
field and collected in each year thereafter until the debt 
incurred by said fire district by its said loan shall be 
extinguished, in the same manner as other taxes are 
assessed and collected under the provisions of section 
fifty-four of chapter thirty-five of the Public Statutes. 

Section 3. The said tire district shall raise annually To raise an- 
by taxation a sum which, with the income derived from uon suffideliT* 
the water rates, will be sufficient to pay the current an- expeuserand 
nual expenses of operating its water works, and the '"terest. 
interest as it accrues on the bonds, notes and scrip issued 
as aforesaid by said fire district, and to make such contri- 
butions to the sinking fund and payments on the principal 
as may be r^'quired under the provisions of this act. 

Section 4. Section five of chapter two hundred and ^"g'^^alv'T"'^ 
forty-seven of the acts of the year eighteen hundred and 
eighty-three entitled "An Act to enable Fire District 
Numl)er One of Greenfield to increase its Water Supply," 
is amended by striking out, in the sixth line of said sec- 
tion, the word " town," and inserting in the place thereof 
the words " fire district." 

Section 5. The said fire district is authorized and f872!222"ex-'^ 
empowered through its prudential committee, or any tended. 
other agents appointed by it for the purpose, to do the 
acts and exercise the powers authorized and provided for 
by said chapter two hundred and twenty-two of the acts 
of the year eighteen hundred and seventy, which is hereby 
extended for that purpose. 

Section 6. This act shall take effect upon its passage. 

Approved April 29, ISSo. 



64:6 



1885. — Chapter 201, 



Land grantPd 
for a school 
building for 
fiducation of 
mutes. 



Chap.20\ An Act in aid of the Horace mann school for the deaf. 
Be it enacted^ etc., as follows: 

Section 1. The city of Boston is hereby granted per- 
petual right to hold, occupy and control, free of rent or 
charge by the Commonwealth, for the purpose of erecting 
and maintaining thereon a school building to be used for 
the education of deaf mutes and deaf children, a parcel of 
land now owned by the Commonwealth and situated on 
Newbury Street in said city, being described as follows : — 
beginning at a point on the southerly line of Newbury 
Street eighty-four feet easterly from Exeter Street ; thence 
easterly on the southerly line of Newbury Street seventy- 
five feet; thence southerly one hundred and twelve feet 
to a passageway sixteen feet wide ; thence westerly on 
the northerly line of said passageway seventy-five feet ; 
thence northerly one hundred and twelve feet to the 
southerly line of Newbury Street; containing eighty-four 
hundred square feet ; also all that part of said passage- 
way that lies northerly of its centre line and l^etween the 
easterly and westerly lines of said lot extended. The 
said school building and land shall be under the care and 
control of the school committee of the city of Boston. 
This grant is made however subject to the following stip- 
ulations, namely : — the city of Boston shall, within three 
years from the date of the passage of this act, erect on 
the said parcel of land a school building suitable for the 
use of the Horace Mann School for the Deaf, and shall 
thereafter maintain said school for the education of deaf 
mutes and deaf children who shall be sent to said school 
by the governor, with the approval of the board of educa- 
tion, or shall otherwise be lawfully sent to or received 
by the said school for instruction therein, and shall in 
respect to the erection of said building be subject to the 
restrictions heretofore contained in other conveyances 
by the Commonwealth of its land upon said Newbury 
Street. 

Section 2. If the city of Boston shall fail to erect the 
said school building within three years, or shall use said 
land, or any portion thereof, for any purpose foreign to 
the uses for which it is granted, it shall be lawful for the 
Commonwealth, by. its proper officers and servants, to 
take appropate action in the courts of the Commonwealth 
to the end that said parcel of land, or portion thereof, may 



Su'Vijoct to stipu- 
lations. 



Rpvereinn of 
land if Imilding 
18 not erected 
within three 
years. 



1885. — Chapter 202. 647 

be declared to be forfeited by the city of Boston, and the 
title therein be revested in the Commonwealth. 

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

Approved April 29, 1885. 

An Act to incorpouate the proprietors of tue fox cemetery Qhnfr\ 90^ 

IX the town of BERKLEY. 

Be it enacted, etc., as follows : 

Section 1. Herbert A. Dean, George R. Babbitt, Proprietors of 
William H. Fox, together with snch other persons as incorporated. ' 
shall become proprietors of lots in the cemetery herein- 
after mentioned, their successors and assigns, are hereby 
made a corporation by the name of the Proprietors of the 
Fox Cemetery ; and said corporation shall have all the 
powers and privileges, and be subject to all the duties, 
restrictions and liabilities set forth in the eighty-second 
chapter of the Public Statutes, except as is otherwise 
provided in this net. 

Section 2. The said corporation may purchase, take May take land 
and hold, in fee simple, for the purposes hereinafter set FoxXiryi^iig 
forth, a lot of land lying in Berkley, in the county of ^'■o"°d. 
Bristol, near to the late residence of Jabez Fox, deceased, 
and hitherto used and known as the Fox Burying Ground ; 
and may also acquire and hold personal property, not 
exceeding in amount the sum of twenty thousand dollars, 
to be applied to objects connected with and appropriate 
to the purposes of said corporation. 

Section 3. The said corporation shall hold and set ^^o ^°'<3 '»"<! for 
apart the aforesaid land for a cemetery or burial ground, 
and for the erection of tombs, cenotaphs or other monu- 
ments for or in memory of the dead ; and for this pur- 
pose shall have power to lay out the same in suitable lots 
or subdivisions, for family or other burial places ; to plant 
and embellish the same with trees, shrubbery and other 
appropriate ornaments ; to enclose and divide the same 
with suitable walls and fences, and to construct and annex 
thereto such suitable buildings, appendages and other 
conveniences as said corporation shall from time to time 
deem expedient. 

Section 4. The land aforesaid shall be, and hereby Exempt from 
is, exempted from all public taxes so long as the same '^^^''°"- 
shall remain dedicated to the purposes of a cemetery. 

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

Approved April 29, 1885. 



648 1885. — Chapteks 203, 204, 205. 

CllCLT) 203 -^^ '^^'^ '^^^ ESTABLISH THE SALARY OF THE JUDGE OF PROBATE AND 
INSOLVENCY FOR THE COUNTY OF SUFFOLK. 

Be it enacted, etc., as follows: 
fsfawTshed SECTION 1. The Salary of the judge of probate and 

insolvency for the county of Suifolk, beginning with the 
iirst day of January eighteen hundred and eighty-five, 
shall be five thousand dollars per annum, and at the same 
rate for any portion of a year. 

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

Approved April 29, 1885. 

Ck(ip.204: ^^ ^^"^ ^^ RELATION TO THE PAYMENT OP STATE AID TO THE WIDOWS 
OF CERTAIN SOLDIERS, SAILORS AND MARINES IN THE WAR OF THE 
REBELLION. 

Be it enacted, etc., as follows: 
fertain'widows Section 1. State aid maybe paid to the widow of any 
of soldiers, etc. soldicr, sailor or marine, described in the second sec- 
tion of chapter thirty of the Public Statutes, who was mar- 
ried to said soldier, sailor or marine before the ninth day 
of April eighteen hundred and seventy, and who is other- 
wise qualified to receive state aid under the provisions, 
limitations and regulations of said chapter. 
Repeal. Section 2. So much of scctiou three of chapter thirty 

of the Public Statutes as is inconsistent with this act 
is hereby repealed. 

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

Approved April 29, 1885. 



Ch(ip.205 An Act relating to clerical assistance in the office of the 

REGISTER OF PROBATE AND INSOLVENCY FOR THE COUNTY OF 
SUFFOLK. 

Be it enacted, etc., as follows: 
txlr7ci'eltcf\' Section 1. If deemed necessary by the judge of pro- 
assistaiice. -^^^^ ^^^^ insolvcucy for the county of Suffolk, the register 
for said county shall be allowed annually, commencing 
with the first day of January in the year eighteen hun- 
dred and eighty-five, a sum not exceeding twelve hundred 
dollars, for extra clerical assistance actually performed, 
to be paid from the treasury of the Commonwealth. 
p-TiSTaf Section 2. Section twenty-four of chapter one hun- 
dred and fifty-eight of the Public Statutes, relating to cleri- 
cal assistance, shall not hereafter apply to the county of 
Sufi"olk. 

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

Approved Ap)ril 29, 1885. 



1885. — Chapter 206. 649 

An Act to supply the towns of rockland, abington and soutu Q]ianJ2tO(S 

ABINGTON WITU WATER. 

Be it enacted^ etc., asfoUo^vs: 

Section 1. The towns of Rocklaiul, Abington and water 8„pp,y 

111 1 for l{()ckland, 

oouth Abino;ton, may severally supply themselves and Abiiifnon and 
Iheir respective inhabitants with water for the extinguish- "' '"^-on. 
ment of tires and for domestic and other purposes. Each 
of said towns within its respective limits may establish 
fountains and hydrants, re-locate or discontinue the same, 
may regulate the use of such water, and fix and collect 
rates to be paid for the use of the same. 

Section 2. The said towns for the purposes afore- May take 

• i-.i !• '11 1*1 waters of Great 

said, lu the manner herem prescribed, may each take, sandy Bottom 
and any two or all of them, may unite and jointly take, ^"oife!"^^"" 
by purchase or otherwise, and hold and convey to and 
into the said towns, or either of them, from some con- 
venient point in the town of Pembroke, through the town 
of Hanson, the waters of Great Sandy Bottom Pond in 
the town of Pembroke, and the waters which flow into 
and from the same, or any part thereof; and may also 
take, by purchase or otherwise, and hold 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 towns, or 
of either of them, and may erect on the land thus taken or May take lands 
held proper dams, buildings, fixtures and other struc- etrucTures. 
tures, and may make excavations, procure and operate 
machinery, and provide such other means and appliances 
as may be necessary for the establishment and mainten- 
ance of complete and effective water works, and may con- 
struct and lay down conduits, pipes and other works, May lay down 
under or over any lands, water courses, railroads, or pub- p^pes"."* ""^ 
lie or private ways, and along any such way, in such 
manner as not unnecessarily to obstruct the same; and 
for the purpose of constructing, maintaining and repairing 
such conduits, pipes and other works, and for all proper 
purposes of this act, said towns, or such of them as unite, 
or either of them, may dig up any such lands, and, under Maydigup 
the direction of the board of selectmen, or road commis '*" ^'^°' 
sioners, 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. 



650 



1885. — Chapter 20G. 



Description of 
lands, etc., 
taken, to be 
filed in tlio 
r<'gistry of 
deeds. 



Liability for 
damagoB. 



Application for 
damai^es not to 
he made until 
water is actually 
diverted. 



Towns may 
severally issue 
bonds, etc. 



Section 3. The said towns, or such of them as take 
the same, shall, within sixty days after the taking of any 
lands, rights of way, water rights, water sources or ease- 
ments as aforesaid, otherwise than by purchase, file and 
cause to be recorded, in the registry of deeds for the 
county within which such lands or other property is situ- 
ated, a description thereof, snfBciently accurate for identi- 
fication, with a statement of the purpose for which the 
same were taken, signed by the water commissioners, 
hereinafter provided for, of the town taking the same 
separately ; and in case of a joint taking, by the chairman 
of each construction committee of the towns participating 
in such joint taking. 

Section 4. The said towns, or such of them as act 
jointly, shall jointly pay all damages sustained by any 
person or corporation in property by the joint taking of 
any land, right of way, water, water source, water right 
or easement, or by any other thing done by said towns, 
or such of them as act jointly, under the authority ot 
this act. And each of said towps shall respectively pay 
all damages sustained by any person or corporation in 
property by the separate taking of any land, right of way, 
water, water source, water right or easement, or by any 
other thing done by such town, acting separately, under 
the authority of this act. Any person or corporation 
sustaininsr damages as aforesaid under this act, who fails 
to agree with said towns, or such of them as unite, when 
acting jointly, or with either of them when acting sepa- 
rately, 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 ;it 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- 
ment of damages shall be made for the taking of any water, 
water right, or for any injury thereto, until the water is 
actually withdrawn or diverted by said towns, or such of 
them as unite, acting jointly, or by either of them acting 
separately, under the authority of this act. 

Section 5. Each of said towns may, for the purpose 
of paying the necessary expenses and liabilities incurred 
under the provisions of this act, issue from time to time, 



1885. — Chapter 206. 651 

bonds, notes or scrip, as follows: the town of Rockland Rockland, not 
to an amount not exceeding, in the aggregate, one hun- $150,000. 
dred and fifty thousand dollars; the town of Abington excewihlg"" 
to an amount not exceeding, in the aggregate, one hundred somh Ahini^- 
and fifty thousand dollars; the town of South Abington [^^'l^^^oX"'' 
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, — the 
whole amount, together with those heretofore issued by 
said town, not to exceed in the aggregate one hundred 
and fifty thousand dollars. Such bonds, notes or scrip, 
issued by the town of Rockland, shall bear on their face 
the words " Rockland Water Loan ; " those issued by the 
town of Abington shall bear on their face the words 
"Abington AVater Loan ;" those issued by the town of 
South Abington shall bear on their face the words *' South 
Abington Water Loan." Such bonds, notes or scrip shall 
be payable at the expiration of periods not exceeding thirty 
years from the date of issue ; shall bear interest, payable 
semi-annually, at a rate not exceeding six per centum 
per annum, and shall be signed by the treasurer, and be 
countersigned by the water commissioners, hereinafter 
provided for, of the town issuing the same. Each of said tYeYarpubiic'rr 
towns may sell its respective securities at public or private private sak. 
sale, or pledge the same for money borrowed for the pur- 
poses of this act, upon such terms and conditions as it 
may deem proper. Each of said towns shall provide, at 
the time of contracting its respective loan, for the estab- 
lishment of a sinking fund, and shall annually contribute 
to such fund a sum sufficient, with the accumulations 
thereof, to pay the principal of its said loan at maturity. 
The said sinking fund shall remain inviolate and pledged sinking fund. 
to the payment of said loan, and shall be used for no other 
purpose. 

Section 6. Each of said towns, instead of establish- May make 

... annual propor- 

ing a sinking fund, may, at the time of authorizing its tionatepay. 

?, .-1 • -I /• ..1 i. XI c • ments instead of 

said respective loan, provide tor the payment thereof in providing sink- 
such annual proportionate payments as will extinguish *"^ ""'^" 
the same within the time prescribed in this act ; and when 
such vote has been passed, the amount required thereby 
shall, without further vote, be assessed by the assessors of 
each town respectively so providing and voting, in each 
year thereafter, until the debt incurred by each town 
respectively by its said loan shall be extinguished, in the 



G52 



1885. — Chapter 206. 



Return, to state 
amount of sink- 
ing fund, etc. 



Each town to 
r.iise annually 
sufficient to 
pay current 
expenses and 
interest. 



Water supply 
for town of 
Hanson. 



Any two of the 
towns may 
jointly take 
water, etc. 



ProviBO. 



same manner as other taxes are assessed under the pro- 
visions of section thirty-four of chapter eleven of the Pub- 
lic Statutes. 

Section 7. The return required by section ninety-one 
of chapter eleven of the Public Statutes shall state the 
amount of any sinking fund established under this act, and 
if none is established whether action has been taken in 
accordance with the provisions of the preceding section, 
and the amounts raised and applied thereunder for the 
current year. 

Section 8. Each of said towns shall raise annually, 
by taxation, a sum which, with the income derived from 
its water rates, will be sufficient to pay the current annual 
expenses of operating its water works, and the interest as 
it accrues on the bonds, notes and scrip issued as afore- 
said by each town respectively, and to make such contri- 
butions to its sinking fund and payments on the principal 
as may be required under the provisions of this act. 

Section 9. Each of said towns, or such of them as 
unite and jointly act, are authorized to contract for and 
furnish, from its or their water supply, to the town of 
Hanson or any of its inhabitants, a supply of water for 
the use of the town of Hanson and its inhabitants, for the 
extinguishment of fires and for domestic and other pur- 
poses, on such terms as may be agreed upon between said 
towns enterino: into such agreement, and to make the 
necessary connections of its or their conduits or pipes 
with the conduits or pipes of the town of Hanson, or with 
the premises of any of its inhabitants desiring a supply of 
water : provided, that nothing herein contained shall be 
construed to compel the towns accepting this act to make 
such connections or to furnish said supply of water. 

Section 10. Any two of said towns accepting this act 
if they unite and jointly take water from the source and 
as provided in section two, in case the remaining town 
declines to participate in such taking, by not accepting 
this act, are authorized to contract for and furnish, from 
such water supply, to the town so declining to partici- 
pate, a supply of water for the use of such remaining town 
and its inhabitants, for the extinguishment of fires and for 
domestic and other purposes, on such terms as may be 
agreed upon between said towns, and to make the neces- 
sary connections of their conduits or pipes with the con- 
duits or pipes of such remaining town : provided, that 



1885. — Chapter 206. 653 

nothing herein contained shall be construed to compel 
the towns that unite and jointly take said water to make 
such connections or to furnish a supply of water to such 
remaining town. 

ISection 11. Whoever wilfully or wantonly corrupts, Penalty for cor- 
pollutes or diverts any of the waters taken or held under n'jurhfgVroi)-''^ 
this act, or injures any structure, work or other property ''"^'' 
owned, held or used by said towns or any two of them 
jointly, or either of them separately, under the authority 
and for the purposes of this act, shall forfeit and pay to 
said towns so jointly, or to either of them so separately, 
owning, holding or using the same, three times the amount 
of damages assessed therefor, to be recovered in an action 
of tort ; and upon conviction of either of the above wilful 
or wanton acts shall be punished by a fine not exceeding 
three hundred dollars or by imprisonment not exceeding 
one year. 

Section 12. Each of said towns mentioned in section Constmct'on 
one shall after its acceptance of this act, at a legal town *='''"'^*"'^'^^- 
meeting called for the purpose in each town, elect by 
ballot three persons who shall constitute a construction 
committee, and each of said towns of Rockland and 
Abington shall at such meeting elect by ballot three per- 
sons 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 commis- water commis- 
sioners ; and at each annual-town meeting thereafter one *'°°'"^'" 
such commissioner shall be elected by each town by ballot 
for the term of three years. All the authority granted to 
each of the said towns of Rockland, Abington and South 
Abington by this act, when acting separatel}', and not 
otherwise specifically provided for, shall be vested in the 
board of water commissioners of each town respectively, 
who shall be subject however to such instructions, rules 
and regulations as each town respectively may impose by 
its vote; the said commissioners of each town shall bo 
trustees of the sinking fund herein provided for, of their Trustees of siuk 
respective towns, and a majority of said commissioners '"s*""""^- 
shall constitute a quorum for the transaction of business 
relative both to the water works and to the sinking fund 
of their respective towns. Any vacancy occurring in any 
of said boards from any cause, may be filled for the re- 
mainder of the unexpired term by the town to which such 



G54 1885. — Chapter 206. 

hoard belongs at any legal town meeting of such town, 
called for the purpose. 
Powers to lake SECTION 13. All anthoHty conjointly granted to said 
granted to towns towus, or to sucli of thcm as Unite and jointly act as pro- 
the construcUon vidcd iu scction two, and not otherwise specially provided 
committees. ^^^^ ^ shall, for the purposes of taking waters, lands, rights 
of way and easements, for and during the construction of 
the joint water works and their appurtenances, be vested 
in the several construction committees of the towns which 
so unite and jointly act, and such construction committees 
acting jointly shall contract for and have the supervision, 
management and control of the construction of such joint 
water works and appurtenances, and all matters apper- 
taining thereto; and when such joint water works are 
completed, all authority conjointly granted to saiJ towns, 
or to such of them as unite and jointly act, shall be vested 
Powers to be j^ q ioiut watcr board, to be composed of the several 

vested in com- i i « . . „ , . , . 

missionerswiien l)oards of watcr commissioucrs, for the tune bemg, oi the 
pitted. towns which so unite and jointly act, and such joint water 

board shall have the supervision, management and control 
of the waters jointly taken and held by such towns under 
this act, and the letting down of the same, and of all the 
water works, property and appurtenances jointly owned, 
held or used by such towns. 
damages. ^""^ SECTION 14. The damages arising from the joint tak- 

ing by said towns, or by such of them as unite and jointly 
act, of any waters, lands, rights of way or easements, or 
from any other thing done by such towns acting jointly, 
and the cost, charges and expenses of the construction and 
maintenance and running of the joint water works and ap- 
purtenances, shall be borne and paid equally by the towns 
which unite and jointly act ; and such towns shall jointly 
own, hold and use the same ; and each of such towns 
shall be entitled to an equal share of said waters. lu 
case the said towns which unite and jointly act, or their 
officers or agents, appointed as provided in this act, can- 
not agree in any matter arising under or in carrying out 
the purposes of this act, then the matter in controversy 
shall be determined by three commissioners, to be ap- 
pointed by the supreme judical court, upon application of 
cither of such towns, through its said officers or agents, 
and notice to the others, whose award, when accepted by 
said court, shall be binding upon all parties. 



1885. — Chapters 207, 208. 655 

Section 15. This act shall take effect, so far as the subject to ac 

, ci'ptance by 

town accepting the same is concerned, upon its accept- two-thirds vote. 
ance by a two-thirds vote of the voters of either of said 
towns mentioned in section one, present and voting there- 
on at a legal town meeting called for that purpose, in each 
of said towns, within one year from its passage ; but the 
number of meetings called for that purpose, in each town, 
shall not exceed three : provided^ that neither of said towns Proviso, 
accepting this act shall proceed to take, by purchase or 
otherwise, either separately or jointly, any waters from 
the source mentioned in section two, until the expiration 
of one year from the passage of this act, unless the same 
has been accepted by all of the towns mentioned in sec- 
tion one within said year ; and provided, that if all of said 
towns, or any two of them, accept this act, within the 
time and in the manner herein prescribed, neither of such 
towns shall separately take any waters from said source, 
but the towns so accepting this act shall jointly take such 
waters, and jointly and separately act as herein provided. 

Approved April 30, 1885. 

An Act to authorize the boston and lowell kailroad Qhnry^^fl 
corporation to hold, manage and dispose of certain 
property. 

Be it enacted, etc., as follows : 

Section. 1 The Boston and Lowell Railroad Corpora- Mayhouiand 
tion may hold, own, manage and dispose of the property tam°propenyi 
and estate which the Boston, Concord and iMontreal Rail- 
road, by its lease, dated June nineteenth, eighteen hun- 
dred and eighty-four, agreed to convey to it or to trustees 
for its benetit. 

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

Approved April 30, 1885. 
An Act to incorporate the boston limited partnership /^/.^^^ 90^ 

COMPANY. ^ "^ 

Be it enacted, etc., as follows : 

Section 1. William Claflin, John D. W. Joy, Jona- Boston Limited 
than A. Lane, Joseph Sawyer, John F. Anderson, companV.'^ 
Thomas Dana, I. T. Burr, Tilly Haynes, Ezra Farns- i°<='"-p°'-'"«^- 
worth, their associates and successors, are made a cor- 
poration by the name of Boston Limited Partnership 
Company, with all the powers, rights and privileges and 



capital. 



656 1885. — Chatter 208. 

subject to all the duties, restrictions and liabilities set 
fortii in all general" laws which now are or may hereafter 
be in force applicable to this corporation. 

Capital stock Section 2. The capital stock of said company shall 

be two hundred thousand dollars and shall be divided 
into shares of one hundred dollars each ; said capital stock 
may be increased from time to time in the manner pro- 
vided by law to any sum not exceeding two million dol- 
lars ; and it shall not commence business until its entire 
original capital is actually paid in, in cash. The office 
and principal place of business of said corporation shall 
be in the city of Boston, and it shall have the powers in 
respect to the election, tenure and duties of its officers 
conferred by sections four and five of chapter one hundred 
and five of the Public Statutes. 

May furnish SECTION 3. Said compauy may furnish money to any 

money to be , . ^ . , i i • 

used as business persou, Copartnership or corporation, to be used as busi- 
ness capital in such sum, tor such time and on such terms 
as may be agreed on : provided, that not more than ten 
per cent, of its capital and surplus shall be furnished to 
any one persou, copartnership or corporation including in 
the money furnished to any copartnership all furnished 
lo the several members thereof; and may contract for 
interest, or a share of the profits of the business in which 
such capital is to be employed, or both, for the use thereof. 
Certificate of In cvcry such casc the parlies shall execute a certificate stat- 
tl™tobe°ref'^'"' ing the amount of such capital and the period for which 
corded, etc. ^^^ samc is fumishcd, which shall be acknowledged, filed, 
recorded and published in the same manner as certificates 
of limited partnership. Capital so furnished, with any 
share of profits due as such fur the use thereof, shall be 
and remain at the risk of the business in which it is em- 
ployed, and shall be in no part withdiawn, during the 
period named in the certificate, unless it is otherwise pro- 
vided and stated therein ; and in case of such withdrawal 
of such cnpital or profits, or of any part thereof, under 
such provision, the same shall nevertheless remain liable 
lor the payment of all debts contracted prior to such with- 
drawal and notice thereof, which notice shall be given as 
prcscril)ed by law in case of the dissolution of a limited part- 
nership. And nothing in the contracts or business herein 
provided for shall establish the relation of copartners be- 
tween said company and any other person, copartnership 
or corporation ; and said company shall not be in any way 



1885. — Chapter 209. 657 

liable or responsible as a copartner by reason or in con- 
sequence thereof. 

Section 4. The directors of said company may serai- Dividends. 
annually declare a dividend of so much of the net profits 
of the company as they shall judge expedient but shall 
before the declaration of a dividend carry one-tenth part 
of its net profits of the preceding half year to its surplus 
fund until the same shall amount to ten per centum of its 
capital stock : provided, that no dividend shall be declared 
and paid in excess of the net earnings after providing for 
the required reserve. 

Section 5. The commissioners of savings banks shall subjecttosupre 

T . . . /!• • 1 Vision by bank 

inspect, examme and inquire into the aiiairs, have access commissioners. 

to the vaults, books and papers of said corporation ; and 

said corporation shall make returns to the savings bank Returns. 

commissioners in such manner as may be prescribed by 

them once in each year at least, and at other times when 

said commissioners shall by written notice direct the same 

to be made, and to the same extent as if this corporation 

were a savings bank. 

Section 6. Said company shall be subject to taxation subject to taxa- 
upon its corporate franchise as other business corporations ^'°"' 
are taxable under the provisions of sections thirty-eight, 
thirty-nine and forty of chapter thirteen of the Public 
Statutes. Approved April 30, 1S85. 

An Act confirming the acts of the fish committee op the QJiqj) '?09 
towns of dennis and yarmouth relating to the regula- 
tion of the fisheries in bass river. 

Be it enacted, etc., as follows: 

Section I. The acts of the committee of the town of Acts of commis- 
Dennis and the committee of the town of Yarmouth, act- vaMf*'"^ ^ 
ing as a fish committee under chapter thirty-seven of the 
acts of the year one thousand eight hundred and forty- 
nine, are hereby made valid and confirmed to the same 
extent as though the committee of the town of Dennis had 
been chosen annually instead of for the term of three 
years, and the said committee as now constituted shall 
continue to exercise the powers of lish committee under 
said chapter until their successors are chosen at the next 
annual town meetings in said respective towns. 

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

Apjjroved May 1, 18S5. 



658 



1885. — Chapters 210, 211. 



Payment of 
check or draft 
after the death 
of the drawer. 



CllClV.^XO ^^ ^^"^ "^^ AUTHORIZE THE PAYMENT OF CHECKS, DEMAND DRAFTS, 
AND SAVINGS BANK ORDERS, IN CASE OK THE DEATH OF THE 
DRAWER BEFORE PAYMENT. 

Be it enacted, etc., as follows: 

Section 1. Any depositary subject to withdrawal by 
cheek or demand draft may pay any check or demand 
draft drawn by any person who has funds on deposit to 
meet the same, notwithstanding the death of such drawer 
in the interval of time between drawing such check or de- 
mand draft and its presentation for payment, when such 
presentation shall be made within ten days after the date 
of such check or demand draft. 

Section 2. Savings banks and institutions for savings 
are hereby authorized and empowered to pay any savings 
bank order, drawn by any person who has funds on de- 
posit to meet the same, notwithstanding the death of such 
drawer in the interval of time between signing such sav- 
ings bank order and its presentation for payment, when 
said presentation shall be made within thirty days after 
the date of such savings bank order ; and at any subse- 
quent period, provided the depositary has not received 
actual notice of the death of the drawer. 

Section 3. All acts or parts of acts inconsistent here- 
with are hereby repealed. 

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

Approved May 4, 1885. 



Payment by 
savings banks. 



Repeal. 



C/i«79.211 "^^ ^^^ REQUIRING CITIES AND 



TOWNS TO GIVE CERTAIN NOTICES 
CONCERNING STATE POOR SUPPORTED BY THEM. 

Be it enacted, etc., as follows : 
Notices concern- SECTION 1. Scctious twcnty-five, twcuty-six and thirty- 

ing stftt6 Door »/ ' •/ »/ 

supported by ouc of chaptcr eighty-si.K of the Public Statutes are hereby 
ci lesan owns, jj^j^g^^jgj gy j^g ^q xGnd as follows : — Sectioii 25. No city 
or town officer shall be allowed to send to the almshouse 
any person infected with small-pox or other disease dan- 
gerous to the public health, or any other sick person 
whose health would be endangered by removal ; but all 
such persons liable to be maintained by the Commonwealth 
shall be supported during their sickness by the city or 
town in which they are taken sick, and notice of such sick- 
ness shall be given to the state board, which may examine 
the case and order the removal of the patient if it deems 
it expedient : provided^ that the notice herein required, 



Proviso. 



1885. — Chapter 212. 659 

in cases of sick persons whose liealtli would be endangered 
by removal, shall be signed by the overseers of the poor, 
or by such officer as they may see fit by special vote to 
appoint, and they or he shall certify, after a personal ex- 
amination, that in their or his opinion such removal of 
the person named in such notice, at the time of his appli- 
cation for aid, would endanger his health. Section 26. ^f^^Tu'r^Jfi ^y 
The expense incurred by a city or town under the pro- Commonwealth. 
visions of the preceding section, after notice has been 
given as therein required, shall be re-imbursed by the 
Commonwealth, the bills for such support having been 
approved by the state board or by some person desig- 
nated by it, the bills so audited being endorsed with a 
distin-ct declaration that the amount charged for has been 
paid from the city or town treasury. Section 31. The 
expense of thus supporting the person who is a state pau- 
per, written notice having been given to the state board 
within sixty days from the time when such aid shall be 
first given, shall be paid by the Commonwealth, reference 
being had to the expense of supporting such person at the 
almshouse, if thereto committed. 

Section 2. This act shall take effect on the first day To tnke effect 
of July in the year eighteen hundred and eighty-five. " ^ ' 

Approved May 5, 1885. 
An Act to provide for rebuilding a portion of the jail at Qhnj) 212 

NEW BEDFORD. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of the county jaji to here- 
of Bristol are hereby authorized and required to rebuild ''"'"" 
that part of the jail at New Bedford known as the old 
prison, and for said purpose may borrow on the credit of 
the county a sum not exceeding seventy-five thousand 
dollars. The new structure shall contain not less than 
one hundred cells : provided, however, that said commis- Proviso. 
sioners may construct a portion of said one hundred cells 
in an addition to that part of the said jail known as the new 
prison. They may make such other repairs and alterations 
as they shall consider necessary. The plans for said work 
shall be subject to the approval of the commissioners of 
prisons. 

Section 2. In carrying out the provisions of this act. Convicts may be 

. •' O I •111 employed. 

said county commissioners may employ the convicts held 



660 1885. — Chapters 213, 2U. 

in the jail or house of correction, and shall not be required 
to let out by contract the labor on said building, nor to 
advertise for proposals, as provided in section twenty -two 
of chapter twenty-two of the Public Statutes. 

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

Approved 3Iay 5, 1885. 



Cliap.21^ 



An Act to authorize the town of wellesley to make an 
additional water loan. 

Be it enacted^ etc., as foUoivs : 

Wellesley Water Section 1. The towu of Wellcsley, for the purposes 
kig'^srTs'oooi''^'^ mentioned in section five of chapter one hundred and 
sixty-six of the acts of the year eighteen hundred and 
eighty-three, may issue bonds, notes or scrip, to be de- 
nominated on the face thereof " Wellesley Water Loan," 
to an amount not exceeding fifty thousand dollars in addi- 
tion to the amounts heretofore authorized by law to be 
issued by said town for the same purposes ; said bonds, 
notes or scrip to be issued upon the same terms and con- 
ditions and with the same powers as are provided in said 
act for the issue of the " Wellesley Water Loan" by said 
Proviso. town : provided, that the whole amount of 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 one hundred 
and seventy-five thousand dollars. 

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

Approved May 7, 1885. 



Cliap.2\4. 



lisbed. 



An Act to increase the salary of the third commissioner of 

state aid. 

Be it enacted, etc., as follows : ^ 

salary estab- SECTION 1. Scctiou ouc of chapter thirty of the Pub- 

lie Statutes is hereby amended so as to read as follows : 
— The auditor of the Commonwealth, the adjutant-general, 
and some competent third person to be appointed by the 
governor and council, with a salary to be fixed by them 
not exceeding eighteen hundred dollars per annum, who 
shall devote his whole time to the duties of his office, 
shall be commissioners of state aid, and shall investigate, 
so far as the interests of the Commonwealth may require, 
all payments for aid under this chajDter. 

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

Approved May 7, 1885. 



1885. — Chapteks 215, 216. 661 

An Act providing for the removal of the remains of the Qlui^y 215 

DEAD FROM THE CEMETERY ON THE JOSEPH SANGER ESTATE IN 
SHERBORN. 

Be it enacted, etc., asfoUoivs: 

Section 1. The town of Sherborn is hereby authorized Ji°7"remaint 
under the direction of its selectmen to remove the remains of ouhe dead from 

. old burying 

the dead and the monuments erected to their memory, irom grouud. 
the old burying ground on the Joseph Sanger estate in 
said town : provided, however, that the selectmen of said 
town shall first give thirty days notice in a newspaper 
published in an adjoining town that such removal is in- 
tended ; and provided, also, that the owners of the said 
burying ground shall first waive in writing all claim for 
damage resulting by reason of such removal. Said re- 
mains so removed shall be interred in such cemetery in 
said town as said selectmen may designate, and said 
monuments or other suitable monument or monuments 
shall be erected in the cemetery so designated ; if, how- 
ever, the relatives or friends of those whose remains are Remains so 
removed shall so request in writing, said remains shall be rehiter'red? '^^ 
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 pur- May purchase 

1 1 j_ 1 X' 1 1 i • .. lotsin anyceme- 

chase and take conveyances oi such lots m any cemeterj' tery. 
in said town as may be necessary for carrying out the 
purposes of this act. 

Section 3. Said town is hereby authorized at any May raise by tax 
legal town meeting called for that purpose to raise by $200!'"'''^'^'°^ 
taxation and appropriate for the purposes of this act a 
sum not exceeding two hundred dollars. 

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

Approved May 7, 1885. 

An Act prohibiting the sale or delivery of intoxicating /^7;/-#»i 91() 

LIQUORS ON election DAYS. 

Be it enacted, etc., asfoUoivs: 

Section 1. Any common victualler having a license to intoxicating 

,,. -J- 1. 1 '11 i'ii/»i.ii liquors not to he 

sell intoxicatmg liquors under either or the iirst three sold on eiectioa 
classes of section ten, chapter one hundred of the Public '^^^' 
Statutes, who shall sell, give away or deliver, on the 
licensed premises, any of such liquors on the day when 
any national, state, municipal or annual town election is 
held in the city or town where such premises is situated, 
shall be liable to a penalty of fifty dollars for each ofience. 



662 



1885. — Chapter 217. 



"Water supply 
for Braimree, 
Randolph and 
Holbrook. 



Towns may 

jointly take 



sei'i'tri'uebtr^^ Section 2. Any innkeeper having a license to sell 
intoxicatinoj liquors, who shall, on the day of any election 
named in the first section of this act, and held as provided 
in said section, sell, give away or deliver, in his inn, any 
intoxicating liquors, except to guests duly registered, shall 
be liable to a penalty of fifty dollars for each ofi'ence. 

Approved May 7, 18S5. 

QJiaiJ.217 ^^ ^^^ '^^ SUPPLY THE TOWNS OF BUAINTREE, RANDOLPH AND 

HOLBROOK WITH WATER. 

Be it enacted, etc., as follows: 

Section 1. The towns of Braintree, Randolph and 
Holbrook may severally supply themselves, and their 
respective inhabitants, with water for the extinguishment 
of fires and for domestic and other purposes. Each of 
said towns, within its respective limits, may establish 
fountains and hydrants, re-locate or discontinue the same, 
may regulate the use of such water and fix and collect 
rates to be paid for the use of the same. 

Section 2. The said towns for the purposes aforesaid, 

waters oV Great in the mauuer herein provided, may ea(;h take, and any 
two or all of them may unite and jointly take, by pur- 
chase or otherwise, and hold and convey to and into the 
said towns, or either of them, from some one convenient 
point, and in case of a joint taking through a common con- 
duit, the waters of Great Pond in the towns of Braintree 
and Randolph and the waters which flow into and from 
the same, or any part thereof; and may also take, by 
purchase or otherwise, and hold any water rights con- 
nected 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 towns, or 
of either of them, and may erect on the land thus taken 
or held proper dams, buildings, fixtures and other struct- 

Maymakeesca. urcs, and mav make excavations, procure and operate 

vations and pro- ' '' 'A \ 

cure and operate machinery, and provide such other means and appliances 
as may be necessary for the establishment and mainten- 
ance of complete and efiective 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 same ; and 
for the purpose of constructing, maintaining and repairing 
such conduits, pipes and other works, and for all proper 



machinery. 



1885. — Chapter 217. 6G3 

purposes of this act, said towns, or such of them as unite, 

or either of them, may dig up any such lands, and may Maydigupianos 

enter upon and dig up any ways in either of said towns, *" ^''^'*' 

in such manner as to cause the least hindrance to public 

travel on such ways. 

Section 3. The said towns, or such of them as take Description of 
the same, shall, within sixty d;i3's after the taking of any toVeTecoiVied 
lands, rights of way, water rights, water sources or ease- ofdeedsf'*''^ 
ments as aforesaid, otherwise than by purchase, file and 
cause to be recorded, in the registry of deeds for the 
county within which such lands or other property is situ- 
ated, a description thereof sufficiently accurate for identifi- 
cation, with a statement of the purpose for which the same 
were taken, signed by the water commissioners, herein- 
after provided for, of the town taking the same separately ; 
and, in case of a joint taking, by the chairman of each 
board of water commissioners of the towns participating 
in such joint taking. 

Section 4. The said towns, or such of them as act Liability for 
jointly, shall jointly pay all damages sustained by any ^'°''^'"'" 
person or corporation in property by the joint taking of 
any land, right of way, water, water source, water right or 
easement, or by any other thing done by said towns, or such 
of them as act jointly, under the authority of this act. 
And each of said towns shall, respectively, pay all dam- 
ages sustained by any person or corporation in property 
by the separate taking of any land, right of way, water, 
water source, water right or easement, or by any other 
thing done by such town, acting separately, under the 
authority of this act. Any person or corporation sustain- 
ing damages as aforesaid under this act, who fails to agree 
with said towns, or such of them as unite, when acting 
jointly, or with either of them when acting separately, as 
to the amount of damages sustained, may have the dam- 
ages assessed and determined in the manner provided by 
law when land is taken for the laying out of highways, 
on application at any time within the period of three years 
from the taking of such land or other property, or the 
doing of other injury, under the authority of this act ; but 
no such application shall be made after the expiration of 
said three years. No application for assessment of dam- 
ages shall be made for the taking of any water, water 
right, or for any injury thereto, until the water is act- 
ually withdrawn or diverted by said towns, or such of 



664 



1885. — Chapter 217. 



Water loans. 



Sinking funds 
10 be provided. 



May make an- 
nual proportion- 
ate payments. 



them as unite, acting jointly, or by either of them acting 
separately, under the anthority of this act. 

Section 5. Each of said towns may, for tlie purpose 
of paying the necessary expenses and liabilities incurred 
under the provisions of this act, issue from time to time, 
bonds, notes or scrip as follows : the town of Braintree to 
an amount not exceeding, in the aggregate, one hundred 
thousand dollars ; the town of Randolph to an amount 
not exceeding, in the aggregate, one hundred thousand 
dollars ; the town of Hoi brook to an amount not exceed- 
ing, in the aggregate, one hundred thousand dollars. 
Such bonds, notes or scrip issued by the town of Brain- 
tree shall bear on their face the words " Braintree Water 
Loan"; those issued by the town of Randolph shall bear 
on their face the words " Randolph Water Loan " ; those 
issued by the town of Holbrook shall bear on their face 
the words "Holbrook Water Loan." Such bonds, notes 
or scrip shall be payable at the expiration of periods not 
exceeding thirty years from the date of issue ; shall bear 
interest, payable semi-annually, at a rate not exceeding 
six per centum per annum, and shall be signed by the 
treasurer, and be countersigned by the water commis- 
sioners hereinafter provided for, of the town issuing the 
same. Each of said towns may sell its respective securi- 
ties 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. Each of said 
towns shall provide, at the time of contracting its respect- 
ive loan, for the establishment of a sinking fund, and shall 
annually contribute to such fund a sura sufficient, with 
the accumulations thereof, to pay the principal of its 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. 

Section 6. Each of said towns, instead of establish- 
ing a sinking fund, may, at the time of authorizing its said 
respective loan, provide for the payment thereof in such 
annual proportionate payments as will extinguish the same 
within the time prescribed in this act ; and when such vote 
has been passed, the amount required thereby shall, with- 
out further vote, be assessed by the assessors of each town 
respectively so providing and voting, in each year there- 
after, until the debt incurred by each town respectively 
by its said loan shall be extinguished, in the same manner 



1885. — Chapter 217. 665 

ns other taxes are assessed uuder the provisions of section 
thirty-four of chapter eleven of the Public Statutes. 

Section 7. The return required by section ninety-one Return of 
of chapter eleven of the Public Statutes shall state the lugfund. 
amount of any sinking fund established uuder this act, 
and if none is established whether action has been taken 
in accordance with the provisions of the preceding section, 
and the amounts raised and applied thereunder for the 
current year. 

Section 8. Each of said towns shall raise annually, by to raise by tax 
taxation, a sum which, with the income derived from its fnter^est'and cuT- 
water rates, will be sufficient to pay the current annual ■"^'it expenses. 
expenses of operating its water works, and the interest as 
it accrues on the bonds, notes and scrip issued as afore- 
said by each town respectively, and to make such contri- 
butions to its sinking fund and payments on the principal 
as may be required under the provisions of this act. 

Section 9. Either of the towns which shall take, or Either town, 
any two of them which unite and jointly take, water from act'ma^^uppiy 
the source and as provided in section two, in case the ^e™^'°>"stowa, 
remaining town or towns decline, by not accepting this 
act within the time hereinafter limited, to participate in 
such taking, are authorized to contract for and furnish 
from such water supply to the town or towns so declining 
to participate, a supply of water for the use of such re- 
maining town or towns and the inhabitants thereof, for 
the extinguishment of fires, and for domestic and other 
purposes, on such terms as may be agreed upon between 
said towns, and to make the necessary connections of 
the conduits or pipes of the town or towns so taking with 
the conduits or pipes of such remaining town or towns : 
2}rovided, that nothing herein contained shall be construed Proviso. 
to compel the town or towns so taking to make such con- 
nections or to furnish a supply of water to such remain- 
ing town or towns. 

Section 10. Whoever wilfully or wantonly corrupts, Penalty for ror- 
pollutes or diverts any of the waters taken or held under or injuring 
this act, or injures any structure, work or other property p'""?''"^- 
owned, held or used by said towns, or any two of them 
jointly, ov either of them separately, under the authority 
and for the purposes of this act, shall forfeit and pay to 
said towns so jointly, or to either of them so separately, 
owning, holding or using the same, three times the amount 
of damages assessed therefor, to be recovered in an action 



666 



1885. — Chapter 217. 



Water commis- 
sioners to be 
elected. 



To be trustees 
of sinking fund. 



Joint board of 
■wafer commis- 
sioners. 



of tort ; and upon conviction of either of the above wil- 
ful or wanton acts shall be punished by a fine not exceed- 
ing three hundred dollars or by imprisonment not exceeding 
one year. 

Section 11. Each of said towns shall, after its accept- 
ance of this act, at a legal town meeting called for the 
purpose in each town, 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 each town by ballot for the term of 
three years. All the authority granted to each of the 
said towns by this act, when acting separately, and not 
otherwise specifically provided for, shall be vested in the 
board of water commissioners of each town respectively, 
who shall be subject, however, to such instructions, rules 
and regulations as each town respectively may impose by 
its vote ; the said commissioners of each town shall be 
trustees of the sinking fund herein provided for, of their 
respective towns, and a majority of said commissioners 
shall constitute a quorum for the transaction of business 
relative both to the water works and to the sinking fund of 
their respective towns. Any vacancy, occurring in any 
of said boards from any cause, may be filled for the re- 
mainder of the unexpired term by the town to which 
such board belongs at any legal town meeting of such 
town, called for the purpose. 

Section 12. All authority conjointly granted to said 
towns, or to such of them as unite and jointly act as pro- 
vided in section two, and not otherwise specially provided 
for, shall, for the purposes of taking waters, lands, rights of 
way and easements, for and during the construction of 
the joint water works and their appurtenances, he vested 
in the several boards of water commissioners of the towns 
which so unite and jointly act, and such boards acting 
jointly shall contract for and have the supervision, man- 
agement and control of the construction of such joint 
water works and appurtenances, and all matters apper- 
taining thereto ; and when such joint water works are 
completed, all authority conjointly granted to said towns, 
or to such of them as unite and jointly act, shall be vested 
in a joint water board, to be composed of the chairman 



1885. — Chapter 217. 6G7 

of each board of water commissioners, for the time being, 
of the towns which so unite and jointly act, and such joint 
water board shall have the supervision, management and 
control of the waters jointly taken and held by such 
towns under this act, and the letting down of the same, 
and of all the water works, property and appurtenances 
jointly owned, held or used by such towns. 

Section 13. The damages arising from the joint taking Liability for 
by said towns, or by such of them as unite and jointly act, of ''™"^®*- 
any waters, lands, rights of way or easements or from any 
other thing done by such towns acting jointly, and the cost, 
charges and expenses of the construction and maintenance 
and running of the joint water works and appurtenances, 
shall be borne and paid equally by the towns which unite 
and jointly act ; and such towns shall jointly own, hold 
and use the same ; and each of such towns shall be entitled 
to an equal share of said waters : provided, in case all of 
said towns accept this act, and at any time thereafter it 
becomes necessary, or it is deemed desirable, to increase 
the storage capacity and water supply of said Great Pond 
by erecting new dams or other new structures, the expense 
of the construction and maintenance thereof and all damages 
resulting therefrom, shall be borne and paid by the said 
towns in proportion to the benefits received by each town 
from such increase of storage capacity and water supply, 
reference being had to the existing condition of said towns 
at the time of the erection of said new dams or other struct- 
ures. In case the said towns which unite and jointly act. Matters in dis- 
or their officers or agents, appointed as provided in this termine.i by 

. . . Aj_ • • 1 • commissioners 

act, cannot agree in any matter arismg under or in carry- appointed by 
ing out the purposes of this act, then the matter in con- t^^e court. 
troversy shall be determined by three commissioners, to 
be appointed by the supreme judicial court, upon appli- 
cation of either of such towns, through its said officers or 
agents, and notice to the others, whose award when ac- 
cepted by said court, shall he binding upon all parties. 

Section 14. This act shall take effect, so far as the subject to ac- 

, J- ,1 • T 'i i. ceptanceby two 

town accepting the same is concerned, upon its acceptance twrdsvote. 
by a two-thirds vote of the voters of either of said towns 
mentioned in section one, present and voting thereon at 
a legal town meeting called for that purpose, in each of 
said towns, within one year from its passage ; but the 
number of meetings called for that purpose, in each town, 
shall not exceed three : provided, that neither of said Proviso. 



668 1885. — Chapter 218. 

towns accepting this act shall proceed to take, by purchase 
or otherwise, either separately or jointly, any waters from 
the source mentioned in section two, until the expiration 
of one year from the passage of this act, unless the same 
has been accepted by all of the towns mentioned in section 
FroviBo. one within said year ; and provided, that if all of said 

towns, or any two of them, accept this act within the time 
and in the manner herein prescribed, neither of such towns 
shall separately take any Avaters from said source, but the 
towns so accepting this act shall jointly take such waters, 
and jointly and separately act as herein provided. 

Approved May 8, 1885. 

Chdp.^llS -^N -^^'^ "^^ INCORPORATE THE SA.CHEM LODGE CEMETERY ASSOCIATION 

IN PEMBROKE. 

Be it enacted, etc., as fuUoivs: 
Sachem Lodge SECTION 1. Hiram Randall, Lewis Barstow, Nathan 

Cemetery As80- . , ' ' 

ciation, incor- Kecue, thcir associatcs and successors, are hereby made 
^^'^^^ ' a corporation by the name of the Sachem Lodge Ceme- 

tery Association, for the purpose of acquiring, holding, 
managing and perpetuating a place for the burial of the 
dead in the town of Pembroke, 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 herein provided. 
May take and SECTION 2. The Said corporatiou may take and hold 

hold "the old 1 , T 1 ■• 1 „ 

burying^ the Tcal cstatc known as " the old burying ground, as 

^'^""" ' now bounded and enclosed, containing about six acres of 

land situate in the town of Pembroke near the Duxbury 

line. 
Proprietors of SECTION 3. Auv Dcrsou who shall bccomc proprietor 

lots to be mem- /... ii • i i -i • i 

bera of corpora, of a lot lu any lauds acquired by said corporation, and 
any person who now is or may become a proprietor of a 
lot, whether by deed or otherwise, in the real estate men- 
tioned in section two of this act, at such time as the same 
is taken by said corporation, shall be and become mem- 
bers of said corporation upon applying to the trustees 
hereinafter mentioned and receiving from the corporation 
a deed or certificate of ownership of such lot. And when- 
ever any person shall cease to be the proprietor of a lot 
in the lands of said corporatioa he shall cease to be a 
member thereof. 



1885. — Chapter 219. 669 

Section 4. The officers of said corporation shall con- officers of the 
sist of three or more trustees, a clerk, a treasurer and '^'"P"'"""""- 
such other officers as may be provided for by the by-laws. 
Such officers shall hold their offices for the term of one 
year or until others shall be chosen and qualified in their 
stead, unless otherwise provided in the by-laws. The treas- 
urer shall give bond for the faithful discharge of his duties 
in such sum and with such sureties as shall be required by 
the by-laws. 

Section 5. Any corporation or person claiming to be A88?Bgmentof 
aggrieved by the provisions of this act may, at any time '^''™'*^'^^- 
within one year after any taking of land authorized by this 
act, apply by petition to the superior court for the county 
of Plymouth, and his damages, if any, shall be assessed 
and determined in the manner provided in section one 
hundred and five and succeeding sections of chapter forty- 
nine of the Public Statutes for the assessment of damages 
for the taking of land for public purposes, and the same 
shall be paid by the said cemetery association. 

Section 6. This act shall take effect upon its passage. 

Approved May 8, 1885. 



Cha2).21d 



An Act to incorpobate the utah emigrant aid and improve- 
ment COMPANY. 

Be it enacted, etc., as follows: 

Section 1. Amos A. Lawrence and Edward E. Hale Corporators. 
of Boston and Eli Thayer of Worcester, all in the Com- 
monwealth of Massachusetts, their associates, successors 
and assigns are hereby made a corporation by the name 
of Utah Emigrant Aid and Improvement Company, for Name and pur- 
the purposes of directing emigration to Utah and aiding p'^^®" 
in providing accommodations for emigrants after arriving 
in that teriitory and assisting in establishing among them 
manufacturing and other industries, and for these pur- 
poses to have all the powers and privileges and be subject Powers and 
to all the duties, restrictions and liabilities set forth in "^"''®^" 
chapter one hundred and five of the Public Statutes. 

Section 2. The capital stock of such corporation shall Capital stock. 
not exceed one million dollars, which may be invested in 
real and personal estate : provided, that said corporation 
shall not hold real estate in this Commonwealth to an 
amount exceeding twenty thousand dollars. 

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

Approved 3Iay 8, 1885. 



670 



1885. — Chapter 220. 



ChCip. ''220 ^^ '^^'^ RELATING TO LICENSES TO PLANT, GROW AND DIG OYSTERS, 

AND TO THE TAKING OF SCALLOPS. 



License not to 
be granted with- 
out a public 
hearing. 



Revocation of 
license. 



Penalty for 
taking more 
than 25 bushels 
of scallops. 



Penalty for 
taking scallops 
between April 
15 and Sept. 1. 



Penalty for 
using dredge, 
etc., upon pri- 
vate oyster beds. 



Be it enacted^ etc., as follows: 

Section 1. No license shall be granted to plant, grow 
and dig oysters under sections ninety-seven, ninety-eight, 
ninety-nine, one hundred and one hundred and one of 
chapter ninety-one of the Public Statutes, and chapter 
two hundred and eighty-four of the acts of the year eigh- 
teen hundred eighty-four, without a public hearing upon 
the matter, due notice of which shall be given in writing, 
to be posted in three or more public places in the town 
in which the premises lie, at least seven days before the 
time fixed for such hearing. 

Section 2. In case any person to whom such license 
shall be granted fails for two years thereafter to plant 
and grow oysters in the waters described in said license, 
the same shall be revoked by the officers who granted it, 
which revocation shall be recorded as provided in said 
section ninety-eight. 

Section 3. Whoever takes in any one day, between 
sunrise and sunset, more than twenty-five bushels of scal- 
lops, including the shells, for each boat actually employed 
by him in taking the same, shall be punished by a fine 
not exceeding twenty dollars for each offence. 

Section 4. Any person who at any time between the 
fifteenth day oif April and the first day of September shall 
take scallops from any of the waters of the state by dredg- 
ing, or by nets of any kind, or shall expose any scallops 
for sale within the state, or shall export the same, shall 
bo punished by a fine not exceeding twenty dollars for 
each offence. 

Section 5. Whoever works a dredge, oyster tongs 
or rakes, or any other implement for the taking of shell 
fish of any description, upon any oyster grounds or beds, 
other than public grounds or beds, without the consent of 
the licensee, lessee or owner thereof, or who shall, while 
upon or sailing over any such grounds or beds, cast, haul, 
or have overboard any such dredge, tongs, rake or other 
implement for the taking of shell fish of any description, 
under any pretence or for any purpose whatever, without 
the consent of the licensee, lessee or owner, shall for the 
first offence be punished by a fine not exceeding twenty 
dollars or by imprisonment in jail not exceeding thirty 



shell fisheries. 



1885. — Chapter 221. 671 

days, and for every subsequent offence shall be punished 
by a fine not exceeding fifty dollars, or by imprisonment 
in the house of correction or jail not exceeding six 
months. 

Section 6. The selectmen of any town or mayor and ^e'^est'lmt""^ 
aldermen of any city may desiofuate one or more constables for prosecution 

of violiition ot 

for the detection and prosecution of any violation of the laws relating to 
!aws of the state reUiting to shell fisheries, within tlieir 
respective jurisdictions. Each of said constables so de- 
signated may without warrant arrest any person found 
violating any of said laws, and detain him for prosecution 
not exceeding twenty-four hours, and may seize any boat 
or vessel used in such violation, together with her tackle, 
apparel and furniture, with all implements belonging 
thereto, which shall be forfeited to the use of the town 
or city in which such seizure is made. 

Approved 3 fay 11, 1S85. 



An Act to katify and confirm the proceedings of the town of 
weymouth in relation to procuring a supply of water for 
said toavn. 



Cha2).22i 



Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and sixty of the acts of ^"""^^^^j"?^ 
the year eighteen hundred and eighty-three shall not be con- reiaiion to water 
strued to repeal or in any way affect chapter one hundred ^"^'p^- 
and seventy-four of the acts of the year eighteen hundred 
and eighty-one, entitled " An Act to supply the town of 
Weymouth with Pure Water," and all acts done and all 
bonds and contracts made or issued by said town of Wey- 
mouth, or the inhabitants thereof, or any officer or agent 
of said town, in accordance with the provisions or in ex- 
ecution of the purposes of said last named act, are here- 
by ratified, confirmed and made valid. 

Section 2. Chapter one hundred and sixty of the acts Repeal of i883, 
of the year eighteen hundred and eighty-three is hereby ^'^^' 
repealed. 

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

Approved May 12, 1885. 



G72 1885. — Chapters 222, 223. 

ChapJill ^^ -^^"^ RELATING TO THE EMPLOYMENT OF CHILDREN IN MANUFACT- 
URING AND OTHER ESTABLISHMENTS. 

Be it enacted^ etc., as follows: 
Hours ofem. SECTION 1. SectioD oiie of chapter forty-eiojht of the 

children in man- Fublic IStatutcs as amended by chapter two hundred and 
esiabiishmunts.' twcntj-four of the acts of the year eighteen hundred and 
eighty-three is amended so as to read as follows : — /Section 
1. No child under ten years of age shall be employed in 
any manufacturing, mechanical or mercantile establish- 
ment in this Commonwealth; and no child under twelve 
years of age shall be so employed at any time during the 
days in whith the public schools are in session in the city 
Penalty. or towu ill which hc resides. Any parent or guardian 

who permits such employment shall for such offence for- 
feit not less than twenty nor more than tifty doHars for 
the use of the public schools of the city or town. 

Section 2. This act shall take effect on the first day 
of July in the year eighteen hundred and eighty-live. 

Approved May 12, 1885. 



Char) 2'^S ^^ ^^^ ^^ provide for the punishment of fraudulent agents, 

^ ' CLERKS, servants AND OFFICERS OF PERSONS, FIRMS AND CORPO- 

RATIONS. 

Be it enacted, etc., as follows : 

Punishment of Scction fifty-six of chapter two hundred three of the 
ag^ems, officers PubHc Statutcs is amended so as to read as follows : — 
and clerks. SecHoii 56. An agent, clerk, servant or officer of a per- 
son, firm or corporation who makes a false entry or omits 
to make a true entry in any book of such person, firm or 
corporation, with intent to defraud, and any person whose 
duty it is to make in any book of a corporation a record 
or entry of the transfer of stock, or of the issuing or can- 
celling of certificates thereof, or of the amount of stock 
issued by such corporation, who, with intent to defraud, 
omits to make a true record or entry thereof, shall be 
punished by imprisonment in the state prison not exceed- 
ing ten years, or in the house of correction not exceeding 
one year. Approved May 12, 1885. 



1885. — Chapters 224, 225, 226. 673 

An Act in relation to the payment of the salaries of the QJin'r) 224 

BOARD OF RAILROAD COMMISSIONERS, OF THE CLERK AND THE 
ACCOUNTANT OF SAID BOARD, AND OF THE INSPECTOR AND ASSAYER 
OF LIQUORS. 

Be it enacted, etc., asfolloios: 

Section 1. The salaries of the board of railroad com- Salaries to be 
missioners, and of the clerk and the accountant of said 
board, and the salary of the inspector and assay er of 
liquors shall be paid monthly on the first day of each 
month. 

Section 2. So much of section ten of chapter one Repeal. 
hundred and twelve of the Public Statutes, and so much 
of section twenty-nine of chapter one hundred of the 
Public Statutes, as require the payment quarterly of the 
salaries of the officers named in section one of this act 
are hereby repealed. 

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

Approved Jfay 12, 1885. 

An Act tD protect persons using public libraries from dis- (JJid^n 995 

TURBANCE. 

Be it enacted, etc., asjollows: 

Whoever wilfully disturbs persons assembled in a pub- Pubnc libraries 
lie library or reading room connected therewith, by mak- diTturbanc™™ 
ing a noise or in any other manner, during the time in ""^^r penalty. 
which such library or reading room is open to the public, 
shall be punished by imprisonment in the jail not exceed- 
ing thirty days, or by fine not exceeding fifty dollars. 

Approved May 12, 1885. 



Chap226 



An Act to confirm the proceedings of certain town meetings 
of the town of grafton. 

Be it enacted, etc., as foUoivs : 

Section 1. The proceedings of the annual meeting Proceedings 
of the town of Grafton held March second in the year """fi''™^*^- 
eighteen hundred and eighty-five, and the adjourned 
meetings thereof, shall not be invalid for the reason 
that tellers were not appointed and sworn according to 
law to aid in checking the names of voters, and in sort- 
ing and counting the votes ; and the election of town 
officers and other doings of said meetings are ratified 
and confirmed. 

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

Ap)proved May 12, 1885. 



674 1885. — Chapters 227, 228. 

Glldl) 227 ^'^ •^^^ ^^ ESTABLISH THE SALARY OF THE SECRETARY OF THE 

BOARD OF EDUCATION. 

Be it enacted, etc., as follows: 

u!y^Jft\iXlZ'd Section 1. From and after January first, one thousand 
of education. eight hundred and eighty-five, the secretary of the board 
of education shall receive an annual salary of three thou- 
sand dollars, and also four hundred dollars in full com- 
pensation for travelling expenses, to be paid out of the 
half of the school fund applicable for educational expenses ; 
the incidental and other necessary expenses arising in his 
office shall be paid out of the treasury of the Common- 
wealth. 
Repeal of p. s. SECTION 2. Scction eight of chapter forty-one of the 
Public Statutes is hereby repealed. 

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

Approved May 12, 1885. 



ChciD 2'^8 ^^ ^^^ ^^ AUTHORIZE THE POUGHKEEPSIE, HARTFORD AND BOS- 
TON RAILROAD COMPANY TO EXTEND ITS RAILROAD. 

Be it enacted, etc., as follows: 
Poughkoeppie, Section 1. The Poughkccpsie, Hartford and Boston 
Boeton Railroad Railroad Company, a corporation created by and existing 
extend "i^s "Jlli- under the laws of the state of New York, or any corpora- 
(fommoLweauh. ^^^^ which may take or succeed to its rights, privileges 
and immunities, is hereby authorized to locate, construct, 
maintain and operate an extension of its railroad with one 
or more tracks, from a point in the boundary line between 
this Commonwealth and the state of New York, through 
the towns of Egremont, Great Barrington, Monterey, 
Otis, Sandisfield, Tolland, Granville, Blandford, Russell, 
Southwick, Westfield, Agawam and West Springfield to 
Chicopee or auy intermediate point upon said route, such 
extension to be located, constructed, maintained and 
operated according to and in conformity with the provis- 
ions of the laws of this Commonwealth now existing or 
which may be passed with respect to railroads. 
May mortgage SECTION 2. For the purpose of locating, constructing 
mentretl*^^"'^'' and equipping said railroad, said company may mortgage 
its road, equipment and franchise to an amount not ex- 
ceeding twenty-five thousand dollars per mile for every 
mile of road bed already located or hereby authorized to 
be located. 
Rights and Section 3. Said railroad company, or any corpora- 

''""*^^' tion which shall take or succeed to its franchise, shall 



1885. — Chapter 229. 675 

have the rights, privileges and immunities, and be subject 
to the duties, taxes, liabilities and restrictions, created by 
all general laws now or hereafter in force in this Common- 
wealth relating to railroad corporations. 

Section 4. Said corporation shall locate and construct JtrMteTbefore 
the extension herein before authorized, before the first day Juiyi, isss. 
of July, eighteen hundred and eighty-eight. 

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

Approved May 13, 1885. 

An Act in relation to the correction of returns of votes in CJJinj) O'^O 

CERTAIN CASES. ^ ' " 

Be it enacted, etc., as follows : 

Section 1. If, upon examination of the returned incomplete''^ 
copies of votes as required by the forty-eighth and returns of votes 

ni- • 1 • /• ji 11 i (• I -r» 1 !• for county cotn. 

tittieth sections oi the seventh chapter or the l^ublic missionerg, etc. 
Statutes, 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 votes to 
be made and transmitted in the manner provided for mak- 
ing and transmitting the original return. Said new copy 
shall be returned by the clerk of the city or town within 
seven days after the date of the order requiring the same 
to be made, and if adjudged to be correct and in con- 
formity to the requirements of law shall thereupon have 
the same force and effect as an original return correctly 
made and transmitted. 

Section 2. Any city or town officer wilfully neglect- Penalty. 
ing or refusing to perform the duties required of him 
under the preceding section shall be liable to the penalty 
provided in the sixty-fifth section of the seventh chapter 
of the Public Statutes. 

Section 3. When the board of examiners have exam- copies of votes 
ined new copies under the provisions of the first section thecierk. "" 
of this act, the copies of votes shall be filed with the 
clerk, as required by the forty-ninth section of the seventh 
chapter of the Public Statutes, within three days after the 
examination is completed ; and any one of them wilfully 
detaining in his custody such a copy three days after the 
time for filing has expired shall forfeit fifty dollars, and Penalty. 
the same sum for each succeeding day of such detention. 

Approved May 13, 1885. 



676 1885. — Chapters 230, 231, 232. 

CIJiap.230 ^^ ^^"^ "^^ ArxnORIZE THE TOWN OF COHASSET TO LAY OUT A 
TOWN AVAY AND BUILD A BRIDGE ACROSS TIDE WATER IN LITTLE 
HARBOR IN SAID TOWN. 

Be it enacted, etc., as folloius: 
Town may lay SECTION 1. The towH of Cohasset mav, subject to the 

out way and. *' ^ 

build bridge provisioiis of chapter nineteen of the Public Statutes, lay- 
Harbor. ' out a town way and build and maintain a bridge without 
a draw across Little Harbor in said town, from land of 
Alice Williams on the northerly side to land of Edward 
Cunningham on the southerly side thereof, and opposite 
to a private way running through the land of said Cun- 
ningham to Beach street ; said bridge to be located within 
sixty feet on either side of the centre line of the location 
of the existing bridge across said Little Harbor. 
without p'iers! Section 2. Said bridge shall be a span bridge and no 
piers or supports shall be erected under said bridge ex- 
cept the abutments at each end thereof. 

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

Approved May 14, 1885. 

C/irtD.231 ^^ -^^'^ "^^ AUTHORIZE THE SOMERSET POTTERS' WORKS TO INCREASE 

ITS CAPITAL STOCK. 

Be it enacted, etc., as foUoivs: 
May increase SECTION 1. The Somcrsct Pottcrs' Works, incorpo- 

capital slock. i i i /■ i • i 

rated by chapter thirty-four of the acts of the year eighteen 
hundred and forty-seven, is authorized to increase its cap- 
ital stock to an amount which together with the amount 
heretofore authorized shall not exceed one hundred thou- 
sand dollars. 

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

Approved May 14, 1885. 

Ch(lJ).2i^'2l ^^ ^^^ '^^ AUTHORIZE A DIKE AND BRIDGE ACROSS THE MOUTH OF 

BOURNE'S COVE IN WAREHAM. 

Be it enacted, etc., as folloius : 
Dike across Section 1. Stephen M. Weld and William Minot, 

Bourne's Covo .. -i-iii . i • ti t i 

inwareham. juDior, may build aud maintain a dike or dam, and a 
bridge without a draw, across the mouth of Bourne's 
Cove, so called, in the town of Wareham, between and 
connecting their respective lands in said town ; subject 
to approval by the board of harbor and land commissioners 
of the location, plans and manner of construction of the 
same, and to all the provisions of chapter nineteen of the 
Public Statutes applicable thereto. 

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

Approved May 14, 1885. 



1885. — Chapters 233, 234. 677 

An Act to authorize the gosnold mills to buy and sell coal (77ian.233 

AND OTHER FUEL. 

Be it enacted^ etc., as follows: 

Section 1. The Gosuold Mills, incorporated under May eeii fuel. 
chapter sixty-seven of the acts of the year one thousand 
eight hundred and forty-eight for the purpose of manu- 
facturing cotton, wool and iron, or either of them, in the 
city of New Bedford, is hereby authorized to buy and sell 
coal and other fuel. 

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

Approved May 14, 1885. 
An Act authorizing the surrender to the corporation and (7/ia79.234: 

THE CANCELLATION OF THE STOCK HERETOFORE ISSUED BY THE 
NEW ENGLAND CONSERVATORY OF MUSIC. 

Be it enacted, etc., as follows : 

Section 1. The New Ensland Conservatory of Music May surrender 

find C3.nc6l 

is hereby authorized to accept a transfer and surrender shares of cap- 
to itself of all the shares of capital stock heretofore issued 
by it and to cancel the shares so transferred and surren- 
dered, and thereafter said corporation shall have no power 
to issue any share or shares instead thereof, nor any share 
or shares of capital stock whatsoever ; but notwithstand- 
ing such transfer, surrender, cancellation and disability 
said New England Conservatory of Music shall continue corporate ex- 
to exist as a corporation, and its trustees from time to unue".*^ ^° *'°°' 
time shall constitute the members thereof. 

Section 2. Said corporation in addition to the powers May teach other 
now possessed by it may teach art, oratory, languages education? 
and other branches of education. 

Section 3. The said trustees and members of said ^i°.i^\°u^t°^'^^ 
corporation shall never receive any dividends, income, 
profits or other pecuniary benefit from said corporation, 
except that they may be paid reasonable salaries and com- 
pensation for services rendered if they be officers or em- 
ployees thereof; and any violation of this section shall 
work a forfeiture by said corporation of all its corporate 
rights, powers and privileges. The provisions of this section 
may be enforced in the supreme judicial court on information 
filed or bill in equity brought by the attorney-general, or 
by bill in equity brought by any trustee of said corpora- 
tion or other person interested therein. 



678 



1885. — Chapters 235, 236. 



Annual sworn SECTION 4. The treasurer of said corporation shall 

return to conn- n • i j i /< t i 

missionerof annuallv in the month oi January make a return under 

corporations. ,i j ^i • • r i- • i» i- 

oath to the commissioner ot corporations m a torm satis- 
factory to him setting forth the number of its pupils 
during the preceding year, and its total income, expenses 
and disbursements during such year, together with the 
names of all salaried officers and employees with the annual 
salary and compensation paid to each. 
Transfer and SECTION 5. This act shall take effect upon its passage, 

be made within but shall bccomc void unless within one year thereafter 
^^^^^' satisfactory evidence be produced to the commissioner of 

corporations that the transfer, surrender and cancellation 
authorized by the first section of this act have been effected ; 
and the certificate of such commissioner that such transfer, 
surrender and cancellation were effected within the time 
limited shall he prima facie evidence thereof, and shall be 
received as such evidence in all the courts of the Common- 
wealth. Said certificate shall be recorded in the office of 
the secretary of the Commonwealth. 

Approved May 14, 1885. 



Chap.2S5 



Legal adver- 
tiseoients. 



An Act kelating to legal advertisements. 

Be it enacted, etc., as follows: 

Any daily or weekly periodical devoted exclusively to 
legal news, which has been published in the Common- 
wealth for six consecutive months, shall be deemed a 
newspaper for the insertion of legal notices required by 
law, if the publication of such notice in such periodical is 
prdered by the court. Ap2)roved May 14, 1885. 



Chap.236 



An Act creating the ambulance corps of the Massachusetts 
volunteer militia. 



Ambulance 
corps for each 
brigade. 



Be it enacted, etc., as follows: 

Section 1. There shall be attached to each brigade of 
the Massachusetts Volunteer Militia an ambulance corps, 
to consist of one commissioned officer with the rank of 
second lieutenant, two sergeants and thirteen privates. 
The officers shall be medical officers, appointed by brigade 
commanders, and commissioned in accordance with exist- 
ing laws ; the enlisted men to be enlisted by the lieuten- 
ants of said corps, and mustered into service by the 
Payandemoiu- assistaut inspcctors of brigades. The commissioned offi- 
™^"'*' cers under this act shall receive the same pay and emolu- 



1885. — Chapters 237, 238. 679 

rnents as now received by second lieutenants of cavalry, 
and the enlisted men shall receive the same pay as now 
paid enlisted men of infantry. The corps constituted by instruction to be 

' 1 prc'BcnbeQ by 

this act shall be instructed in such manner as may from thosurgeon- 

.. ... I -iiiji 1 general. 

time to time be prescribed by the surgeon-general. 

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

Approved May 14, 1885. 

An Act in amendment of sections five and six of chapter one QJiaT)-'^'^^ 
hundred and twenty-six of the public statutes relating to 
joint tenancy. 

Be it enacted, etc., asfolloios: 

Section 1. Section five of chapter one hundred and Estates in 
twenty-six of the Public Statutes is amended by inserting r's™^. §5. 
in the second line immediately after the word " persons," 
the words "or to husband and wife," so as to read as 
follows : — Conveyances and devises of lands made to two 
or more persons, or to husband and wife, shall be con- 
strued to create estates in common and not in joint ten- 
ancy, unless it is expressed in such conveyance or devise 
that the grantees or devisees shall take the lands jointly, 
or as joint tenants, or in joint tenancy, or to them and 
the survivor of them. 

Section 2. Section six of said chapter is amended by Amendmenuo 
striking out after the word "trust," the words " or to ' ' 
husband and wife," so as to read as follows : — The pre- 
ceding section shall not apply to mortgages, nor to devises 
or conveyances made in trust, nor to a devise or conveyance 
in which it manifestly appears from the tenor of the instru- 
ment that it was intended to create an estate in joint tenancy. 

Approved May 15, 1885. 

An Act relating to the taxation of telephone companies. Olinn 9^S 
"Be it enacted, etc., as follows : 

Section 1. Every corporation chartered by this Com- Telephone oom. 
monwealth, or organized under the general laws for the {'(ftixlti^n."'* 
purpose of establishing, owning, using or licensing others 
to use electric speaking telephones or other apparatus and 
appliances pertaining to the transaction of telephonic busi- 
ness partly within and partly without this Commonwealth, 
and every such corporation organized or incorporated 
elsewhere and having any part of its lines or telephones 
in use in this Commonwealth, shall be subject to taxation 



G80 



1885. — Chapter 239. 



Proviso. 



To be taxed for 
present year. 



C7iap.239 



Town of Kin^a. 
ton noay supply 
itself with 
water. 



May talie 
waters witliin 
town limits. 



May dig up 
land, etc. 



under the provisions of sections thirty-eight, thirty-nine 
and forty of chapter thirteen of the Public Statutes : 
provided, hoivever, that the apportionment provided by 
said section forty shall be made upon the number of tele- 
phones in use by it, or under its authority or with its 
permission, or under any letters patent owned or con- 
trolled by it within and without this Commonwealth, 
respectively ; and the returns to be made under said chap- 
ter thirteen shall state the facts required for such ajipor- 
tionment in such form as the tax commissioner may require 
and determine. 

Section 2. This act shall take effect upon its passage ; 
and a tax shall be laid and collected under the provisions 
thereof for the present year, in the same manner and to 
the same effect as if it had been in force on the first day 
of ]\[ay. Aiijnoved May 15, 18S5. 

An Act to supply the town of Kingston with avater. 
Be it enacted, etc., as follows: 

Section 1. The town of Kingston may supply itself 
and its inhabitants with water for the extinguishment of 
fires and for domestic and other purposes; may establish 
fountains and hydrants, re-locate or discontinue the same ; 
may regulate the use of such water, and fix and collect 
rates to be paid for the use of the same. 

Section 2. The said town for the purposes aforesaid 
may take, by purchase or otherwise, and hold the waters 
of any pond, stream or spring within the limits of said 
town, and the water rights connected therewith, and also 
all lands, rights of way and easements necessary for hold- 
ing and preserving such water, and .for conveying the 
same to any part of said town of Kingston ; 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 estab- 
lishment and maintertance 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 
same ; and for the purpose of constructing, maintaining 
and repairing such conduits, pipes and other works, and 
for all proper purposes of this act, said town may dig up 



1885. — Chapter 239. 681 

any such lands, and, under the direction of the board of 
selectmen of the town in which any such ways are situ- 
ated, may enter upon and dig up any such ways in such 
manner as to cause the least hindrance to public travel 
on such ways. 

Section 3. The said town shall, within sixty days ^o cause to be 

1 1 • t r •! recorded in 

after the takinfj or any lauds, rights or wav, water rights, registry of deeds 

~ . r • 1 " j^\ "ji a description of 

water sources or easements as aforesaid, otherwise than land, etc., taken. 
by purchase, file and cause to be recorded, in the registry 
of deeds for the county within which such lands or other 
property is situated, a description thereof sufficiently 
accurate for identification, with a statement of the purpose 
for which the same were taken, signed by the water com- 
missioners hereinafter provided for. 

SECxroN 4. The said town shall pay all damages sus- Liability for 
tained by any person or corporation in property by the 'I'^^^g®^- 
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 
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 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 land or other property, or the doing of other in- 
jury, under the authority of this act ; but no such applica- 
tion shall be made after the expiration of said three years. 
No application for assessment of damages shall be made Application for 
for the taking of any water, water right, or for any injury bem'ld'euntii" 
thereto, until the water is actually withdrawn or diverted wat«- is actually 
by said town under the authority of this act. 

Section 5. The said town may, for the purpose of Kingston 
paying the necessary expenses and liabilities incurred nofto^sceed 
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 dolhirs ; such bonds, notes and 
scrip shall bear on their face the words "Kingston Water 
Loan ; " shall be payable at the expiration of periods not 
exceeding thirty years from the date of issue ; shall bear 
interest payable semi-annually, at a rate not exceeding 
six per centum per annum, and shall be signed by the 
treasurer of the town, and be countersigned by the water 
commissioners hereinafter provided for. The said town 



682 



1885. — Chapter 239. 



Sinking fund to 
be provided. 



May make 
annual propor- 
tionate pay- 
ments. 



Amount of 
Binliing fund to 
be stated in 
return. 



To raise by tax- 
ation sufficient 
for current 
expenses and 
interest. 



Rights of Kings- 
ston Aqueduct 
Association not 
to be Interfered 
with. 



may sell such securities at public or private sale, or pledge 
the same for money borrowed for the purposes of this act, 
upon such terms and conditions as it may deem proper. 
The said town shall provide, at the time of contracting 
said loan, for the establishment of a sinking fund, and 
shall annually contribute to such fund a sum sufficient, 
with the accumulations thereof, to pay the principal of 
said loan at maturity. The said sinking fund shall remain 
inviolate and pledged to the payment of said loan, and shall 
be used for no other purpose. 

Section 6. The said town, instead of establishing a 
sinking fund, may, at the time of authorizing said loan, 
provide for the payment thereof in such annual propor- 
tionate payments as will extinguish the same within the 
time prescribed in this act ; and when such vote has been 
passed, the amount required thereby shall, without further 
vote, be assessed by the assessors of said town in each 
year thereafter until the debt incurred by said loan shall 
be extinguished, in the same manner as other taxes are 
assessed under the provisions of section thirty-four of 
chapter eleven of the Public Statutes. 

Section 7. The return required by section ninety- 
one of chapter eleven of the Public Statutes shall state 
the amount of any sinking fund established under this act, 
and if none is established whether action has been taken 
in accordance with the provisions of the preceding section, 
and the amounts raised and applied thereunder for the 
current year. 

Section 8. The said town shall raise annually, by 
taxation, a sum which, with the income derived from the 
water rates, will be sufficient to pay the current annual 
expenses of operating its water works, and the interest 
as it accrues on the bonds, notes and scrip issued as afore- 
said by said town, and to make such contributions to the 
sinking fund and payments on the principal as may be 
required under the provisions of this act. 

Section 9. Nothing herein contained shall be con- 
strued to authorize the said town to take, otherwise than 
by purchase, or interfere with, any of the estate, property, 
rights or privileges of the Kingston Aqueduct Associa- 
tion, located in said town. The said town may purchase 
the franchise, corporate property and all the rights and 
privileges of said corporation, at a price to be mutually 
agreed upon between said town and said corporation ; 



1885. — Chapter 239. 683 

and the said corporation is authorized to make sale of the 
same to said town, and by such purchase said town shall 
become subject to all the liabilities and obligations to said 
corporation appertaining. 

Section 10. Whoever wilfully or wantonly corrupts, Penalty for poi- 
poUutes or diverts any of the waters taken or held under inju"rfugproy^ 
this act, or injures any structure, work or other property ®'"'^' 
owned, held or used by said town under the authority and 
for the purposes of this act, shall forfeit and pay to said 
town three times the amount of damages assessed therefor, 
to be recovered in an action of tort ; and upon conviction 
of either of the above wilful or wanton acts shall be pun- 
ished by a fine not exceeding three hundred dollars or by 
imprisonment not exceeding one year. 

Section 11. The said town shall, after its acceptance water commis. 
of this act, at a legal meeting called for the purpose, elect electJd.'" ^^ 
by ballot three persons to hold office, one until the ex- 
piration 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 
meetinsf 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 commissioners, who shall be subject, however, to 
such instructions, rules and regulations as said town may 
impose by its vote; the said commissioners shall be trus- To be trustees 
tees of the sinking fund herein provided for, and a ma- ** "° '"^ 
jority of said commissioners shall constitute a quorum for 
the transaction of business relative both to the water 
works and to the sinking fund. Any vacancy occurring vacancies. 
in said board from any cause may be filled for the re- 
mainder of the unexpired term by said town at any legal 
town meeting called for the purpose. 

Section 12. This act shall take effect upon its accept- fgi^fnce'^y''" 
ance by a two- thirds vote of the voters of said town, pres- two.thirds vote 
ent and voting thereon at a legal town meeting called for 
the purpose, within one year from its passage ; but the 
number of meetings so called in said year shall not exceed 
three ; at such meetings the votes shall be taken by writ- 
ten or printed ballots and the polls shall be kept open for 
at least four hours. At such meetings the selectmen shall 



684 



1885. — Chapters 240, 241. 



preside, and in receiving said ballots the check list shall 
be used in the same manner as it is used at elections of 
national, state and county officers. 

Approved May 15, 1885. 



Oliaiy 240 ^■^ ^^^ authorizing the formation of corporations for mak- 
ing, SELLING AND DISTRIBUTING GAS FOR HEATING, COOKING, 
CHEMICAL AND MECHANICAL PURPOSES. 

Be it enacted, etc., as follows: 

Corporations for Section 1. The provislons of sections eleven, fifty- 
hlatinf and °^ two and scventy-five of chapter one hundred and six of 
"uTpoTes?' the Public Statutes are hereby extended so as to authorize 
the establishment and operation of corporations for the 
purpose of making, selling and distributing gas for heat- 
7jg, cooking, chemical and mechanical purposes. Said 
(••orporations shall have all the powers and privileges and 
•■e subject to all the duties, restrictions and liabilities set 
forth in all general laws which now are or hereafter may 
be in force relating to gas light companies : provided, how- 
ever, that sections thirteen and fourteen of chapter sixty- 
one of the Public Statutes shall not apply to gas made 
and used exclusively for heating, cooking, chemical and 
mechanical purposes. 

Section 2. Such gas shall not be used for domestic 
purposes unless connected with a chimney or flue having 
direct connection with the open a\v: provided, however, 
that nothing in this section shall be construed to apply to 
illuminating gas as defined by the provisions of section 
fourteen, chapter sixty-one of the Public Statutes. Any 
violation of this section shall be punished by a fine not 
exceeding twenty dollars for each and every offence. 
Section 3. This act shall take eflect upon its passage. 

Approved May 15, 1885. 



Proviso. 



Ga? used for 
domestic pur- 
poses to have 
flue connected 
with the open 
air. 



Penalty. 



C/««p.241 



Foreign fidelity 
insurance com- 
panies. 



An Act relating to foreign fidelity insurance companies. 

Be it enacted, etc., as folloios: 

Section 1. Foreign corporations organized for the 
purpose of guaranteeing the fidelity of persons and of 
acting as surety on bonds,, when duly admitted to do 
business in this Commonwealth, may transact such busi- 
ness, act and be accepted as surety, in the same manner, 
to the same extent and under the same conditions as 



1885. — Chapters 242, 243. 685 

corporations organized under chapter two hundred and 
ninety-six of the acts of the year eighteen hundred and 
eighty-four. 

Section 2. So much of section one of chapter one May be surety 
hundred and forty-three of the Public Statutes as requires jTdgrof* *° ^'^^ 
the sureties on every bond given to the judge of a probate p''*^^^^^- 
court to be inhabitants of this Commonwealth shall not 
apply to such foreign corporations. 

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

Approved May 15, 1885. 



Chap.2i2 



An Act giving probate courts authority to grant original 
administration after the expiration of twenty years from 
the death of an intestate. 

Be it enacted, etc., as follows: 

Section 1. Section four of chapter one hundred and original admin. 

1 • • 1 T-» 1 !• ti • IT 1 istration after 

thirty or the 1 ublic Statutes is amended so as to read as twenty years. 
follows : — /Section 4. When administration has not been 
taken on the estate of an intestate within twenty years 
after his decease, if any property, or claim or right 
thereto, belongs or thereafter accrues to such estate, and 
remains to be administered, the probate court may, for 
good cause shown, grant original administration on such 
property, but such administration shall affect no other 
property. 

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

Approved May 19, 1865. 

An Act to amend the charter of the city of brocktox. (JllClT) 243 
Be it enacted, etc., as follows: 

Section 1. Section fourteen of chapter one hundred charter of city 

-, . n ^ o ^ • i iit of Brockton 

and ninety-two or the acts or the year eighteen hundred amended. 
and eighty-one is hereby amended by inserting the words 
" city engineer" after the words " city physician" in the 
fifth line thereof. 

Section 2. The said act is further amended by strik- streets to be 
ing out the whole of section twenty-six, and by inserting cuy councl?.'' ^^ 
in place thereof the following : — Section 26. The city 
council shall have exclusive authority and power to lay 
out, accept, alter, widen or discontinue streets and ways 
in said city, and shall estimate and assess all damages oc- 
casioned thereb}' ; but all petitions and questions relating 
to the same shall first be acted upon by the mayor and 



686 



1885. — Chapter 243. 



Not to be of 
less width than 
forty feet. 



Police force. 



Board of health. 



City ph} sician. 



writing first had 



aldermen of said city. Any person dissatisfied with the 
decision of the city council in the estimate of damages 
under this provision, shall have all the rights and privi- 
leges now allowed by law in appeals from decisions of 
selectmen as provided in chapter forty-nine of the Public 
Statutes. No street or way shall hereafter be opened in 
said city over any private land by the owner or owners 
thereof, and dedicated to, or permitted to be used by the 
public, of a less width than forty feet, except with the 
consent of the mayor and aldermen in 
and obtained for that purpose. 

Section 3. The said act is further amended in the 
twelfth section thereof by striking out the words, " and 
fill the vacancy or vacancies so made by appointment ; but 
at the next meeting of the board of aldermen, he shall 
nominate as provided in this act," in the tenth, eleventh 
and twelfth lines thereof, and inserting in place thereof as 
follows : " except that the members of the regular police 
force shall hold oiEce until they resign therefrom, or are 
removed for cause, the mayor having the power to sus- 
pend any such officer for cause for a period not exceeding 
thirty days." 

Section 4. Said act is hereby amended by striking 
out the whole of the thirtieth section and inserting in the 
place thereof the following : — Section 30. The board of 
health shall consist of three persons who shall be ap- 
pointed by the mayor and aldermen in the year one thou- 
sand eight hundred and eighty-five, and shall hold office 
one for one year, one for two years, and one for three 
years from the first Monday of February of said year. 
The mayor and aldermen annually thereafter in the month 
of January shall appoint one person to be a member of 
said board, who shall hold office for the term of three 
years, commencing on the first Monday of February next 
after such appointment. The city physician shall be phy- 
sician to the board, and shall render such service as they 
may require. Said board shall determine the amount of 
all fees, charges and compensation of persons employed 
by them in the execution of the health laws, and of their 
own regulations. The mayor and aldermen may at any 
time remove members of said board for cause, and when- 
ever a vacancy shall occur therein it shall forthwith be 
filled for the unexpired term by the mayor, with the ap- 
proval of the aldermen. Except as herein provided, said 



1885. — Chapter 244. 687 

board shall Lave all the powers, and be subject to all the 
duties and liabilities, specified in sections eight to ninety- 
five, inclusive, of chapter eighty of the Public Statutes. 
The compensation of said board shall be fixed by concur- 
rent vote of the city council. 

Section 5. Whenever a vacancy shall occur in the vacancy in 
office of assistant assessor or member of the school com- ant'^assessor'or 
mittee from failure of the legal voters of said city to elect, miue^e°°' ''°'"' 
or from death, resignation or removal, the city council by 
ballot in joint convention shall fill such vacancy. Section 
twentj^-thrce of said act, and chapter one hundred and 
thirty-six of the acts of the year eighteen hundred and 
eighty-three, entitled an act to amend the charter of the 
city of Brockton relative to the election of school commit- 
tee and assistant assessors, are hereby repealed. 

Section 6. The twenty-fifth section of said chapter Appropriations. 
one hundred and ninety-two of the acts of the year one 
thousand eight hundred and eighty-one is hereby amended 
by adding at the end thereof as follows: — No sum ap- 
propriated for a specific purpose shall be expended for 
any other purpose except by a two-thirds vote of the 
entire number of the members of each branch of the city 
council ; and no expenditure shall be made nor liability 
incurred by or in behalf of the city until an appropriation 
has been duly voted by the city council, sufficient to meet 
such expenditure or liability, together with all prior un- 
paid liabilities which are chargeable to the appropriation, 
excepting, however, that in the first three months of the 
financial year liabilities payable out of the appropriations 
to be met by the annual tax levy next to be laid, may be 
incurred to an amount not exceeding one-fourth of the 
total of the appropriations for the preceding year. 

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

Approved May 19, 1885. 

An Act to unite the boston commercial exchange and the (77ia».24J: 

BOSTON PRODUCE EXCHANGE IN ONE CORPORATION UNDER THE 
NAME OF THE BOSTON CHAMBER OF COMMERCE. 

Be it enacted, etc., as follows: 

Section 1. The Boston Commercial Exchange and The Boston 

1 T-» T-» 1 T^ 1 • 1 1 Commercial Ex- 

the Boston Produce Exchange, each a corporation duly change and the 
established under the laws of this Commonwealth, are Exchange may^ 
hereby authorized to unite and form one corporation under onl^co"rpo/ation. 
the name of the Boston Chamber of Commerce, upon such 



688 1885. — Chapter 245. 

terms as may be agreed upon between said Boston Com- 
mercial Exchange and said Boston Produce Exchange, 
And said new corporation when so formed shall have all 
the rights, powers, franchises and privileges now held by, 

duuet"""'^ and be subject to all the liabilities, restrictions and duties 
noAV imposed upon, either of said existing corporations. 
And each of said existing corporations is hereby author- 
ized and empowered to assign, transfer and convey to said 
new corporation all its rights, privileges, interests, estates 
and property, and said new corporation is authorized to 
receive, accept and hold the same, and shall thereupon 
become and be liable for all the debts or liabilities of 
either of said corporations. 

Obligations not SECTION 2. This act shall not in any way impair 

iiiipuir6<i* •/ •/ 1. 

any obligation under which either of said existing corpo- 
rations may be to any member thereof, in respect to any 
gratuity or other fund ; but said new corporation, when 
formed as aforesaid, is authorized and empowered to as- 
sume, perform and discharge the same. 
Bostoncharaber SECTION 3. Tbc Said Bostou Chamber of Commerce is 

of Commerce. i'ti 

hereby authorized and empowered to hold real and per- 
Reaiandper- soual estate to au amouut not exceediuo; one million 

eonal estate. i ., 

dollars. 
First meetiiiEr of SECTION 4. The first meetiusj of the corporation hereby 

the corporation. , . . , iiiii iiiii • ^ 

authorized to be lormed shall be called by the presidents 
of the two existing corporations, by a notice setting forth 
the time and place of said meeting and published in some 
newspaper in the city of Boston seven days before said 
meeting, and at such meeting all members, holding a cer- 
tificate of membership in either of said corporations, shall 
be entitled to vote in like manner as they would have been 
if said corporations had met separately. 
Subject to ac- SECTION 5. This act shall take effect upon its passage, 

oneyear.^^' '° but shall be void uuless accepted within one year there- 
after by each of said existing corporations at meetings 
called for that purpose. Approved May 21, 1885. 

CllCll) 245 ^^ ^^^ ^^ AMEND THE CHARTER OP THE LAGOON POND COMPANY 

IN DUKES COUNTY. 

Be U enacted, etc., as follows: 
Pond may be SECTION 1. The Lagoon Pond Company in Dukes 

used for storing /-^ ^ . i.iii i -i^ p^i i 

food fishes. County, incorporated by chapter eighty-seven ot the acts 
of the year eighteen hundred and tifty-seven for the pur- 
pose of creating a herring and perch fishery, is hereby 



1885. — Chapter 246. 689 

authorized to use the pond above the dam at Long Point 
for the purpose of storing therein food fishes. 

Section 2. Said corporation shall during the occu- Notices to be 
pancy of said pond for storing food fishes be required to ^°^^^ ' 
post notices of the fact of such occupancy on the shores 
of said pond ; and during such occupancy said corporation 
and its agents shall have the exclusive right to take fish 
therefrom, except that any person may spear eels or dig 
clams therefrom. 

Section 3. Whoever without leave from said corpora- Penalty. 
tion, during the occupancy of said pond for storing food 
fishes, takes fish therefrom, except as provided in section 
two of this act, shall be punished by a fine of not less 
than five nor more than fifty dollars. 

Section 4. Trial iustices may enforce the penalties Triai justices 

.-,-,,,. " " may enforce 

provided by this act. Apijiroved May 21, 188o. penalties. 

An Act to provide for the appointment of temporary (7/; f^ 79. 246 

REGISTRARS OF VOTERS. 

Be it enacted, etc., as follows: 

Whenever any member of the board of registrars of Temporary 

J , o registrars of 

voters, provided for by section fourteen of chapter two voters maybe 
hundred and ninety-eight of the acts of the year eighteen 
hundred and eighty-four, shall be incapacitated by sick- 
ness or other cause from performing the duties of his 
office, or shall be absent, at the time of any meeting of 
said board, from the city or town in which he is appointed, 
the selectmen of such town by a writing signed by them 
or a majority of them, or the mayor of such city, may 
upon the request in writing of a majority of the remain- 
ing members of said board of registrars, appoint some 
person, qualified as provided in said section, temporarily 
to fill the vacancy caused as aforesaid. The person so 
appointed shall be of the same political party as the mem- 
ber of said board of registrars whose position he tem- 
porarily fills. Such temporary registrar shall take and Tobeswom. 
subscribe an oath faithfully to perform the duties of his 
office, shall perform the same duties, have the same 
powers and be subject to the same restrictions and pen- 
alties during the time he holds his office as are now pro- 
vided by law for duly appointed and qualified registrars 
of voters. Approved May 21, 18S5. 



690 1885. — Chapters 247, 248, 249. 

(JJiai). 24:7 ^^ '^^'^ "^^ REPEAL AN ACT FOR THE PROTECTION OF STRIPED BASS 
AND BLUEFISH IN THE WATERS OF EDGARTOWN. 

Be it enacted^ etc., as follows: 
Repeal of SECTION 1. Chanter sixty-five of the acts of the year 

•igg9 fic It/ */ 

"' ' eighteen hundred and eighty-two is hereby repealed and 

no penalty shall hereafter be enforced for its violation. 
Section 2. This act shall take effect upon its passage. 

Ap2)roved May 22, 1885. 

C7lCtp.24S ^^ ^^"^ "^^ PREVENT THE COUNTERFEITING OF BALLOTS. 

Be it enacted, etc., as follows : 

Ballots not to be SECTION 1. The president, secretary and treasurer, or 
counierfeited. ^^^^ ^^^ ^j^ g^^j^ officcrs, of any poHtical committee may 

place or cause to be placed upon the face of any ballot 
prepared by them for use at any election a printed cer- 
tificate signed with their names importing that such ballot 
is the regular and genuine ballot of the political party for 
the use of which it is prepared, and may file a copy of 
such certificate so signed and intended to be so placed on 
such ballot, subject to public inspection, with the city or 
town clerk of the city or town in which such votes or 
ballots are to be used, at least seven days before the day 
of such election, together with notice of the fact that such 
form of certificate is intended to be so used at such elec- 
tion, and with a sufficient designation of the political party 
for the use of which such ballots are prepared. 
Penalties. SECTION 2. Any pcrson who kuowiugly makcs, prints, 

issues, distributes or delivers, or causes or procures to be 
made, printed, issued, distributed or delivered, any false, 
forged, fraudulent or counterfeit certificate or imitation 
of any certificate, such as is described in section one, or any 
false, forged, fraudulent or counterfeit vote or ballot bear- 
ing such certificate or imitation thereof, shall be punished 
by imprisonment in the house of correction for a term not 
exceeding three years, or by a fine not exceeding one thou- 
sand dollars. Approved May 22, 1885. 



Chap.2i9 



An Act to authokize the city of boston to take land for its 
improved system of sewerage. 

Be it enacted, etc., as follows: 

May take land SECTION 1. The board of aldermen of the city of Bos- 
sj'st^oT''*^ ton, for the purposes of building and maintaining the 
sewerage. systcm of scwcrs of sajd city and discharging sewage 



1885. — Chapter 250. 691 

therefrom, may from time to time take in fee for the city 
of Boston any land that they deem necessary for the said 
purposes on or near the line of the sewer and tunnel de- 
scribed in section one of chapter one hundred and thirty- 
six of the acts of eighteen hundred and seventy-six. 

Section 2. Said board of aldermen shall within sixty Description of 
days from the taking of any lands as aforesaid, otherwise tobe^recorded 
than by purchase, file and cause to be recorded in the deeds!'^'^"*^ 
registry of deeds for the county in which such lands are 
situate a description of the lands so taken, as certain as is 
required in a common conveyance of lands, with a state- 
ment of the purposes for which the same were taken, 
which description and statement shall be signed by the 
mayor. 

Section 3. The city of Boston shall pay all damages Liability for 
that shall be sustained by any person in property by the 
taking of any lands as aforesaid ; and if any person sus- 
taining damages fails to agree with such city as to the 
amount of damages sustained, the damages shall be as- 
sessed and determined by a jury of the superior court for 
the county in which such lands are situate, on the written 
application of either party therefor, to be made within 
two years after the taking of such lands ; but no such 
application shall be made after the expiration of said two 
years ; and upon said application, after such notice as 
said court shall order to the adverse party, a trial may 
be had at the bar of said court, in the same manner as 
other civil cases are there tried by jury ; and costs shall 
be taxed for the prevailing party as in other civil cases. 

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

Ajjproved May 22, 1885. 

An Act to establish the salary of the second assistant clerk HJ^nqy 9 TO 
OF the superior court for civil business in the county of ^ * 

SUFFOLK. 

Be it enacted, etc.^ as follows : 

Section 1. The annual salary of the second assistant salary estab- 
clerk of the superior court for civil business in the county ^'*^®'^' 
of Suffolk shall be twenty-five hundred dollars, beginning 
with the first day of January eighteen hundred and eighty- 
five. 

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

Approved May 22, 1885. 



692 



1885. — Chaptees 251, 252. 



Bridge over 
Green Harbor 
liiver. 



CoBt of con- 
struction to be 
apportioned 
among towns, 
etc. 



To be main- 
tained by town 
of Marshtield. 



Ohail ^^A ^^ "^^^ ^^ AUTHORIZE THE CONSTRUCTION OF A BRIDGE OVER GREEN 
^ ' HARBOR RIVER IN MARSHFIELD. 

Be it enacted, etc., asfollotvs: 

Section 1. The county commissioners of Plymouth 
County, whenever a majority of the legal voters of Marsh- 
fiekl present and voting at a town meeting duly called 
for the purpose shall request them by vote so to do, are 
hereby authorized to construct a bridge with a suitable 
draw to accommodate navigation over Green Harbor River 
in Marshfield, at a point not less than two thousand feet 
above the mouth of said river, subject to the provisions 
of chapter nineteen of the Public Statutes. 

Section 2. The county commissioners may borrow 
such sum or sums of money, on the credit of the county 
of Plymouth, as may be necessary to carry into effect the 
provisions of this act ; and they shall determine what cities 
and towns receive a particular or special benefit from the 
construction of such bridge, and assess upon them the cost 
of construction, in such manner and in such proportions 
as they shall deem equitable and just. The cost of re- 
pairing and maintaining said bridge shall be borne and 
paid by the town of Marshfield. Said commissioners, 
except as aforesaid, may proceed in the same manner as 
is now by law provided for laying out and constructing 
highways and collecting the costs thereof. 

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

Appj-oved May 22, 1885. 

QluiV^2iy)^ An Act regulating the business of making small loans secured 

BY depositing WITH THE LENDER HOUSEHOLD GOODS, WEARING 
apparel, or ARTICLES OF PERSONAL USE OR ORNAMENT. 

"Be it enacted, etc. , as follows : 

All persons who are engaged in the business of loaning 
money or its equivalent in sums less than one hundred 
dollars on collateral security represented by household 
goods, wearing apparel, or articles of personal use or 
ornament, or on notes secured by pledge or mortgage of 
any such property, when such property is deposited with 
the person making the loan, shall so far as relates to such 
business be subject to the provisions of sections thirty- 
three, thirty- four, thirty-five and thirty-six of chapter one 
hundred and two of the Public Statutes in the same man- 
ner and to the same extent as pawnbrokers. 

A2)proved May 22, 1885. 



Business ef 
loaning money 
secured by 
depositing 
household 
goods, etc., 
regulated. 



Rail- 
iny 
rchase 
.\8h- 



1885. — Chapters 253, 254. G93 

An Act to authorize the fitchburg railroad company to nijr.^^ O^Q 

PURCHASE THE ASHBURNHAM RAILROAD. ^ ' 

Be it enacted, etc, as follows : 

Section 1. The Fitchburg Railroad Company is here- f^^-Jj^^,^^^ ' 
by authorized to purchase the capital stock of the Ash- maypm ■ 

BtOck 01 iOJi- 

burnham Railroad Company, and whenever it shall have bumhamRan- 
purchased all of said stock said Ashburnham Railroad 
Company shall cease to exist as a corporation, and the 
Fitchburg Railroad Company shall thereupon enjoy and be 
invested with all the powers, privileges and franchise now 
enjoyed by the Ashburnham Railroad Company, and shall 
be subject to all the debts, restrictions and liabilities of 
said last named company. 

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

Approved Hay 22, 1885. 
An Act relating to expenses incurred by officers in the CJ/iap.254: 

SERVICE of precepts IN CRIMINAL CASES. 

Be it enacted, etc., as follows: 

Section nine of chapter one hundred ninety-nine of the Expenses of 
Public Statutes is amended so as to read as follows : — In vice of precepta 

, , • c i • • • 1 Ai /T» '" criminal 

the service oi any precept in criminal cases the otacer cases. 
shall be allowed the actual, reasonable and necessary ex- 
penses incurred in going or returning with the prisoner, 
and if he necessarily uses a horse and carriage, and uses 
his own, he shall be allowed therefor fifteen cents a mile 
for the distance travelled one way, and if he uses the 
horse and carriage of another he shall be allowed the 
amount actually expended by him for the use of such 
horse and carriage, but no allowance for the use of a horse 
and carriage shall be made unless the officer certifies that 
it was necessary for him to use a horse and carriage and 
that he actually used such conveyance the distance and 
paid therefor the amount set forth in his certificate ; and in 
the service of a mittimus, if the journey from the town 
where the prisoner is held to the town where he is to be 
committed can be performed by railroad, no allowance 
shall be made for the use of a horse and carriage. 

Ap2)roved May 22, 1885. 



694 



1885. — Chapters 255, 256. 



Powers of 
married women 
in disposal 
of separate 
estate by will 
or deed. 



Ch(l7J.255 "^^ ^^'^ RELATING TO THE POWERS OF MARRIED WOMEN IN THE 
DISPOSAL OF THEIR SEPARATE ESTATE BY WILL OR DEED. 

Be it enacted, etc., as follows : 

Section 1. Section six of chapter one hundred and 
forty-seven of the Public Statutes as amended by chapter 
three hundred and one of the acts of the year eighteen 
hundred and eighty-four is hereby amended so as to read 
as follows : — Section 6. 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 the right 
to the use of one-half of such real estate for his life, if they 
have had no issue born alive, or of more than one-half of 
her personal estate. A married woman deserted by or 
living apart from her husband, for a justifiable cause, 
when the proper court having jurisdiction of the parties 
and the cause of action shall have entered a decree estab- 
lishing 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. Section one of chapter one hundred and 
twenty-four of the Public Statutes is amended by striking 
out the words " If his wife does not provide otherwise by 
her will," in the sixth and seventh lines of said section 
one. 

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

Approved May 22, 1885. 



Amendment to 
P. 8. 124, § 1. 



C/iai?.256 



Protection of 
lobsters. 



An Act providing for the enforcement of an act for the 
protection of lobsters. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of enforcing the provisions 
of chapter two hundred and twelve of the acts of the year 
eighteen hundred and eighty- four, relative to the protec- 
tion of lobsters, either of the commissioners on inland 
fisheries, personally or by deputy, or any member of the 
district police detailed by the governor as provided in said 
chapter, may search in suspected places for, seize and 



1885. — Chapters 25T, 258. 695 

* 

remove, lobsters taken, held or offered for sale in viola- 
tion of the provisions of said chapter. 

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

Approved May 22, 1885. 
An Act making additional appropriations for salaries and (JJidjy^^i^^ 

EXPENSES at the LYMAN SCHOOL FOR BOYS. 

Be it enacted, etc., as follows: 

The sums hereinafter mentioned are appropriated, to be LymaShoo? 
paid out of the treasury of the Commonwealth, for the for Boys: 
purposes specified herein, to wit: — For the payment of 
salaries at the Lyman School for Boys at Westborough, salaries. 
for the term of six months ending on the thirty-first day 
of December in the year eighteen hundred and eighty- 
five, a sum not exceeding six thousand dollars, in addition 
to the six thousand five hundred dollars appropriated by 
chapter twenty of the acts of the present year. 

For the payment of other expenses at the Lyman School Expenses. 
for Boys at Westborough, for the term of six months 
ending on the thirty^first day of December in the year 
eighteen hundred and eighty-five, a sum not exceeding 
nine thousand four hundred dollars, in addition to the 
eight thousand five hundred dollars appropriated by chap- 
ter twenty of the acts of the present year. 

Approved May 22, 1885. 
An Act in relation to the sale of real estate by guardians (JJiap.'2i5S 

AT private or PUBLIC SALE. 

Be it enacted, etc., as follows : 

Section 1. Section eighteen of chapter one hundred frtatebyguar- 
and forty of the Public Statutes is hereby amended by di^np. at puf^i'c 

•^ 1 . I • i PI or private sale. 

striking out the words, "that the right or interest oi such 
ward for the sale of which the license is requested, is a 
fractional share or part, or a right and interest in common 
with others, and," in the third, fourth and fifth lines 
thereof. So that said section as amended shall read as 
follows : — Section 18. When it appears by the petition 
of a guardian for a license to sell the real estate of his 
ward and upon a hearing on such petition, that an advan- 
tageous offer for the purchase thereof has been previously 
made to the petitioner, and that the interest of all parties 
concerned will be best promoted by an acceptance of such 
offer, the court having jurisdiction of such petition may 



696 1885. — Chapter 259. 

ft 
authorize a sale and conveyance at private sale, in accord- 
ance with such offer, or upon such terms as may be 
adjudged best, whether with or without public notice ; 
but a guardian so authorized to sell real estate at private 
sale may notwithstanding sell such estate by public auc- 
tion if he deems it best so to do. 

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

Approved May 22, 1885. 



C7lCip.2i59 An Act in addition to " an act to authorize the eastern 

RAILROAD COMPANY TO ISSUE PREFERRED STOCK IN EXCHANGE 
FOR CERTIFICATES OF INDEBTEDNESS." 



Dividendg on 
preferred stock 
may be paid by 
Boston and 
Maine Railroad, 



Notice to be 
issued to stock- 
holders before 
preferred stock 
is issued. 



Be it enacted, etc., as follows: 

Section 1. Dividends on the preferred stock of the 
Eastern Railroad Company, authorized by chapter one 
hundred and seventy-seven of the acts of the year eighteen 
hundred and eighty-two, may, if said company, and the 
Boston and Maine Railroad shall so agree, and unless 
some other disposition of the earnings is required by any 
existing contract or by any law having the force or effect 
of a contract, be paid by the latter company, under its 
lease from said Eastern Railroad Company, recorded with 
Suffolk Deeds, lib. 1661, fol. 161, and during the con- 
tinuance thereof, out of gross earnings as defined in said 
lease and as a charge thereon having the same priority 
under said lease as the interest upon the certificates of 
indebtedness for which said preferred stock shall be issued 
in exchange. 

Section 2. Before preferred stock is issued under the 
provisions of this act, notice of such contemplated issue 
shall be published as in case of meetings of certificate 
holders for the election of directors. Said notice shall 
invite proposals from certificate holders for the conversion 
of certificates of indebtedness into preferred stock, par 
for par, and shall fix a time, not less than sixty days, 
after which proposals will not be received. Said preferred 
stock shall be issued in accordance with such proposals, 
unless the aggregate of the certificates proposed for 
exchange shall exceed the total of the preferred stock to 
be issued, in which case the same shall be allotted between 
the parties pro rata. 

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

Approved May 25, 1885. 



1885. — Chapteks 260, 261, 262. 697 

An Act providing for granting administration without (Jhap.2i60 

NOTICE in certain CASES. 

Be it enacted, etc., as follows: 

Section 1. Administration of the estate of an intes- ^a^l^jgramed 
tate may be granted to one or more of his next of kin, when without notice, 

*/ o ' wliGn parties in 

the widow of the deceased and all his other next of kin interest consent 
resident in the Commonwealth, who are of full age and '°^"''"s- 
legal capacity, consent in writing thereto. And the notice 
required by law may be dispensed with as if all parties 
entitled thereto had signified their assent or waived 
notice. 

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

Approved May 25, 1885. 

An Act authorizing selectmen to appoint tellers in town (77ia».261 

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

Section 1. Selectmen, when required to preside at selectmen pre- 
town meetings, may appoint tellers to aid them in checking meetings may 
the names of voters, or in assorting and counting votes, ''ppo"''^'*"''''^- 
Such tellers shall be sworn to the faithful discharge of 
their duties. 

Section 2. Such tellers shall be appointed in equal to be selected 
numbers from the two political parties which cast the two political 
largest number of votes in the Commonwealth at the p'"^''*'^* 
annual election next preceding their appointment. 

Section 3. Every such teller shall be subject to the Penalties. 
same penalties to which the officer so appointing him is 
subject, in the performance of the duties in which such 
teller assists. Approved May 25, 1885. 

An Act to provide for recounting ballots cast in cities upon (IJict'n.'^.Q^ 

THE question OF GRANTING LICENSES FOR THE SALE OF INTOXI- 
CATING LIQUORS. 

Be it enacted, etc., as folloios: 

Section 1. If, within fourteen days after the day of Baiiots on ques- 

ji • • ^ 1 i' ' ' A 1 ^•^ 1 tiou of licenses 

the municipal election in any city, ten or more qualined in cities may be 
voters in said city shall file with the city clerk a statement '■'^''°'^°*®*^- 
in writing that they have reason to believe that the returns 
of ballots cast under the provisions of section five of 
chapter one hundred of the Public Statutes are erroneous, 
said clerk shall forthwith transmit said statement to the 
board of aldermen of said city, and said board shall with- 



698 1885. — Chapters 263, 264, 265. 

in ten clays thereafter recount said ballots, and declare 
the result, and their record of said recount shall stand as 
the true result of the vote cast in said city under said 
section. 
f88T'299"««°22 Section 2. Scctious twonty-two, tweuty-thrcc, twcnty 
26 to apply. ' four, twenty-fivc and twenty-six of chapter two hundred 
and ninety-nine of the acts of the year eighteen hundred 
and eighty-four shall apply to the recount of ballots pro- 
vided for in section one of this act. 

Approved May 25, 1885. 

(7Aa».2G3 ^^ ^^'^ '^^ ESTABLISH THE SALARY OF THE TREASURER AND RECEIVER- 
GENERAL. 

Be it enacted, etc., as follows. • 
Salary estab- Section 1. The Salary of the treasurer and receiver- 

general shall be five thousand dollars per annum beginning 
on the first day of January eighteen hundred and eighty- 
five. 

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

Approved May 25, 1885. 



Chap.264: 



An Act authorizing the trustees of the ministerial fund in 

THE first parish IN CAMBRIDGE TO MAKE CERTAIN INVESTMENTS. 

Be it enacted, etc. , as follows : 
May invest in Section 1. Thc Trustces of the Ministerial Fund in 

such securities , , tt i -n» • i • /^ i • t • i i i i 

as are allowed the Jb iist ir^ansh HI Cambridge, incorporated under chapter 
bankl!"ete. scvcnty-four of the acts of the year eighteen hundred and 
sixteen, are hereby authorized to invest all or any part of 
the money belonging to said fund in such securities as 
savings banks are allowed to invest in by the first, second, 
third, fourth and sixth clauses of section twenty of chap- 
ter one hundred and sixteen of the Public Statutes, and 
acts additional thereto, or in such first mortgage railroad 
bonds as said trustees or a majority of them sliall approve. 
Section 2. This act shall take efiect upon its passage. 

Approved 3Tay 25, 1885. 



Chap.2Q>5 



An Act authorizing the formation of corporations fob the 

PURPOSE of cremating THE BODIES OF THE DEAD. 

Be it enacted, etc., as follows: 
corpiytMons Section 1. Any fivc or more persons may associate 

for cremating thcmsclves togcthcr in the manner prescribed by chapter 
deld.° ^'^° ' ^ one hundred and six of the Public Statutes, with a capital 



1885. — Chapter 265. 699 

of not less than six thousand, nor more than fifty thousand 
dollars, for the purpose of providing the necessary appli- 
ances and facilities for the proper disposal by incineration 
of the bodies of the dead ; and corporations so established 
shall have the same powers and privileges and be subject 
to the same duties, liabilities and restrictions as other cor- 
porations established under said chapter, except as herein- 
after provided. The par value of shares in the capital 
stock of corporations organized under the provisions of 
this act shall be either ten or fifty dollars. 

Section 2. Every such corporation may acquire by Mayhoidreai 
gift, devise or purchase, and hold in fee simple so much celding"$5o!ooo 
real estate not exceeding in value fifty thousand dollars, >°^'''"'^- 
as may be necessary for carrying out the objects connected 
with and appropriate to the purposes of said corporation, 
and situated in such place as the state board of health, 
lunacy and charity may determine to be suitable for said 
objects and purposes. No building shall be erected, oc- Location and 
cupied or used by such corporation until the location and ro'be°Ippro'l'ed^^ 
plans thereof, with all details of construction, have been boa^o^f health. 
submitted to and approved by said board or some person 
designated by it to examine them. 

Section 3. Every such corporation may make by-laws May make by- 
and regulations consistent with law and subject to the ap- tatloas!' ^^^"^ ^ 
proval of said state board, for the reception and cremation 
of bodies of deceased persons, and for the disposition of 
the ashes remaining therefrom, and shall carry on all its 
business in accordance with such regulations as said board 
shall from time to time establish and furnish in writing to 
the clerk of the corporation, and for each violation of said 
regulations it shall forfeit not less than twenty nor more 
than five hundred dollars. 

Section 4. No body of a deceased person shall be Body not to be 
cremated within forty-eight hours after decease, unless fony-l?fg1it^"^'" 
death was occasioned by contagious or infectious disease ; ceas" excep^t! 
and no body shall be received or cremated by said corpo- «''°- 
ration until its officers have received the certificate or burial 
permit required by law before burial, together with a cer- Medical exami- 
tificate from the medical examiner of the district within gwe^cenmcat". 
which the death occurred, that he has viewed the body 
and made personal inquiry into the cause and manner of 
death, and is of opinion that no further examination nor 
judicial inquiry concerning the same is necessary. For such 
view, inquiry and certificate he shall receive the fees pre- 



700 



1885. — Chapter 266. 



scribed by section nine of chapter twenty-six of the Pub- 
lic Statutes for a view without an autopsy by examiners 
in counties other than Suffolk County. Medical examiners 
within their respective districts shall make such view and 
inquiry upon application therefor and payment or tender 
of said fees. 

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

Approved May 26, 1885. 



Not to apply to 
certain officers. 



ChCLT) 266 -^^ ^^^ ^^ AMEND THE CHARTER OF THE CITY OF BOSTON. 

Be it enacted, etc., as follows : 

Officers and Section 1. The mayor of the city of Boston shall ap- 

pofnted by ^ "^" polut, subjcct to confimiatiou by the board of aldermen, 
firmed by*^ °°°" all officcrs aud boards now elected by the city council or 
aldermen. board of aldermen, or appointed by him subject to con- 
firmation, and all whose offices may hereafter be established 
by the city council or board of aldermen, for such terms of 
service respectively, as are or may be fixed by law or ordi- 
nance ; and he may remove any of said officers or members 
of such boards for such cause as he shall deem sufficient 
and shall assign in his order for removal. No appoint- 
ment made by the mayor shall be acted upon by the board 
of aldermen until the expiration of one week after such 
appointment is transmitted to said board. 

Section 2. The foregoing section shall not apply to 
the city messenger, clerk of committees of the city council, 
or such other clerks and attendants as may be employed 
by the city council or either branch thereof, or any sub- 
ordinate officers in the several departments. The assistant 
assessors of taxes shall be appointed by the assessors of 
taxes, subject to confirmation by the mayor, and may be 
removed by the assessors for such cause as they shall deem 
sufficient and shall assign in their order for removal, and 
the city clerk shall be chosen by the city council by con- 
current vote. 

Section 3. No member of the city council of said 
city shall, during the term for which he is elected, be 
appointed to or hold any office included under the pro- 
visions of either of the preceding sections. 

Section 4. Every officer included under the provi- 
sions of either section one or two shall, unless sooner 
removed, continue after the expiration of his term of 
service to hold his office until his successor is appointed 
or elected aud duly qualified. 



Member of city 
council not to 
be appointed 
during term for 
which elected. 



To hold office 
until successor 
is appointed 
aud qualified. 



1885. — Chapter 266. 701 

Section 5. All ofl5cers and boards included under the subordinates to 
provisions of section one shall appoint their respective t'e'rmJ'a8"fixed°'^ 
subordinates for such terms of service respectively as are ordinance. 
or may be fixed by law or ordinance. The said officers 
and boards may remove such subordinates for such cause Removals for 
as they may deem suflicient and shall assign in their order 
for removal. 

Section 6. The executive powers of said city, and Executive 
all the executive powers now vested in the board of alder- vesTed in mayor. 
men, as such, as surveyors of highways, county commis- 
sioners or otherwise, shall be and hereby are vested in the 
mayor, to be exercised through the several ofllicers and 
boards of the city in their respective departments, under 
his general supervision and control. Such oflScers and 
boards shall, in their respective departments, make all 
necessary contracts for the employment of labor, the sup- 
ply of materials, and the construction, alteration and re- 
pair of all public works and buildings, and have the entire 
care, custody and management of all public works, insti- 
tutions, buildings and other property, and the direction 
and control of all the executive and administrative busi- 
ness of said city. They shall be at all times accountable 
for the proper discharge of their duties to the mayor, as 
the chief executive officer, whose duty it shall be to secure 
the honest, efficient and economical conduct of the entire 
executive and administrative business of the city, and the 
harmonious and concerted action of the different depart- 
ments. Every contract made as aforesaid in which the contracts, in 
amount involved exceeds two thousand dollars shall re- fnTtwo thoT*^' 
quire the approval of the mayor before going into eflfect ; be approved by 
and no expenditure shall be made nor liability incurred '^'^ '"'*>'°''- 
for any purpose beyond the appropriation duly made 
therefor. 

Section 7. The mayor shall, once a month or oftener. Mayor to can to- 
call together the heads of departments for consultation month °head''s of 
and advice upon the afiairs of the city ; and at such meet- coSutiou/'''^ 
ings and at all times they shall furnish such information 
as to matters under their control as the mayor may re- 
quest. 

Section 8. The heads of departments, and all other Annual 
officers and boards having authority to expend money, fur'^shed." 
shall annually furnish an estimate to the mayor of the 
money required for their respective departments and offices 
during the next financial year. The mayor shall examine 



702 



1885. — Chapter 266. 



Mayor may 
approve some 
Items or sums 
and disapprove 
others in ordi- 
nances, etc., 
appropriating 
money. 



Votes, etc., of 
aldermen or of 
school com- 
mittee involving 
expenditure of 
money to be 
presented to the 
mayor for 
approval. 



Annual salary 
of mayor not to 
be less than 
$5,000. 



such estimates, and submit the same with his recommenda- 
tions thereon to the city council. 

Section 9. When an ordinance, order, resolution or 
vote of the city council, or of either branch thereof, in- 
volving the appropriation or expenditure of money, or 
the raising of a tax, and including separate items or sums, 
is presented to the mayor of the city for his approval, he 
may approve some of the items or sums, and disapprove 
others ; and in case of such disapproval the portion of the 
ordinance, order, resolution or vote so approved shall be 
in force, in like manner as if the items or sums disapproved 
had never been a part thereof ; and the mayor shall return 
a statement of the items or sums disapproved, with his 
objections in writing, to that branch of the city council 
in which the ordinance, order, resolution or vote origin- 
ated. The items or sums so disapproved shall not be in 
force unless passed in the manner provided in section forty- 
seven of chapter four hundred and forty-eight of the acts 
of the year eighteen hundred and fifty-four. 

Section 10. All orders, resolutions or votes of the 
board of aldermen of said city which involve the exercise 
of any of the powers conferred by law upon the mayor 
and aldermen, or the board of aldermen as a separate 
board ; and all orders, resolutions or votes of the school 
committee of said city, which involve the expenditure of 
money, shall be presented to the mayor for his approval, 
and thereupon the same proceedings shall be had by the 
mayor and the board of aldermen, or the mayor and the 
school committee, as are provided in section forty-seven 
of chapter four hundred and forty-eight of the acts of the 
year eighteen hundred and fifty-four, or in section nine 
of this act, to be had by the mayor and a single branch of 
the city council ; but nothing in this section contained 
shall affect the powers or duties of said board in relation 
to votes cast at elections. The mayor shall not be a mem- 
ber, nor preside at any of the meetings, nor appoint any 
of the committees of either the board of aldermen or of 
the school committee. 

Section 11. The annual salary of the mayor of said 
city shall be fixed by the city council by concurrent vote 
at a sum not less than five thousand dollars, and he shall 
receive for his services no other compensation or emolu- 
ment whatever. 



1885. — Chapter 267. 703 

Section 12. Neither the city council nor either branch city council, 
thereof, nor any member or committee thereof or of either lhereo"etc.,not 
branch thereof, nor the board of aldermen acting in any [heemp^oyment 
capacity in which said board may act separately under of '/'^"Mhe 

^ . ,^ />i • 1 making of con- 

special powers conferred upon it, nor any member or com- tracts, etc. 

mittee of said board acting in any such capacity, shall 
directly or indirectly take part in the employment of labor, 
the making of contracts, the purchase of materials or sup- 
plies, the construction, alteration or repair of any public 
works, buildings or other property, or the care, custody 
and management of the same, or in the conduct of any 
of the executive or administrative business of the city, or 
in the expenditure of public money, except such as may be 
necessary for the contingent and incidental expenses of the 
city council or of either branch thereof, nor, except as is 
otherwise provided in sections one and two, in the ap- 
pointment or removal of any oiBcers or subordinates for 
whose appointment and removal provision is herein before 
made; but nothing in this section contained shall aftect Powers and 

.1 1 • f ,^ 1 1 n ^ 1 • li- duties of alder- 

the powers or duties ot the board of aldermen in relation men relating to 
to state aid to disabled soldiers and sailors, and to the sotdlew, e°c., 
families of those killed in the civil war. not affected. 

Section 13. All ordinances, rules, orders, resolutions certain ordi- 
and votes of the city council of said city and of either "nnuued^."' 
branch thereof, and of the board of aldermen acting in a 
special capacity as a separate board, are annulled so far 
as they are inconsistent Avith the provisions of this act; civu service. 
and nothing herein shall afl'ect the enforcement of the pro- 
visions of chapter three hundred and twenty of the acts 
of the year eighteen hundred and eighty-four, being an 
act to improve the civil service of the Commonwealth and 
the cities thereof, or of the rules made by the commis- 
sioners appointed thereunder; and none of the provisions Tenureofoffice. 
of this act, except those relating to the power of removal, 
shall affect the tenure of office of any person now holding 
any office or position in said city. 

Approved May 27, 1885. 

An Act to prevent discrimination by telephone companies. (JJiart.^iOn 
Be it enacted etc., as follows: 

Section 1. Any person or corporation owning, con- "^antfrtobe^f^- 
trolling or operating a telephone exchange or service in nished with 
this Commonwealth shall, on application of any telegraph vye^w°irhouT 
company, furnish the telegraph company so applying with betwiTn"c'om" 
the use of a telephone or telephones and telephone ser- pan'^e. 



704 



1885. — Chaptee 268. 



Telephone ser- 
vice to be fur- 
nished without 
discrimination 
upon tender of 
charges or 
rental. 



Provisions may 
be enforced in 
equity. 



vice, and connection with their respective exchanges, the 
subscribers thereto and telephone service without dis- 
crimination between telegraph companies as to such con- 
nection, service or use of instruments furnished or charges 
therefor for the same class of service. 

Section 2. Any person or corporation owning, con- 
trolling or operating a telephone exchange or service in 
this Commonwealth shall, on application of any individual 
or corporation and the tender of the charges or rental 
sum usual or customary for the class of service required, 
without discrimination for the same class of service ren- 
dered, furnish such individual or corporation so applying 
with the use of a telephone and telephone service and con- 
nection with their respective exchanges and the subscribers 
thereto, provided that the individual or corporation apply- 
ing will secure the rights necessary to make the connec- 
tions applied for and pay to the telephone company in 
advance a sufficient sum to cover the actual cost of the 
extension, if said extension is beyond one mile from any 
main exchange circuit of the said telephone company ap- 
plied to. 

Section 3. Any court in the Commonwealth having 
equity jurisdiction shall, upon petition of any party in 
interest, enforce the provisions of this act by any suitable 
process or decree in equity. 

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

Approved May 27, 1885. 



(JJian.2GS ^^ -^^^ relative to the oath of supervisors of elections. 

Be it enacted, etc., as follows: 
Oath of super- Section 1. The supervisors of elections, provided for 
town^cie'rk.'^etc. by scctiou uiuc of chapter two hundred and ninety-nine 
of the acts of the year eighteen hundred and eighty-four, 
may take the oath or affirmation, necessary to qualify them 
for the discharge of their duties, before a town clerk or 
any other officer qualified to administer an oath. 

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

Approved May 27, 1885. 



1885. — Chapter 2G9. 705 

An Act to amend and consolidate the charter of the city (7/iap.269 

OF FALL RIVER. 

Be it enacted, etc., as follows: 

Section 1. The inhabitants of the city of Fall River charter 

111 . .I II T.» 1 i 1 amendert and 

shall continue to be a body politic and corporate under consoudaa-d. 
the name of the city of Fall River, 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 appertaining to the said 
city as a municipal corporation. 

Section 2. The administration of the fiscal and pru- Mayor, 
dential affairs of the city with the government thereof comnwn"coun- 
shall be vested in one chief officer to be called the mayor ; '=""'''"• 
one council of nine to be called the board of aldermen ; 
and one council of twenty-seven to be called the common 
council ; which boards in their joint capacity shall be called 
the city council, the members whereof shall be sworn to 
the faithful performance of their duties. A majority of Quorum. 
each board shall constitute a quorum for the transaction 
of business. 

Section o. The city council may, in the present year Division into 
and in every fifth year hereafter, alter the wards of the 
city or increase their number in such manner as to pre- 
serve as nearly as may be an equal number of legal voters 
in each ward. But no such alteration or increase shall 
change the boundary lines of any representative district 
previously established ; and each ward shall be entitled to oneaidermnn 
an alderman and three members of the common council, moncouuciimLn 
notwithstanding the provisions of the second section of 
this act. Until altered as herein provided the nine wards 
of the city shall remain as now established. 

Section 4. All warrants for meetings of the citizens warrants for 
for elections or for other purposes shall be issued by the ^^^ '°^^' 
mayor and aldermen. 

Section 5. The mayor shall be elected by the qualified Kge!"''"^ 
voters of the city at large. One alderman and three com- 
mon councilmen shall be elected from and by the voters 
of each ward, and shall be residents in the wards where 
elected. All said officers shall be chosen by ballot, and g\°Xt°^°''" 
shall hold office for one year from the first Monday in 
January, and until others are elected and qualified in their 
stead. 

Section 6. The school committee shall consist of such ^1^^°' '=°'"' 
number of persons, not less than nine and divisible by 



706 



1885. — Chapter 269. 



Annual munici- 
pal eleciiot). 



Aldprmon and 
ciiramun coun- 
cilman to niett 
in their reepect- 
ive rooms. 



Two brnnclies 
to meet in con- 
veiition. 



Oaths of office 
to be adminis- 
tered. 



Presiding 
oflicer to be 
elected. 



three, as the city council shall from time to time deter- 
mine ; one-third of whom shall be elected annually in the 
same manner as provided for the election of mayor. They 
shall hold office for a term of three years. 

Section 7. On the Tuesday next after the first Mon- 
day in December annually, the qualified voters in each 
ward shall give in their votes for mayor, aldermen, com- 
mon councilmen and members of the school committee. 
The board of aldermen shall examine the records of the 
several wards or precincts, and shall, at the expiration of 
the time provided hy law, cause the persons who have 
received the greatest number of votes for mayor, alder- 
men, members of the common council and school commit- 
tee, respectively, to be notified in writing of their election ; 
Init if it shall appear that there has been a failure to elect 
by reason of two or more persons having received an equal 
number of votes, or if a person elected shall have refused 
to accept the office to which elected, the board shall issue 
their warrant for a new election, and the same proceedings 
shall l)e had as herein before provided for the election of 
said officers, and repeated from time to time until a choice 
shall be made. 

Section 8. The aldermen and common councilmen 
elect shall, on the first Monday in January at ten o'clock 
in the forenoon, meet in their respective rooms. The 
board of aldermen shall be called to order by the mayor 
elect or in his absence by the senior member ; the common 
council by the senior member; whereupon, a quorum of 
each board being present, notice of that fact shall be given 
by each to the other and the two branches shall forthwith 
meet in joint convention. If no mayor who accepts the 
office has been chosen prior to the said first Monday in 
January, the city clerk shall read the record of that fact; 
otherwise the oath of office shall be administered to the 
mayor elect by the city clerk or a justice of the peace. 
The oath of office shall be administered to the members 
present by the mayor or a justice of the peace, and record 
thereof shall be made in the journal of each branch by its 
clerk. Members elect of either branch may afterward be 
qualified by the mayor in presence of the board of alder- 
men. After the organization of the city government as 
aforesaid, the two branches shall separate, and the persons 
chosen and qualified as aldermen shall meet and shall 
choose one of their number as president, who shall be 



1885. — Chapter 269. TOT 

sworn to the faithful performance of his duties. Ho shall, 
in the absence of the mayor, preside at all meetings of the 
board and in convention of the two branches; and shall, 
in case of any vacancy in the office of mayor, exercise all 
the powers and perform all the duties of said office during 
such vacancy, and shall always have a vote in the board. 
In the absence of the mayor and president of the board, a 
president ^ro tempore may be chosen. The persons chosen 
as common councilmen shall meet and organize by the 
choice by ballot of one of their number as president. The city auditor to 

1 1 1 1 /> I •! TT be Clerk of corn- 

city auditor shall be clerk of the common council. He mon council. 

shall, as such, attend its meetings, keep a journal of its 

proceedings, and perform such other duties as it may 

require. The president and clerk shall be sworn to the 

faithful performance of their duties. In the absence of 

either of them, a president or clerk pro tempore shall be 

chosen by ballot. Eich board shall keep a record of its 

proceedings, and judge of the election of its members. 

In case of any vacancy in either board the mayor and Vacancies. 

aldermen shall order a new election. 

Section 9. In case of the decease or resignation of the when vacancy 
mayor, or of his inability to perform the duties of his mayoVts^de- 
office, the board of aldermen and the common council eieetion°to^bf' 
shall, respectively, by vote declare that a vacancy exists ordered by the 
in said oihce, and the cause thereof ; whereupon the board 
of aldermen shall issue their warrant for the election of a 
mayor, and the same proceedings shall be had as are herein 
before provided for the election of mayor, and the mayor 
thus chosen shall hold his office for the remainder of the 
municipal year and until another is chosen and qualified 
in his stead : provided, hoioever, that when such vacancy Proviso. 
occurs on or after the first day of October in any year, 
such warrant shall not be issued except by concurrent vote 
of the board of aldermen and common council. 

Section 10. The mayor shall be the chief executive M^iyortobe 
officer of the city. He shall be vigilant in the enforce- officer. 
ment of the municipal laws and ordinances ; shall exercise 
a general supervision over the conduct of all subordinate 
officers, and shall cause their neglect of duty to be pun- 
ished. He may call special meetings of the city council, 
or of either branch thereof, by causing written notices to 
be given to the several members, or left at their respective 
places of residence. He shall perform such other duties 
as the city council may legally and reasonably require. 



708 



1885. — Chapter 2G9. 



Executive 
power gen er- 
ally, to be vested 
in mayor and 
aldermen. 



Powers vested 
in the city coun- 
cil to be exer- 
cieed by 
concurrent vote. 



City council to 
define duties 
and fix compen- 
sjitioii of city 
oflicials. 



He shall from time to time communicate to the city coun- 
cil, or either branch thereof, buch information and recom- 
mend such measures as in his opinion the interests of the 
city may require. He shall when present preside in the 
board of aldermen and in the convention of the two 
branches of the city council, but shall have no right to 
vote. 

Section 11. The executive power of the city generally, 
and the administration of the police, with all the powers 
now vested in the mayor and aldermen of the city of Fall 
River, shall continue to be vested in the mayor and 
aldermen of the city, as fully as if the same were herein 
specially enumerated. They may appoint constables and 
a police force, consisting of a city marshal or chief of 
police, and such other police officers with powers of 
constables, as they shall deem expedient. Such police 
officers shall hold office during good behavior, and until 
removed for cause by the mayor with the consent of the 
aldermen. The mayor may suspend any such police 
officer, for cause, for a period not exceeding thirty days, 
and may with the consent of the aldermen change the 
rank of such officer. The mayor and aldermen may 
require any person appointed marshal or chief of police, 
or constable of the city, to give bond for the faithful dis- 
charge of his duties, with such security as they deem 
reasonable ; upon which bonds like proceedings may be 
had as are provided by law in the case of constables' 
bonds taken by selectmen of towns. 

Section 12. All powers now vested in the city coun- 
cil of the city of Fall River, and all powers granted by 
this act, unless otherwise herein provided, shall be and 
continue vested in the city council of the city, to be exer- 
cised by concurrent vote, each board to have a negative 
upon the other. The city council shall annually, as soon 
after organization as convenient, elect by ballot in joint 
convention a city treasurer, collector of taxes, city clerk, 
city auditor and one or more surveyors of highways ; and 
shall, in such manner as it may by ordinance determine, 
appoint or elect all subordinate officers whose appoint- 
ment or election is not otherwise provided for. The city 
council shall define the duties and fix the compensation 
of all city officials when such duties and compensation are 
not defined and fixed by law. The city council shall take 
care that money be not paid from the treasury unless 



1885. — Chapter 269. 709 

granted or appropriated ; shall secure a just and prompt 
accountability by requiring bond, with sufficient penalty 
and sureties, from all persons entrusted with the receipt, 
custody or disbursement of money ; shall have the care 
and control of all city property, with power to let or sell 
what may be legally let or sold, and to purchase property, 
real or personal, whenever the interest of the city may 
require. The city council shall, as often as once a year, 
cause to be published for the use of the citizens a particu- 
lar account of receipts and expenditures and a schedule 
of city property. No member of the city council shall be Memherofcity 
appointed or elected to any office of emolument under the h°'i',roffice'of' 
city government. All sessions of the board of aldermen, emolument. 
of the common council and of the city council shall bo 
public when they are not engaged in executive business. 

Section 13. The salaries of the mayor and of the salaries of 
aldermen shall be fixed by the city council, but such I^dermen!^ 
salaries shall not be increased or diminished during the 
year for which they are chosen. The members of the 
common council shall receive no compensation. 

Section 14. The city clerk shall perform all the city cierk to be 
duties and exercise all the powers now incumbent upon l^Zhiermen!"^ 
or vested in the city clerk of said city. He shall be the 
clerk of the board of aldermen, and shall be sworn to the 
faithful performance of his duties. 

Section 15. The mayor and the aldermen shall con- overseers of the 
stitute the overseers of the poor of the city. They may p°°'- 
appoint an agent, defiue his duties and fix his compen- 
sation. They shall have all the powers and perform all 
the duties now by law vested in and incumbent upon the 
overseers of the poor of cities and towns, but shall receive 
no compensation. 

Section 1(). The board of assessors of the city shall Board of assea- 
consist of three members, one of whom shall be elected *"'^*' 
annually, who shall hold office for the term of three years 
and until their successors are chosen and qualified. They 
shall exercise the powers and perform the duties now by 
law vested in and incumbent upon assessors of cities and 
towns. The city council may make provisions for the 
assessment and collection of taxes not inconsistent with 
the laws relating thereto. 

Section 17. The board of health of the city shall Board of luaith. 
consist of the city physician and two persons, not mem- 
bers of the city council, to be appointed by the mayor 



710 



1885. — Chapter 269. 



and aldermen. The term of oflSce of the appointed mem- 
bers shall be two years, and one of them shall retire from 
office on the first Monday in February in each year. The 

City phj Bician. city physician shall be appointed by the mayor and alder- 
men for a term of three years beginning on the first 
Monday in February. Said board shall have all the 
powers and perform all the duties now by law vested in 
and incumbent upon boards of health similarly consti- 
tuted. 

^'^^^^eparu Section 18. The city council may establish a fire 

department, to consist of a chief engineer and as many 
assistant engineers and other members as said council 
may from time to time determine. In the year eighteen 
hundred eighty-six a chief engineer shall be appointed or 
elected for the term of three years, two assistant engineers 
for the term of two years, the remaining assistant engin- 
eers for the term of one year, and thereafter all such 
engineers for the term of three years. The city council, 
except as above provided, may make provisions for the 
appointment and removal of officers and members ; pre- 
scribe their qualifications ; define their duties ; fix their 
compensation ; and make regulations for their conduct 
and government, the management and conduct of fires 
and persons attending fires, with similar penalties to those 
provided for the breach of the city ordinances. The 
engineers and other officers of the fire department shall 
have the same authority in regard to the prevention and 
extinguishment of fires as is now conferred by law upon 
firewards. They shall also have authority, in compliance 
with any ordinances of snid city, to make examination of 
places where inflammable or combustible materials are 
collected or deposited, and to require the removal of the 
same or the adoption of suitable safeguards against fire. 

Laying out, etc., SECTION 19. The mayor and aldermen, with the con- 

Btreets by mayor . x r xl Mini i • 

and aldermen currcut votc 01 the commou council, snail have exclusive 

with concurrent . i jij t >• , i i 

vote of the com- powcr to lay out, alter or discontinue any street or town 
men council. way, and to estimate the damages any individual may 
sustain thereby ; and any person dissatisfied with the 
decision of the city council in the estimate of damages 
may, within one year from the time of such decision, 
make complaint to the county commissioners of the 
county of Bristol ; whereupon the same proceedings shall 
be had as are now by law provided in cases where persons 
are aggrieved by the assessment of damages by the select- 
men of towns. 



1885. — Chapter 270. 711 

Section 20. The mayor and aldermen, with the con- Dminsand 

• 1 1 1 1 I 1 common 

current vote of the common council, shall have the power sewers. 
to cuuse drains and common sewers to be laid through any 
street or private lands, paying the owners such damages 
as they may sustain thereby ; and may require all persons 
to pay a reasonable sum for the privilege of opening any 
drain into such public drain or common sewer. 

Section 21. The city council may make all such salu- By.iawsand 
tary and needful by-laws and ordinances as towns and 
cities by law have power to make, with penalties not ex- 
ceeding twenty dollars for the breach thereof. 

Section 22. All complaints for the breach of any complaints for 
ordinance of the city council, or any order of the board uances.'ctc. 
of aldermen, shall be prosecuted in the second district 
court of Bristol, and the same proceedings shall be had 
thereon as in the case of other criminal proceedings in 
said court ; and in such prosecutions it shall not be neces- 
sary to set forth in the complaint such ordinance, or order 
or any part thereof. All fines and forfeitures recovered I.'itures!'^ ^""^ 
shall be paid into the city treasury. 

Section 23. General meetings of the citizens to consult General meet- 
upon the public good, to give instructions to their repre- 
sentatives and to take all lawful measures to obtain redress 
for any grievances shall be duly warned by the mayor and 
aldermen upon the requisition of fifty qualified voters. 

Section 24. All acts and parts of acts inconsistent liepeai. 
herewith shall be and the same are hereby repealed : pro- 
vided, however, that all persons who, at the time when 
said repeal shall take effect, hold any office under said 
acts, shall continue to hold the same according to the 
tenure thereof; and prov ided , also, that all the ordinances 
(jf the city, in force when said repeal shall take effect, 
shall continue in force until the same are repealed by the 
city council. 

Section 25. This act shall be void unless accepted by Tobeaccpud 
the city council of Fall liiver within three months from its mouths. 
passage. Approved May 28, 1885. 

An Act to authorize tue amherst water company to secure (JJiar).2.10 
ITS bonds by a mortgage on its franchise and other 
property. 

Be it enacted, etc., asfolloivs: 

Section I. Section five of chapter one hundred and Jfomirbvmon- 
seventy-nine of the acts of the year eighteen hundred and g;-»g« on fran. 

■ 1 • \ 1 n k • 1 iir cliice and 

eighty, entitled An Act to incorporate the xVmherst \v ater property. 



712 



1885.— Chapter 271. 



Company, is hereby amended so as to read as follows : — 

Section 5. The said corporation for the purposes set 

Ileal estate and forth in this act may hold real estate not exceedins: in 

capital stock. ,■' TT11 11 11 "'ii 

amount twenty thousand dollars ; and the whole capital 
stock of said corporation shall not exceed seventy-five 
thousand dollars, to be divided into shares of one hundred 
dollars each ; and said corporation may issue bonds, bear- 
ing interest at a rate not exceeding six per centum per 
annum, and secure the same by a mortgage on its franchise 
and other property, to an amount not exceeding its capital 
stock actually paid in and applied to the purposes of its 
incorporation. 

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

Approved May 29, 1885. 

Oh(17) '^71 ^^ ^^^ ^^ REGULATE THE ASSESSMENT AND REGISTRATION OF 
"' VOTERS. 

Be it enacted, etc., asfoUoios: 

Section 1. In the months of May and June of each 
year, the assessors or assistant assessors of taxes shall 
visit each dwelling house or building in their respective 
cities or towns, and make a true list of all male persons, 
twenty years of age and upwards, liable to be assessed for 
a poll tax, returned to them by the owners or occupants 
of said dwelling houses or buildings as residing therein, 
together with their occupation and age, as near as may be, 
and residence on the first day of May of the preceding 
year; and shall also furnish the original list or a certified 
copy thereof to the registrars of voters of their respective 
cities and towns, from time to time, before the fifteenth 
day of July ensuing ; and all assessors and collectors of 
taxes shall furnish any information in their possession 
necessary to aid the registrars and assistant registrars in 
the discharge of their respective duties. 

Section 2. Any assessor or assistant assessor, who 
shall knowingly enter, or knowingly cause or allow to be 
entered, on the list of assessed polls, the name of any 
person not an actual resident of the dwelling house or 
building wherein he is assessed, shall be punished for each 
oflence by fine not exceeding five hundred dollars, or im- 
prisonment in the house of correction or county jail for a 
term not exceeding six months ; and any person who shall 
knowingly give to an assessor or assistant assessor, for the 
purpose of such assessment, the name of any person as a 



List of mnle 
persons liable 
to poll tax, with 
residence, 
occapation and 
age, to hi' cer- 
tified to regis- 
trars by the 
assessors. 



Penalty on 
a'^seps jr for 
nialjing false 
list. 



Penalty on per- 
pon giving false 
information. 



1885. — Chapter 271. 713 

resident of the house in which his name is given, who is 
not a resident of said house, shall be punished for each 
offence by fine not exceeding one hundred dollars, or im- 
prisonment in the house of correction or county jail for a 
term not exceeding three months. 

Section 3. Every keei)er of a tavern or boarding Keeper of 

•. r 111- u 11 1 boarding hiiupe, 

house, or master or mistress or a dwelling house shall, ormasterot 
upon application of an assessor or assistant assessor of the etT.%o'|h'e'furr 
city or town wherein such house is situated, give full and j"^°™^«o°", 
true information of the names of all persons residing under penalty. 
therein and liable to be assessed for a poll tax. Every 
such keeper, master or mistress refusing or neglecting to 
give such information, after a written demand, of which 
this section shall form a part, has been duly served on him 
in person, shall be punished by fine not exceeding one 
hundred dollars, or imprisonment in the county jail for a 
term not exceeding three months. Every person who is 
an inmate of any house kept or controlled by such 
keeper, master or mistress, and who is liable to be so 
assessed, who shall refuse or neglect to give his own 
name, when required so to do by an assessor or assistant 
assessor, after a written demand, of which this section 
shall form a part, has been duly served on him in person, 
shall be punished by fine not exceeding one hundred dol- 
lars, or imprisonment in the county jail not exceeding 
three months. 

Section 4. On complaint in writing, under oath, made correction of 
by a registered voter of a city or town to the registrars of JljonTh/aTt. 
voters thereof, in such city at least seven days and in such 
town at least four days before an election, that he has 
reason to believe, and does believe, that a certain person 
whose name appears on the list of assessed polls of said 
city or town was not on the first day of May last past a 
resident at the house wherein he is assessed, and setting 
forth his reasons for such belief, the said registrars, it 
satisfied there is probable ground for such complaint, 
shall, after making a record of the same and due notice to 
the person whose residence is called in question, summon- 
ing him to appear before them in the manner provided in 
section thirty-two of chapter two hundred and ninety- 
eight of the acts of the year eighteen hundred and eighty- 
four, examine the charges set forth in said complaint, and, 
if satisfied that said charges are true, they shall erase the 
name or change the residence of such person, as the case 



714 1885. — Chapter 272. 

may require, on the list of assessed polls transmitted to 
them by the assessors of such city or town, and shall make 
the corresponding change on the voting list, if the name 
be found thereon, and shall forthwith transmit a certified 
copy of their proceedings in such case to the said assessors. 
And any person so complained of, who shall, after such 
examination, be proven to be a resident of such city or 
town, and who shall apply for registration, shall be regis- 
tered only in the place shown, by the evidence at such 
hearing, to be his legal residence on the first day of May 
of the current year. 

^dlult to*be Section 5. Whoever shall knowingly or wilfully make 

deemed perjury, a falsc affidavit uudcr this act, regarding the qualifications 
of any voter, shall be deemed guilty of J)eIjur3^ 

Amen-imenuo SECTION 6. Scctiou twciity-five of chapter two hun- 
dred and ninety-eight of the acts of the year eighteen 
hundred and eighty-four is hereby amended by striking 
out in the third and fourth lines thereof the words " fif- 
teenth day of September," and inserting in place thereof 
the words " time fixed by law for the close of registration," 
and by striking out in the seventh line thereof the words 
" said fifteenth day of September," and inserting in place 
thereof the words *' receipt of said notice." 

jan'''w88b-''* Section 7. This act shall take effect on the first day 
of January, eighteen hundred and eighty-six. 

Approved May 29, 1885. 
Chan ^1'^ ^^ ^^^ ^^ AUTHOinzE the mystic river corporation to build a 

PILE WHARF ALONG THE MAIN CHANNEL OF MYSTIC RIVER. 

Be it enacted, etc., asfolloius: 
May build pile Section 1. The Mvstic Rivcr Corporation may build 
main channel of a band of pile wharf along the outside face of its sea wall 
ysiic iver. ^^ authoHzed to be built, on the main channel of Mystic 
River, no part of said wharf to extend beyond a line lo- 
cated and described as follows : — Beginning at a point in 
the exterior line of inclosure authorized and defined in 
the first section of chapter four hundred and eighty-one 
of the acts of the year eighteen hundred and fifty-five, 
entitled "An Act relating to the Mystic River Corpora- 
tion," where said exterior line would be intersected by 
extending easterly the southerly side line of the solid 
wharf of said corporation as now built below Chelsea 
Bridge Avenue ; thence running northerly in a straight 



1885. — Chapter 272. 715 

line to a point which is distant three hundred and eighty- 
five feet easterly from the easterly side line of said avenue, 
measuring at right angles to said avenue from a point in 
the said easterly side line, which latter point is distant 
one hundred feet southerly from the top face of the north- 
erly abutment of said avenue, measuring said latter dis- 
tance on said easterly side line ; thence turning and 
running northwesterly in a straight line to a point in the 
easterly side line of said avenue extended northerly, which 
point is distant sixty-five feet northerly from the top face 
of the abutment aforesaid, measuring on said easterly side 
line so extended. Then beginning again at a point in the 
westerly side line of said avenue extended northerly, 
which point is distant sixty-five feet northerly from the 
top face of the abutment aforesaid, measuring on said 
westerly side line so extended ; thence running westerly 
in a straight line to a point which is distant thirty feet 
northerly from the northwesterly angle of the sea wall of 
said corporation as now built ; thence turning a little and 
running still westerly in a straight line parallel to and 
thirty feet distant northerly from the top face of the north- 
erly sea wall of said corporation, as the same is now au- 
thorized to be built, until the said straight line intersects 
the easterly side line of Elm Street extended northeasterly. 
Vessels may be laid at the said pile wharf and wharfage 
and dockage may be received therefor. 

Section 2. This grant is upon the express condition Subject to p. s. 
that the authority hereby given, and all work done under i^aws'appuel'bie. 
the same, shall be subject to all the provisions of chapter 
nineteen of the Public Statutes and of any other laws which 
are or may be in force applicable thereto ; and that said 
corporation, and its successors and assigns, shall not lay Nottoiay 
any railway tracks across Chelsea Bridge or Chelsea Bridge IfiylrAckl!'^ ' 
Avenue in addition to those already laid, without first 
obtaining the consent in writing of the board of railroad 
commissioners after such public notice and hearing as the 
said board shall order. 

Section 3. The first section of chapter one hundred Repeal of isso, 
and forty-five of the acts of the year eighteen hundred "' 
and eighty is hereby repealed. 

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

Approved May 29, 1885. 



716 1885. — Chapter 273. 

CllCLT)'^^ An Act to incorporate the woburn public libuary. 

Be it enacted^ etc., as follows: 
Woburn Public SECTION 1. John Cumminofs, Edward W. Hudsoii, Ed- 

Litnrary incor- ~? ' ' 

porated. wai'd D. Haydeii, John G. Maguire, Leonard Thompson, 

and John M. Harlow, all of Woburn in the county of 
Middlesex, and their associates and successors, to be de- 
termined and elected as hereinafter provided, are made a 
body corporate by the name of Woburn Public Library, 
for the purpose of establishing and maintaining in said 
town an institution to aid in the promotion of education 
and the diffusion of knowledge by means of a library, free 
to all the inhabitants of said town, with all the powers 
and privileges and subject to all the duties, restrictions 
and liabilities set forth in all general laws which now are 
or may hereafter be in force applicable to such corpora- 
tions. 

To have control SECTION 2. Said Corporation shall, upon its organiza- 

01 property set . , , t> ai • i Vi i i. 

apart by the tiou aud thc acccptauce ot this act by the corporators 
p°ub"ic library, hcrciu uamcd, and its acceptance by said town, have the 
management and control of all the property, real and 
personal, now held by the said town of Woburn and set 
apart for the purposes of a public library, and shall in 
relation thereto perform and discharge, on behalf of said 
town, any and all duties and trusts subject to which the 
same or any part thereof is now held by said town, but 
without power to contract any debt or liability which shall 
be binding upon said town unless legally directed and 
May hold other empowered so to do. Said corporation may also hold 
exceeding'^"' othcr property, real or personal, not exceeding three 
$300,000. hundred thousand dollars in value, for the purposes of a 

public library ; and all gifts, grants, devises and bequests 
thereto shall be held and used for such purposes and in 
conformity to the conditions upon which the same shall 
be made and given, provided such conditions are not 
inconsistent with the provisions of this act. 
Town may SECTION 3. The town of Wobum, so long as a library 

m^fney irfaki of frcc to all the inhabitants of said town is maintained 
library. therein, under and in conformity with this act, is hereby 

authorized to appropriate and pay money in aid of sup- 
porting such institution in the same manner as is author- 
ized by law for the establishment, maintenance or increase 
of a public library, and said corporation may receive and 
use, in conformity with this act, all such appropriations. 



1885. — Chatter 273. 717 

Section 4. The persons herein before named and des- Boaniof 
ignated as corporators under this act, with three persons managemciu''o7 
to be elected by the town of Woburn, as hereinafter pro- "^raiy. 
vided, shall constitute the members and board of trustees 
of said corporation, and shall have the entire management, 
control and direction of its affairs, and shall choose from 
their number a president and a clerk, and may prescribe 
the duties of each, and from time to time may make such 
by-laws and regulations for the management of the insti- 
tution, its property and funds, and for the use of the 
library, not in conflict with this act, as they may deem 
best for carrying out the pur[)Oses thereof. 

Section 5. The number of the trustees shall not exceed Election of 
nine, and three of them shall be elected, one for the term 
of three years, one for the term of two years and one for 
the term of one year, by the town of Woburn at its first 
annual meeting held after the passage of this act ; at which 
meeting also this act may be accepted if not previously 
accepted ; and thereafter one trustee shall be elected an- 
nually by the town for the term of three years ; and after 
the acceptance of this act by said town, and until its elec- 
tion of trustees as herein provided, the corporators herein 
before named and designated shall constitute the members 
and board of trustees, with all the powers herein conferred. 
Any vacancy occurring at any time in the corporation and 
board of trustees shall be filled, by election, by the town 
at its next annual meeting, or at a meeting specially called 
for the purpose : provided, however, that no person not an 
inhabitant of the town of Woburn shall be eligible as such 
trustee. 

Section 6. The treasurer of the town of Woburn, for Treasurer of 
the time being, shall receive and hold all funds belonging funds.*" 
to the corporation, or of which it has the management or 
control, subject to the order of the trustees; they shall 
annually make a report to the town of their doings, and 
their records and books of account shall at all convenient 
times be open to the inspection and examination of the 
town. 

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

Approved May 29, 1885. 



718 



1885. — Chapters 274, 275, 276. 



Administration 
without surety 
on bond, with 
consent of per- 
sons intereBltd. 



C!JlC('n.274: ^^ ^^'^ relating to the bonds of administrators of intestate 

ESTATES AND OF ADMINISTRATORS WITH THE WILL ANNEXED. 

Be it enacted, etc., as folloios: 

Section 1. An administrator of an intestate estate, or 
an administrator with the will annexed, shall be exempt 
from giving a snrety or sureties on his bond, when all the 
persons interested in the estate, who are of full age and 
legal capacity, other than creditors, certify to the probate 
court their consent thereto ; but not until all the creditors 
of the estate, and the guardian of any minor interested 
therein, have been notified and have had opportunity to 
show cause against the same ; but such administrator shall 
in all cases give his own personal bond, with conditions 
as prescribed by law : provided, that the probate court 
may at or after the granting of letters of administration 
require a bond, with sufficient surety or sureties, if it is 
of opinion that such bond is required by a change in the 
situation or circumstances of such administrator, or for 
other sufficient cause. 

Section 2. Every administrator who neglects to give 
bond, with surety or sureties, when required by the pro- 
bate court within such time as it directs, in accordance 
with this act, shall be considered to have declined or re- 
signed the trust. 

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

Approved May 29, 1S85. 



Proviso. 



Administrator 
not giving bond 
when required, 
considered to 
have resigned 
the trust. 



Ch(qj.275 



Salary estab- 
lished. 



Chap.llQ 



Personal estate 
to widow when 
husband leaves 
no kindred. 



An Act to establish the salary of the judge of probate 

AND insolvency FOR THE COUNTY OF WORCESTER. 

Be it enacted, etc., as folloios: 

Section 1. The judge of probate and insolvency for 
the county of Worcester shall receive an annual salary 
of three thousand dollars, beginning with the first day of 
January, eighteen hundred and eighty-five. 

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

Approved 3fay 29, 1S85. 

An Act in relation to the distribution of estates of in- 
testates. 

Be it enacted, etc. , as follows : 

The third section of chapter one hundred and thirty-five of 
the Public Statutes is amended by adding, at the end of the 
fifth clause of said section, the words: — If the intestate 
leaves a widow and no kindred the widow shall be entitled 
to the whole of the residue. Approved May 29, 1885. 



1885. — Chapters 277, 278. 719 

An Act to establish the salaries of the commissioners of njjfi^^ 077 

THE counties OF ESSEX, MIDDLESEX AND NORFOLK. ' 

Be it enacted, etc., as follows: 

Section 1. The ccmimissioners and special commis- saiaviea estab- 
sioners of the counties of Essex, Middlesex and Norfoli?, 
shall receive from their respective county treasuries, in 
full payment for all their services and travel, the following 
annual salaries ; the special commissioners to be paid three 
dollars each per day and ten cents a mile travel each way, 
and the balance thereof to be divided among the county 
commissioners in proportion to the services rendered, the 
travel performed and the expenses incurred by each ; and 
no other or additional compensation shall be paid to them 
for any service performed by them for their respective 
counties. For the county of Essex, the sum of thirty-nine 
hundred dollars. For the county of Middlesex, the sum 
of forty-tive hundred dollars. For the county of Norfolk, 
the sum of twenty-seven hundred dollars. 

Section 2. So much of section fourteen of chapter Repeal, 
twenty-two of the Public Statutes as may be inconsistent 
herewith is hereb}^ repealed. 

Section 3. This act shall take effect on the first day to take effect 
of July in the year eighteen hundred and eighty-five. "^ ' 

Approved May 29, 1885. 

An Act to amend chapter eighty-two of the public stat- CJJicin.^^S 

UTES relating TO CEMETERIES AND BURIALS. 

Be it enacted, etc., as fuUoivs : 

Section 1. Section nineteen of chapter eighty-two of Board of health 
the Public Statutes is amended so as to read as follows: useVfTombsby 
— Section 19. Boards of health of cities and towns may purp^/e^T '''' 
prohibit the use by undertakers, for the purpose of specu- speculation. 
lation, of tombs as places of deposit for bodies committed 
to them for burial ; may, if in their opinion the public 
health requires it, close any tomb, burial ground, ceme- 
tery or other place of burial within the city or town, for 
such length of time as the}^ may deem necessary for the 
protection of the public health ; may make all regulations May make rcg. 
which they judge necessary concerning burial grounds cVrni"igtomb9 
and interments within their respective limits, and may ^""^ interments. 
establish penalties not exceeding one hundred dollars for 
any breach of such regulations. 

Section 2. Section twenty-four of said chapter is Appeals may be 
amended to read as follows: — /Section 24. Appeals'"^ yajury. 



720 1885. — Chapter 279. 

shall be tried in regular course before a jury, and if the 
jury find that the tomb, burial ground or cemetery so 
closed was not a nuisance nor injurious to the public 
health at the time of the order, and that the closing thereof 
was not necessary for the protection of the public health, 
the court shall rescind such order so far as it affects such 

Costs. tomb, burial ground or cemetery ; and execution for the 

costs of the appeal shall issue in favor of the appellant, 
against the city or town in which the same was situated. 
But if the order is sustained execution shall issue for 
double costs against the appellant in favor of the board of 
health for the use of the city or town. 

^^P*^**'- Section 3. Sections twenty-five, twenty-six, twenty- 

seven and twenty-eight of chapter eighty-two of the 
Public Statutes are repealed. 

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

Approved May 29, 1885. 

Chan.279 ^^ ^^"^ ^^ confirm and make valid the organization and 

rROCEEDINGS OF THE ORTHODOX CONGREGATIONAL SOCIETY IN 
"WEST CAMBRIDGE AND TO CHANGE THE NAME OF SAID CORPO- 
RATION. • 

Be it enacted, etc. , as follows : 

Organization SECTION 1. The Organization as a corporation of the 

conifrmed! "'^* Orthodox Cougregatioual Society in West Cambridge 
known as the West Cambridge Orthodox Congregational 
Society and afterwards as the Arlington Orthodox Con- 
gregational Society, which organization was effected on 
the second day of January in the year eighteen hundred 
and forty-three under general laws, and all gifts, devises, 
bequests and conveyances to and all conveyances and 
transfers by said corporation of real or personal estate 
under either of said names or under whatsoever name the 
same shall have been made and the records of said corpo- 
ration under whatsoever name the same appear to be 
written, and all the acts done and performed by its officers 
in their official or supposed official capacities as officers 
of said corporation or by committees, are hereby fully 
ratified and confirmed, and the same shall be taken and 
deemed to be good and valid in law to all intents and 
purposes whatsoever, and the several persons now appear- 
ing by the records of said corporation to have been chosen 
as officers or committees thereof at its last annual meeting 
are hereby authorized to perform all their respective 



1885. — Chapters 280, 281, 282. 721 

official duties until their successors shall be chosen and 
qualified. But nothing in this act shall be construed to 
continue in force any by-law of said corporation repugnant 
to the laws of the Commonwealth. 

Section 2. The corporate name of said soci&ty shall ^-ame changed. 
be Arlington Orthodox Congregational Society. 

Approved May 29, 18S5. 

An Act to confirm and establish the name of the first ^/i/y-r) 9^0 

UNIVKKSALIST SOCIETY OF ARLINGTON. ^ 

Be it enacted, etc., as follows: 

Section 1. The parish in Arlington heretofore known Name changed. 
as The First Universalist Society in West Cambridge and 
as The First Universalist Society of Arlington shall here- 
after be known as The First Universalist Society of 
Arlington, and the vote of said society at a meeting of its 
members held April ninth, in the year eighteen hundred 
and eighty-five, establishing its corporate name is hereby 
ratified and confirmed. 

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

Approved May 29, 1885'. 



amended. 



An Act to amend the charter of the trustees of the 

delta psl society of williams college. 
Be, it enacted, etc., as follows : 

Section 1. Section two of chapter one hundred and charter 
Sixty-two 01 the acts of the year eighteen hundred and 
seventy-three is hereby amended by striking out the word 
" twenty" in the fifth line and inserting the word " fifty" 
in place thereof, so as to read as follows : — /Section 2. 
The trustees of the Delta Psi Society of Williams College 
may receive, purchase, hold and convey real and personal 
property for the uses of the above named society, provided 
that the value of the real estate so held at any time shall 
not exceed fifty thousand dollars, and said property shall 
not be exempt from taxation. 

Section 2. This act shall take efl:ect upon its passage. 

Approved May 29, 1885. 



Ckap.281 



Chap.282 



An Act respecting notices forbidding the sale of intoxi- 
cating LIQUORS. 
Be it enacted, etc., as follows: 

Section 1. The provisions of section twenty-five of Provisions of 
chapter one hundred of the Public Statutes shall apply to rppiytrelieU'f 
sales of alcohol and other spirituous and intoxicating dl'Sgu'ts!*''''^^ 



722 



1885. — Chapter 283. 



Penalty for sell- 
ing liquor after 
i-pecial uotico 
given. 



If plaintiff diep, 
action to sur- 
vive. 



Chajx283 



Mortgage, to 
secure iigainst a 
contingent lia- 
bility which has 
ceaeed to exist, 
may be dis- 
charged by 
S. J. C. 



liquor by druggists and apothecaries. But no druggist 
or apothecary shall be liable under said section for a sale 
made upon the prescription of a physician. 

Section 2. The mayor of a city or any one of the 
selectmen of a town in which a person lives who has or 
may hereafter have the habit of drinking spirituous or 
intoxicating liquor to excess, may give notice in writing 
signed by him, to any person, requesting him not to sell 
or deliver such liquor to the person having such habit. 
If the person so notified at any time within twelve months 
thereafter sells or delivers any such liquor to the person 
having such habit, or permits such person to loiter on his 
J) remises, the person giving the notice may, in his own 
name in an action of tort brought at his election for the 
benefit either of the husband, wife, child, parent or guar- 
dian of the person having such habit, recover of the per- 
son so notified such sum, not less than one hundred nor 
more than five hundred dollars, as may be assessed as 
damages. In case of the death of the plaintiff or of the 
person beneficially interested in the action, the action 
shall survive to or for the benefit of his executor or 
administrator. 

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

Ap2»'oved May 29, 1885. 

An Act relating to tue settlement of titles to heal estates. 

Be it enacted^ etc., as follows: 

When the record title of real estate is encumbered by 
an undischarged mortgage, and the mortgagor and those 
having his estate in the premises have been in uninter- 
rupted possession of such real estate for twenty years 
from the date thereof, and it shall appear that such mort- 
gage was not given to secure the payment of a sum of 
money or a debt, but to secure the mortgagee against 
some contingent liability assumed or undertaken by him, 
and that such contingent liability has ceased to exist, and 
that the interests of no person will be prejudiced by the 
discharoje of such mortgage, the mortgagor, or those hav- 
ing his estate in the premises, may appi}' to the supreme 
judicial court by petition, setting forth the facts and ask- 
ing for a decree as hereinafter provided ; and if after no- 
tice to all persons interested, by publication or otherwise, 
as the court may order, it shall appear that the liability 
on account of which such mortgage was given has ceased 



1885. — Chapter 284. 723 

to exist and that such mortgage ought to be discharged, 
the court may enter a decree, setting forth the facts 
proved, and its findings in relation thereto, which decree 
shall within thirty days be recorded in the proper registry 
of deeds, and thereafter no action shall be brought to en- 
force a title under said mortgage. 

Approved June 2, 1885. 



An Act in addition to an act making appropriations for ex- 
penses AUTHORIZED THE PRESENT TEAR, AND FOR CERTAIN 
OTHER EXPENSES AUTHORIZED BY LAW. 



OA«p.284 



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 Common- 
wealth, from the ordinary revenue, for the purposes 
specified in certain acts and resolves of the present year, 
and to meet certain other expenses authorized by law, 
to wit : — 

For providing; rooms for the bureau of statistics of Bureau of sta. 

1 o , tisncs of labor. 

labor, for the purpose of taking the decennial census, 
and for furnishing the same, a sum not exceeding three 
thousand dollars, as authorized by chapter thirty of the 
resolves of the present year. 

For the expenses of John W. Dickinson, delegate to johnw. Dicis- 
represent the educational interests of the Commonwealth ^"^°°- 
at the world's industrial, cotton and centennial exposition 
at New Orleans, a sum not exceeding three hundred dol- 
lars, as authorized by chapter thirty-one of the resolves 
of the present year. 

For printing extra copies of the report of the commis- survey and map 
sioners on the topographical survey and map of Massachu- of t^e state. 
setts, nineteen dollars and twenty cents, as authorized by 
chapter thirty-two of the resolves of the present year. 

For the town of Franklin, one hundred and thirty-eight Town of Frank. 
dollars and thirty-seven cents, as authorized by chapter 
thirty-three of the resolves of the present year. 

For providing fire escapes at the state normal school at Normal school 
Framingham, a sum not exceeding eight hundred aud fifty "' '"■""^g ^^■ 
dollars, as authorized by chapter thirty-four of the resolves 
of the present year. 

For printing and binding the decennial census, a sum census. printing 
not exceeding eight thousand dollars, as authorized by ^""^ '^'"'i'°«- 
chapter thirty-eight of the resolves of the present year. 



724 



1885. — Chapter 284. 



Mozart Asso- 
ciation. 



Lavinia Cook. 



Drainage. 



Asenath Man- 
ning. 



State library. 



Lunatic hospita 
at Taunton. 



Soldiers em- 
ployment 
bureau. 



.James M. Bar- 
Ijer. 



Annie Fitz- 
gerald. 



Fanny Ross. 



Co-operative 
distril>ution. 



Clerk of rail- 
road commis- 
sioners. 



For the Mnssachiisetts Mozart association of the fortieth 
New York Mozart regiment, five hundred dollars, as au- 
thorized by chapter thirty-nine of the resolves of the pres- 
ent year. 

For Lavinia Cook, seventy-two dollars, as authorized 
by chapter forty-one of the resolves of the present year. 

For expenses in connection with a general system of 
drainage for the valleys of the Mystic, Blackstone and 
Charles rivers, and certain other portions of the Com- 
monwealth, a sum not exceeding thirteen thousand dollars, 
as authorized by chapter forty-three of the resolves of the 
present year. 

For Asenath Manning, to be paid to the selectmen of 
the town of Goshen, two hundred doUars, as authorized 
by chapter forty-four of the resolves of the present year. 

For certain improvements in the state library, a sum 
not exceeding one thousand five hundred dollars; and for 
the purchase of English law journals and reports for said 
lii)rary, a sum not exceeding one thousand dollars, as au- 
thorized by chapter forty-live of the resolves of the pres- 
ent year. 

For certain improvements at the state lunatic hospital 
at Taunton, a sum not exceeding seventy-six hundred 
dollars, as authorized by chapter forty-six of the resolves 
of the present year. 

For the disabled soldiers employment bureau, a sum 
not exceeding eight hundred dollars, as authorized by 
chapter forty-seven of the resolves of the present year. 

For James M. Barker, the sum of five hundred dollars, 
as authorized by chapter forty-eight of the resolves of the 
present year. 

For Annie Fitzgerald, the sum of one hundred dollars, 
as authorized by chapter forty-nine of the resolves of the 
present year. 

For Fanny Ross, the sum of two hundred dollars, as 
authorized by chapter fifty of the resolves of the present 
year. 

For the preparation, publication and distribution of a 
pamphlet descriptive of the history, methods and present 
condition of co-operative distribution in Great Britain, a 
sum not exceeding eighteen hundred dollars, as authorized 
by chapter fifty-one of the resolves of the present year. 

For the salary of the clerk of the railroad commissioners, 
five hundred dollars, as authorized by chapter one hundred 



1885. — Chapter 281. 725 

and nineteen of the acts of the present year, being in addi- 
tion to the two thousand dollars appropriated by chapter 
three of the acts of the present year. 

For the salaries of four additional district police officers, District police. 
four thousand eight hundred dollars ; for travellino: ex- 
penses of said officers, a sum not exceeding two thousand 
dollars, as authorized by chapter one hundred and thirty- 
one of the acts of the present year. 

For the salary of the accountant of the board of rail- Accountant of 

1 .. j^iii-iii i-T railroad com- 

road commissioners, live hundred dollars, as authorized miasionere. 
by chapter one hundred and sixty-four of the acts of the 
present year, being in addition to the two thousand dollars 
appropriated by chapter three of the acts of the present 
year. 

For the salary of the judge of probate and insolvency Juigeofpro- 
for the county of Bristol, one hundred and forty-two udstoicouDty. 
dollars and seventy-seven cents, as authorized by chapter - 
one hundred and sixty-five of the acts of the present year, 
being in addition to the one thousand eight hundred dol- 
lars appropriated by chapter two of the acts of the present 
year. 

For the salary of the district attorney for the middle District attor- 
district, two hundred and twelve dollars and fifty cents, dutdct.'^''^*^" 
as authorized by chapter one hundred and sixty-eight of 
the acts of the present year, being in addition to the eight- 
een hundred dollars appropriated by chapter two of the 
acts of the present year. 

For the salary of the auditor of the Commonwealth, five Auditor. 
hundred dollars, as authorized by chapter one hundred 
and ninety^five of the acts of the present year, being in 
addition to the two thousand five hundred dollars appro- 
priated by chapter three of the acts of the present year. 

For the salary of the first clerk in the department of ^'^^^^^^°'''« fi""*' 
the auditor of the Commonwealth, two hundred dollars, 
as authorized by chapter one hundred and ninety-five of 
the acts of the present year, being in addition to the one 
thousand eight hundred dollars appropriated by chapter 
three of the acts of the present year. 

For the salary of the judge of probate and insolvency judge of pro- 
for the county of Sufiblk, one thousand dollars, as author- Suffolk county. 
ized by chapter two hundred and three of the acts of the 
present year, being in addition to the four thousand dollars 
appropriated by chapter two of the acts of the present 
year. 



726 



1885. — Chapter 284. 



Clerical assist- 
ance, register 
of probate, etc. 
lor Suffolk 
County. 



Commissioner 
on State aid. 



Secretary of 
board of educa- 
tion. 



Small items of 
expenditure. 



Prison and hos- 
pital loan sink- 
ing fund. 



Compensation 
of messengers, 
etc. 



New York and 
New England 
liailroad. 



Common- 
wealth's flats 
improvement 
fund. 



For clerical assistance in the office of the register of 
probate and insolvency for the county of Suffolk, two 
hundred dollars, as authorized by chapter two hundred 
and five of the acts of the present year, being in addition 
to the allowance authorized said register and appropriated 
in the sum for extra clerical assistance to the courts of 
probate and insolvency in chapter two of the acts of the 
present year. 

For the salary of the third commissioner on state aid, 
the sum of three hundred dollars, as authorized by chap- 
ter two hundred and fourteen of the acts of the present 
year, being in addition to the four thousand five hundred 
dollars appropriated by chapter three of the acts of the 
present year. 

For the salary of the secretary of the board of educa- 
tion, the sum of five hundred dollars, as authorized by 
chapter two hundred and twenty seven of the acts of the 
present year, to be paid out of the moiety of the income 
of the Massachusetts school fund applicable to educa- 
tional purposes, being in addition to the two thousand 
nine hundred dollars appropriated by chapter three of the 
acts of the present year. 

For small items of expenditure for which no appropria- 
tions have been made, or for which appropriations have 
been exhausted or reverted to the treasury in previous 
years, a sum not exceeding one thousand dollars. 

For the prison and hospital loan sinking fund, the sum 
of sixty thousand dollars, as authorized by section thirty- 
six, chapter two hundred and fifty-five of the acts of the 
year eighteen hundred and eighty-four. 

For the compensation of doorkeepers, messengers and 
pages to the senate and house of representatives, a sum 
not exceeding twelve thousand dollars, being in addi- 
tion to the ten thousand dollars appropriated by chapter 
one of the acts of the present year. 

For the purpose of protecting the interests of the Com- 
monwealth in the bonds of the New York and New Eng- 
land railroad company, as authorized by chapter six of the 
resolves of the year eighteen hundred and eighty-four, a 
sum not exceeding five thousand dollars. 

For the Commonwealth's flats improvement fund, one 
hundred thousand dollars, as authorized by section two of 
chapter three hundred and fourteen of the acts of eighteen 
hundred and eighty-four. 



1885. — Chapter 285. 727 

For expenses in connection with the examination of offi- Esamination of 

. ' . 1 /. I 1 • oflicial bonds. 

cial bonds in the custody or the treasurer and receiver- 
general, a sum not exceeding five hundred dollars, to be 
expended with the approval of the governor and council, 
as authorized by chapter thirty-two of the acts of the pres- 
ent year. 

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

Approved Jane 3, 1885. 

An Act to authorize the county commissioners of the county /^7,^y,v) '^S'l 

OF ESSEX TO LAY OUT AND CONSTRUCT A FOOTWAY BETWEEN HAVER- -^ '" 

HILL AND BRADFORD. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners for the county oounty commis- 
of Essex are hereby authorized, if in their judgment public Struct a"footway' 
convenience warrants the necessary cost of construction ^lcku^veThe. 
and maintenance, as soon as may be after the passage of ^j^'aa^^gr^lfl}'''^ 
this act and before the first day of July in the year eight- 
een hundred and eighty-seven, to lay out and construct 
a footway for the common use of foot passengers, from a 
point near the northerly end of Blossom Street, in Brad- 
ford, in said county, across the Merrimack River to a 
point on Wa-shiugton Street near the crossing of the Bos- 
ton and Maine Railroad in Haverhill, in said county, and 
for that purpose to attach a sidewalk to the bridge of the 
Boston and Maine Railroad over the Merrimack River at 
Haverhill, which sidewalk shall be a part of said footway ; 
the manner and position of attachment of said sidewalk 
to said bridge to be subject to the approval of the railroad 
commissioners. 

Section 2. To secure and accomplish the objects of ^^y take lands 
the preceding section, and for the purpose of obtaining 
convenient approaches to said sidewalk, said county com- 
missioners may take such lands, buildings, wharves, piers 
and structures of any person or corporation as they may 
deem necessary, and may erect and place such structures 
on or over such lands, buildings, wharves, piers and struct- 
ures of an}^ person or corporation as they may deem neces- 
sary : provided, that they shall not take up or remove any proviso. 
track now laid by the Boston and Maine Railroad except 
with the consent of the raiU'oad commissioners, nor erect or 
place any structure over any such track which shall pre- 
vent the convenient passage of trains thereon. 



728 



1885. — Chapter 285. 



To cause to be 
ri'corcled in the 
registry of deeds 
a description of 
the land, etc., 
taken. 



Assessment of 
damages. 



To conform to 
requirements of 
the railroad, 
and harbor and 
land commis- 
sioners. 



Liability for 
damages. 



Apportionment 
of expense in 
addition to pri- 
vate subscrip- 
tions. 



Section 3. Said county commissioners shall, within 
sixty days after the taking of any lands, buildings, wharves, 
piers or structures as aforesaid, and within sixty days after 
the erection of any structure on or over any lands, build- 
ings, wharves, piers or structures as aforesaid, other than 
by agreement with the owner thereof, file and cause to be 
recorded in the registry of deeds for the southern district 
of Essex county a description thereof, sufficiently accurate 
for identification, with a statement of the purposes for which 
the same were taken or used, signed by the chairman of 
said commissioners. 

Section 4. Any person or corporation sustaining dam- 
ages in property by reason of any doings of said county 
commissioners, under the authority of the preceding sec- 
tions, who fails to agree with said commissioners as to 
the amount of damages sustained, may have the damages 
assessed and determined in the manner provided by law 
when land is taken for the laying out of highways, on 
application at any time within the period of twelve months 
from such doings, but no application shall be made after 
the expiration of said twelve months. 

Section 5. In the location and construction of such 
footway, including said sidewalk and api)roaehes, said 
county commissioners shall conform to such requirements 
as may be made by the board of railroad commissioners 
and the board of harbor and land commissioners in the 
premises, and shall not proceed to the location and con- 
struction of the same until the plans therefor have been 
approved by said board of railroad commissioners and 
board of harbor and land commissioners. 

Section 6. Nothing in this act contained shall be con- 
strued to impose any liability on the Boston and Maine 
Railroad for damages for bodily injuries sustained by any 
person while travelli*ig on that part of said footway at- 
tached to said bridge, or in any way to affect or impair 
the obligations imposed upon said railroad by chapter two 
hundred and sixty-five of the laws of the year eighteen 
hundred and eighty-one. 

Section 7. The said county commissioners are author- 
ized to receive and expend upon the construction of said 
footway such sum or sums as may be raised for that pur- 
pose by private subscription, and shall, after due notice 
to all parties interested, and after a hearing of all such 
parties, proceed to apportion and assess upon the city of 



1885. — Chapters 286, 287. 729 

Haverhill and the town of Bradford the remaining cost 
of locating and constructing said footway, including said 
approaches and sidewalk, over and above the amount 
received from private subscription, in such proportion 
as thev shall deem iust and equitable. Said county com- Repairs and 

. 11-111, • ti !• • 1 'L maintenance, 

missioners shall also determme what proportion said city 
and town shall pay annually for the cost of repairs and 
maintenance of said footway, including said approaches 
and sidewalk. 

Section 8. The treasurer of the city or town having swomstate- 
the care of the repairs and maintenance of said footway, cost of repairs 
including said approaches and sidewalk, and paying there- *° ^™* ^" 
for out of the treasury of said city or town, shall make a 
sworn statement to the said county commissioners of the 
annual expense thereof, on or before the first day of elanu- 
ary in each year, and the said city or town shall be enti- 
tled to recover in an action of contract from said other city 
or town the proportion said city or town should pay. 

Section 9. The county commissioners of the said ^°yhirf """" 
county of Essex are hereby authorized to hire such sums money, etc. 
of money as may be necessary to comply with the pro- 
visions of this act. 

Section 10. This act shall take effect upon its passage. 

Approved June 3, 1885 

An Act to establish the salary of the clerk of the first (JJiap^^SG 

DISTRICT court OF NORTHERN WORCESTER. 

Be it enacted, etc., as foUoivs : 

The annual salary of the clerk of the first district court fiS ^*^''^' 
of northern Worcester shall be eight hundred dollars, 
beginning with the first day of July in the year eighteen 
hundred and eighty-five. Approved Jane 4, 1883. 

An Act to authorize the purchase op additional land for the QJi(ir),2S7 

REFORMATORY PRISON FOR WOMEN. 

Be it enacted, etc., as follows: 

Section 1. The commissioners of prisons are hereby Additional land 
authorized to purchase and hold in behalf of the Common- tory prison for* 
wealth, for the use of the reformatory prison for women, women. 
a portion, not exceeding nineteen acres in extent, of the 
laud lying upon the northerly side of said prison and now 
owned by William Knowlton of Upton, and a portion, not 
exceeding twelve acres in extent, of the land lying on the 
easterly side of the road leading from South Framingham 



730 1885. — Chapter 288. 

to said prison aud now owned by Joshua Smith of Fram- 
ingham ; aud they may pay for the said land of said 
Knowlton, with the buildings thereon, a sum not exceed- 
ing eight thousand dollars, and for said land of said Smith 
a sum not exceeding three thousand six hundred dollars : 
Proviso. provided, however, that neither of said purchases shall be 

made without the approval of the governor and council. 
Seciion 2. This act shall take effect upon its passage. 

Approved June 4, 1885. 

ChClV "^88 ^^ ^^^ CONCERNING THE GREAT SEAL OF THE COMMONWEALTH. 

Be it enacted.! etc., as follows : 

Commonweals^ Section 1. The great seal of the Commonwealth shall 
be circular in form, and shall bear upon its face a repre- 
sentation of the arms of the Commonwealth, with an in- 
scription round about such representation, consisting of 
the words " Sigillum Reipublicse Massachusettensis " ; but 
the colors of such arms shall not be an essential part of 
said seal, and an impression from an engraved seal accord- 
ing to said design, on any commission, paper or document 
of any kind, shall be valid to all intents and purposes 
whether such colors, or the representation of such colors 
by the customary heraldic lines or marks, be employed or 
not. 

Commonwealth. Section 2. The arms of the Commonwealth shall con- 
sist of a shield, whereof the field or surface is blue, and 
thereon an Indian dressed in his shirt and moccasins, 
holding in his right hand a bow, in his left hand an arrow, 
point downward, all of gold ; and in the upper corner 
above his right arm a silver star with five points. The 
crest shall be a wreath of blue and gold, whereon is a right 
arm bent at the elbow, and clothed and rufiled, the hand 
grasping a broadsword, all of gold. The motto shall be 
" Ense petit placidam sub libertate quietem." 

fo^beT^m°ed'"' SECTION 3. The scal of the Commonwealth, now in 

the official seal, uge in the officc of the secretary of the Commonwealth, 
shall be deemed the seal authorized by this act so long as 
its use may be continued. 

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

Approved June 4, 1885. 



1885. — Chapters 289, 290, 291. 731 

An Act concerning the issuing of warrants in bastardy Qj^nj^ 989 

CASES. 

Be it enacted, etc., asfolloius: 

Section one of chapter eighty-five of the Public Statutes warrants m 
is hereby amended so as to read as follows : — When a *'^^''^'"'^>' '=^*^^- 
woman who has been delivered of a bastard child, or is 
pregnant with a child which if born alive may be a bastard, 
makes a complaint to a police, district or municipal court, to 
a clerk tbei-eof or to a trial justice, and desires to institute 
a prosecution against the person whom she accuses of 
being the ftilher of the child, the court, clerk or trial jus- 
tice shall take her accusation and examination in writing, 
under oath, respecting the person accused, the time when 
and the place where the complainant was begotten with 
child, and such other circumstances as the court, clerk or 
trial justice deems necessary for th^ discovery of the 
truth of such accusation. The court, clerk or trial justice 
may issue a warrant against the person accused, returnable 
before the same or any other court or trial justice having 
jurisdiction thereof in the county. The warrant shall run 
throughout the state, and any officer to whom it is directed 
may serve it and apprehend the defendant in any county. 

Approved June 5, 1885. 

An Act to confirm certain proceedings of the st. jean bap- ni^r,,Yw 900 

TISTE society OF MARLBOROUGH. 

Be it enacted, etc., as foUoios : 

Section 1. All acta and proceedings of the St. Jean proceedings 
Baptiste Society of Marlborough, a corporation duly estab- <=''°^'"'^^<^- 
lished under the laws of this Commonwealth, which said 
corporation might legally do, so far as the same are affected 
by any defect or irregularity in the manner of the election 
of its members or officers, or the qualifications of the same, 
are hereby ratified and confirmed. 

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

Approved June 5, 1885. 



CAap.291 



An Act providing for the appointment of official stenog- 
raphers FOR THE superior COURT. 

Be it enacted, etc., as follows: 

Section 1. The judges of the superior court or a ma- stenographers 
jority of them shall appoint a stenographer for each county, wh^o^h^auTe'"''' 
e.xcept the county of Suffolk, to serve as herein provided, oFthec^r^^ 



732 1885. — Chaptee 291. 

who shall be sworn officers of saiJ court, and shall each 
receive the sum of seven dollars for each day's actual and 
necessary attendance at court, to be paid by the county 
in which such term of court is held upon the certificate of 
the presiding judge as to such attendance. 
To attend all SECTION 2. It shall be the duty of such stenographers 

sessions of the in . « , iii^ ••i7 

court for civil to attend all sessions of said court held tor civil business 
in the counties for which they are severally appointed, 
and to take stenographic notes of all evidence taken at such 
trials and of the rulings and charge of the presiding judge, 
and when requested by such judge to read from such notes 
in open court any portion of the testimony so taken, and 

Copies of notes to fumish such iudgc, when requested, a transcript from 

lullv written out t' o ' ± ^ i^ 

to be furnished such uotcs fully writtcu out of such pai t of such testimony, 

when requested. i ,. i i • i i i. x 

charge or rulings as may be desired, and upon request to 
furnish either party to such action within a reasonable time 
a like transcript upon payment of seven cents a hundred 
words for each copy so furnished. In case the presiding 
judge requires a transcript as aforesaid said stenographer 
shall be entitled to payment therefor at the same rate, and 
said judge shall order the expense thereof to be paid 
equally by the parties to the action, and may enforce pay- 
ment thereof, and the amount so paid may be recovered 
as costs by the prevailing party. 
May be removed Section 3. Said stcnographers may be removed from 

irom oflice bv 

the judges. officc by the judges of said court or a majority of them ; 
and in case of such removal, or of the death, resignation 
or inability of any such stenographer to discharge the 
duties of his office said court may appoint a successor in his 
stead ; and in case of the sickness or temporary ab_sence 
of such stenographer the presiding judge may appoint a 
competent person to act during such sickness or temporary 
absence. 

May be appoint. SECTION 4. The samc pcrsou may bc appointed stcuog- 

ed for more than /.t n i i 

one county, and raohcr of Said court for more than one county ; and no 

not debarred by' ihit-i ti c f 'a. 

reason of sex. pci'sou shall bc debarred by reason oi sex from appoint- 
ment as stenographer under this act. 
Examination Section 5. Duriug the trial of a case at which the 

not to be inter- ■^^ ^ 53 ..„. 

rupted, except, stcuographcr is present, the examination of witnesses shall 
not be interrupted for the purpose of having notes of their 
testimony taken except by such stenographer. 

oct^^i^'lss^'"'^ Section 6. This act shall take effect upon the first day 
of October, eighteen hundred and eighty-five. 

Approved June 5, ISSo. 



1885. — Chapters 292, 293, 294. 733 

An Act in relation to the licensing of dogs. Chap.2^2 

Be it enacted, etc., as follows. • 

Any owner or keeper of a dop^ not duly licensed which Licensing of 
becomes three months old after the thirtieth day of April 
in any year shall whenever it is three months old cause 
it to be registered, numbered, described and licensed until 
the first day of the ensuing May as provided in section 
eighty of chapter one hundred and two of the Public Stat- 
utes, and shall cause it to wear around its neck a collar 
distinctly marked with its owner's name and its registered 
number. Approved Jane 5, 1885. 

An Act in relation to the partition of lands by probate (7/^^1^.293 

COURTS. 

Be it enacted., etc., as follows: 

Section 1. Probate courts on a petition for the parti- Partition of 

liiDClS DV Dl'O- 

tion of lands, instead of assigning to each owner his share batecouns. 
therein, as now required by statute, may set off and assign 
to the petitioner or petitioners his or their share or shares, 
and the residue of the premises shall remain for the person 
or persons entitled thereto, and subject, if more than one 
person is so entitled, to a future partition. 

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

Apinoved June 5, 1885. 



Cha2J.2U 



An Act to furnish the town of beverly with water, and to 

increase the supply thereof. 
Be it enacted., etc., as follows: 

Section 1. The town of Beverly may supply itself f^^'g^^V^^PP'y 
and its inhabitants with water for the extinguishment of 
fires and for domestic and other purposes; may estabUsh 
fountains and hydrants, re-locate or discontinue the same ; 
may regulate the use of such water and fix and collect 
rates to be paid for the use of the same. 



Section 2. The said town for the purposes aforesaid, i^a^rsTron 



take 



and for the purposes of obtaining a more convenient sup- wenham pond. 
ply of water, may draw and convey directly from Wenham 
Pond, so called, in the towns of Wenham and Beverly, so 
much of the waters thereof and of the waters which flow 
into and from the same as it may require, and, except as 
hereinafter provided, may take by purchase or otherwise May take landB, 
and hold any lands, rights of way or easements necessary ^^'^' 
for holding and preserving such water and for conveying 



734 



1885. — Chapter 294. 



May erect dams 
ana other struc- 
tures. 



May lay down 
conduits and 
pipes. 



May dig up 
lanUs. 



To cause to be 
recorded in 
registry of deeds 
a uescription of 
laud, etc., taken. 



Liability for 
damages. 



Beverly W 
Loan. 



the same to any part of said town of Beverly ; and may 
erect on the land thus taken or held proper dams, build- 
ings, fixtures and other structures ; and may make excava- 
tions, 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, except as hereinafter provided, may 
construct and lay down conduits, pipes and other works, 
under or over any lands, public works, water courses, 
railroads, or public or private ways, and along any such 
way in such manner as not unnecessarily to obstruct the 
same ; and for the purpose of constructing, maintaining 
and repairing such conduits, pipes and other works and 
for all proper purposes of this act said town may dig up 
any such lands, and, under the direction of the board of 
sehictmen 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 town shall within sixty days 
after the taking of any lands, rights of way or easements 
as aforesaid, otherwise than by purchase, file or cause to 
be recorded in the registry of deeds for the county and 
district 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 selectmen of the town. 

Section 4. The said town shall pay all damages sus- 
tained by any person or corporation in property by the 
taking of any land, right of way or easement, or by any 
other thing done by said town under the authority of this 
act. 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 provided 
by law when land is taken for the laying out of highwa3'S, 
on application at any time within the period of three 
years from the taking of such land or other property or 
the doing of other injury under the authority of this act; 
but no such application shall be made after the expiration 
of said three years. 

Section 5. The said town may, for the purpose of 
paying the necessary expenses and liabilities incurred un- 
der the provisions of this act, issue from time to time 



1885. — Chapter 294. V35 

bonds, notes or scrip to an amount not exceedino^ in the Bonds not to 

' i o exceed $150 000. 

aggregate one hundred and fifty thousand dollars ; such 
bonds, notes and scrip shall bear on their face the words 
" Beverly Water Loan ; " shall be payable at the expira- 
tion of periods not exceeding thirty years from the date 
of issue ; shall bear interest payable semi-annually at a 
rate not exceedino: six per centum per annum, and shall 
be signed by the treasurer and be countersigned by the 
selectmen of the town. The said town may sell such 
securities at public or private sale, or pledge the same 
for money borrowed for the purposes of this act, upon 
such terms and conditions as it may deem proper. The 
said town shall provide at the time of contracting said oL^esuluBh,^!" 
loan for the establishment of a sinking fund, and shall 
annually contribute to such fund a sum sufficient with the 
accumulations thereof to pay the principal of said loan at 
maturity. The said sinking fund shall remain inviolate 
and pledged to the payment of said loan and shall be 
used for no other purpose. 

Section 6. The said town instead of establishing a May make an- 
sinkiug fund may, at the time of authorizing said loan, tic. ate pay 
provide tor the payment thereot in such annual propor- eBtabiishmg 
tionate payments as will extinguish the same within the Biufeingtuud. 
time prescribed in this act; and when such vote has 
been passed the amount required thereby shall without 
further vote be assessed by the assessors of said town in 
each year thereafter, until the debt incurred by said loan 
shall be extinguished, in the same manner as other taxes 
are assessed under the provisions of section thirty-four of 
chapter eleven of the Public Statutes. 

Section 7. The return required by section ninety-one Return to state 

r \ 1 r t r% \ •• c~\ ill I umount 01 tuud, 

of chapter eleven oi the Jrublic Statutes shall state the etc. 
amount of any sinking fund established under this act 
and if none is established whether action has been taken 
in accordance with the provisions of the preceding 
section, and the amounts raised and applied thereunder 
for the current year. 

Section 8. The said town shall raise annually by To raise by tax. 

. . 1 • 1 • 1 ^ 1 • 1 • 1 i> xi ation sutticient 

taxation a sum which, with the income derived trom the to pay current 
water rates, will be sufficient to pay the current annual I'uteresr''" 
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. 



736 1885. — Chapter 294. 

Penalty for wii. Section 9. Whoevcr wilfully or wantonly corrupts, 

fully corrupting «^ /»i t 

or (livening wa- poliutes or cliverts any of the waters oi the source drawn 
from, or "any of the waters 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 pur- 
pose 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 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. 
m^n^aymem* JSection 10. Thc Said town shall, upon completion of 
to the city of its couduits, watcr pipcs and other works herein author- 

Salem. . ^ ' -itii 1 !• 

ized, or as soon as it shall have begun to supply its 
inhabitants with water independent of the works of the 
city of Salem, on demand thereof pay to the said city 
one-third of the expense heretofore sustained by said city 
on account of the payment of damages and costs for 
land, water rights and easements purchased or taken for 
the purposes of securing a sufficient supply of water at 
said pond and preserving the purity thereof; and there- 
after so long as both said city and said town shall take 
water from said pond, said town shall annually pay to 
said city one-third of the expenses which said city shall 
reasonably incur, or shall incur as provided in sections 
twelve and thirteen of this act, in consequence of the 
request of said town in securing and preserving the pur- 
ity of the waters of said pond, whether said expense 
shall be for damages on account of the taking of land or 
for damages on account of flowage, or incurred by reason 
of any other thing done for the purposes aforesaid. 
And upon the payment by said town to said city of the 
said one-third of the expenses, damages and costs of the 
lands, water rights or easements heretofore taken or that 
may be hereafter purchased or taken as aforesaid, said 
city shall execute and record a declaration of trust in or 
concerning said lands, water rights and easements, declar- 
ing that one undivided third part of the same is held in 
trust for said town, and that said town is entitled to the 
beneticial enjoyment of said one undivided third part 
thereof. 
Not to take land, SECTION 11. Thc Said town shall not take any land, 

etc., winch have i • i i i i i 

been taken by rights of Way or eascmcnts which have been taken by 
purchase or otherwise by the said city under authority of 



1885. — Chapter 294. 737 

chapter two hunclred and sixty-eight of the acts of the 
year eighteen hundred and sixty-four or of any act 
amendatory thereof or in addition thereto, nor interfere 
with any water works which have been or may be here- 
after constructed or may be in process of construction by 
said city under said authority: provided, that said town Town may lay 

IT... ,. • 1 ., main through 

may lay and maintain a water pipe or main and construct land taken by 
the works necessary therefor to said pond through any '^''y* 
part of hind so taken by said city, but not within twenty 
rods of the conduit leading from the engine house of 
said city to said pond, on the southwesterly side of said 
conduit, nor within six rods of said conduit on the north- 
westerly side thereof, nor along any portion of the road- 
way constructed by said city leading to said pond. And 
said town may draw from said pond such water as it may 
require without paying or in any way compensating said 
city therefor ; but if for any reason the supply of water 
in said pond is insufficient to supply the needs of said 
city and its inhabitants and of said town and its inhabi- 
tants then upon request of said city the said town shall 
provide at its own expense some reliable means or meth- 
ods of measurins: and registering the amount of water 
thereafter taken by it from said pond, similar to a like 
method to be provided by said city at its own expense, 
to ascertain the amount of water taken by it from said 
pond ; and thereafter, so long as the supply remains in- 
sufficient as aforesaid, said town shall take from said 
pond only so much water as shall bear the same propor- 
tion to the water taken by said city from said pond as 
the number of inhabitants of said town bears to the 
number of the inhabitants of said city ; and the register of 
the amount of water taken by either party shall at all 
times be open to the inspection of the other. 

Section 12. Said town shall not, under the authority Town not to 
granted by section two, take any land within three rods Jhrlerods^of^'" 
of the shore of said pond, nor enter upon or in any way ^i^oreof pond. 
interfere with any land except as expressly provided in 
section eleveuj nor shall it take any water or water rights, 
or interfere with the water of said pond or any waters 
flowing into the same, except as herein before expressly 
provided. In case said town shall deem it necessary or 
expedient, for the purpose of securing a sufficient supply 
of water at said pond and preserving the purity thereof, 
that more of the land around the margin of said pond or 



738 



1885. — Chapter 294. 



In case of dis- 
agreement be- 
tween Beverly 
and Salem, 
commiseioners 
to be appointed. 



When works 
are completed, 
authority to 
connect pipes 
with Salem wa- 
ter works to 
cease. 



Hydrants may 
continue for tire 
purposes. 



any further water rights or easements which said town is 
not authorized to take should be taken, or that any dam 
should be erected or altered or any other proper thing 
done for the purposes aforesaid, said town may request 
said city to take any such land, water rights or ease- 
ments, or to do any such acts ; and in case said city shall 
take any such land, water rights or easements, or shall 
erect or construct any work in accordance with such re- 
quest, said city shall hold the same in the same manner 
as is herein provided. 

Section 13. In case said city fails to comply with 
any request made by said town as provided in section 
twelve and said town insists upon said request being com- 
plied with, then the matter in controversy shall be deter- 
mined by three commissioners to be appointed by the 
superior court in the county of Essex, upon application 
of either said city or town and notice to the other, whose 
award when accepted by said court shall ba binding upon 
all parties. And in case that said award shall be that 
said city shall do anything requested of it by said town 
as provided in section twelve, said city shall forthwith 
comply with the same. 

Section 14. When said town shall have completed its 
water works and is fully prepared to supply itself and its 
inhabitants with water independently of the works of 
said city, the authority given to said town by chapter two 
hundred and sixty-eight of the acts of the year eighteen 
hundred and sixty-four, and by chapter three hundred 
and eighty of the acts of the year eighteen hundred and 
sixty-nine, and also by sections two and three of chapter 
one hundred and fortj'-three of the acts of the year eight- 
een hundred and seventy-seven, to connect its water pipes 
with those of said city and to continue connection there- 
with and thus supply its inhabitants with water, as well 
as any other authority given to said town in and by said 
acts, shall cease, except the right to maintain hj'drants 
for fire purposes as now existing, which shall only be 
opened and used by said town in case of exigency and 
with the consent in each case of the mayor or chief engi- 
neer of the tire department of said city ; and said con- 
nection shall be discontinued at the expense of said town, 
unless any connection be maintained by mutual agree- 
ment, under the supervision of the superintendents of 
the water works of said city and said town, who shall 



other cities or 
towns. 



1885. — Chapter 295. 739 

also determine the means of measuring the water in case 
the supply is inadequate as aforesaid. And if in any ifsuperintend- 
case said superintendents fail to agree either of them may theVgin^eeTof 
apply to the engineer of the Boston water works, who, works'Vrdeter- 
having notified and heard the parties, shall determine the mine the matter. 
matters of difference, giving notice to both parties of his 
decision which shall be binding on both parties ; and he 
shall assess all his reasonable expenses and charges upon 
said city or said town as he shall deem equitable. 

Section 15. The said town in carrying out the pur- Town may 
poses of this act may make such contracts, leases or etc., to con- 
agreements as it may deem expedient, with such person age"wo''rks."'™" 
or persons as it may deem proper, to construct, maintain, 
operate and manage the water works herein before pro- 
vided for. 

Section 16. Neither said city nor said town shall sell elpp^LrtV '"'^ 
or supply any water taken from said pond to any other 
city, town, water company or aqueduct corporation ; nor 
allow any such water to be used beyond the limits of said 
city or said town. 

Section 17. This act shall take effect upon its pas- subject to ac 

• 1 1 T 1 /• ceptance by a 

sage ; but shall become void unless accepted by a vote ot two thirds vote. 
two- thirds of the voters present and voting thereon at a 
legal town meeting called and held for that purpose with- 
in two years from its passage ; and unless said town has 
begun to supply its inhabitants with water through the 
works herein before provided for independently of said 
city as herein before provided, within five years from the 
passage of this act. Approved June 5, 1885. 

An Act to authorize the city of salem to construct, lay and OJir/^j 29nJ 

MAINTAIN A NEW WATER MAIN. 

Be it enacted, etc., asfollotvs: 

Section 1. The city of Salem, for the purpose of fS a'TeV""' 
more conveniently supplying itself and its inhabitants water main. 
with water, is hereby authorized to construct, lay and 
maintain a main water pipe commencing at the reservoir 
now used by said city near Wenham pond in the town of 
Beverly, thence following the natural valley and crossing 
the tide waters known as the Essex Branch, thence to 
Liberty Hill road in said Salem, thence through and along 
said road and North street to a point of junction with the 
water pipes of said city already laid therein. 



740 



1885. — Chapter 295. 



May take land, 
etc. 



May lay down 
pipe under or 
over water 
courses, land)>, 
etc. 



To record in 
registry of 
deeds a descrip- 
tion of land, 
etc., taken. 



Liability for 
damages. 



Section 2. The said city for the purposes aforesaid 
may take, by purchase or otherwise, and hold such lands-, 
flats, rights of way, water rights or easements, as may be 
necessary or convenient for constructing, laying and main- 
taining such main water pipe ; and may construct and lay 
down such water pipe and other necessary works under 
or over any lands, water courses, railroads, or public or 
private ways, and along any such way, in such manner as 
not unnecessarily to obstruct the same : and for the pur- 
pose of constructing, maintaining and repairing such 
water pipe and other works, and for all proper purposes 
of this act, said city 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. The said water 
pipe may be laid in or under the tide waters of said Es- 
sex branch in any convenient manner, under the direction 
and sul)ject to the supervision of the board cf harbor and 
land commissioners. 

Section 3. The said city shall, within sixty days 
after the taking of any lands, flats, rights of way, water 
rights or easements as aforesaid, otherwise than by pur- 
chase, file and cause to be recorded, in the registry of 
deeds for the county and district within which such lands 
or other property is situated, a description thereof suffi- 
ciently accurate for identification, with a statement of the 
purpose for which the same were taken, signed by the 
mayor of said city. 

Section 4. The said city shall pay all damages sus- 
tained by any person or corporation in property by the 
taking of any land, flat, right of way, water right or 
easement, or by any other thing done by said city under 
the authority of this act. Any person or corporation 
sustaining damages as aforesaid under this act, who fails 
to agree with said city as to the amount of damages sus- 
tained, may have the damages assessed and determined in 
the manner provided by law when land is taken for the 
laying out of highways, on application at any time within 
the period of three years from the taking of such land or 
other property, or the doing of other injury, under the 
authority of this act ; but no such application shall be 
made after the expiration of said three years. 



1885. — Chapter 295. 741 

Section 5. The said city may, for the purpose of cuy of saiem 

'' 1 T 1 -i-i- • J Water Loan of 

payino- the necessary expenses and liabuities incurred iss.j, not to ex- 

T .1 • • c i.1 • i. • f 4.-™ + 4-:^^ ceed 8150,000. 

under the provisions oi this act, issue irom time to time 
bonds, notes or scrip, to an amount not exceeding in the 
aggregate one hundred and fifty thousand dollars ; such 
bonds, notes and scrip shall bear on their face the words 
"City of Salem Water Loan, Act of 1885" ; shall be 
payable at the expiration of periods not exceeding thirty 
years from the date of issue ; shall bear interest payable 
semi-annually, at a rate not exceeding six per centum per 
annum, and shall be signed by the treasurer and be coun- 
tersigned by the mayor of said city. The said city may 
sell such securities at public or private sale, or pledge the 
same for money borrowed for the purposes of this act, 
upon such terms and conditions as it may deem proper. 
The said city shall provide, at the time of contracting said 
loan, for the establishment of a sinking fund, and shall an- ^e°eg°abiished*° 
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 6. The said city instead of establishing a May make an- 
sinking fund, may, at the time of authorizing said loan, atTpayme^nu'in- 
provide for the payment thereof in such annual propor- as^hfogfund.*'' 
tionate payments as will extinguish the same within the 
time prescribed in this act ; and Avhen such vote has been 
passed, the amount required thereby shall, without fur- 
ther vote, be assessed by the assessors of said city in 
each year thereafter until the debt incurred by said loan 
shall be extinguished, in the same manner as other taxes 
are assessed under the provisions of section thirty-four of 
chapter eleven of the Public Statutes. 

Section 7. The return required by section ninety-one Return required 
of chapter eleven of the Public Statutes shall state the o°f sinking fund, 
amount of any sinking fund established under this act, *'°' 
and if none is established whether action has been taken 
in accordance with the provisions of the preceding sec- 
tion, and the amounts raised and applied thereunder for 
the current year. 

Section 8. The said city shall raise annually by tax- To raise by 

,. I'l 'A^ ,\ • -\ • •\ c i.1 taxation snffi- 

ation a sum which, with the income derived trom the dent for cur- 
water rates, will be sufficient to pay the current annual and'in^ereTt!^ 
expenses of operating its water works, and the interest 



742 



1885. — Chapter 296. 



Town of Bever- 
ly not to con- 
nect with pipe 
autliorized by 
this act. 



Water supply 
for Belmont. 



as it accrues on the bonds, notes and scrip issued as 
aforesaid by said city and to make such contributions to 
the sinking fund and payments on the principal as may 
be required under the provisions of this act. 

Section 9. The town of Beverly shall not make any 
connection with, or draw any water from, any water pipe 
laid by said city under authority of this act ; and any 
authority heretofore granted to said town for such pur- 
pose shall not apply to the water pipe authorized to be 
laid by this act. 

Section 10. This act shall take effect upon its pas- 
sage. Approved June 5, 1885. 

Chcin.2QQ -^^ Act to supply the town of belmont and its inhabitants 

WITH water. 

Be it enacted, etc., asfolloivs: 

Section 1. The town of Belmont may supply itself 
and its inhabitants with water for the extinguishment of 
fires and for domestic and other purposes ; may establish 
fountains and hydrants, re-locate or discontinue the same ; 
may regulate the use of such water, and fix and collect 
rates to be paid for the use of the same. 

Section 2. The said town, for the purposes aforesaid, 
may take, by purchase or otherwise, and hold the waters 
of any pond, stream or spring within the limits of said 
town, and the water rights connected therewith, and may 
hold any water procured from any other source under the 
authority of this act ; and may take, by purchase or 
otherwise, and hold 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 on the land thus taken or held proper 
dams, buildings, fixtures and other structures; and may 
make excavations, procure and operate machinery, and 
provide such other means and appliances as may be neces- 
sary for the establishment and maintenance of complete 
and 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 unneces- 
sarily to obstruct the same ; and for the purpose of con- 
structing, maintaining and repairing such conduits, pipes 
and other works, and for all proper purposes of this act, 
said town may dig up any such lands, and, under the 



Town may take 
water from any 
pond, etc., with- 
in its limitH. 



May construct 
and lay down 
conduiis. 



May dig up 
lands. 



1885. — Chaptee 296. 743 

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 hin- 
drance to public travel on such ways. 

Section 3. The said town shall, within sixty days to cause to be 

r^corQcd in 

after the taking^ of any lands, rights of way, water rights, registry of 

. ^ , j» 'lii -ii dee lie a deecrip. 

water sources or easements as atoresaid, otberwise tuan tion of land, 
by purchase, file and cause to be recorded, in the registry ^tc, taken. 
of deeds for the county and district within which such 
lands or other property is situated, a description thereof 
sufficiently accurate for identification, with a statement of 
the purpose for which the same were taken, signed by the 
water commissioners hereinafter provided for. 

Section 4. The said town shall pay all damages sus- ^^'^^^j^y ^'"" 
tained 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 town under the authority of this act. 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 provided by law when land is 
taken for the laying out of highways, on application at 
any time within the period of three years from the taking 
of such land or other property, or the doing of other injury, 
under the authority of this act ; but no such application 
shall be made after the expiration of said three years. 
No application for assessment of damages shall be made ^^^JP^^^^gno/^J 
for the taking of any water, water right, or for any injury bemadeumii 

,, ^ ^•?^i i. • . n -iU 1 T 4- 1 water i8 actually 

thereto, until the water is actually withdrawn or diverted diverted. 
by said town under the authority of this act. 

Section 5. The said town may, for the purpose of LolTnot^'^ex^ 
paying the necessary expenses and liabilities incurred ceed $i5c,ooo. 
under the provisions of this act, issue, from time to time, 
bonds, notes or scrip, to an amount not exceeding in the 
aggregate one hundred and fifty thousand dollars ; such 
bonds, notes and scrip shall l)ear on their face the words 
*' Belmont Water Loan"; shall be payable at the expira- 
tion of periods not exceeding thirty years from the date 
of issue ; shall bear interest payable semi-annually, at a 
rate not exceeding six per centum per annum, and shall 
be signed by the treasurer of the town, and be counter- 
signed by the water commissioners hereinafter provided 
for. The said town may sell such securities at public or 



744 1885. — Chapter 29G. 

private sale, or pledge the same for money borrowed for 
the purposes of this act, upon such terms and conditions 
Sinking fund to as it may deem proper. The said town shall provide, at 
be established, ^j^^ ^j^^^^ ^^ Contracting said loan, for the establishment 
of a sinking fund, and shall annually contribute to such 
fund a sum sufficient, with the accumulations thereof, to 
pay the principal of said loan at maturity. The said sink- 
ing fund shall remain inviolate and pledged to the payment 
of said loan, and shall be used for no other purpose. 
May make an- Section 6. The Said towu, instead of establishing a 

nual proper- .i- ri axi j.- c ii •• -Jl 

tionatepay- suikuig tund, may, at the time ot authorizing said loan, 
l^/estabiiswng providc for the payment thereof in such annual propor- 
einkingfund. tiyi^j^te payiiieuts as will extinguish the same within the 
time prescribed in this act ; and when such vote has been 
passed, the amount required thereby shall, without further 
vote, be assessed by the assessors of said tov/n in each year 
thereafter until the debt incurred by said loan shall be 
extinguished, in the same manner as other taxes are as- 
sessed under the provisions of section thirty-four of chap- 
ter eleven of the Public Statutes. 
Return required Section 7. The rctum required by section ninety-one 
of fund, etc. of chapter eleven of the Public Statutes shall state the 
amount of any sinking fund established under this act, 
and if none is established, whether action has been taken 
in accordance with the provisions of the preceding section, 
and the amounts raised and applied thereunder for the 
current year. 
To raise by Section 8. The Said town shall raise annually, by 

dent for Interest taxatioH, a sum whlch, with the income derived from the 
penses."""' ^^ watcr ratcs, will be sufficient to pay the current annual 
expenses of operating its water works, and the interest as 
it accrues on the bonds, notes and scrip issued as afore- 
said by said town, and to make such contributions to the 
sinking fund and payments on the principal as may be 
required under the provision of this act. 
Penalty for cor- SECTION 9. Whocvcr wilfully or wautouly corrupts, 

ruptinjf or di- *' iiii 

verting water. poIlutcs or divcrts any 01 the waters taken or held under 
this act, or injures any structure, work or other property 
owned, held or used by said town under the authority 
and for the purposes of this act, shall forfeit and pay to 
said town three times the amount of damages assessed 
therefor, to be recovered in an action of tort ; and upon 
conviction of either of the above wilful or wanton acts 
shall be punished by a fine not exceeding three hundred 
dollars, or by imprisoumeUt not exceeding one year. 



1885. — Chapter 296. 745 

Section 10. The said town shall, after its acceptance Board of water 
of this act, in case it decides to supply itself and its in- to be elected. 
habitants with water, and to construct its own water works, 
or to purchase the franchise and property of the Water- 
town Water Supply Company in said town, as herein 
provided, 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 
its vote; the said commissioners shall be trustees of the To be trustees 
sinking fund herein provided for, and a majority of said 
commissioners shall constitute a quorum for the transac- 
tion of business relative both to the water works and to 
the sinking fund. Any vacancy occurring in said board vacancies. 
from any cause may be filled for the remainder of the 
unexpired term by said town at any legal town meeting 
called for the purpose. 

Section 11. The Watertown Water Supply Company Jj'^^JJ''^ ^^t^e 
is authorized to furnish from its water supply to the said watertown 
town a supply of water for the use of said town and its company.'by^ 
inhabitants, for the extinguishment of fires and for domes- '=<>"**'*'='• 
tic and other purposes, and may contract with said town 
for such supply of water, on such terms as may be agreed 
upon between said company and said town ; or may fur- 
nish water for the purposes aforesaid to an}^ inhabitants 
of said town ; or said town may procure a supply of water 
for the purposes aforesaid from the city of Cambridge ; 
but in no case without the consent of a majority of the 
selectmen of said town, ratified by a majority of its voters 
present and voting thereon at a legal town meeting called 
for that purpose. 

Section 12. In case the said town shall contract with incaseofcon- 

. T J. 1 ^ j_ . /I • T *'■"'='• company 

said company tor a supply of water, or m case the said may dig up 

. lands etc 

town shall grant permission to said company to furnish 
water to the inhabitants of said town as provided in section 
eleven, the said company may, under the direction of the 



746 



1885. — Chapter 296. 



Town may pur 
chase conduits, 
pipes, etc. 



Subject to as- 
sent by a two- 
thirds vote. 



Provisions of 
1884, 251, §§ 3, 
4, 8, to apply. 



Subject to ac- 
ceptance by a 
two-thirds vote. 



selectmen of said town, enter upon and dig up any public 
or private ways, in such manner as not unnecessarily to 
obstruct such ways, for the purpose of constructing, main- 
taining and repairing its conduits, pipes and other works 
in said town, may establish and collect water rates, and 
may do any other acts and things that may be necessary 
for the proper carrying out of the purposes of this act : 
j)rovided, that the said town may construct its own con- 
duits, pipes and other works, and do all other things neces- 
sary for the purposes of this act, as herein prescribed. 

Section 13. In case the said company shall construct 
conduits, pipes and other works in said town, as pro- 
vided in section twelve, the said town shall have the right 
at any time to purchase the conduits, pipes and other 
works of said company in said town, at the then actual 
value of the same, and the right to receive water through 
the same, at a price which may be mutually agreed upon 
between said company and said town ; and the said com- 
pany is authorized to make sale of the same to said town. 
In case the said company and said town are unable to 
agree, then the compensation to be paid shall be deter- 
mined by three commissioners to be appointed by the 
supreme judicial court, upon application of either party 
and notice to the other, whose award, when accepted by 
said court, shall be binding upon all parties. This 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 of said town, present 
and voting thereon at a legal town meeting called for that 
purpose. 

Section 14. The provisions of sections three, four 
and eight of chapter two hundred and fifty-one of the 
acts of the year eighteen hundred and eighty-four shall 
apply to all acts and things done by the said Watertown 
Water Supply Company under the authority of this act. 

Section 15. This act shall take etfect upon its accept- 
ance by a two-thirds vote of the voters of said town, 
present and voting thereon at a legal town meeting called 
for the purpose, within three years from its passage ; but 
the number of meetings so called in any year shall not 
exceed three. Approved June 5, 1885. 



1885. — Chapter 297. 747 

An Act to promote the consolidation of the troy and green- /^7,^^j 907 
field railroad and certain other railroads. "^ 

Be it enacted, etc., as folloivs: 

Section 1. Any twenty-five or more persons, of whom New corpora- 
not less than three-fourths shall be inhabitants of Massa- fo°rm™d!^ '* 
chusetts, may associate themselves together by articles in 
writing with the intention of forming a corporation under 
the provisions of chapter one hundred and twelve of the 
Public Statutes, for the purpose of constructing, acquir- 
ing by purchase, and only when constructed or purchased, 
of operating, a direct and continuous line of railroad of 
the ordinary gauge from Boston, Somerville or Cambridge 
to a point on the boundary of the Commonwealth, in the 
town of Williamstown, with suitable terminal facilities ; 
and when the governor with the advice and consent of the 
council being satisfied that the objects of this act will 
thereby be promoted, shall certify in writing his approval 
of the association,' thereupon said associates and success- 
ors shall become and remain a corporation, with all the 
rights, powers and privileges and subject to all the duties, 
liabilities, limitations and restrictions which now are or 
shall hereafter be applicable by general laws to railroad 
corporations, except where special provisions otherwise 
are made herein ; and such corporation shall organize and 
file with the secretary of the Commonwealth the certifi- 
cate required by said chapter >vithin three mouths from 
the passage of this act ; and no payment on account of 
capital stock or fixing of location shall be required before 
filing such certificate. 

Section 2. Any such corporation may from time to Amount of capi- 
time determine the amount of its capital stock, which '^i stock. 
however shall not exceed the amount in the whole of one 
hundred thousand dollars per mile for each mile of com- 
pleted double-track road, and seventy thousand dollars 
for each mile of such single-track road, and in addition 
the amount represented by and allowed by the board of 
railroad commissioners for terminal facilities, not exceed- 
ing three million dollars. Such portion of the capital 
stock as the corporation may decide may be issued as 
preferred stock, entitled to receive dividends upon such preferred stock . 
terms of entire or partial preference as the corporation 
may determine; and if preferred stock be issued, the 
whole or any part of the common stock may be issued 
with a restriction, to be expressed in the certificates 
thereof, limiting the right of the holder to vote thereon. 



748 



1885. — Chapter 297. 



b^oYds^^s^ecured SECTION 3. Such corporatioii may from time to time 

by mortgage, issue boiicls, payable at the expiration of periods not 
exceeding fifty years from the date of issue, at a rate of 
interest not exceeding five per cent, per annum, payable 
semi-annually, to an amount not exceeding the amount of 
its stock issued, which bonds shall be secured by a mort- 
gage of the entire road, property and franchises of the 
corporation then or thereafter to be acquired. The mort- 
gage shall be made to three trustees to be approved by 
the governor and council, of whom two at least shall at 
all times be residents of this Commonwealth. Such 
mortgage shall be made expressly subject to the encum- 
brance of any legally authorized mortgage, already exist- 
ing, of any part of the property acquired by such 

Issue of bonds. Corporation ; and there shall be issued to the said trustees 
from time to time, bonds of an amount equal to the 
amount of the bonds and mortgage notes outstanding 
which are a lien upon any such property or franchises 
when acquired, to be reserved in the keeping of said 
trustees until the discharge of such lien, or turned over 
to the holders in discharge thereof. There shall also be 
issued to said trustees, bonds of an amount equal to the 
amount of the outstanding unsecured debts of each of the 
existing corporations whose entire road shall be acquired 
by the corporation authorized by this act, or which shall 
become consolidated with it under its provisions, to be 
reserved in the keeping of said trustees for the security 
of the holders of such debts until their discharge, or to 
be turned over to such holders in discharge thereof; and 
if suitable provisions to secure such reservation and dis- 
position of such bonds shall be embraced in such mort- 
gage, it shall be deemed a sufficient compliance with 
section sixty-four of chapter one hundred and tw^elve of 
the Public Statutes. But no stock or bonds shall be 
issued except in consideration of the transfer or consoli- 
dation of railroads which shall make a continuous and 
direct line of railroad, as described in the first section of 
this act, until after such transfer or consolidation shall 
have been effected. 

Corporation SECTION 4. Such corporatiou may purchase from any 

may purchase -it ,' i -ii'ii 

whole or part of railroad corporation or company whose railroad will, 
when acquired by such corporation, form either in whole 
or in part a part of such a line as is described in said first 
section, the whole or any part of its railroad, property, 



certain rail 
roads. 



1885. — Chapter 297. 749 

equipment and franchises, or, after it has purchased a 
part of such a line, may unite and consolidate such prop- 
erty with the road, property and franchises, or a part 
thereof, of any other railroad company whose road will 
when acquired form, in whole or in part, a part of such a 
line of railroad, under such name as may be agreed upon, 
and issue its stock and bonds in payment therefor. The 
construction by such corporation of any part of its line 
on a new location and the completion of a line already 
located but not constructed shall be subject to the pro- 
visions of the Public Statutes regulating the location and 
construction of steam railroads. 

Section 5. Any one or more of the following named corporations 
corporations, whose railroads will, with the Troy and unite, etc. 
Greenfield Railroad, form a line of railroad such as is 
described in said first section, viz., the Fitchburg Rail- 
road Company, the Boston and Lowell Railroad Corpora- 
tion, the Central Massachusetts Railroad Company, the 
Vermont and Massachusetts Railroad Company, the New 
Haven and Northampton Company, may sell the whole 
or any part of its road, equipment, property and franchises 
suitable for such purpose to any such corporation herein 
before authorized to be formed by this act, or may unite 
and consolidate its road and property with such corpora- 
tion, or with the property known as the Troy and Green- 
field Railroad and Hoosac Tunnel, and stock and bonds 
may be issued as provided and limited in the second and 
third sections of this act, and accepted in consideration 
thereof; but such sale or consolidation shall be conditional 
only, and shall not transfer any title or right of posses- 
sion until a consolidation of said Troy and Greenfield 
Railroad and Hoosac Tunnel with such corporation or cor- 
porations shall have been effected as hereinafter authorized, 
and shall be void and of no effect unless such consolidation 
with the Troy and Greenfield Railroad and Hoosac Tun- 
nel shall be made within three years. 

Section 6. The governor and council may agree upon Governor and 

Ti7- r ^^ •! 1 7^ • council may 

a union or consolidation of the railroad, property, equip- agree upon 
ment and franchise to use the same as a railroad, known "oiwat'ion"'"" 
as the Troy and Greenfield Railroad and Hoosac Tunnel, 
with all the easements and appurtenances therewith con- 
nected (but not including the Southern Vermont Rail- 
road), with any railroad corporation which has acquired 
as herein before provided, or is in lawful possession and 



750 1885. — Chapter 297. 

control of a continuous line of railroad, in the condition 
in which said railroad now is or may be at the time of 
acquisition, from an eastern terminus in Boston, Somer- 
ville or Cambridge, to a connection with the Troy and 
Greenfield Kailroad, subject in all cases to the rights of 
other connecting railroads under existing leases, and accept 
stock and bonds of such railroad corporation in considera- 
tion therefor. The governor is hereby authorized and 
requested with the approval of the council to execute 
and deliver suitable instruments of assignment or agree- 
ment to effect this purpose. Upon completion of such 
consolidation of properties and franchises, the corpora- 
tions so united shall become and remain one corporation, 
with all the rights, powers and privileges and subject to 
all the obligations, duties, limitations and restrictions of 
such corporations under all general statutes of the Com- 
monwealth applicable thereto as modified by this act, and 
said corporation may issue stock and bonds as herein be- 
Name of con- forc provldcd aud limited. Said consolidated corporation 
porauo'if. ''°'^' i^i^y fidopt as its corporate name the name of any existing 
railroad corporation which shall unite with or form a part 
of said consolidated corporation, or any other name not 
used by a railroad corporation in the Commonwealth. 
Troy and Green- Any sccuritics rcccived by the Commonwealth under the 
Loan Sinking provisious of this act shall be added to and become part 
of the Troy and Greenfield Railroad Loan Sinking Fund 
established by the two hundred and twenty-sixth chapter 
of the acts of eighteen hundred and fifty-four. 
Terminal faciii SECTION 7. After a consoHdatiou has taken place, as 
provided in section six of this act, said consolidated cor- 
poration may acquire by purchase or lease from any per- 
son or corporation such additional terminal facilities as 
may be judged necessary or desirable for the use of its 
road, and issue stock and bonds therefor as provided in 
sections two and three of this act, and any of the rail- 
roads named in section five of this act, whose property 
has not been sold to or united in said consolidation as 
herein before provided, may sell its road, property and 
franchises, or any part thereof, to or consolidate them with 
said consolidated corporation and accept its stock and 
bonds in consideration therefor. 
genlral^statutes SECTION 8. The provislons of all general statutes with 
with regard to regard to the rig-hts of connecting railroads shall aj^ply to 

rights of con- 9 ..-i^.i i i • ^'^•'. 

nectingraii- said Consolidated railroad, and any corporation operating 
roa 8 8 a ap ^^ railroad now or hereafter connecting with the Troy and 



1885. — Chapter 297. 751 

Greenfield Railroad and Hoosac Tunnel shall have its 
traffic, both passenger and freight, transported over said 
Troy and Greenfield Railroad and Hoosac Tunnel at all 
reasonable times in such manner as to a£ford reasonable 
facilities for receiving and delivering passengers to and 
from each of the other railroads now or hereafter connect- 
ing as aforesaid and said Troy and Greenfield Railroad, 
and provided with terminal facilities, without discrimina- 
tion in any respect as compared with that of the corpora- 
tion owning said Troy and Greenfield Railroad and Hoosac 
Tunnel, at a fair charge based upon the average cost per 
mile of transportation thereon and the cost of other ser- 
vice rendered. In fixing such charge, after establishing 
the average cost per mile, said tunnel and any part of 
three miles to the eastward of the east portal may, if such 
allowance shall be deemed just and reasonuble by the 
board of railroad commissioners, reference being had to 
the valuation of said Troy and Greenfield Railroad and 
Hoosac Tunnel, which shall be established and agreed 
upon in effecting said consolidation ; be reckoned at not 
exceeding three times its actual length. The conveyance 
or agreement of the Commonwealth shall contain suitable 
stipulations to secure these provisions by contract. If 
the parties are unable to agree upon the service to be ren- Railroad com- 
dered or the charges to be paid therefor, under this sec- MrabttXregu- 
tiou, the railroad commissioners shall have authority from ^^ceTeJ^jfpar- 
timc to time on application of either party to establish ties^o^annot 
regulations for such service and fix rates, which shall not 
be changed within one year thereafter except by joint con- 
sent : provided, that if the New Haven and Northampton 
Company shall be unable to agree with said consolidated 
corporation upon the terms, methods and place of exchang- 
ing passengers and freight passing to and from its railroad 
and the railroad of said consolidated corporation, then the 
said New Haven and Northampton Company shall have 
the rijiht to run its own cars and engines over the said 
Troy and Greenfield Railroad to and from Conway Junc- 
tion and Shelburne Falls, under the reasonable rules, 
regulations and control of said consolidated corporation, 
and said New Haven and Northampton Company, the 
Central Massachusetts Railroad Company and every other 
corporation operating a railroad hereafter connecting with 
said Troy and Greenfield Railroad shall be furnished by said 
consolidated corporation with reasonable station and ter- 



752 1885. — Chapter 297. 

minal facilities, paying a reasonable compensation therefor. 
And if any such connecting railroad corporation and said 
consolidated corporation cannot agree upon such rules and 
regulations and compensation as herein before mentioned 
the board of railroad commissioners shall from lime to time 
determine and establish the same. 
Consolidated SECTION 9. For the purposc of owning, maintaining 

corporation , .. , i-V-i i -i • i c 

may unite with aud operatuig such a nne ot railroad as is herein beiore 
nTi!ed^fn New " describcd to a connection with some other line or lines of 
mom/""^^" railroad at the Hudson River or at some other point in the 
state of New York, said consolidated corporation, after 
it has acquired such a line of railroad as is herein before 
described, may unite with a corporation or corporations 
established by authority of the states of New York and 
Vermont, or either of them, and which is by ownership 
or lease fur more than fifty years, in lawful possession of 
a line or lines of connected railroad from a connection with 
the railroad of said consolidated corporation, to the west- 
ern termination or terminations of the line of such other 
railroads described in this section, on a basis of capital 
including stock and bonds such as may be agreed upon, 
not exceeding the limits specified in sections two and three 
of this act, with sufficient authority to operate the same; 
and the united corporations shall thereafter become one 
corporation, with all the rights, powers and privileges 
and subject to all the obligations, duties, limitations and 
restrictions in this Commonwealth of the corporation here- 
by created. 
May lease other SECTION 10. Instead of uuitius with another railroad 

railroaaB for . -, , . . ~ . j? i • i 

terms not less corijoratiou as providcd in section nine ot Ihis act, the 

than fifty yenrp. '■ .. c. •. ^ • i u •! 1 

coiporation may, after it has acquired such a railroad as 
is described in the first section of this act, lease for a 
term of not less than fifty years the road or roads of any 
such corporation or corporations as are described in said 
section nine, and operate the same when so leased in con- 
nection with its own road, or may purchase the road, 
property and franchises of such corporation or corpora- 
tions, and issue its stock and bonds in payment therefor 
to an amount not exceeding the limit and in the manner 
provided in the second and third sections of this act. 
Southern ver- Section 11. For further Carrying out the purpose of 

mont Railroad. . c *\ • 4. *I 1 

sections nine and ten ot this act, the governor and coun- 
cil may unite and consolidate the interest which the 
Commonwealth has in the Southern Vermont Railroad, as 



18S5. — Chapters 298, 299. 753 

provided in section nine of this act, or sell it as provided 
in section ten of tliis act, concnrrently with a consolida- 
tion or sale of other railroad properties, according to the 
provisions of said sections. 

Section 12. After consolidation as provided in sec- May lease hup 

.. . /'ii'i 1 1 • 1 J • of road extend- 

tion nine of this act, or lease or purchase as provided m in^ westwari to 
section ten of this act, the consolidated corporation may i^.j^j^^''". '" New 
lease a line of road extending westward not faither than 
Buffalo in the state of New York, and connecting at its 
western terminus with a line or lines of railroad extend- 
ing further west, or may make suitable trafHc contracts 
with a corporation or corporations owning or in lawful 
possession under a lease for fifty years or more of such a 
line of railroad. 

Section 13. The consolidated corporation formed ^.°K.|°ed®4u',!- 
under the provisions of this act shall not sell or lease its ouv°"««"t"' 
road or franchise, or any part thereof, without the consent 
of the legislature. 

Section 14. This act shall take effect upon its pas- 
sage. Approved June 5, lS8o. 

An Act to autfiouize iiorace s. crowell to build a causeway r^j ctf\o 

on BRIDGE K1103I FAIRHAVEN TO LONG AND AVEST ISLANDS. ^ 

Be it enacted, etc., as foUoivs : 

Section 1. Ilorace S. Crowell may build and main- May imiid 
tain a causeway or bridge from a point on Sconticiit liridgTiuPilir- 
Neck, so called, in the town of Fairhaven, across tide ''"^''"'• 
water to Long Island and thence to West Island in Buz- 
zard's Bay, for a roadway to connect his lands in said 
Fairhaven and on said islands; subject to the provisions 
of chapter nineteen of the Public Statutes and of any 
other laws which are or may be in force applicable thereto. 
Said causeway or bridge may be built with or without 
draws as may be determined by the board of harbor and 
land commissioners. 

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

Jjjproved June 8, 1885. 

An Act requiring notice of assessments of betterments to be z^/,^^ oqq 

GIVEN to the party TO BE CHARGED THEREBY. ■'■ ' 

Be it enacted, etc., as folloios: 

Notice of any assessment of betterments hereafter made Nonce of assess- 
under the provisions of chapter fifty-one of the Public me"t8°o''paHy 
Statutes shall within three months from the date thereof ^° ^« ^^^''^e^- 



lO^ 



1885. — Chapter 300. 



ChajxdOO 



Liconses to pro- 
cure insurance 
in foreign com- 
panics not 
aulliorized to 
ilo but'ineBS in 
this state. 



Bond to the 
tronsurer and 
r^-ceiver-gen- 
eral. 



Payments into 
the treasury. 



be given by the board of city or town officers making 
such assessment to the party to be charged thereby, or to 
his agent, tenant or lessee. Approved June 8, 1885. 

An Act relating to insurance by foreign insurance companies. 

Be it enacted^ etc., as follows: 

Section 1. The insurance commissioner, upon the 
annual payment of a fte of twenty dollars, may issue 
licenses to citizens of this Commonwealth, subject to 
revocation at any time, permitting the person named 
therein to procure policies of fire insurance on property 
in this Commonwealth in foreign insurance companies not 
authorized to transact business in this Commonwealth. 
Before the person named in such a license shall procure 
any insurance in such companies on any property in this 
Commonwealth he shall in every case execute and file 
with the insurance commissioner an aflSdavit that he is 
unable to procure, in companies admitted to do business 
in the Commonwealth, the amount of insurance necessary 
to protect said property, and shall only procure insurance 
under such license after he has procured insurance in 
companies admitted to do business in this Commonwealth 
to the full amount which taid companies are willing to 
write on said property. Each person so licensed shall 
keep a separate account of the business done under the 
license, a certified copy of which account ho shall forth- 
with file with the insurance commissioner, showing the 
exact amount of such insurance placed for any person, 
firm or corporation, the gross premium charged thereon, 
the companies in which the same is placed, the date of 
the policies and the term thereof; and before receiving 
such license shall execute and deliver to the treasurer and 
receiver-general of the Commonwealth a bond in the 
penal sum of two thousand dollars, with such sureties as 
the treasurer and receiver-general shall approve, with a 
condition that the licensee will faithfully comply with all 
the requirements of this section, and will file with the 
treasurer and receiver-general, in January of each year, a 
sworn statement of the gross premiums charged for insur- 
ance procured or placed under such license during the 
year ending on the thirty-first day of December next 
preceding, and at the time of filing such statement will 
pay into the treasury of the Commonwealth a sum equal 
to four per cent, of such gross premiums. 



1885. — Chapter 301. 755 

Section 2. Such licensed person, who shall make a Penalty for 

_,*, . 1 II I i making false 

wilfully talse statement or aindavit, or shall neglect or statement. 
refuse to make the statements required under the provi- 
sions of the foregoing section, shall be punished by a fine 
not exceeding five hundred dollars for each offence, to be 
recovered to the use of the Commonwealth, in addition to 
any other penalty incurred thereby. 

Section 3. The penalty contained in section two Penalty in p. s. 

Ill I'j. L' J.1 119, § 200, etc., 

hundred of chapter one hundred and nineteen ot tne not to apply. 
Public Statutes and the provisions of the last clause of 
section two hundred and twenty-four of said chapter shall 
not apply to insurance eifected in compliance with the 
provisions of this act. 

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

Approved June S, 1885. 

An Act to authorize the fire district of pittsfield and ni.fj^ QQi 

THE county of BERKSHIRE TO CONSTRUCT CERTAIN SEWERS IN ^ 

THE TOWN OF PITTSFIELD. 

Be it enacted^ etc., as follotvs: 

Section 1. The fire district of the town of Pittsfield Fire district 

. . , . may construct a 

IS hereby authorized to construct a main dram or common sewer in pitts- 
sewer in said fire district from a point just below the dam to'^n kndAibany 
of Martin Van Sickler's cotton factory to a point on or ^^''^^'''^'^■ 
near the lands of Daniel J. Dodge near the Boston and 
Albany Railroad, nnder the provisions of chapter one hun- 
dred and twenty of the acts of the year eighteen hundred 
and seventy-eight ; but the board of commissioners of side- 
walks, common sewers and main drains of said fire district 
shall not assess upon the lands benefited thereby any 
greater proportion of the whole expense of making said 
sewer than said fire district shall direct, and in no event 
to exceed more than two thirds of said expense. 

Section 2. The said fire district is authorized also to May construct 
construct a common sewer from the house of correction house of°^rMc. 
in said fire district to some convenient point in the line of ^^^n. 
the sewer or main drain described in section one, and 
make an agreement with the county of Berkshire for the 
payment of the expense of the construction of the sewer 
described in this section and its connection with said 
first mentioned sewer. The commissioners of Berkshire 
County are hereby authorized in their discretion to pay to 
said fire district such a sum of money not exceeding three 
thousand dollars towards the construction of said sewer 



756 1885. — Chapter 302. 

from said house of correction to, and its connection with, 
said sewer described in section one as to them shall seem 
reasonable. And said county commissioners are authorized 
to borrow on the credit of said Berkshire County and to 
use for the purpose aforesaid the sum of three thousand 
dollars. 
^xSin'g''""* Section 3. For the purposes named in this act said 
$12,000. fii-Q district is hereby aulhorized to borrow on the credit 

of said fire district a sum of money not exceeding twelve 
thousand dollars to be paid as follows, namely: — One- 
third thereof out of the taxes of the year eighteen hun- 
dred and eighty-six ; one-third thereof out of the taxes of 
the year eighteen hundred and eighty-seven ; and one- 
third out of the taxes of the year eighteen hundred and 
eighty-eight. 

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

Approved June 8, 1885. 

Chcip.302 An Act in relation to the rights of the widow and family 
of a deceased person in Ills family burial lot. 
Be it enacted, etc., asfolloios: 
^ig^^^f^^^ .^ Section 1. Chapter eighty-two of the Public Statutes 
lamijy burial ig amended by strikinof out the third section thereof and 

lot. . . . " ~ 

inserting in place thereof the following : — Lots in such 
cemeteries shall be held indivisible, and upon the decease 
of a proprietor of such lot the title thereto shall descend 
to his heirs at law or devisees, subject however to the fol- 
lowing limitations and conditions : If he leaves a widow 
and children, they shall have in common the possession, 
care and control of said lot durinof her life. If he leaves 
a widow and no children, she shall have the possession, 
care and control of such lot during her life. If he leaves 
children and no widow, they or the survivor of them shall 
ii common have the possession, care and control of such 
lot during the life of the suvivor of them. The parties 
having such possession, care and control of such lot dur- 
ing the term thereof, may erect a monument and make 
. other permanent improvements thereon. The widow shall 
have a right of interment for her own body in such lot or 
in a tomb in such lot, and a right to have her body remain 
permanently interred or entombed therein, except that 
her body may be removed therefrom to some other family 
lot or tomb with the consent of her heirs. At any time 
when more than one person is entitled to the possession, 
care and control of such lot, the persons so entitled thereto 



1885. — Chapters 303, 304. 757 

shall designate in writing to the clerk of the corporation 
uhich of their number shall represent the lot, and on their 
failure so to designate, the board of trustees or directors 
of the corporation shall enter of record which of said 
parties shall represent the lot, while such failure con- 
tinues. The widow may at any time release her right in ^"j'^o^^^y 
such lot, but no conveyance or devise by any other person right, 
shall deprive her of such right. 

Section 2. Nothing in this act shall be taken as a re- Nottorepe;ii 
peal of the provisions of chapter two bunded and sixty-two " ' 
of the acts of the year eighteen hnndred and eighty-three. 

Approved June S, 1885. 

An Act in relation to trespass upon land appurtenant to (7/ia79.303 

PRISONS AND TO THE DISTURBANCE OF SUCH INSTITUTIONS. 

Be it enacted, etc., as follows: 

Whoever shall wilfully trespass upon land belonging to Trespass upon 

il /-^ lil i i. X Zu t i • Af land appune- 

the Commonwealth appurtenant to the state prison, Mas- uant to prisons. 
sachusetts reformatory, or reformatory prison for women, 
or upon any land belonging to any county and appurte- 
nant to any jail or house of correction, or, after notice 
from an officer of either of said institutions to leave said 
land, shall remain thereon, or shall wilfully disturb any of 
said institutions, or in any manner seek to attract the at- 
tention of, or, without the permission of the officer in - 
charge, shall have any communication with, any inmate 
thereof, shall be punished by imprisonment in the jail not 
exceeding three months or by a fine not exceeding fifty dol- 
lars. A^yproved June 8, 1885. 

An Act relating to clerical assistance in the office of niiaq^ 3Q4 

THE REGISTER OF PROBATE AND INSOLVENCY IN THE COUNTY OF 
MIDDLESEX. 

Be it enacted, etc., as follows: 

Section 1. The register of probate and insolvency Clerical assist- 

~ , ance. 

for the county of Middlesex shall be allowed, in addition 
to the amount now allowed by law, a sum not exceeding 
fifteen hundred dollars per annum, from and aft6r the first 
day of April in the year one thousand eight hundred and 
eighty- five, for clerical assistance actually performed, to 
be paid from the treasury of the Commonwealth upon the 
oflicial certificate of the judge of probate and insolvency 
for said county. 

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

Approved Juyie 8, 1885. 



758 1885. — Chapters 305, 306, 307. 

ChCin.305 ^^ ^^"^ CONCERNING OBSCENE PUBLICATIONS. 

Be it enacted, etc., as follows: 
furniihing'ob- WhoGver sclls, lends, gives away or has in his posses- 
Bcenepubiica- siott with intcut to Sell or distribute, or otherwise ofters 
for loan, gift, sale or distribution to any minor child any 
book, pamphlet, magazine, newspaper or other printed 
paper devoted to the publication or principally made up 
of criminal news, police reports, or accounts of criminal 
deeds, or pictures and stories of lust or crime, or exhibits 
Upon any street or highway or in any other place within 
the view or which may be within the view of any minor 
child, or in any manner hires or employs any minor child 
to sell or give away, or in any way to distribute, or who 
having the custody or control of any minor child permits 
such child to sell, give-away or in any other way to dis- 
tribute any such book, pamphlet, magazine, newspaper or 
printed paper, shall be punished by imprisonment in the 
jail not exceeding two years or by fine not exceeding one 
thousand dollars nor less than one hundred dollars. 

Approved June 5, 1885. 

ChCl)J.306 ^^ ■^^'^ MAKING AN ADDITIONAL APPROPRIATION FOR THE MASSA- 
CHUSETTS REFORMATORY AT CONCORD. 

Beit enacted, etc., asfolloios: 
Appropriation. "jhe suiii hereinafter mentioned is appropriated, to be 
paid out of the treasury of the Commonwealth, from the 
ordinary revenue, for the purposes specified herein, to 
wit : — For current expenses at the Massachusetts Reform- 
atory at Concord, a sum not exceeding ten thousand 
dolhirs, being in addition to the fifty-four thousand dollars 
appropriated by chapter thirteen of the acts of the present 
year. Approved June 8, 1885. 

(JJiart.307 ^^ ^^^ ^^ relation to vacancies in boards of health. 

Be it enacted, etc., as foUoivs : 
ho^arXof ^° Section 1. If a person elected a member of a board 

health. of health in any town, respecting which no provision is 

made by special law for choosing a board of health, after 
being duly notified of his election in the manner in which 
town officers are required to be notified, refuses or neglects 
to accept said office, or if a member of a board of health 
in such town declines further service, or from change of 
residence or otherwise becomes unable to attend to the 
duties of the board, the remaining members shall, in writ- 



1885. — Chapters 308, 309. 759 

ing, give notice of the fact to the selectmen of such town, 
and the two boards shall thereupon, after giving public 
notice of at least one week, jointly proceed to fill such 
vacancy. 

Section 2. This act shall apply to vacancies now ex- to apply to 
isting in boards of health elected before the passage of Isung"""""'^' 
this act, and shall take effect upon its passage. 

Approved Jane 8, 1885. 

An Act to allow insurance companies to make additional C/iap.oOS 

INVESTMENTS OF THEIR CAPITAL STOCK. 

Be it enacted, etc., as follows: 

Section 1. In addition to the investments now allowed Jn^.^r'.IJ'cTcom^ 
by law, the capital stock of insurance companies may be ponies. 
invested in any of the securities in which savings banks 
may invest their deposits. 

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

Approved June 8, 1885. 

An Act autuorizing cities and towns to license groves to Qhcip.'dOd 

BE used for picnics AND OTUER LAWFUL AMUSEMENTS. 

Be it enacted, etc., as folloios : 

Section L. The mayor and aldermen of any city ex- May license 
cept Boston, and in Boston the police commissioners, and llcnfcs'etc. 
the selectmen of any town, may grant a license to any 
person to establish, let, keep o[)en and maintain a grove 
to be used for picnics or other lawful gatherings and 
amusements, for hire, gain or reward, upon such con- 
ditions and regulations as they deem proper, subject to 
the provisions of sections one hundred and twenty-four, 
one hundred and twenty-six and one hundred and twenty- 
seven of chapter one hundred and two of the Public 
Statutes. 

Section 2. Whoever without such license shall estab- Penalty for 
lish, let, keep open or maintain by himself or another, a gro'vea'wiihout 
grove to be used for picnics or other amusements, for hire, 
gain or reward, shall be punished by a fine not exceeding 
one hundred dollars. 

Section 3. Any marshal or his deputy, sheriff or his PoHce officcn^, 
deputy, constable, police oflicer or watchman, may at any groveT.''^ ^""" 
time enter into a grove or any building therein for the 
purpose of enforcing any law of the state ; and whoever 
obstructs or hinders the entrance of such officer shall be 
punished by a fine of not less than five dollars nor more 
than ten. 



760 



18S5. — Chapters 310, 311. 



Subject to ac- 
ceptance by 
cities and 
towns. 



C/^«/9.310 



Change of liusi- 
ness by corpora- 
tions. 



Chap.311 



Williamstown 
Water Com- 
pany, incor- 
porated. 



May take water 
of springs and 
lirooljs in Wil- 
liamstown. 



May construct 
and lay down 
conduits, etc. 



Section 4. This act shall take effect in any town upon 
its acceptance by a niMJorlty vote at a town meeting duly 
warned for the purpose, and in any city upon its accept- 
ance by the board of aldermen thereof. 

Approved June 9, 1885. 

An Act relating to change of business by corporations. 
Be it enacted, etc., asfolloivs: 

The provisions of section fifty-one of chapter one hun- 
dred six of the Public Statutes shall apply to and include 
all corporations mentioned in the third section of said 
chapter and those which have complied with the provisions 
of the fourth section thereof. Approved Jane 9, 1883. 

An Act to incorporate the williamstown water company. 
Be it enacted, etc., asfolloivs: 

Section 1. Albert C. Houghton, James M. Waterman, 
Calvin B. Cook, William B. Clark, Sidney S. Edwards 
and their associates and successors, are hereby made a 
corporation by the name of the Williamstown Water Com- 
pany, for the purpose of furnishing the inhabitants of the 
town of Williamstown with water for the extinguishment 
of fires, and for domestic and other purposes; with all 
the powers and privileges and subject to all the duties, 
restrictions and liabilities set forth in all general laws 
which now are or may hereafter be in force applicable to 
such corporations. 

Section 2. The said corporation, for the purposes 
aforesaid, may take, by purchase or otherwise, and hold 
the water of any springs or brooks in the town of Wil- 
liamstown and the water rights connected with any such 
water sources and any water procured from any other 
source under the authority of this act ; and also all lands, 
rights of way and easements, necessary for holding and 
preserving such water and for conveying the same to any 
part of said town ; and may erect on the land thus taken 
or held proper dams, buildings, fixtures and other struct- 
ures ; and may make excavations, procure and operate 
machinery and provide such other means and appliances 
as may be necessary for the establishment and mainte- 
nance of complete and effective water works ; and may 
construct and lay down conduits, pipes and other works, 
under or over any lands, water courses, railroads or pub- 
lic or private ways and along any such ways in such 



1885. — Chaptek 311. 7G1 

manner as not unnecessarily to obstruct the same ; and 
for the purpose of constructing, maintaining and repair- 
ing 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 Avays in 
such manner as to cause the least hindrance to public 
travel on such ways. 

Section 3. The said corporation shall, within sixty J^;;^d%:°^^f,„ 
days after the taking of any lands, rights of way, water [° |?f [^=°''"'^^f'i 
rights, water sources or easements as aforesaid, other- deeds. 
wise than by purchase, file and cause to be recorded, in 
the registry of deeds for the county and district within 
which fcuch lands or other property is situated, a descrip- 
tion thereof sufficiently accurate for identification, with 
a statement of the purpose for which the same were 
taken, signed by the president of the corporation. 

Section 4. The said corporation shall pay all dam- Liability for 

^ ... , damages. 

ages 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 afore- 
said under this act, who fails to agree with said corpora- 
tion as to the amount of damages sustained, may have the 
damages assessed and determined in the manner provided 
by law when land is taken for the laying out of highways, 
on application at any time within the period of three 
years from the taking of such land or other property, or 
the doing of other injury, under the authority of this act ; 
but no such application shall be made after the expiration of 
said three years. No application for assessment of damages 
shall be made for the taking of any water, water right, or 
for any injury thereto, until the water is actually with- 
drawn or diverted by said corporation under the authority 
of this act. 

Section 5. The said corporation may distribute the ^^^^l^^^^g^^°l' 
water through said town of Williamstown, may regu- 
late the use of said water, and fix and collect rates to be 
paid for the use of the same ; and may make such con- 
tracts with the said town or with any fire district that is 
or may hereafter be established therein, or with any indi- 
vidual or corporation, to supply water for the extinguish- 



762 



1885. — Chapter 311. 



Real estate and 
capital stock. 



Penalty for cor- 
rupting or di- 
veriiiig water. 



Bends not to 
exceed amount 
of capital stock. 



Town may pur- 
chase franchise 
and property. 



ing of fire or for other purposes, as may be agreed upon 
by said town or such fire district, individual or corpora- 
tion, and said corporation. 

Section 6. The said corporation may, for the pur- 
poses set forth in this act, hold real estate not exceeding 
in amount fifty thousand dollars ; and the whole capital 
stock of said corporation shall not exceed one hundred 
thousand dollars, to be divided into shares of one hundred 
dollars each. 

Section 7. Whoever wilfully or wantonly corrupts, 
pollutes or diverts any of the waters taken or held under 
this act or injures any structure, work or other property 
owned, held or used by said corporation under the author- 
ity and for they)urpo8e8 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 toit; 
and upon conviction of either of the above wilful or wan- 
ton acts shall be punished by a fine not exceeding three 
hundred dollars or by imprisonment not exceeding one 
year. 

Section 8. The said corporation may issue bonds, 
bearing interest at a rate not exceeding six per cent, per 
annum, and secure the same by a mortgage on its fran- 
chise and other property to an amount not exceeding its 
capital stock actually paid in and applied to the purposes 
of its incorporation. 

Section 9. The said town of Williamstown shall have 
the right at any time to purchase of said corporation its 
franchise, corporate property, and all its rights, powers 
and privileges, at a price which may be mutually agreed 
upon, and may have a like right to purchase their interest 
from the mortgagees after foreclosure of any mortgage 
authorized by section eight of this act ; and said corpora- 
tion is authorized to make sale of the same to said town. 
If said corporation or said mortgagees, as the case may 
be, and said town, are unable to agree, then the compen- 
sation to be paid shall be determined by three commis- 
sioners, to be appointed by the supreme judicial court 
upon application of said town, and notice to the other 
party, whose award, when accepted by said court, shall 
be binding upon all parties. If said corporation shall 
have issued bonds under the provisions of section eight 
and the mortgage shall not have been foreclosed, and the 
compensation to be paid shall be determined by commis- 



1885. — Chaptek 311. 763 

sioners as aforesaid, such commissioners shall find the 
value of such franchise, corporate property, rights, powers 
and privileges, as if the same were unencnnihered, and 
the mortgagees shall be entitled to be heard before such Mortna^ees may 
commissioners as to such value ; and if the value so found 
shall exceed the amount of such mortgage debt, said town 
shall acquire such franchise, property, rights, powers and 
privileges by paying said corporation such excess, and 
shall assume said mortgage debt as part of the water loan 
authorized by section ten ; but if the value »so found 
should be less than the amount of such mortgage debt, 
then said town shall acquire such franchise, property, 
rights, powers and privileges of said corporation, and also 
the interest of said mortgagees, by paying said mortgagees 
the amount of the value so found, and such mortgage 
shall thereby be discharged ; and said town shall there- 
upon hold and possess such franchise and all said corpo- 
rate property, rights, powers and privileges unencumbered 
and discharged from any trust. The right to purchase subject to a 
as aforesaid is granted on condition that the same be ^'^"''^""'^^ ^'''®- 
authorized by a two-thirds vote of the voters of said town 
present and voting thereon at a meeting called for that 
purpose. 

Section 10. The said town may, for the purpose of w"'erT*a^° 
paying the cost of said franchise and corporate property, not to exceed 
and the necessary expenses and liabilities incurred * '^ ' 
under the provisions of this act, issue from time to time, 
bonds, notes or scrip, to an amount not exceeding in the 
aggregate one hundred thousand dollars ; such bonds, 
notes and scrip shall bear on their face the words " Wil- 
liamstowu Water Loan " ; shall be payable at the expira- 
tion of periods not exceeding thirty years from the date of 
issue ; shall bear interest payable semi-annually, at a 
rate not exceeding six per centum per annum, and shall 
be signed by the treasurer of the town, and countersigned 
by the water commissioners hereinafter provided for. 
The said town may sell such securities at public or private 
sale, or pledge the same for money borrowed for the pur- 
poses of this act, upon such terms and conditions as it 
may deem proper. The said town shall provide, at the Toegtabush 
time of contracting said loan, for the establishment of a ""i^ing '""d. 
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 



764 



1885. — Chapter 311. 



May make an- 
nual propor- 
tionate paj-- 
ments instead of 
establishing 
sinking fund. 



Return required 
to state amount 
of fund, etc. 



To raise by 
taxation suffi- 
cient for cur- 
rent expenses 
and interest. 



Board of water 
coramiBsioners. 



shall remain inviolate and pledged to the payment of said 
loan, and shall be used for no other purpose. 

Section II. The said town, instead of establishing a 
sinking fund, ma}^ at the time of authorizing said loan, 
provide for the payment thereof in such annual propor- 
tionate payments as will extinguish the same within the 
time prescribed in this act; and when such vote has been 
passed the amount required thereby shall, without further 
vote, be assessed by the assessors of said town in each 
year thereafter, until the debt incurred by said loan shall 
be extinguished, in the same manner as other taxes are 
assessed under the provisions of section thirty-four of 
chapter eleven of the Public Statutes. 

Section 12. The return required by section ninety- 
one of chapter eleven of the Public Statutes shall state 
the amount of any sinking fund established under this 
act, and if none is established whether action has been 
taken in accordance with the provisions of the preceding 
section, and the amounts raised and applied thereunder 
for the current year. 

Section 13. The said town shall raise annually by 
taxation a sum which with the income derived from the 
water rates, will be sufficient to pay the current annual 
expenses of operating its water works, and the interest 
as it accrues on the bonds, notes and scrip issued as 
aforesaid by said town, and to make such contributions 
to the sinking fund and payments on the principal as may 
be required under the provisions of this act. 

Section 14. The said town shall, after its purchase of 
said franchise and corporate property, as provided in this 
act, at a legal meeting called for the purpose, elect by 
ballot three persons to hold office, one until the 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 bal- 
lot for the term of three years. All the authority granted 
to the said town by this act, and not otherwise specifically 
provided for, shall be vested in said board of water com- 
missioners, who shall be subject however to such instruc- 
tions,, rules and regulations as said town may impose by 
its vote ; the said commissioners shall be trustees of the 
sinking fund herein provided for, and a majority of said 



Vacancies in 
board. 



1885. — Chapter 312. 765 

commissioners shall constitute a quorum for the transac- 
tion of business relative both to the water works and to 
the sinking fund. Any vacancy occurring in said board 
Irom any cause may l)e tilled for the remainder of the 
unexpired term by said town at any legal town meeting 
called for the purpose. 

Section 15. The county commissioners for the county security may 
within which any land, water or water rights taken under paj^m'eJi't^of 
this act is situated, shall, upon application of the owner ^oHts and dam- 



ages. 



thereof, require said corporation to give satisfactory 
security for the payment of all damages and costs which 
may be awarded such owner for the land or other prop- 
erty so taken ; but previous to requiring such security 
the county commissioners shall, if 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 sus- 
pended until it gives the security so required. 

Section 16. This act shall take efl'ect upon its pas- worktocom- 
sage, but shall become void unless work under this act is three years. 
commenced within three years from the date of its pas- 
sage. Approved June 10, 1885. 

An Act to limit municipal debt of and the rate of taxation (JJ^d-p 312 

IN CITIES. 

Be it enacted^ etc., as follows: 

Section 1. The taxes assessed on property in any Limit of rate of 
city, except the city of Boston, exclusive of state tax, ctuesrexwpt 
county tax and sums required by law to be raised on '^"^'°"- 
account of the city debt, shall not exceed in any year 
twelve dollars on every one thousand dollars of the 
average of the assessors' valuations of the taxable prop- 
erty therein for the preceding three years, the valuation 
for each year being first reduced by the amount of all 
abatements allowed thereon previous to the thirty-first 
day of December in the year preceding said assessment, 
and any order or appropriation requiring a larger assess- 
ment than is herein limited shall be void. 

Section 2. The limit of indebtedness of cities shall Limit of iudebt- 
hereafter be two and one-half per cent, on the average *" 



766 



1885. — Chapter 312. 



Some items in 
appropriations, 
etc., may be ap 
proved and 
otliers disap- 
proved, by tiie 
mayor. 



Temporary 
loans. 



Injunctions, 
etc., may be is- 
sued against 
city councii, etc, 



To take effect 
Jan. 1, 1886. 



valuation prescribed ia section one of this act, instead of 
three per cent, on the last preceding valuation as pro- 
vided in section four of chapter twenty-nine of the Public 
Statutes. The cities of Worcester, Lynn, Gloucester 
and Brockton are exempted from the operation of sections 
one and two until the first day of January in the year 
one thousand eight hundred and eighty-nine. 

Section 3. When an ordinance, order, resolution or 
vote of a city council, or of either branch thereof, involv- 
ing the appropriation or expenditure of money, or the 
raising of a tax, and including several items or sums, is 
presented to the mayor of a city for his approval, he may 
approve some of the items or sums, and disapprove others ; 
and in case of such disapproval the portion of the ordi- 
nance, order, resolution or vote so approved shall be in 
force, in like manner as if the items or sums disapproved 
had never been a part thereof; and the mayor shall re- 
turn a statement of the items or sums disapproved, with 
his objections in writing, to that branch of the city coun- 
cil in which the ordinance, order, resolution or vote 
originated. The items or sums so disapproved shall not 
be in force unless passed by the city council, or by that 
branch thereof by which the ordinance, order, resolution 
or vote was passed, if passed by one branch only, in the 
manner provided in section six, chapter twenty-eight of 
the Public Statutes. 

Section 4. Section six of chapter twenty-nine of the 
Public Statutes is amended by striking out the words 
" and of the year next ensuing" in the third line, so as to 
read as follows : — Section 6. Cities and towns may, by 
ordinary vote, incur debts for temporary loans in antici- 
pation of the taxes of the year in which such debts are 
incurred and expressly made payable therefrom by vote 
of the city or town. 

Section 5. A court or justice having equity jurisdic- 
tion, sitting in any county, shall, upon the application of 
the mayor, or often taxable inhabitants of any city, at all 
times, whether in term time or vacation, have power to 
issue injunctions, mandatory or otherwise, decrees or 
other process, against the city council or otherwise, which 
such court or justice may think needful to enforce the 
provisions of this act, or to prevent the violation thereof. 

Section 6. This act except as herein before provided 
shall take effect on the first day of January in the year 
eighteen hundred and eighty-six. Approved June 11, 1885. 



1885. — Chapter 313. 767 

An Act to establish a board of kegistration in piiaumacy. (JJiap.313 

Be it enacted, etc., as follows: 

Section 1. The governor of the Commonwealth with f,°';'i'„'^„f/p*h^^';. 
the advice and consent of the council shall appoint, after macytobeap- 

„ , . n 1 -11 T 1 • • 1 i pointed by the 

the passage of this act, five skilled pharmacists, resident governor. 
in the Commonwealth, who have had ten consecntive years 
of practical experience in the compounding and dispens- 
ing of pliysicians' prescriptions, who shall constitute a 
board of registration in pharmacy. Such persons shall be 
appointed and hold office, beginning on the first day of 
October next, one for one year, one for two years, one for 
three years, one for four years and one for five years, or 
until their successors shall be appointed ; and the governor 
shall appoint annually thereafter before the first ({\\y of 
October in each year one skilled pharmacist, qualified as 
aforesaid, to hold office for five years from the fir^t day of 
October next ensuing. Not more than one member of 
said board shall be interested in the sale of drugs, medi- 
cines and chemicals and the compounding and dispensing 
of phyfeicians' prescriptions in the same city or town. All 
vacancies occurring in said board shall be filled in accord- vacancies. 
ance with the provisions of this act for the establishment 
of the original board. Any member of said board may Removals. 
be removed from office for cause by the governor with the 
advice and consent of the council. 

Section 2. The members of said board shall meet on prpsidentand 
the first Tuesday of October next at such time and place secretary, 
as they may determine, and shall immediately proceed to 
organize by electing a president and secretary who shall 
be members of the board and who shall hold their respect- 
ive offices for the term of one year. The secretary shall secretary to 

I T • -x p i.\ r\ give bond. 

give to the treasurer and receiver-general oi the Com- 
monwealth a bond with sufficient sureties, to be approved 
by the governor and council, for the faithful discharge of 
the duties of his office. The said board shall hold three Meetings of 
regular meetings in each year, one on the first Tuesday of 
January, one on the first Tuesday of May, and one on 
the first Tuesday of October, and such additional meet- 
ings at such times and places as they may determine. 

Section 3. It shall be the duty of said board. Retail dealers 
immediately upon its organization, to notify all persons to blnouiied.' 
and firms engaged in the business of retailing or dispens- 
ing drugs, medicines, chemicals or poisons on their own 
account in this Commonwealth, of the provisions of this 



7G8 



1885. — Chapter 313. 



Registration 
after three years 
of practical ex- 
perience. 



Registration 
upon examina- 
tion. 



Compensation 
and expenses. 



Proviso. 



Record to be 
kept. 



Annual report 
to the governor. 



act; and any such person or firm so engaged, or any 
other person who has had three consecutive years of 
practical experience in the aforesaid business, shall, upon 
application and the payment of a fee of fifty cents to said 
board, be registered as a pharmacist, and shall receive a 
certificate thereof signed by the president and secretary 
of said board. 

Section 4. Any person not entitled to registration as 
aforesaid shall, upon payment of a fee of five dollars, be 
entitled to examination, and if found qualified shall be 
registered as a pharmacist, and shall receive the certifi- 
cate thereof provided for in section three. Any person 
may be re-examined at any regular meeting of the board 
upon the payment of a fee of three dollars. All fees 
received by the board under this act shall be paid by the 
secretary of the board into the treasury of the Common- 
wealth once in each month. 

Section 5. The compensation, incidental and travel- 
ling expenses of the board shall be paid from the treas- 
ury of the Commonwealth. The compensation of the 
board shall be five dollars each for every day actually 
spent in the discharge of their duties, and three cents per 
mile each way for necessary travelling expenses in attend- 
ing the meetings of the board, but in no case shall any 
more be paid than was actually expended. Such com- 
pensation and the incidental and travelling expenses shall 
be approved by the board and sent to the auditor of the 
Commonwealth who shall certify to the governor and 
council the amounts due as in case of all other bills and 
accounts approved by him under the provisions of law : 
provided, that the amount so paid shall not exceed the 
amount received by the treasurer and receiver-general of 
the Commonwealth from the board in fees as herein speci- 
fied, and so much of said receipts as may be necessary is 
hereby appropriated for the compensation and expenses 
of the board as aforesaid. 

Section 6. The board shall keep a record of the 
names of all persons registered hereunder, and a record 
of all moneys received and disbursed by said board, a 
duplicate whereof shall always be open to inspection in 
the oflice of the secretary of the Commonwealth. Said 
board shall annually report to the governor, on or before 
the first day of January in each year, the condition of 
pharmacy in the state, which repoit thall contain a full 



1885. — Chapter 314. 769 

and complete record of all its official acts during the 
yetir, and shall also contain a statement of the receipts 
and disbursements of the board. 

Section 7. It shall be the duty of the board to in- complaints to 
vestigate all complaints of disregard, non-compliance or ^ '"^•^s^ga^e . 
violation of the provisions of this act, and to bring all 
such cases to the notice of the proper prosecuting officers. 

Section 8. Every person who has received a certifi- certificate to be 

r. . ^ ^. "^ ^1 1 ■ J 1 II • 1 conspicuously 

cate 01 registration from the board shall conspicuously displayed. 
display the same in his place of business. 

Section 9. Whoever not being registered as afore- Penalty. 
said shall, by himself or his agent or servant, unless 
such agent or servant is so registered, retail, compound 
for sale or dispense for medicinal purposes, drugs, medi- 
cines, chemicals or poisons, shall be punished by a fine 
not exceeding fifty dollars. But nothing in this act shall Employment of 
be construed to prohibit the employment of apprentices ^^"^^^^ '"**■ 
or assistants under the personal supervision of a regis- 
tered pharmacist. 

Section 10. This act shall not apply to physicians Not to apply to 
putting up their own prescriptions or dispensing medi- uugTpX'i?" 
cines to their patients ; nor to the sale of drugs, medicines, [^0^^^*""^" 
chemicals or poisons at wholesale only ; nor to the manu- 
facture or sale of patent and proprietary medicines ; nor 
to the sale of non-poisonous domestic remedies usually 
sold by grocers or others ; nor shall any member of a 
copartnership be liable to the penalties hereof if any 
other member of such copartnership is a registered phar- 
macist : provided, that such non-registered member shall Proviso. 
not retail, compound for sale or dispense for medicinal 
purposes, drugs, medicines, chemicals or poisons except 
under the personal supervision of a registered pharmacist. 

Section 11. For the purposes of the appointment of when to take 
said board and of registration of persons by them here- 
under this act shall take eflTect upon its passage, and shall 
take full effect on the first day of January in the year 
eighteen hundred and eighty-six. 

Approved June 11, 1885. 

An Act to establish a board of gas commissioners. CTlClX) 31 

Be it enacted, etc., as follows: 

Section 1. The governor by and with the consent of Board of gas 
the council shall appoint three citizens of this Common- to be appointed 
wealth, who shall constitute a board of gas commissioners, ^y*^^ governor. 
and the governor shall designate the chairman thereof. 



770 



1885. — Chapter 314. 



Clerk to be ap- 
pointed by the 
governor. 



Terms of otfice. 



Vacancies. 



Not to be inter- 
ested in sale, 
etc., of gas. 



Salaries. 



Incidental ex- 
penses. 



Annual expen- 
ses to be as- 
sessed upon gas 
compaDies. 



Said board shall have a clerk, to be appointed by the 
governor with the consent of the council, who shall keep 
a full and faithful record of its proceedings, and shall 
serve such notices and perform such other duties as the 
commissioners may require, and shall be sworn before 
entering upon the discharge of his duties. 

Section 2. One of said commissioners shall be ap- 
pointed for one year, one for two years and one for three 
years from the first day of July, eighteen hundred and 
eighty-five ; and annually thereafter the governor shall 
appoint as herein before provided one commissioner to 
serve for three years from the first day of July in the 
year of his appointment and until his successor is appointed 
and qualified. If a vacancy occurs by resignation or other- 
wise the governor shall in like manner appoint a commis- 
sioner for the residue of the term, and may, with the 
consent of the council, remove any commissioner for 
cause after notice and hearing. 

Section 3. Said commissioners shall be sworn to the 
faithful performance of the duties of their respective offices 
before entering upon the discharge of the same ; shall not 
be in the employ of or own any stock in any gas company, 
or be in any way directly or indirectly interested pecuni- 
arily in the manufacture or sale of gas, or any article or 
commodity used by gas companies, or used for any pur- 
pose connected with the manufacture and sale of gas. 

Section 4. The annual salary of the chairman of the 
board shall be three thousand dollars, and that of the other 
commissioners two thousand five hundred dollars each, to 
be paid monthly from the treasury of the Commonwealth. 
The commissioners shall be provided with an office in the 
state house or in some other suitable place in the city of 
Boston, in which their records shall be kept. 

Section 5. The board may expend a sum not exceed- 
ing one thousand dollars annually in procuring necessary 
books, statistics and stationery and in defraying expenses 
incidental and necessary to the discharge of their duties ; 
and a sum not exceeding two thousand dollars annually 
in defraying the compensation and expenses of their clerk, 
payable monthly from the treasury of the Commonwealth. 

Section 6. The annual expenses of the commissioners 
and clerk, including salaries, shall be borne by the several 
gas companies in proportion to their gross earnings, and 
shall be assessed and recovered in the manner provided 



1885. — Chapter 814. 771 

for the assessment and recovery of the expenses of the 
railroad commissioners. 

Section 7. Every <^as company shall annually make a Gas companies 

, -ii 1- e lii- -11 to make annual 

return to said board in a lorm and at a time prescribed sworn returns. 
by said board, setting forth the amount of its authorized 
capital, its indebtedness and tinancial condition on the 
first day of January preceding, and a statement of its in- 
come and expenses during the preceding year, together 
with its dividends paid or declared, and a list containing 
the names of all its salaried officers, and the amount of 
the annual salary paid to each ; and said return shall be 
signed and sworn to by the president and treasurer of said 
company and a majority of its directors. Every such 
company shall also at all times on request furnish any 
statement of information required by the board concerning 
the condition, management and operations of the company, 
and shall comply with all lawful orders of said board. 

Section 8. Said board shall have the general super- Board to have 
vision of all corporations engaged in the manufacture and ffs^!n''ifcor" 
sale of gas for lighting and for fuel, and shall make all fnTand'^uing 
necessary examinations and inquiries and keep themselves sas, etc. 
informed as to the compliance of the several corporations 
with the provisions of law. 

Section 9. Upon the complaint in writing of the mayor to investigate 

- .. .1 1 i. c \ • I • 1 complaints rpla- 

01 a city or the selectmen ot a town in which a gas company tivo to quality of 
is located, or of twenty customers of such company, either ^^^' 
of the quality or price of the gas sold and delivered by 
such company, the board shall notify the company of such 
complaint by leaving at their office a copy thereof, and 
shall thereupon after notice give a public hearing to such 
petitioner and such company, and after said hearing may 
order if they deem just and proper any reduction in the 
price of gas or improvement in quality thereof, and they 
shall pass such orders and take such action as are neces- 
sary thereto, and a report of the proceedings and the re- 
sult thereof shall be included in their annual report to the 
legislature. 

Section 10. In any city or town in which a gas com- a second gas 

... ,. '' ,. . , *^ company not to 

pany exists in active operation, no other gas company, dig up streets 
nor any other persons, shall dig up and open the streets, ^on°e"tc.^'^'^™'* 
lanes and highways of such city or town, for the purpose 
of laying gas pipes therein, without the consent of the 
mayor and aldermen or selectmen of such city or town, 
after a public hearing before said mayor and aldermen or 



772 1885. — Chaptek 314. 

selectmen and notice to all parties interested by publica- 
tion or otherwise. 

Purity of gas. Section 11. The board shall from time to time as- 
certain with what degree of purity the gas companies can 
reasonably be required to make and supply gas ; and if 
any change in the existing laws requiring purity in gas 
shall be in their opinion desirable or expedient, they shall 
80 report to the legislature in their next report. 

If company Section 12. The board, wheuevcr auy such company 

Dt'SrlCCtS to COIU- X t/ 

ply with orders, violatcs or ueglccts in any respect to comply with the pro- 

|enerai°o be visious of any law, OF rcfuscs or neglects to comply with 

notified. ^jjy lawful order of the board, shall give notice thereof 

in writing to such corporation, and to the attorney-general 

who shall take such proceedings thereon as he may deem 

expedient. 

Provisions, etc., SECTION 13. Any court havlng iurisdiction in equity, 

may be enforced , . •'. , ■,.. ,••1 

by process In HI term tmic OF vacatiou, may, on the application ot said 
equity. board, by any suitable process or decree in equity, enforce 

the provisions of this act and the lawful orders of said 
board. 
Annual report SECTION 14. The boErd shall make an annual report 
ture. of its doings to the legislature in January, with such sug- 

gestions as to the condition of affairs or conduct of the 
gas companies as may be deemed appropriate. 
Gas inspectors SECTION 15. Nothing iu this act shall affect the office 

to render assist- „ . f • e ^ 

ance, etc. of gas inspcctor Es constitutcd by chapter sixty-one of the 

Public Statutes, excepting that said inspector shall when- 
ever requested by the board give to them such information 
and assistance as they may require consistent with the 
duties of his office. 
Gas companies Section 16. Auv oras compauv which, or any person 
appeal to board, who, is aggrieved by the decision of the mayor and alder- 
men or selectmen of a city or town under the provisions 
of the tenth section of this act may appeal therefrom to 
said board within thirty days from the notice of said 
decision, and said board shall thereupon give due notice 
and hear all the parties in interest and its decision there- 
upon shall be final. 

Section 17. This act shall take eflect upon its passage. 

Approved June 11, 1885. 



1885. — Chapter 315. 773 

An Act to establish regulations for Gloucester harbor, niinq^ SI t 
Be it enacted, etc., asfoUoivs: 

Section 1. The mayor and aldermen of the city of Harbor master 
Gloucester may annually appoint a harbor master for the 
harbor of said city, who shall hold said office for one year 
and until his successor is appointed. Before entering on to give bona. 
said office he shall give a bond to said city for the prompt 
and faithful discharge of his duties, in a penal sum of five 
hundred dollars, with sureties to the satisfaction of said 
mayor and aldermen. He may appoint a deputy when- May appoint a 
ever the mayor and aldermen deem it necessary, such ''^'"'^' 
appointment to be subject to their approval. He and his 
said deputy shall have the powers and duties, and shall 
enforce the regulations and penalties, set forth in the last 
twelve sections of chapter sixty-nine of the Public Statutes, 
and in this act, and in any other laws which are or may 
be in force applicable to said office and to said harbor. 
He shall be paid out of the treasury of said city such 
compensation as the city council shall from time to time 
determine. 

Section 2. From Ten Pound Island to Five Pound certainpassage 
Island, a sufficient passageway of not less than two hun- open. 
dred feet in width on the northerly side of said harbor, 
leaving Babson's Ledge buoy on the port hand going in, 
and a passageway of not less than one hundred and fifty 
feet in width from any wharf in Upper Cove, Smith's 
Cove and Harbor Cove in said harbor, shall be at all 
times kept open for the passage of vessels ; and no vessel 
shall be anchored or allowed to lie at anchor in said 
passageways or in the track of the ferry boats regularly 
running in said harbor. 

Section 3. At least one man shall at all times be kept a man to be on 
on board each vessel at anchor in said harbor ; and a clear seiTHgH^e'c!*' 
and distinct light shall be kept suspended not less than 
six feet above the deck of every such vessel during the 
night. 

Section 4. For each violation of the provisions of this Penalty. 
act, the owners or master of the vessel concerned, as well 
as the person or persons directly ofiending, shall be liable 
to a penalty of twenty dollars, to be recovered by com- 
plaint or indictment to the use of said city ; and shall 
also be liable in an action of tort to any person sufiering 
damage by reason of such violation. 



774 



1885. — Chapters 316, 317. 



Repeal of i8n3, Section 5. Chapter three hundred and sixty- five of 
the acts of the year eighteen hundred and fifty-three, 
entitled "An Act rehiting to the Harbor of Gloucester," 
and chapter one hundred and forty three of the acts of the 
year eighteen hundred and sixty-nine, being an act to 
amend said hist named act, are hereby repealed ; but such 
repeal shall not aflTect the tenure of ofiice of the present 
harbor master of said city, who shall have the same powers 
and duties as if appointed under this act. 

Section G. This act shall take eflfect upon its passage. 

Aiiproved June 11, 18S5. 

(J]iar),o\Q -^^ ^^^ '^^ PUNISH PERSONS MAKING DISCRIMINATION IN PUBLIC 
PLACES ON ACCOUNT OF RACE OR COLOR. 

Be it enacted, etc., as follows : 

Section 1. Whoever makes any distinction, discrim- 
ination or restriction on account of color or race, or except 
for good cause in respect to the admission of any person 
to, or his treatment in, any theatre, skating rink or other 
public place of amusement, whether such theatre, skating 
rink or place be licensed or not, and whether it be required 
to be licensed or not, or public conveyance, public meet- 
ing or inn, whether licensed or not licensed, shall be pun- 
ished by fine not exceeding one hundred dollars. 

Section 2. Section sixty-nine of chapter two hundred 
and seven of the Public Statutes is hereby repealed : pro- 
vided, that nothing herein contained shall in any way 
affect any case or process, civil or criminal, now pending, 
or affect the liability of any person for any act committed 
before this act takes effect. Approved June 11, 1885. 



Discrimination 
in public places 
on account of 
race or color. 
Penalty. 



Repeal. 



Ch(l7).i^\7 ^^ ^^'^ MAKING AN ADDITIONAL APPROPRIATION FOR THE EXPENSES 
OF LEGISLATIVE COMMITTEES OF THE PRESENT LEGISLATURE. 

Be it enacted, etc., as follows: 
Appropriation. Section 1. Thc sum hereinafter mentioned is appro- 
priated, to be paid out of the treasury of the Common- 
wealth, from the ordinary revenue, to meet expenses of 
sundry legislative committees of the present legislature, 
to wit : — 

For authorized expenses of committees of the present 
legislature, to include clerical assistance and stenograph- 
ers to committees authorized to employ the same, a sum 
not exceeding six thousand five hundred dollars. 

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

Approved June 11, 1885. 



E.^penses of 
committees. 



1885. — Chapters 318, 319,. 320. 775 

An Act to establish the salary ob^ the judge of probate ni^r,^^ QiQ 

AND insolvency FOR THE COUNTY OF DUKES COUNTY. ^ 

Be it enacted, etc., as follows: 

Section 1. The judge of probate and insolvency for sahuy estab- 
the county of Dukes County shall receive an annual salary 
of six hundred dollars. 

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

Approved June 11, 18S5. 
An Act to provide paper for the superintendent of the f^jj^j^ Q^Ci 

MASSACHUSETTS REFORMATORY FOR CERTAIN PRINTING FOR DE- -^ 

PARTMENTS OF THE STATE GOVERNMENT. 

Be it enacted, etc., as follows: 

Section 1. The secretary of the Commonwealth is Paper for print 
hereby authorized to furnish to the superintendent of the JTished'tfl Mas- 
Massachusetts reformatory, from the paper purchased formatory." 
by him in accordance with the provisions of chapter fifty- 
six of the resolves of the year eighteen hundred and 
eighty-two, such paper as may be needed by said super- 
intendent for filling any orders which may be received by 
him from any department of the state government for 
such printing as is not included in the contract with the 
state printers. 

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

Ap)proved June 11, 1885. 
An Act to provide for the removal op insane prisoners rij^f^y. qon 

FROM the MASSACHUSETTS REFORMATORY. ^ ' 

Be it enacted, etc. , as follows : 

Section 1. When any prisoner confined in the Massa- Removal of in- 
chusetts reformatory appears to be insane, the superin- from^heMall-i 
tendent shall notify one of the persons designated in ciui setts reform - 
accordance with the provisions of section ten of chapter 
two hundred and twenty-two of the Public Statutes, who 
shall, with the physician of said reformatory, examine 
said prisoner and report to the governor the result of their 
investigation. If upon such report the governor deems 
the prisoner insane and his removal expedient, he shall 
issue his warrant directed to the superintendent author- 
izing him to cause the prisoner to be removed to one of 
the state lunatic hospitals, there to be kept until, in the 
judgment of the superintendent and trustees of the hospi- 



776 



1885. — Chapters 321, 322. 



Order of remov- 
al may be exe- 
cuted by officer 
authorized to 
serve criminal 
process. 



Return to tal to wbich he may be committed, he should be returned 

reformatory. -^ ' 

to the rerormatory. vV hen the superintendent and trustees 
of the hospital have come to such judgment, the fact shall 
be certified upon the warrant of the governor, and notice 
shall be given to the superintendent of said reformatory, 
who shall thereupon cause the prisoner to be reconveyed 
to the reformatory, there to remain pursuant to the origi- 
nal sentence, computing the time of his detention or 
confinement in the hospital as part of the term of his 
imprisonment. 

Section 2. Any officer authorized to serve criminal 
process may execute an order for the removal of a prisoner 
to or from said reformatory under the provisions of the 
preceding section. The person making such examination 
of a prisoner under the preceding section shall, if he is 
not a salaried officer of the state board of health, lunacy 
and charity, receive for his services his actual travelling 
expenses and three dollars a day for each day so employed, 
which shall be paid from the annual appropriation of the 
reformatory. 

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

Approved June 11, 1885. 

An Act to permit a clerk of the superior court and of 
the municipal court of the city of boston to imprint a 
fac-simile of his signature upon processes issued by him. 

Be it enacted, etc., as follows: 

Section 1. A fac-simile of the signature of any clerk 
of the superior court, and of any clerk of the municipal 
court of the city of Boston, imprinted by him upon any 
writ, summons, orders of notice to appear and orders of 
attachment, except executions, shall have the same validity 
as his written signature. 

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

Approved June 11, 1885. 
Oh an S22 ^^ ^^^ ^^ increase the criminal jurisdiction of district 

^ ' and POLICE COURTS. 

Be it enacted, etc., as follows. • 

fended to au *^" Thc Original jurisdiction of all district and police courts 
crimes under in addition to thc jurisdiction otherwise conferred, shall 
egreeo e ony. jj-j^j^jj^ g^jj cj-imcs uudcr thc degree of felony, except con- 
spiracies and libels and cases where a prosecution by 



Chap.321 



May imprint 
fiic-simile of 
signature. 



1885. — Chapter 323. 777 

indictment or information is required by law. Tiie juris- 
diction hereby conferred upon district and police courts 
shall, in the judicial district of each of said courts, be 
exclusive of the jurisdiction of any other district, police 
or municipal court or trial justice ; but an offence com- 
mitted on the boundary line of two of such districts, or 
within fifty rods of such line, may be alleged to have been 
committed and may be prosecuted and punished in either 
district. Each of said courts may impose the same penal- penalties. 
ties that may be imposed by the superior court in like 
cases. App7'oved June 11, 1885. 

An Act to establish a board of police for the city of (7/^f;jr).323 

BOSTON. 

Be it enacted, etc., as follows: — 

Section 1. The governor of the Commonwealth with Board of poUce 

,. T fi Mill • f for City of Bo8- 

the advice and consent oi the council shall appomt trom toiitobeap- 
the two principal political parties three citizens of Boston governor/ 
who shall have been residents therein two years immedi- 
ately preceding the date of their appointment, who shall 
constitute a board of police for said city, and who shall 
be sworn before entering upon the duties of their ofiice. 
One member of said board shall be designated by the 
governor as chairman, and two shall constitute a quorum. 
Their terms of ofiice shall be so arranged and designated 
at the time of appointment that the term of one member 
shall expire on the first Monday of May, eighteen hundred 
and eighty-eight, one on the first Monday of May, eighteen 
hundred and eighty-nine, and one on the first Monday of 
May, eighteen hundred and ninety. The full term of 
office, after these dates, shall be five years, and all vacan- 
cies occurring after the passage of this act shall be filled 
by the governor with the advice and consent of the coun- 
cil. The members of said board may be removed by the Members of the 
governor with the advice and consent of the council for remo'l^?^ ^^ 
such cause as he shall deem sufficient and shall express 
in the order of removal. The board of police shall ap- 
point a clerk, who shall be sworn, who shall keep a record cierktokeep 
of all proceedings, issue all notices and attest all such ceedings. ^'° 
papers and orders as said board shall direct, whose term 
of office shall be five years, but who may be removed by 
said board for such cause as it shall deem sufficient and 
shall express in its order of removal. 



778 



1885. — Chapter 323. 



Board to ap- 
poiut and organ- 
ize police. 



Members of 
police to con- 
tinue in office. 



Salaries of com- 
miseioners. 



Expenses to he 
paid by the city 
of Boston. 



Number of 
patrolmen. 



Section 2. The board of police shall have authority 
to appoint aud establish and oro^anize the police of said 
city of Boston, and make all needful rules and regulations 
for its efficiency. All the powers now vested in the board 
of police commissioners in said city of Boston, by the 
statutes of the Commonwealth or by the ordinances, by- 
laws, rules and regulations of said city, except as other- 
wise hereby provided, are hereby conferred upon and 
vested in said board of police. 

Section 3. The members of the Boston police force 
in office when the said board of police are first appointed 
shall continue to hold their several offices until removed 
or placed on the retired list by the said board ; and the 
present rules and regulations of the board of aldermen for 
the government of the police shall continue in force until 
otherwise ordered by said board of police. All police 
officers appointed by said board of police hereby created 
shall have and exercise within the limits of said city all 
the common law and statutory powers of constables, 
except the service of civil process, and shall have all the 
powers given to the police as watchmen by the statutes of 
the Commonwealth, the laws relating to said city or by 
any ordinances thereof. 

Section 4. The annual salary of the chairman of said 
board of police shall be four thousand five hundred dollars, 
that of the other members four thousand dollars, of the 
clerk two thousand five hundred dollars, which shall be 
paid monthly from the treasury of the city of Boston. 
Said officers shall not engage in any other business. The 
board of police with the approval of the governor and 
council shall be provided with such rooms as shall be 
convenient and suitable for the performance of its duties, 
the rent of which shall be paid by the city of Boston. 
The said city of Boston shall provide all such suitable 
accommodations for the police of said city as said board 
shall require, and all buildings and property used by said 
police shall be under the control of said board. All ex- 
pense for the maintenance of buildings, the pay of the 
police and all incidental expenses incurred in the adminis- 
tration of the said police shall be paid by the city of Bos- 
ton upon the requisition of said board. 

Section 5. Said board of police shall not appoint any 
larger number of patrolmen than the present police com- 
missioners of said city are now authorized to appoint, 



1885. — Chapter 324. 779 

except as authorized by said city, nor shall the pa}' of the 
police be increased or diminished except by the concur- 
rent action of said city and said board of police. 

Section 6. In case of tumult, riot or violent disturb- ^"^yZ^^Llt'el 
ance of public order, the maj'or of said city shall have, as by mayor in 

I • 'I"*! i • ji * \ a. J. case 01 riot, etc. 

the exigency m his judgment may require, the right to 
assume control for the time being of the police of said 
city ; but before assuming such control he shall issue his 
proclamation to that effect, and it shall be the duty of the 
board of police to execute all orders promulgated by him 
for the suppression of such tumult and the restoration of 
such order. 

Section 7. The board of police shall make a detailed ^^^0^°^^,^?- 
report of its doings quarterly to the mayor of said city, teriy, and to ibe 

•^ ^ ■*■ 1 . governor an- 

and annually to the governor of the Commonwealth, in nuaiiy. 
the month of December. The records of said board of 
police shall at all times be open to the inspection of the 
governor of the Commonwealth, the mayor of said city or 
to such persons as may be designated by them. 

Sect. 8. Nothing herein shall affect the enforcement ciyii service 

• • /» 11111 J. ly J'ul'^s not to be 

or the provisions of chapter three hundred and twenty ot aflfected. 
the acts of the year eighteen hundred and eighty-four, 
being an act to improve the civil service of the Common- 
wealth and the cities thereof, or of the rules made by the 
commissioners appointed thereunder. 

Section 9. This act shall take effect upon its passage. 

Approved June 12, 1885. 
An Act concerning tue salary of the late mattiiew j. (7/3f^7).324 

McCAFFERTY. 

Be it enacted, etc., as follows: 

Section 1. The board of aldermen of the city of Bos- salary for the 
ton acting as county commissioners are authorized to pay ye?r'"ma.rbe^*^^ 
to the family of Matthew J. McCafferty, late an associate i^id to family. 
justice of the municipal court of the city of Boston, the 
balance of the salary as such justice for the year eighteen 
hundred and eighty-five to which he would have been 
entitled had he lived and continued to be such justice 
during the remainder of said year. 

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

Approved June 15, 1885. 



780 1885. — Chapters 325, 326. 

ChCW.325 ^^ ^^^ AUTHORIZING THE COUNTY COMMISSIONERS OF WORCESTER 
COUNTY TO CAUSE TO BE MADE COPIES OF CERTAIN RECORDS IN 
REGISTRIES OP DEEDS IN CERTAIN CASES. 

Be it enacted^ etc. , as follows : 

Copies of cer- SECTION 1. The couuty comQiissioners of Worcester 
may be made. Countj may havc made, under their direction, copies of 
records or parts of records recorded in one district and 
relating to titles to land in the other district, covering 
such period of time as they may deem necessary and expe- 
dient, not exceeding twenty years prior to August first, 
eighteen hundred and eighty-four, at an expense not 
exceeding thirty-five hundred dollars ; and such copies so 
made shall be deposited in the registry of deeds for the 
district to which such records relate, to be there kept by 
the respective registers of deeds as other books of record 
are kept by them. 
PersonB making Section 2. The pcFsons employed to make such 
sworn. copies shall be sworn to the faithful discharge of their 

duties, and shall certify the copies made by them as afore- 
said. Their compensation shall be fixed by said commis- 
sioners, and shall be paid out of the county treasury. 
Copies from the SECTION 3. Cowics from the copies made, certified 

copies made, to . , f -tiiii i ti 

be evidence, etc. aud dcpositcd, as bciore provided, shall, when duly 
certified by the register of deeds in whose registry they 
are deposited, be admitted in evidence in the same man- 
ner as other copies from such registry. 

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

Approved June 15, 1885. 



Chap 



.326 ■^^ -^^^ ^^ PREVENT THE CONSTRUCTION OF WOODEN FLUES FOR 
HEATING OR VENTILATING PURPOSES. 



Be it enacted, etc., asfollotos. 



Wooden flues, Section 1. No woodcu fluc or air duct to be used for 
placed in certain heating: or Ventilating purposes shall hereafter be placed 

public build- . u-u- 4. O^^ . •.•1-4.1 

ings. m any building two or more stories in height, to be occu- 

pied wholly or in part as a church, school, hotel, theatre 
or other place of public assembly. 

Penalty. SECTION 2. Whocvcr violutcs the provisions of this 

act shall be punished by a fine not exceeding three hun- 
dred dollars. Approved June 15, 1SS5. 



1885. — Chapters 327, 328. 781 

An Act in addition to an act to establish an agricultural (JJiart,^^ 

EXPERIMENT STATION. 

Be it enacted, etc., as follows: 

Section 1. There shall be paid out of the treasury of ^ass^chSseus 
the Coinmonvvealth, to the treasurer of the board of con- agricultural 
trol of the Massachusetts agricultural experiment station suufon'"'^" 
at Amherst, the sum of five thousand dollars annually in 
regular quarterly instalments, for the proper maintenance 
of said experiment station ; the said sum to be in addition 
to the amount allowed for the same purpose by section 
six of chapter two hundred and twelve of the acts of the 
year eighteen hundred and eighty-two. 

Section 2. This act shall take effect upon its passage. 
" Approved June 15, 1S85. 



Chap.32S 



An Act to authorize the cambridgeport parish, the third 
congregational society in cambridge and the lee street 
church in cambridge, to unite. 

Be it enacted, etc., as folloivs: 

Section 1. The Cambridgeport Parish, the Third corporations 
Congregational Society in Cambridge and the Lee Street 
Church in Cambridge are hereby authorized to unite with 
each other, upon such terms as may be mutually agreed 
upon by the vote of said corporations at meetings called 
for that purpose ; and such votes so passed by said corpo- 
rations respectively shall be effectual to unite said corpo- 
rations within the intent and meaning of this act. 

Section 2. The name of the united corporation au- Name to be the 
thorized by this act shall be the Third Congregational JaUonS°sfdety 
Society in Cambridge, and said corporation shall have i" Cambridge. 
and enjoy all the franchises, powers, privileges, property 
and rights of every kind belonging to the Cambridgeport 
Parish, the Third Congregational Society in Cambridge, 
now so called, and the Lee Street Church in Cambridge, 
or either of them, and shall assume and be subject to all 
the duties, debts and liabilities of said corporations, and 
shall be subject to all general laws which now are or here- 
after may be in force relating to religious corporations. 

Section 3. The first meeting of the corporation hereby First meeting of 
authorized to be established may be called by the chair- <'°''p°'^''''°°- 
men of the standing committees of said existing corpora- 
tions, or by any two of them, and notice shall be given 
of the time and place of said meeting by posting up a copy 



tablishmeiit of 
corporation. 



782 1885. — Chapter 329. 

of said call upon the principal outer door of the meeting 

house of each of said existing corporations seven days at 

least before the day of said meeting ; and a certificate, 

signed and sworn to by the major part of said chairmen 

and recorded by the clerk of said united corporation upon 

its book of records, that such notice was given shall be 

evidence thereof. 

Books and SECTION 4. The books of records, and other books 

property of and papcrs of said existing corporations shall be and 

urn e corpora- j.gj^.^j^ ^|jq property aud under the control of said united 

Evidence of es- corporatiou ; and a certified copy of the vote of each of 

said existing corporations agreeing to the union authorized 

by this act, sworn to by its clerk and recorded in the 

registry of deeds for the southern district of Middlesex 

County shall be evidence of the establishment of said 

united corporation. 

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

Approved June 15, 1885. 

GhCLT) 329 "^^ ^*^^ ^^ RELATION TO THE CENTRAL MASSACHUSETTS RAILROAD 

COMPANY. 

Be it enacted, etc., as follows: 

Trustees of SECTION 1. Samuel N. Aldrich, Thomas H. Perkins 

Central Rail- aud Hcury Woods, purchasers and holders in trust of the 
of centrai^'Mas"' frauchise, railroad and other property of the Massachusetts 
road"mty*cou'^" Central Railroad Company, pursuant to chapter sixty- 
tract with f(^ur of the acts of the year eighteen hundred and eighty- 
connecting rail- -II. • • -t 1 
road to perform three, they and their successors m said trust are hereby 

portation!' authorized, with the assent of the directors of the Central 
Massachusetts Railroad Company, to contract with any 
railroad corporation whose railroad connects with, inter- 
sects or crosses the railroad of said Central Massachusetts 
Railroad Company, that such corporation shall perform 
all the transportation of persons and freight upon and 
over that portion of said railroad between North Cam- 
bridge and either Jefferson's, so called, in the town of 
Holden, or some point in the town of Barre, as may be 

Contracting cor- fouud expedient: provided, however, that the corporatiou 

porations to pay * i- . ,. .i U 11 * l li 

operating ex- SO coutractiug to opcratc the same shall agree to bear all 
penses. Operating expenses of every description, including taxes, 

and to pay the interest charges upon such sum of money 
as may be required to satisfy claims for land taken or 
bought for said portion of said railroad, including taxes 
in arrears, and to put the same in good running order; 



1885. — Chapter 329. 783 

and provided, further, that said contract shall reserve to Proviso. 
said trustees and their successors, and to said directors, 
the right to terminate the same at the expiration of a 
period not exceeding six mouths from the service upon 
the other contracting party of a notice in writing of their 
intent so to terminate the same. 

Section 2. If a contract shall be made as authorized piu'[ngoodr\^n. 
in the preceding section, said trustees and their successors ni'ig order. 
may cause the portion of said railroad covered by said 
contract to be put in good running order, and may cause 
all claims and liabilities on account of land taken or 
bought for the same, including taxes in arrears, to be 
satisfied and discharged ; and they may raise money for 
those purposes by issuing certificates of indebtedness to certificates of 
such an amount as said directors shall approve, but in no '° ® ^ °^^*" 
event to exceed the sum of two hundred thousand dollars. 
Said certificates shall be of the denomination of one thou- 
sand dollars each, and shall be dated at such time or times, 
and be payable at such period or periods, not less than 
two years nor more than five years from the date thereof, 
and shall bear interest at such rate or rates, and shall be 
issued upon such other terms and conditions as said trus- 
tees and their successors may determine. The money 
raised by the issue of said certificates shall be received by 
said trustees and their successors, and shall be by them 
applied to the purposes herein before specified, and to no 
other. Said certificates shall be a first lien upon that To be lien upm 
portion of said railroad which may be operated under the p°''''^'^° 
provisions of this act ; and in case of any default in the 
payment of the interest due upon the same, or of the 
principal, or of any part thereof, it shall be the duty of 
said trustees and their successors to sell said portion of 
said railroad, or so much thereof as may be necessary, 
with all the franchise and privileges thereto belonging, 
and to apply the proceeds to the satisfaction of the 
indebtedness so due and unpaid. But no such sale shall 
be made unless default in the payment of such principal 
or interest shall continue for three months, nor until 
notice of such intended sale shall have been published 
three times a week, for three successive weeks preceding 
such sale, in two newspapers published in the city of 
Boston. 

Section 3. In the event that said trustees or any of vacancy in 
them shall die, resign, or from any cause fail or be unable 
to fulfil the duties imposed upon thera by this act, or by 



784 



1885. — Chapter 329. 



Mortgage bonds 
of Central 
Massachusetts 
Railroad may 
be used, etc. 



Time for con- 
struction ex- 
tended. 



Trustees to 
make annual 
report to rail- 
road commis- 
sioners. 



Powers of 

trustees to be 
exercised by 
Central Massa- 
chusetts upon 
conveyance of 
trust property. 



When to take 
effect. 



chapter sixty-four of the acts of the year eighteen hundred 
and eighty-three, a successor or successors may be chosen 
by the directors of said company. In all cases the acts of 
any two of them or their successors shall have the same 
force and validity as the acts of all. 

Section 4. The mortgage bonds which the Central 
Massachusetts Railroad Company is authorized to issue, 
under chapter sixty-four of the acts of the year eighteen 
hundred and eighty-three, may be used so far as neces- 
sary to pay the certificates of indebtedness authorized by 
this act, and to discharge and remove any other liabilities 
or incumbrances necessary to be removed in order to con- 
firm the title of the trustee or trustees of the mortgage 
securing said bonds. 

Section 5. The time within which the Central Mas- 
sachusetts Railroad Company may locate and construct its 
railroad is hereby extended to the first day of May, in the 
year eighteen hundred and eighty-nine ; and all acts and 
parts of acts conferring franchises, rights, powers and 
immunities upon said company are hereby continued in 
force. 

Section 6. Said trustees and their successors shall 
make and transmit to the board of railroad commissioners, 
on or before the first day of September next, a report of 
their doings as such trustees, from the inception of their 
trust to that date ; said report shall specify their receipts, 
expenditures and claims as such trustees, and all other 
particulars respecting the trust property required by said 
board to be included in the annual returns of railroad cor- 
porations. Thereafter a similar report for each year end- 
ing on the thirtieth day of September shall be in like 
manner made and transmitted. 

Section 7. All the powers and authority given to said 
trustees and their successors by sections one and two of 
this act may, upon said trust property being conveyed to 
said Central Massachusetts Railroad Company, be exer- 
cised and enjoyed by said company. 

Section S. Sections three, four, five and six of this 
act shall take effect upon its passage, and all the other 
provisions of this act shall take effect upon its acceptance, 
at a meeting to be called for the purpose, within six 
months from its passage, by a majority of the preferred 
stockholders of said Central Massachusetts Railroad Com- 
pany present and voting at said meeting by stock vote. 

Approved June 15, 1885. 



1885. — Chapter 330. 785 

An Act to pkovide a building for the state normal art school. (7/ian.330 
Be it enacted^ etc., as folloivs: 

Section 1. Within thirty days after the passage of Land jn Boston 
this act the harbor and land commissioners shall convey to bo;.rd of 
to the state board of education and its successors in trust trust, for the 
for the Commonwealth the following described lot of land an'rchoo"!'* 
situated upon the Back Bay, so called, in the city of Bos- 
ton, viz. : — Beginning at a point on the southerly line of 
Newbury Street and on the westerly line of Exeter Street, 
thence southerly and on the said westerly line of said 
Exeter Street one hundred and twelve feet to a passage 
way sixteen feet wide; thence westerly on the northerly 
line of said passage way one hundred and thirty-nine 
feet ; thence northerly and parallel to the course first de- 
scribed one hundred and twelve feet to the southerly line 
of Newbury Street aforesaid ; thence easterly on said 
southerly line of said Newbury Street one hundred and 
thirty-nine feet to the point of beginning ; containing fifteen 
thousand five hundred and sixty-eight square feet of land. 
Also all that part of said passage way sixteen feet wide 
that lies northerly of its centre line and between the east- 
erly and westerly lines of said premises extended, refer- 
ence being had to the plan recorded with Suffolk deeds at 
the end of liber eight hundred and eighty-five : provided, Proviso. 
that said land thus conveyed shall be subject to the provi- 
sions of section two of chapter forty-one of the Public 
Statutes and acts in amendment thereof. 

Section 2. There shall be allowed and paid out of the Allowance for 
treasury of the Commonwealth, to be expended under the suaawrbuud- 
direction of the board of education in the erection, upon *"^' 
the lot of land described in section one, of a suitable 
building for the use of the state normal art school, a sum 
not exceeding eighty-five thousand dollars : provided, 
that the plans for said building shall conform to the 
restrictions contained in the deeds heretofore given by 
the Commonwealth to private purchasers of land on New- 
bury Street and Exeter Street, and shall be approved by 
the governor and council. 

Section 3. So much of chapter two hundred and Repeal. 
twenty-three of the acts of the year eighteen hundred and 
eighty, and of chapter one hundred and twenty-eight of 
the acts of the year eighteen hundred and eighty-three, 
as conflict herewith, are repealed. 

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

Approved June 16, 1885. 



786 1885. — Chapters 331, 332, 333. 

CJian.Sol "^^ ^^^ '^^ AUTHOUIZE XnE TOWN OF ACTON TO REFUND CERTAIN 

TAXES. 



Be it enacted, etc., as follows : 
JeZrTd'^enain Section 1. The treasurer of the town of Acton is 
taxes. authorized and directed to repay out of the treasury of 

said town to the taxpayers thereof the amounts paid by 
them respectively into the treasury of said town under the 
provisions of chapter ninety-three of the acts of the year 
eighteen hundred and eighty-two, entitled an act to au- 
thorize the town of Acton to pay certain bounties. 

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

Approved June 16, 1885. 

C/i«7?.332 ^^ ■^^'^ REQUIRING physiology AND HYGIENE TO BE TAUGHT IN 

THE PUBLIC SCHOOLS. 

Be it enacted, etc., as follows : 

hyliene^ufbe"^ SECTION 1. Physiology aud hygiene, which, in both 

tHiightinthe dlvlsious of the subjcct, shall include special instruction 
as to the effects of alcoholic drinks, stimulants and nar- 
cotics on the human system, shall be taught as a regular 
branch of study to all pupils in all schools supported 
wholly or in part by public money, except special schools 
maintained solely for instruction in particular branches, 
such as drawing, mechanics, art, and like studies. All 
acts or parts of acts relating to the qualifications of 
teachers in the public schools shall apply to the branch of 
study prescribed in this act. 

Penalties. SECTION 2. All penalties now fixed for neglect to pro- 

vide instruction in the branches of study now prescribed 
by law shall apply to the branch of study prescribed in 
section one. 

To take effect SECTION 3. This act shall take effect on the first day 
"^ ' of August in the year eighteen hundred and eighty -five. 

Approved June 16, 1885. 

C/? 0^7^.333 -^^ ^^"^ "^^ AMEND THE CHARTER OF THE BELMONT SAVINGS BANK. 

Be it enacted, etc., as folloios : 
amended. SECTION 1. Chapter fifty-fivc of the acts of the year 

one thousand eight hundred eighty-five, being the act to 
incorporate the Belmont Savings Bank, is hereby amended 
by striking out in section one, line one, the words 
" Josiah H. Kendall" and inserting in place thereof the 
words Josiah S. Kendall. 

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

Approved June 18, 1885. 



1885. — Chapters 334, 335, 33G. 787 

An Act to authorize the railkoad commissioners to forbid z^/,^^ SS4- 

OR REGULATE THE SOUNDING OF LOCOMOTIVE WHISTLES IN CEU- ^ ' 

TAIN CASES. 

Be it enacted, etc. , as follows : 

Section 1. The board of railroad commissioners may soundingof 

1 1 • •, • /• 1 1 J -^ • whistles on 

by an order in writing, lor ffood cause shown, on petition locomotives 
and after notice to any railroad company and a public toAy'^raUmlTd 
hearinof had thereon, forbid or resjulate the sounding; of commissionurs. 
whistles on the locomotives of such company at any speci- 
fied grade crossing or crossings of the tracks of such 
company with any highway or public way within this 
Commonwealth. The railroad company in relation to 
which such order is made shall thereafter, until the same 
shall be modified or annulled by said railroad commission- 
ers, conform in all respects to the terms of such order. 
Section 2. This act shall take effect upon its passage. 

Approved June 18, 1885. 

An Act to confirm the proceedings op the town meeting nhnr) 335 

OF THE TOWN OF CARLISLE. 

Be it enacted, etc., asfolloios: 

Section 1. The proceedinofs of the town meetinij of Proceedings 
the town of Carlisle, held on the sixteenth day of March 
in the year eighteen hundred and eighty-five, in raising 
and appropriating two hundred dollars to dedicate a 
soldiers' monument in said town, are hereby ratified and 
confirmed. 

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

Approved June 18, 1885. 

An Act to authorize the town of melrose to make an ni^f^j^ QQi'J 

ADDITIONAL WATER LOAN. ^ * 

Be it enacted, etc., as follows : 

Section 1. The town of Melrose, for the purposes Meirose water 
mentioned in section three of chapter one hundred and ^'"'°" 
sixty of the acts of the year eighteen hundred and seventy, 
may issue bonds, notes or scrip to an amount not exceed- 
ing thirty-seven thousand dollars in addition to the amounts 
heretofore authorized by law to be issued by said town for 
the same purposes : provided, that the whole amount of 
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 one 



788 1885. — Chapter 337. 

hundred and eighty-seven thousand dollars ; such bonds, 
notes and scrip shall bear on their face the words " Mel- 
rose Water Loan, Act of 1885" ; shall be payable at the 
expiration of periods not exceeding thirty years from the 
date of issue ; shall bear interest payable semi-annually, 
at a rate not exceeding six per centum per annum, and 
shall be signed by the treasurer and be countersigned by 
the water commissioners of the town. The said town 
may sell such securities at public or private sale, or 
pledge the same for money borrowed for the purposes of 
this act, upon such terms and conditions as it may deem 
proper. 
Provisions of SECTION 2. The provisions of Said chapter onc hundrcd 

apply. ' and sixty shall be applicable to this act except as herein 

otherwise provided. 

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

Ap])roved June 18^ 1885. 

OJldT) 337 -^^ -^^^ RELATING TO THE RECOUDS, FILES, PAPERS AND DOCU- 
MENTS IN THE DEPARTMENT OF THE SECRETARY OF THE COM- 
MONWEALTH. 

Be it enacted, etc., asfolloios: 

Preservation of SECTION 1. Thc Secretary of the Commonwealth is in- 
the department structcd to procecd, iH accordaucc with the recommenda- 
of theCommoZ. tioHs of the commissiou appointed under the authority of 
wealth. chapter sixty of the resolves of the year eighteen hundred 

and eighty-four, to render the contents of the records, 
files and documents in the department of the secretary of 
the Commonwealth, down to those of the year eighteen 
hundred, more accessible for examination, inspection and 
reference, and to adopt such means for their better 
preservation as he may deem expedient. 
Commission to SECTION 2. Said commissiou is hereby continued, to 
serve without pay, and is authorized to advise the secre- 
tary as to the work provided for in section one ; and in 
case of a vacancy in said commission the governor with 
the advice and consent of the council shall appoint a 
suitable person to fill the same. 
Allowance for Section 3. There shall be allowed and paid out of 
the treasury of the Commonwealth each year, to be ex- 
pended under the direction of the secretary of the Com- 
monwealth, for the purposes specified in this act, a sum 
not exceeding five thousand dollars : provided, that for 



serve without 
pay 



(xpenditures. 



1885. — Chapter 338. 789 

the remainder of the current year not exceeding one-half 
that sum shall be appropriated or expended. 

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

Approved June 18, 1S85. 

An Act concerning freight rates on the railroads in mas- (7/^(^i^,33g 
SAcnusETTS operated by the housatonic railroad company. 

Be it enacted, etc., as follows: 

Section 1. The board of railroad commissioners may, Freight rates 
after due notice to the Housatonic Railroad Company, a red\.y%uroad 
corporation organized under the laws of Connecticut and commissioners. 
operating in Massachusetts the railroads of the Berkshire 
Railroad Company, the Stockbridge and Pittsfield Rail- 
road Company and the West Stockbridge Railroad Com- 
pany, fix any or all rates for any freight transported on 
said roads, or any or either of them, between any points 
in Massachusetts. And the tariff so fixed shall be binding 
upon said Housatonic Railroad Company. And no higher 
rate or charge shall be received or demanded by said com- 
pany for the transportation of any such freight. • 

Section 2. Said board may fix a maximum charge commissioners 

/■•I • ^ • -\T 1 ii •! Di^y ^^ ^ maxi- 

and rate for any freight received in Massachusetts by said mum charge for 
Housatonic Railroad Company for transportation to and ■"'^'s*'^*"- 
delivery at any other point or place, and for any freight 
received by said company at any point or place for 
transportation to and delivery at any place in Massa- 
chusetts. And such order shall be binding upon said 
company. And said Housatonic Railroad Company shall 
not receive or demand any greater sum for such trans- 
portation and delivery than the amount so fixed as a 
maximum. 

Sections. The board may at any time by order Rate may be 
modify the rate or maximum fixed as above and such "^^ ' * ■ 
order shall have like effect as the original order. 

Section 4. The provisions of section one hundred provisions of 
and ninety-one of chapter one hundred and twelve of the toap'piy^'^^^ ' 
Public Statutes shall apply to any violation of any pro- 
vision of this act : provided, that nothing herein contained Proviso. 
shall be so construed as to release or affect any further 
liability, penalty or forfeiture which may have been 
incurred by the violation of any provision hereof. 

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

Approved Jane 18, 1885. 



790 1885. — Chapters 339, 340. 

C7ia79.339 -^^ ^^'^ concerning hospital treatment for certain persons 

SUBJECT TO dipsomania OR HABITUAL DRUNKENNESS. 

Be it enacted, etc., asfolloios: 

^r^l^m%%T^' Section 1. Whoever is given to or subject to dipso- 
sent to ineane maiiia, or liabltual drunkenness, whether in public or in 

hospitals for . ' , ' o y ^ • 

treatment. privatc, may be committed to one of the state lunatic 
hospitals : provided, however, that no such person shall be 
so committed until satisfactory evideuce is furnished to 
the judge before whom the proceedings for commitment 
are had that such person is not of bad repute or of bad 
character, apart from his habits of inebriety. 

LawB governing SECTION 2. The provisious of chapter eighty-seven of 

commitments i-r-»ii'o ~\ n roj 

of insane per. the Public Statutcs, aud of acts amendatory to such 

eons to hobpitale , , ... . ,i •, if • 

to apply. chapter, relative to the commitment or an insane person 

to a lunatic hospital, shall be applicable to, and shall 
govern the commitment of, any person under this act, 
except that in all proceedings relative to the commitment 
of any such person it shall be specifically alleged that he 
is subject to dipsomania, instead of alleging that he is 
insane. 

Laws relative to SECTION 3. All the laws relative to persons committed 

persons com- i 

mitted to apply, to luuatic hospitals on the ground of insanity shall apply 
to persons committed thereto under the provisions of this 
act : provided, that no person so committed shall be dis- 
charged therefrom unless it appears probable that he will 
not continue to be subject to dipsomania or habitual 
drunkenness, or that his confinement therein is not longer 
necessary for the safety of the public or for his own weltare. 
Section 4. This act shall take effect upon its passage. 

Approved June IS, 1885. 

(JJiap.34.0 ^^ ^^'^ '^'^ AUTHORIZE THE TOWN OF PITTSFIELD TO ISSUE SECURI- 
TIES TO RENEW ITS WATER LOAN. 

Be it enacted, etc. , as follows : 
pittsfieii Water SECTION 1. The towH of Pittsficld, for the purpose of 
renewing and paying certain water bonds issued on 
account of the fire district in said town, to the amount of 
one hundred thousand dollars, that is to say, fifty thou- 
sand dollars in bonds maturing and becoming payable in 
the year eighteen hundred and eighty-five ; fifteen 
thousand dollars in bonds maturing and becoming payable 
in the year eighteen hundred and eighty- seven ; and thirty 
thousand dollars in bonds maturing and becoming payable 



1885. — Chapter 340. 791 

in the year eighteen hundred and eighty-eight; and five 
thousand dollars in bonds maturing and becoming payable 
in the year eighteen hundred and eighty-nine ; issued 
under the authority of chapter two hundred and ten of 
the acts of the year eighteen hundred and fifty-two, and 
of chapter two hundred and one of the acts of the year 
eighteen hundred and sixty-six, and of chapter three 
hundred and fifty-five of the acts of the year eighteen 
hundred and sixty-nine, and of chapter forty- four of the 
acts of the year eighteen hundred and seventy-five ; may 
issue bonds, notes or scrip, to an amount not exceeding 
in the airgregate one hundred thousand dollars ; such 
bonds, notes or scrip shall bear on the face thereof the 
words " Pittsfield Water Loan, Act of 1885"; shall be 
payable at the expiration of periods not exceeding thirty 
years frcjm date of issue, may be issued at different times, 
or all at once, shall bear interest payable semi-annually at 
the rate of not exceeding six per centum per annum, and 
shall be signed by the treasurer and countersigned by a 
majority of the board of selectmen of the town : provided, 
that the fire district in said Pittsfield may, if it shall so 
determine, issue its own bonds, notes or scrip in manner 
above set out, in lieu of the town bonds. The fire dis- 
trict bonds, notes or scrip, if issued, shall be signed by 
the treasurer thereof and countersigned by a majority of 
the prudential committee and also by a majority of the 
water commissioners of said fire district, and shall also 
bear on their face the words " Pittsfield Fire District 
Water Loan, Act of 1885." 

Section 2. The said town or the said fire district, as May sen »ecuri 
the case may be, may sell such securities from time to 
time for money borrowed for the purposes of this act, 
upon such teims and conditions as it may deem proper: 
provided, that such securities shall not be sold or pledged Proviso. 
at less than the par value thereof, and the said town may 
loan said bonds on such terms as may be agreed, to said 
fire district. 

Section 3. The said town or the said fire district, as payments on 
the case may be, shall pay upon account of the principal deM,"rpguiated. 
sum of its debt incurred for the construction and main- 
tenance of water works, not less than the sum of five 
thousand dollars in each and every year for the five years 
next after the first day of April, eighteen hundred and 
eighty-six ; then not less than the sum of eight thousand 



792 1885. — Chapter 341. 

dollars in each and every year thereafter during a second 
l)eriod of five years; and thenceforward, after the expira- 
tion of said two periods of five years each, not less than 
the sum of ten thousand dollars in each and every year 
until all of said debt, both principal and interest, is fully 
paid and extinguished. 
metu'by tcfwnl SECTION 4. And In case the town of Pittsfield be 
amou.a may be called upon to puv either the principal or interest of any 

assessed upon /•.! ii . -, -, ,'. "■„ •ir> ^• • 

lire district. 01 the debt Hicurred under this act tor said fire district, 
then said town of Pittsfield is fully authorized hereby to 
Hssess in the next succeeding year by its board of 
assessors, and to collect upon the polls and estate, real and 
personal property legally taxable in said fire district, all 
taxes necessary to pay all such sums and interest which 
the said town has been called upon to pay, and to apply 
the same in payment thereof. 

If district fi.iis Section 5. And in case said fire district does not pay 

to p.iy expenses /? •, •• • n , . -^ 

and interest, irom its cxccss oi lucomc irom watcr I'atcs over its ex- 
a^essed.'""^ '^'^ pcuscs, OF froiii taxatiou, the sums required to be paid 
yearly by section third of this act, then the assessors of 
the said town are required and hereby authorized. to assess 
and collect as required by section four of this act all that 
portion of the debt for construction not paid which should 
have been paid by said fire district in the year prior to 
such assessment and collection, and to apply the same ac- 
cordingly in payment thereof. 
Subject to two. Section 6. The town of Pittsfield shall issue no bonds, 

thirds vote of . , , . i i • • *• i 

town and dis- notcs or scrip uudcr this act unless the issum^: oi the same 
is authorized by a two-thirds vote of the voters of said 
town present and voting thereon at any legal town meet- 
ing called for the purpose ; and said fire district shall issue 
no bonds, notes or scrip under this act unless the issuing 
of the same is authorized by a two-thirds vote of the 
voters of said fire district present and voting thereon at a 
legal fire district meeting called for the purpose. 

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

A2)237'oved June 18, 1885. 

CllCin.^AX An Act relating to wkecks and shipwrecked goods 

Be it enacted, etc. , as foUoivs : 

mTbl*f°-°^" Section 1. The governor with the advice and consent 

pointed. of the couucil may appoint in any county one or more 

commissioners of wrecks and shipwrecked goods, who 

shall be removable at the pleasure of the governor and 



1885. — Chapter 3J:1. 793 

council. No person shall receive a commission or exer- to give bond 
cise the office of commissioner until he has given to the ^" *'^'''^"*^*' 
treasurer of the Commonwealth a bond, with two sureties 
to be ap]:)roved by the governor and council, in the penal 
sum of three thousand dollars for the faithful performance 
of the duties of his office. Every person having a claim 
against such commissioner for a breach or neglect of his 
official duty may have a remedy therefor b}' a suit on his 
bond to be prosecuted in the name of the treasurer of the 
Commonwealth. 

Section 2. When a surety on the bond of such com- Relief of surety 
missioner desires to be relieved from liability thereon he the'bond.' "^ °° 
shall give a written notice of such desire to such commis- 
sioner and to the governor and council. The notice to 
such commissioner shall be served by an officer authorized 
to serve civil process who shall forward forthwith a certi- 
fied copy of the notice with his return thereon to the 
governor and council ; and at the end of thirty days from 
the tmie of such service the liability of such surety for 
the subsequent acts of such commissioner shall cesise. On 
the receipt of such notice by the governor and council 
they shall require a new bond to be given by such com- 
missioner within said thirty days ; and a failure so to fur- 
nish such bond shall render his commission void. 

Section 3. Every person now holding a commission Persons now 
as a commissioner of wrecks and shipwrecked goods shall 8ion8"rlqui?eT" 
be notified by the governor and council to furnish the bond to give bond. 
required by section one of this act within three months 
from the time when this act takes effect ; and the commis« 
sion of any commissioner who fails to comply with such 
notice shall, at the expiration of said three months, be 
void. All shij) wrecked goods or property heretofore re- 
ceived by commissioners and not sold and accounted 
for, and the proceeds of any such goods or property 
already sold, shall be disposed of under the provisions of 
this act within said period of three months. 

Section 4. Every commissioner, on receiving infor- charge of ship- 
mation of a shipwreck, or of the finding of shipwrecked Jro^'pMty. 
goods, or property of any kind, on any of the shores or 
waters within his county, or that have been brought within 
his county, shall, if the same are of the value of one hun- 
dred dollars or more, and may, if the same are of the 
value of less than one hundred dollars, immediately repair 
to the place where such property or goods are, and if the 



794 



1885. — Chapter 341. 



Perishable 
property may 
be sold. 



Other property 
to be retained 
for one year. 



Proviso. 



Coramisgioner 
to render ac- 
count of sales to 
treasurer of the 
Common- 
wealth. 



Treasurer may 
commence suit 
against commis- 
sioner upon 
failure to ac- 
count. 



Repeal. 



same are not in the custody of an owner or agent shall, 
if the same are of the value of one hundred dollars or 
more, and may, if the same are of the value of less than 
one hundred dollars, take charge thereof and preserve 
and secure the same for the owner. 

Section 5. When such property is of a perishable 
nature, or is damaged, or liable to be much reduced in value 
by keeping, or cannot be kept without groat and dispropor- 
tionate expense, and no owner or agent appears, it may 
be sold at public sale at the discretion of the commissioner 
in charge thereof. In all other cases such property or 
goods shall, if no owner, agent or other [)erson interested 
therein appears to claim the same, be retained for the 
period of one year, when, if no such owner, agent or other 
person interested therein appears to claim the same, it shall 
be sold at public auction to the best advantage, after no- 
tice duly advertised in some public newspaper published 
within the county : provided, however, that so much of 
any of such property or goods as is necessary to raise the 
amount of the expenses incurred thereon may be sold at 
public auction, after notice as aforesaid, at the expiration 
of three months. 

Section 6. Every commissioner who sells property or 
goods under the preceding section, if no owner, agent or 
other person interested therein establishes his claim thereto, 
shall within sixty days after such sale render to the treas- 
urer of the Comraonv\ealth a sworn detailed statement of 
the sales, with an account of all moneys paid by him for 
duties and the expenses incurred thereon ; and shall pay 
to the treasurer the balance of such account, for the use 
of the Commonwealth. 

Section 7. If a commissioner for the space of sixty 
days after the expiration of the time herein before limited 
for his accounting with the treasurer neglects to present 
the account provided for by the preceding section, and to 
pay and deliver the balance due thereon, the treasurer 
shall cause a suit to be commenced therefor for the use of 
the Commonwealth, and shall prosecute the same to final 
judgment and execution. 

Section 8. Sections one, two, eleven, twelve and 
fourteen of chapter ninety-seven of the Public Statutes 
are hereby repealed. Approved Jane IS, 1SS3. 



1885. — Chapters 342, 343. 795 

An Act relating to buying and selling pools or registeu- (7/i«7?.342 

ING bets. 

Be it enacted, etc., as follows: 

Section 1. Section eight of chapter ninety-nine of the Penaiiyfor 
Public Statutes is hereby amended so as to read as fol- s^nu'ipoouor 
lows: — Whoever keeps a building or room, or any part rtgistenng bets. 
of a building or room, or occupies any place with appara- 
tus, books or any device, for the purpose of registering 
bets, or of buying or selling pools, upon the result of a 
trial or contest of skill, speed, or endurance of man, beast, 
bird, or machine, or upon the result of a game, competition, 
political nomination, appointment or election, or whoever 
is present in any such place engaged in any such business 
or employment ; or being such keeper, occupant or person 
present as aforesaid registers such bets, or buys or sells 
such pools, or is concerned in buying or selling the same ; 
or, being the owner, lessee or occupant of a building or 
room, or part thereof, or private grounds, knowingly per- 
mits the same to be used or occupied for any such pur- 
pose ; or therein keeps, exhibits, uses or employs, or 
knowingly permits to be therein kept, exhibited, used or 
employed, any device or apparatus for registering such 
bets, or for buying or selling such pools, shall be pun- 
ished by imprisonment not exceeding one year, or by fine 
not exceeding two thousand dollars, or by both such fine 
and imprisonment. And whoever becomes the custodian Penalty on 

T ., f 1 • 1 • • custodian of 

or depositary, for hire, reward, commission or compensa- pools, etc. 
tion in any manner, of any pools, money, property, or 
thing of value, in any manner staked or bet upon any 
such result, shall be punished in like manner. 

Section 2. Section two of chapter two hundred and search for pool 
twelve of the Public Statutes is hereby amended by adding "° '''*• ^''=- 
thereto the following, viz. : — Eighth, To search for pool 
tickets or other materials unlawfully made, provided or 
procured for the purpose of buying or selling pools. 

Approved June 18, 1885. 



ChapMd 



An Act to incorporate the spkingfield safe deposit and 
trust company. 

Be it enacted, etc., as follows: 

Section 1. John G. Mackintosh, Charles E. Mack- spnngfieid safe 

T T-» HI I -r* o o 1 Deposit and 

intosh, Andrew L. l^ennessy, Samuel 13. Spooner, Samuel Trust com- 
Palmer, their associates and successors, are made a cor- rS. '°''°'^^" 
poration by the name of the Springfield Safe Deposit and 



796 



1885.— Chapter 343. 



Di'p08it8. 



Powers and 
duties. 



Amount of 
reserve to be 
had on hand. 



Courts may 
order deposits 
to be made. 



Proviso. 



Trust Company, to be located at Springfield, for the pur- 
pose of receiving on deposit, storage or otherwise, money 
in suras of one hundred dollars and upwards, government 
securities, stocks, bonds, coin, jewelry, plate, valuable 
papers and documents, evidences of debt and other prop- 
erty of every kind, and of collecting and disbursing the 
interest or income upon such of said propert}'^ received on 
deposit as produces interest or income, and of collecting 
and disbursing the principal of such of said property as 
produces interest or income when it becomes due, upon 
terms to be prescribed by the corporation ; and for the 
purpose of advancing money or credits on real and per- 
sonal security, on terms that may be agreed upon ; and 
all the powers and privileges necessary for the execution 
of this purpose are granted, subject nevertheless, to the 
duties, restrictions and liabilities set forth in the one hun- 
dred and fifth chapter of the Public Statutes, and in all 
the general laws which now are or hereafter may be in 
force relating to such corporations. 

Section 2. Such corporation shall at all times have 
on hand, as a reserve, in lawful money of the United 
States, an amount equal to at least fifteen per centum of 
the aggregate amount of all its deposits which are subject 
to withdravval upon demand or within ten days ; and 
whenever said reserve of such corporation shall be below 
such per centum of such deposits it shall not increase its 
liabilities by making any new loans, until the required 
proportion between the aggregate amount of such deposits 
and its reserve shall be restored : provided, that in lieu of 
lawful money, one-third of aaid fifteen per centum may 
consist of balances, payable on demand, due from any 
national bank doing business in this Commonwealth, and 
one other third of said fifteen per centum may consist of 
bonds of the United States or of this Commonwealth, the 
absolute property of such corporation. 

Section 3. Any court of law or of equity, including 
courts of probate and insolvency of this state, may by 
decree or otherwise direct any moneys or properties under 
its control, or that may be paid into court by parties to 
any legal proceedings, or which may be brought into 
court by reason of any order or judgment in equity or 
otherwise, to be deposited with said corporation, upon 
such terms and subject to such instructions as may be 
deemed expedient : provided, however, that said corpora- 



1885. — Chapter 343. 797 

tion shall not be required to assume or execute any trust 
without its own assent. Said corporation shall also have 
power to receive and hold moneys or property in trust or 
on deposit, from executors, administrators, assignees, 
guardians and trustees, upon such terms or conditions as 
may be obtained or agreed uj)on ; provided, also, that all investmentg. 
such moneys or property received under the provisions of 
this section shall be loaned on, or invested only in, the 
authorized loans of the United States, or of any of the 
New England states or cities, or counties or towns of this 
state, or stocks of state or national banks organized 
within this Commonwealth, or in the first mortgage bonds 
of any railroad company incorporated by any of the New 
England states which has earned and paid regular divi- 
dends on its stocks for two years next preceding such 
loan or investment, or in the bonds of any such railroad 
company unincumbered by mortgage, or in first mort- 
gages on real estate in this Commonwealth, or in any 
securities in which savings banks are allowed to invest, or 
upon the notes with two sureties, of manufacturing cor- 
porations created under the laws of this state, or of indi- 
viduals Avith a sufficient pledge as collateral of any of the 
aforesaid securities (but all real estate acquired by fore- 
closure of mortgages or by levy of execution, shall be 
sold at public auction within two years after such fore- 
closure or levy) ; provided, also, that all such money or Money invested 

, .-,-'. ^-1 , , , ^,. \, or loaned under 

property received, nivested or loaned under this section this section, to 
shall be a special deposit in said corporation, and the dep^osu!*"^' 
accounts thereof shall be kept separate, and such funds 
and the investment or loans of them shall be specially 
appropriated to the security and payment of such deposits, 
and not be subject to the other liabilities of the corpora- 
tion ; and for the purpose of securing the observance of 
this proviso, said corporation shall have a trust depart- 
ment, in which all business authorized by this section 
shall be kept separate and distinct from its general busi- 
ness! 

Section 4. The total liabilities to this corporation of |^™'*°f"'*^"' 
any person, firm or corporation, other than cities or 
towns, for money borrowed, including in the liabilities of 
a company or firm the liabilities of its several members, 
shall, at no time exceed one-fifth part of such amount 
of the capital stock of this corporation as is actually 
paid up. 



798 1885. — Chapter 343. 

Tomakescmi- SECTION 5. Said Corporation shall semi-annually make 

annual return to . i- . ^ . , , ■'. , . 

commissioners a rctum to the commissioners ot savings banks in this 
baukl!'**'* Commonwealth on or before the second Mondays of May 

and November, which shall be signed and sworn to by a 
majority of its board of directors; and said return shall 
specify the following, namely : capital stock ; amount of 
all moneys and property in detail in the possession or 
charge of said company as deposits ; amount of deposits 
payable on demand or within ten days ; trust funds or for 
purposes of investment ; number of depositors ; invest- 
ments in authorized loans of the United States or any of 
the New England states or cities or counties or towns, 
stating amount in each ; investments in bank stock, stat- 
ing amount in each ; investments in railroad stock, stating 
amount in each ; investments in railroad bonds, stating 
amount in each ; loans on notes of corporations, stating 
amount in each : loans on notes of individuals ; loans on 
mortgage of real estate; cash on hand; — all as existing 
at the date of making of such return ; with the rate, 
amount and date of dividends since last return. The 
commisfionerg commissioucrs of saviugs banks shall have access to the 
bookir eTcTand vaults, books and papers of the company, and it shall be 
Hsaflth-e"^ '°'° their duty to inspect, examine and inquire into its atftiirs, 
and to take proceedings in regard to them in the same 
manner and to the same extent as if this corporation was 
a savings bank subject to all the general laws which are 
now or hereafter may be in force relating to such institu- 
tions in this regard. Abstracts of such returns, showing 
the resources and liabilities of said corporation, in a form 
to be approved by said commissioners, shall be published 
in a newspaper in the city of Springfield, at the expense 
of such corporation at such times and in such manner as 
may be directed by said commissioners. 
y?^on»oi^''°' Section 6. Said corporation shall be subject to the 
p. s. 13. provisions of chapter thirteen of the Public Statutes, and 

any acts now existing, or which may hereafter be passed 
in amendment or lieu thereof. 
To make annual SECTION 7. Said corporatiou shall also annuall}^ be- 
coramission. r of twccu thc first and tenth days of May, return to the tax 
ertTheVrn"^ commissloncr a true statement, attested by the oath of 
^^^^^ some oflScer of the corporation, of all personal property 

held upon any trust on the iirst day of May, which would 
be taxable if held by an individual trustee residing in this 
Commonwealth, and the name of every city or town in 



1885. — Chapter 343. 799 

this Commonwealth where any beneficiary resided on said 
day, and the aggregate amount of such property then held 
for all beneficiaries resident in each of such cities and 
towns, and also the aggregate amount held for beneficia- 
ries not resident in this Commonwealth, under the pains 
and penalties provided in section fifty-four of chapter thir- 
teen of the Public Statutes and acts in amendment thereof, 
for corporations failing to make the returns provided by 
said act. Said corporation shall annually pay to the Payments into 
treasurer of the Commonwealth a sum to be ascertained "^ "'''''^"'■y- 
by assessment by the tax commissioner, upon an amount 
equal to the total value of such property, at the rate 
ascertained and determined by him, under section forty 
of chapter thirteen of the Public Statutes and acts in 
amendment thereof. 

Section 8. Said corporation shall also annually be- to make return 
tween the first and tenth days of May, return to the tax ueroTintTres't 
commissioner a true statement, verified by the oath of ^""gQ^J '"^*^*'" 
some ofiicer of the corporation, of the amount of all sums 
deposited with it on interest or for investment, other than 
those specified in the seventh and tenth sections of this 
act, together with the name of every city and town in this 
Commonwealth where any beneficial owner resided on said 
first day of May, and the aggregate amount of such 
deposits then held for the benefit of persons residing in 
each of such cities and towns, under like penalty. Said 
corporation shall annually pay to the treasurer of the Payments into 
Commonwealth a sum to be ascertained by assessment by '^^ treasury. 
the tax commissioner upon an amount equal to the total 
value of such deposits at three-fourths the rate ascertained 
and determined by him under section forty of chapter 
thirteen of the Public Statutes and acts in amendment 
thereof. 

Section 9. No taxes shall be assessed in any city or Taxes not to be 
town for state, county or town purposes, upon or in re- ^own! etc'.? upon 
spect of any such property held in trust, or any such hewu/uJs't/ 
amounts deposited on interest or for investment, but such 
proportion of the sum so paid by said corporation as corre- 
sponds to the amount of such property held for beneficia- 
ries or payable to persons resident in this Commonwealth, 
shall be credited and paid to the several cities and towns 
where it appears from the returns or other evidence that 
such beneficiaries resided on the first day of May next 
preceding, according to the aggregate amount so held for 



800 



1885. — Chapter 343. 



Deposits with- 
drawable on 
demand to be 
deemed money 
in possession. 



May act as agent 
for registering 
bonds, etc. 



Capital stock. 



Business not to 
commence until 
capital is paid 
In. 



Real estate. 



Liability of 
shareholders. 



beneficiaries and persons residing in such cities and towns 
respectively ; and in regard to such sums so to be assessed 
and paid as aforesaid, said corporation shall be subject to 
sections one, fifty-three, fifty-seven, fifty-eight and fifty- 
nine of chapter thirteen of the Public Statutes and acts in 
amendment or lieu thereof, so far as the same are appli- 
cable thereto. 

Section 10. Deposits with said corporation which can 
be withdrawn on demand shall for purposes of taxation be 
deemed money in possession of the person to whom the 
same is payable. 

Section 11. The said corporation is also authorized 
to act as agent for the purpose of issuing, registering or 
countersigning the certificates of stock, bonds or other 
evidence of indebtedness of any corporation, association, 
municipality, state or public authority, on such terms as 
may be agreed upon. 

Section 12. The capital stock of said corporation 
shall be one hundred thousand dollars, with the privilege 
to increase the same from time to time to not exceeding five 
hundred thousand dollars, and the same shall be paid for 
at such time and in such manner as the board of directors 
shall decide : provided^ that no business shall be transacted 
by the corporation until the whole amount is subscribed 
for and actually paid in,, and no shares shall be issued 
until the par value of such shares shall have been actually 
paid in in cash. 

Section 13. Said corporation shall be entitled to pur- 
chase and hold for its own use real estate not exceeding 
in value twenty-five thousand dollars. 

Section 14. The shareholders of said corporation 
shall be held individually liable, equally and ratably and 
not one for another, for all contracts, debts and engage- 
ments of such association, to the extent of the amount of 
their stock therein at the par value thereof, in addition to 
the amount invested in such shares. The provisions con- 
tained in chapter one hundred and six of the Public 
Statutes, sections sixty-two to seventy-one inclusive, shall 
apply to and regulate the enforcement of this liability. 

Section 15. This act shall take eflfect upon its passage. 

Approved June 18, 1885. 



1885. — Chapter 3M. 801 

An Act in relation to the conservation of the Connecticut (J]ian,^^^ 

KIVER. 

Be it enacted, etc., asfolloios: 
Section 1. The board of harbor and land commission- Harbor and land 

,,,, ., 1 T .. c i.\ r\ commissioners 

ers shall have the general care and supervision or the Con- to have general 
nectlcut River within the confines of this Commonwealth, cmmecucut 
and of the banks thereof, and of all structures therein, i^'^''^- 
in order to prevent and remove unauthorized encroach- 
ments and causes of every kind which may in any way 
injure the said river, and in order to protect and develop 
the rights and property' of the public therein. In order 
that they may ascertain and promote the best methods for 
the preservation and improvement of said river, and for 
the promotion of all interests connected therewith, as the 
public good may require, they may from time to time May make sur- 
make such surveys, examinations and observations as they ^®J'^' <^'''^- 
may deem necessary for the aforesaid purposes. 

Section 2. All persons that are or may be authorized Bunding of 
by the general court to build any structures in said river ^''"°"'''^®- 
shall proceed in the manner provided in section eight of 
chapter nineteen of the Public Statutes, and shall be sub- 
ject to the provisions of said chapter. 

Section 3. Said board may authorize and license any Buiuiingand 
person to build and extend a wharf, pier or shore wall, wilarvesfpiers, 
below high water mark in said river, upon such terms as ^^'^^ 
they shall prescribe ; and to every proceeding for a license 
under this chapter the provisions of sections ten, eleven 
and twelve of chapter nineteen of the Public Statutes shall 
apply. 

Section 4. Nothing in such license or authority shall Legai rights 
be so construed as to impair the legal rights of any "" "°p'"'"*' • 
person. 

Section 5. Said commissioners, as soon as funds shall River tobesur- 
be appropriated therefor, shall cause to be surveyed and piot^ted'!" 
plotted, on such scales as they shall determine, the whole 
of that portion of said Connecticut River which lies within 
this Commonwealth ; and the records and maps of the 
same shall be preserved in the office of said commis- 
sioners. 

Section 6. Said commissioners shall cause to be pre- copies of survey 
pared, for each of the counties of Hampden, Hampshire to coumVe's^of "^ 
and Franklin, a copy of the survey or map of the river naSpsMre and 
within the confines of the respective counties ; which FranijUn. 
copies shall be attested by the commissioners, and de- 



802 



1885. — Chapter 345. 



posited ill the registry of deeds for the county to which it 
relates; and said map when so prepared, attested and 
deposited shall be deemed matter of public record, and 
the same or duly attested office copies of the same shall 
be competent evidence of the facts contained therein. 
Section 7. This act shall take effect upon its passage. 

Approved June i<5, 1883. 



ChapMB 



Naturalization 
of aliens by 
courts having 
common law 
law jurisdiction, 
a seal and a 
clerk. 



Proviso. 



Final action to 
be had on stated 
days or during 
regular terms. 



Application to 
contain name, 
age, residence, 
etc., of appli- 
cant. 



Applicant to 
notify city or 
town clerk at 
least fourteen 
days before 
final hearing. 



An Act in relation to^naturalization. 
Be it enacted, etc., as follows: 

Section 1. The supreme judicial court, the superior 
court, district, police and municipal courts having com- 
mon law jurisdiction, a seal and a clerk, may respectively 
have jurisdiction of primary declarations of intention of 
aliens to become citizens of the United States, and final 
applications for naturalization of aliens : provided, how- 
ever, that no declaration or application shall be received 
by the supreme judicial court or superior court unless the 
applicant resides in the county within which the court is 
held, nor by any district, police or municipal court unless 
the applicant resides in the district for which the court is 
established. 

Section 2. Final applications for naturalization in any 
court of the Commonwealth may be filed in the said courts 
in term time or vacation ; but final action thereon shall be 
had only on stated days or during the regular terms of 
the court. Every application shall be entered upon the 
docket of the court and shall be filed at least fourteen 
days before final action thereon. Such application shall 
contain the name, age and occupation of the applicant, 
and the name of the street and number of the house in 
which he resides, and the names of the persons whom he 
intends to summon as witnesses at his final hearing, to- 
gether with the number and street of the residences of 
such witnesses : provided, that in applications where the 
number and street as required aforesaid cannot be given, 
the place of residence shall be described with sufficient 
accuracy for identification. 

Section 3. Every applicant for naturalization shall 
give notice of his application to the clerk of the city or 
town in which he resides at least fourteen days before 
final hearing on his petition, which notice shall also con- 
tain his full name, age, occupation and residence. It 



1885.— Chapter 3^5. 



803 



shall be the duty of every such clerk to make a complete 
record of all such notices in a form convenient for public 
inspection, and to give to each applicant who has given 
such notice a certificate that the provisions of this section 
have been complied with, and said certificate shall be filed 
by the applicant in the court in which his petition is pend- 
ing before final action is had thereon. 

Section 4. The clerk of each city and town shall, name.*et?.?o*f 
within seven days from the receipt of the notice prescribed "P',^j'i°^",y(;"a^° 
in the preceding section, post in at least two public places 
in such city or town the date of receipt of notice, the 
name of the applicant, his age, occupation, residence, and 
court in which his petition is pending, on lists with blank 
forms containing the following headings : — 



Date of Receipt 
of Notice. 



Age. 



Occupation. 



Court in wliich 
Petition is 
Pending. 



Section 5. A record of every application for natural- 
ization and the action thereon, the names of the witnesses 
and their residences, shall be kept by the clerk of each 
court and a return made annually, on or before the first 
day of February of each year, to the secretary of the 
Commonwealth, of the name, age, occupation and resi- 
dence of every person naturalized prior to the first day of 
the preceding January, the date of the naturalization, 
also, the names of the witnesses and their residences ; and 
the returns so made shall be kept by the secretary and 
printed in form convenient for reference. 

Section 6. The fees of clerks of all courts under the 
provisions of this act shall be as follows : For receiving 
the primary declaration or application for the naturaliza- 
tion of aliens, one dollar. For the final declaration or 
application for the naturalization of aliens, two dollars. 
For making out the papers for either of said declarations, 
one dollar. All fees received by clerks of all courts of 
the Commonwealth in naturalization cases shall be ac- 
counted for and paid over by said clerks semi-annually to 



Clerk to keep 
recoul, and 
make annual 
return to the 
secretary of the 
Commonwealth. 



Returns to he 
printed. 



Fees of clerks 
of courts. 



Fees to be paid 
over for benefit 
of county law 
libraries. 



804 



1885. — Chapter 346. 



Fees of clerks of 
cities and towns. 



Not to be regis- 
tered as a voter 
within thirty 
days. 



Penalty. 



Repeal. 



Fees of officers 
attending court. 



To take effect 
August 1, 1885. 



the treasurers of their respective counties, and such 
county treasurers shall pay the same to the treasurers of 
county law libraries ; the same to be in addition to the 
sums which such associations are now entitled to receive 
by law. No primary or final certificate shall issue until 
the fees provided for in this act are first paid. The fee of 
clerks of cities and towns for the record, posting notice 
and certificate under the provisions of this act shall be 
fifty cents. 

Section 7, No person hereafter naturalized in any 
court shall be entitled to be registered as a voter within 
thirty days of such naturalization. 

Section 8. A clerk or other person who records or 
files such notice, application or declaration, or issues a 
certificate in violation of the provisions of this act, shall 
be punished by a fine of twenty-five dollars. 

Section 9. Sections eight, ten and eleven of chapter 
one hundred and sixty of the Public Statutes are hereby 
repealed : provided^ that such repeal shall not afiect or 
apply to proceedings begun or applications pending in 
any court under the provisions of said sections. 

Section 10. The justices of a police, district or muni- 
cipal court, when sitting for naturalization, may designate 
a certain number, not exceeding two, of the constables of 
the city or town, or deputies of the sherifi' of the county 
within which the session is held, to attend the court, whose 
fees shall be the same as by law are provided for attend- 
ing the superior court, and shall be approved and paid by 
the county like costs in criminal cases. 

Section 11. This act shall take effect upon the first 
day of August in the year eighteen hundred and eighty- 
five. Aproved June 18, 1885. 



CA«jp.346 



City of Law- 
rence to be' 
divided into 
■wardi5 not 
exceeding eight 
in number. 



An Act to amend the charter of the city of lawrence. 

Be it enacted, etc., as follows: 

Section 1. The city of Lawrence may, in the year 
one thousand eight hundred and eighty-five, be divided 
by the city council into such number of wards, not exceed- 
ing eight, with such boundaries as the said city council 
may by resolution determine, but in accordance with the 
provisions of section fourteen of chapter twenty-eight of 
the Public Statutes and of chapter one hundred and 
twenty-five of the acts of the year eighteen hundred and 
eighty-four. 



1885. — Chapter 3i6. 805 

Section 2. Section two of chapter seventy of the acts Administration 
of the year one thousand eight hundred and fifty-three is tiail°nd'tm"nic"' 
amended so as to read as follows : — Section 2. The i853f7o"§*2r 
administration of all the fiscal, prudential and municipal 
affairs of the said city, with the government thereof, shall 
be vested in one municipal officer, to be styled the mayor, 
one council of one from each ward, to be styled the board 
of aldermen, and one council of three from each ward, to 
be styled the common council ; which boards in their joint 
capacity shall be denominated the city council, and the 
members thereof shall be sworn to the faithful perform- 
ance of their respective duties. A majority of each board 
shall constitute a quorum for the transaction of business. 
And no member of either board shall be paid any com- 
pensation for his services. 

Section 3. Section five of said chapter seventy is Mayor and 
amended so as to read as follows : — Section 5. The i853,To!'§5T' 
mayor and one alderman to be selected from each ward 
shall be elected by the qualified voters of the city at large, 
voting in their respective wards, and three common coun- 
cilmen, and one person to be an overseer of the poor, and 
one person to be an assistant assessor, shall be elected by 
the qualified voters of each ward, and shall be residents 
of the wards wherein they are elected. All such ofiicers 
shall be chosen by ballot and shall hold their offices for 
the term of one year from the first Monday in January 
following their election, and until others shall be elected 
and qualified in their places. 

Section 4. The city council of said city shall, in the school commit- 
year in which the division of the city into new wards is ^^^' 
made, divide the city into three districts consisting of two 
or three wards, said districts to be numbered one, two and 
three. At the first annual municipal election after the 
new division into wards takes effect the qualified voters of 
each ward shall elect two persons from such ward who 
shall be residents thereof. The persons so elected from 
the wards in district numbered one, shall hold their office 
for a term of three years, the persons so elected from the 
wards in district numbered two, shall hold their office for 
a term of two years, and the persons so elected from the 
wards in district numbered three, shall hold their office 
for a term of one year from the first Monday in January 
following their election and until others are elected and 
qualified in their places. At each annual municipal elec- 



806 1885. — Chapters 347, 348. 

tiou thereafter the qualified voters in each ward in the 
district, the terra of office of whose representatives in the 
school committee expire in the following January, shall 
elect two persons who shall be residents in such ward, 
who shall hold their office for a term of three years from 
the first Monday in January following their election. The 
persons so chosen shall together with the mayor of said 
city, who shall be ex officio chairman, and the president of 
the common council constitute the board of school com- 
mittee of said city. 
Tenure of office. SECTION 5. The provisious of sectious two and three 
of this act shall not affect the tenure of office of the 
persons now filling the offices mentioned therein. 

Section 6. This act shall take effect upon its passage. 

Approved June 18, 1885. 
Chcip.34:7 An Act to confirm the proceedings of the annual town 

MEETING OF THE TOWN OF PALMER. 

Be it enacted, etc., as follows: 

TODfirmid^^ The proceedings of the annual town meeting of the 

town of Palmer, held on the sixteenth day of March in 
the year eighteen hundred and eighty-five and by adjourn- 
ment on the thirtieth day of said March, shall not be in- 
valid by reason of any defect in the warrant for said 
meeting ; and no act or proceeding of said meeting shall 
be invalid in consequence of such defect. 

Approved June 18, 1885. 

Cha7).3A8 ^^ ^^^ ^^ AUTHORIZE SAVINGS BANKS AND INSTITUTIONS FOR 
SAVINGS TO INVEST IN THE BONDS AND NOTES OF THE FITCH- 
BURG RAILROAD COMPANY. 

Be it enacted, etc., as follows: 
Savings banks Section 1. Saviugs bauks aud institutious for savings 

msv invsst in cj 

bonds of Fitch, may iuvcst in the bonds and notes of the Fitchburg Rail- 
road Company issued accordmg to law, notwithslandmg 
the mortgages now existing upon the Boston, Barre and 
Gardner Railroad. 

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

Approved June 18, 1885. 



burg Railroad. 



1885. — Chapter 349. 807 

An Act to authorize the lamson and goodnow manufactur- (Jhnij 349 

ING COMPANY TO ISSUE PREFERRED STOCK. 

Be it enacted^ etc., asfoUoivs: 

Section 1. The Lampson and Goodnow Manufactur- May issue pre- 
ing Company, which shall hereafter be called and known ^'"''^"^ ^^o*^'^- 
by the name of Lamson and Goodnow Manufacturing 
Company, is hereby authorized, in addition to its present 
capital stock, to issue preferred stock to such amounts as 
may from time to time be fixed by vote of said corpora- 
tion, but not exceeding in all the sum of one hundred and 
twenty-five thousand dollars, in payment of its indebted- 
ness, no share to be issued for a less amount of indebted- 
ness than its par value ; or said stock may be paid for, at 
not less than par, in cash, or in the manner provided for 
in section forty-eight or section forty-nine of chapter one 
hundred and six of the Public Statutes. 

Section 2. Said preferred stock shall be issued at a preferred stock 
par value of one hundred dollars, and its holders shall be value o'moo. 
entitled to all the privileges of other members of said cor- holders of stock 

10 may vote, etc. 

poration, including the right to vote upon such stock, in 
person or by proxy, at all corporate meetings ; each vote 
upon a share thereof, to be counted as one-fifth of a vote 
upon a share of the corporate stock issued at a par value 
of five hundred dollars. 

Section 3. The holders of said preferred stock shall be Dividends. 
entitled to dividends upon the same annually, out of net 
profits, in preference and priority to the holders of any 
other stock of said corporation, to the amount of such rate 
per cent, thereon, not exceeding seven per cent., as may 
be determined by vote of said corporation prior to issue 
of the same, which rate per cent, of priority shall be ex- 
pressed in the certificates of said preferred stock, and 
shall also share j^ro rata with the holders of the common 
stock in any excess divided in any year above a dividend 
on the whole stock at said rate per cent. ; and dividends 
to the holders of such preferred stock, at the rate per cent. 
fixed upon, shall be paid for each year from the time of 
its issue, cumulatively, before any dividends shall be paid 
upon any other stock of said corporation, and, if so 
voted and expressed in the certificates, may be guaranteed 
by said corporation. The provisions of law relative to 
special stock, and to the liability of general stockholders 
when special stock is created shall not be held to apply in 
case of stock issued under this act. 



808 



1885. — Chapter 350. 



Preferred stock- 
holders to be 
paid in full, in 
case of dissolu- 
tion. 



Corporation 
having acquired 
real estate in 
Buckland, etc., 
may issue pre- 
ferred stock. 



Liabilities and 
rights not im- 
paired. 



Chap 



Boundary line 
between Mash- 
pee and Fal- 
mouth estab- 
lished. 



Section 4. In case of a dissolution or termination of 
said corporation the holders of preferred stock shall be 
entitled to payment of the same, in full, next after pay- 
ment of the debts of the corporation and before any pay- 
ments to the holders of stock not preferred. 

Section 5. Any other corporation organized under the 
provisions of chapter one hundred and six of the Public 
Statutes to carry on the business for which said corpora- 
tion was organized, having acquired the real estate of 
said corporation situate in Buckland, and employed for 
manufacturing purposes, may issue preferred stock on the 
same terms, restrictions and liabilities as are herein pro- 
vided for the issue of such stock by the Lamsou and 
Goodnow Manufacturing Company, to any amount herein 
authorized but not issued by said last named corporation, 
and, after sale of such real estate to such other corpora- 
tion, the right of said Lamson and Goodnow Manufactur- 
ing Company to make any further issue of such stock 
shall cease and determine. 

Section 6. Nothing in this act shall be held to take 
away any individual liability of any officer or member 
of said corporation for any debt or liability thereof, nor 
to impair any right or remedy of any present or future 
creditor of said corporation. 

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

Approved June 18, 1885. 

.350 An Act to define and establish the boundary line between 

THE towns of MASHPEE AND FALMOUTH. 

Be it enacted, etc., as follows: 

The boundary line between the towns of Mashpee and 
Falmouth in and near Waquoit Bay is hereby defined and 
established as follows : — Beginning at a point on the 
present boundary line between said towns at the middle 
of the mouth of Red Brook, thence southerly bearing 
westerly across Hamlin's Pond to the middle of the 
northerly entrance of Seconsett Channel, thence southerly 
and westerly along the middle of said Seconsett Channel 
to a monument at the easterly side of an artificial cause- 
way built across said Seconsett Channel between Meadow 
Neck and Seconsett, thence north fifty-five and three- 
quarters degrees west, two hundred and fifty-nine feet to 
another monument near the shore of Waquoit Bay, thence 
south thirty-eight degrees west in a straight line through 



1885. — Chapters 351, 352. 809 

said bay to the middle of the outlet thereof, thence 
through said outlet to the line established by the board of 
harbor and land commissioners under chapter one hun- 
dred and ninety-six of the acts of the year eighteen 
hundred and eighty-one. Approved June i<S, 1885. 

An Act in addition to an act entitled " an act concerning (7Ac?».3o1 

F.T.KCTIONS IN TOWNS." 



ELECTIONS IN TOWNS. 

Be it enacted, etc., as folloios: 

revived 



Section 1. Chapter five of the acts of the present certain acts 



year shall be construed to revive all acts and parts of acts 
relating to town meetings held for the election of town 
officers which were repealed by chapter two hundred and 
ninety-nine of the acts of the year eighteen hundred and 
eighty-four. 

Section 2. Whoever at any such election, knowing Penalty for 
that he is not a qualified voter, wilfully votes for any 
officer then to be chosen shall be punished by a fine not 
exceeding one hundred dollars for each offence. 

Section 3. No such town meeting heretofore or here- Acts at town 
after held, nor any of the acts and proceedings thereof, ^alid!"^^""*^ 
shall be deemed to be invalid by reason of non-compliance 
with any of the provisions of said chapter two hundred 
and ninety-nine. Approved June 18, 1885. 

An Act in relation to the inspection and sale of milk and (JJiClp.352 

BUTTER. 

Be it enacted, etc., as follows: 

Section 1. Section seventeeen of chapter fifty- six of ^^|.^n°/°^^°^^f" 
the Public Statutes is hereby amended so as to read as Nation butter. 
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 con- 
taining any fats, oils or grease not produced from milk or 
cream, shall have the words ♦' imitation butter," or if such 
substitute is the compound known as *' oleomargarine," 
then the word ** oleomargarine," or if it is known as 
*' butterine," then the word " butterine," stamped, 
labelled or marked in printed letters of plain uncon- 
densed Gothic type, not less than one-half inch in length, 
so that said words cannot be easily defaced, upon the top 



810 



1885. — Chapter 352. 



.Amendment i 
P. 8. 66, § IS. 



Amendment 1 
P. S. 56, § 19. 



Amendment 
P.8. 57, §2. 



Powers of 
inspectors. 



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 
compound, 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 package the words " imitation butter," " oleomar- 
garine," or " butterine " as the article may be, in printed 
letters of plain uncondensed Gothic type, not less than 
one-half inch in length. 

Section 2. Section eighteen of chapter fifty-six of the 
Public Statutes is hereby amended by striking out the 
word " Roman" in the seventh and seventeenth lines and 
inserting in place thereof the words ♦' uncondensed 
Gothic." 

Section 3. Section nineteen of chapter fifty-six of the 
Public Statutes is hereby amended by inserting after the 
word "of" and before the word "any "in the seventh 
line the words "or in any manner shall falsely label, 
stamp or mark." 

Section 4. Section two of chapter fifty-seven of the 
Public Statutes is amended so as to read as follows : — 
Such inspectors shall keep an ofiice and shall record in 
books kept for the purpose the names and places of busi- 
ness of all persons engaged in the sale of milk within 
their city or town. Said inspectors or their assistants 
may enter all places where milk is stored or kept for sale, 
and all carriages used for the conveyance of milk, and the 
said inspectors or their assistants may take samples for 
analysis from all such places or carriages. The inspect- 
ors shall cause the samples of milk so taken to be 
analyzed or otherwise satisfactorily tested, the results of 
which analysis or test they shall record and preserve as 
evidence. The inspectors shall receive such compensa- 
tion as the mayor and aldermen or selectmen may deter- 
mine. 

Section 5. Inspectors appointed under the provi- 
sions of chapter two hundred and sixty-three of the acts 
of the year eighteen hundred and eighty-two shall have 
the power and authority conferred upon a city or town 
inspector by the preceding section. They shall also have 
the power and authority conferred upon inspectors of 
milk by section twenty of chapter fifty-six of the Public 
Statutes. 



1885. — Chaptee 353. 811 

Section 6. Section nine of chapter fifty-seven of the ^[j^'y^'^of 
Public Statutes is hereby amended so as to read as fol- 
lows : — In all prosecutions under this chapter, if the 
milk is shown upon analysis to contain more than eighty- 
seven per cent, of watery fluid, or to contain less than 
thirteen per cent, of milk solids, or to contain less than 
nine and three-tenths per cent, of milk solids exclusive of 
fat, it shall be deemed for the purposes of this chapter to 
be adulterated. 

Section 7. Section seven of chapter fifty-seven of the Amendment to 
Public Statutes is hereby amended by insertiuoj after the 
word "in" and before the word " letters" in the seventh 
line the words ♦' uncondensed Gothic." 

Section 8. No person shall sell, exchange or deliver Penalties. 
or have in his custody or possession with intent to sell, 
exchange or deliver skimmed milk containing less than 
nine and three-tenths per cent, of milk solids exclusive of 
fat. Whoever violates the provisions of this section shall 
be punished by the penalties provided in section five of 
chapter fifty-seven of the Public Statutes. 

Section 9. This act shall take eflfect upon its passage. 

Approved June 18, 1885. 

An Act relating to composition with creditors in insolvency. QJiaj),^^^ 
Be it enacted, etc., as follows: 

Section 1. Section five of chapter two hundred and composition 

... /., (»i 'li 1 -11 t with creditors in 

thirty-six oi the acts ot the year eighteen hundred and insolvency,— 
eighty-four is amended to read as follows : — Section 5. ' 
The provisions of sections twenty-six to thirty-one inclu- 
sive, and of 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. But the proceedings 
shall not be stayed or suspended on account of an appeal 
from the allowance or rejection of a claim. 

Section 2. Section seven of said chapter two hun- Amendment to 
dred and thirty-six is amended to read as follows : — • > • 
Section 7. The hearing shall then be adjourned not less 
than seven days and notice thereof sent to all creditors 
as before provided, and if, at or before the day to which 
such or any subsequent adjournment is made, the debtor 
shall file in court the written assent to the proposal of a 
majority in number and value of his creditors who have 
proved their claims, if the same be for the payment of not 



812 



1885. — Chapter 353. 



Repeal of 1884, 
236, §8. 

Compensation 
of register for 
giving notices. 



Moneys, etc., 
deposited in 
court, after 
expiration of 
one year and 
notice to credit- 
ors, etc., may be 
paid over to 
depositor. 



Certain claims 
not discharged, 
etc. 



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 further adjournment thereof, to determine 
whether the composition shall be confirmed, and any cred- 
itor may be heard thereon. Any matter which would pre- 
vent or avoid a discharge in insolvency by existing laws 
may be considered in ascertaining the expediency of con- 
firming the same, but not as an absolute bar thereto. If 
the only objection thereto relates to the security for 
deferred payments, other or further security may then be 
ofllered. No claim entitled to priority shall be counted, 
nor shall any creditor whose claim is less than fifty dol- 
lars in amount be counted in number of creditors. 

Section 3. Section eight of said chapter two hundred 
and thirty-six is hereby repealed. 

Section 4. The register shall be allowed the same 
compensation for giving notices to creditors as is allowed 
to messengers by section one hundred and thirty-seven 
of chapter one hundred and fifty-seven of the Public 
Statutes, and for the custody and payment of the moneys, 
vouchers, securities and dividends, such sum as the court 
may deem just and reasonable but not exceeding one per 
centum thereof. 

Section 5. After the expiration of one year from the 
deposit in court of the moneys, vouchers and securities, 
as provided for by section nine of said chapter two hun- 
dred and thirty-six, the court may, after notice, by mail 
post paid, to creditors who have not taken up their divi- 
dends, order all such moneys, vouchers and securities, 
then remaining on deposit in court, to be paid and trans- 
ferred to the person who deposited the same. 

Section G. No debt or claim against a pledgee created 
by his sale of collateral securities in a manner not author- 
ized by his contract with the pledger, or by the provisions 
of sections ten and eleven of chapter one hundred and 
ninety-two of the Public Statutes, shall be discharged 
under proceedings in insolvency, but the provisions of 
section eighty-four of chapter one hundred and fifty-seven 
of the Public Statutes shall apply thereto. 

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

Approved June 18, 1883. 



1885. — Chapter 354. 813 

An Act to authorize the formation of mutual fire insur- (JJiart.^^i: 

ANCE COMPANIES WITH A SUBSCRIPTION FUND. 

Be it enacted, etc., as follotvs: 

Section 1. Mutual fire insurance companies with a Mutual are 

, . , . r 1 ^ r J " i.1 Insurance com- 

siibscription fund may be tormed in the manner pre- panieswuha 
scribed by chapter one hundred and nineteen of the fu,'X'may°be 
Public Statutes for the organization of insurance com- foi'med. 
panics and shall be subject to the provisions of all gen- 
eral laws which now are or hereafter may be applicable 
to such companies not inconsistent herewith. 

Section 2. The original subscripion fund shall be two original sub- 

, -,-,, Till !•! 1 ' T j^ scription to be 

hundred thousand dollars, which may be increased to an $2ou,ooo and 
amount not exceeding one million dollars, upon approval "eLedto' 
by the insurance commissioner, in the manner provided $i.'^'Jo>ooo. 
by section sixty-two of chapter one hundred and nine- 
teen of the Public Statutes, and shall be invested in the 
securities in which stock companies are required by law 
to invest their capital. Said fund shall be divided into shares $ioo 
shares of one hundred dollars each, transferable in the 
same manner as shares in capital stock, and no part 
thereof shall be applied to the payment of premiums for 
insurance. The shareholders shall be the members of the shareholders to 
corporation, with the same powers, rights and obligations corporation.*^ 
as belong and apply to stockholders in stock fire insur- 
ance companies. Such company shall issue no policy of 
insurance until the whole amount of the fund has been 
subscribed for and paid in cash, nor until the insurance 
commissioner shall certify the fact of such subscription 
and payment and that the company has complied with the 
laws and is entitled to transact business. 

Section 3. The holders of shares in the subscription voting at meet- 
fund and policy holders in any such company shall be pa^oy? 
subject to the same provisions of law in voting at all 
meetings of the company as apply respectively to share- 
holders in stock companies and to policy holders in purely 
mutual companies. 

Section 4. The subscription fund shall be liable for Fund liabie for 
the payment of losses and other obligations of the com- for redemption 
pany, but shall not be liable for the redemption of scrip Gate's"^ "^""^ 
certificates issued to policy holders. Whenever the fund 
shall be impaired to the amount of twenty-five per cent, 
the company shall make the fund good to the original 
amount, in the mode and subject to the provisions of 
sections fifty-nine, sixty and sixty-one of chapter one 



814 



1885. — Chapter 354. 



Premiums to be 
paid in cash. 



Dividends not 
to exceed five 
per cent. 



Net profits after 
payment of 
dividends to be 
divided among 
the insured. 



Redemption of 
scrip certifi- 
cates. 



Division of in- 
come of redemp. 
tion fund. 

Limitation of 
rislis. 



hundred and nineteen of the Public Statutes relating to 
the impairment of the capital of stock insurance com- 
panies. 

Section 5. Premiums for insurance with said com- 
pany shall be paid wholly in cash, and such premium shall 
constitute the entire liability of the insured. 

Section 6. The holders of shares in the subscription 
fund shall be entitled to a semi-annual dividend of not 
exceeding five per cent, if the income and net profits of 
the company, to be ascertained in the mode now pre- 
scribed by law, are suflScient to pay the same, and if any 
dividend be less than the maximum the deficiency may be 
made up from subsequent income and net profits. 

Section 7. The net profits of the company, after the 
payment of dividends to the shareholders, shall be divided 
annually among the insured whose policies terminated 
within the year, in proportion to the contribution of each 
to such profits. Such dividends shall be made only in 
scrip certificates, payable only out of the accumulation of 
net profits, which accumulation, together with the income 
thereof, shall constitute and be kept and invested by the 
company as a separate fund, in trust for the redemption 
of such scrip certificates, and the contingent payment of 
losses and expenses, as herein provided ; and such certif- 
icates until redeemed shall be subject to future losses 
and expenses of the company, and to be reduced in case 
the losses and expenses in any subsequent year shall 
exceed the income of that year primarily applicable to 
their payment. No part of such redemption fund shall 
be used for the payment of losses and expenses, unless 
and only to the extent that the assets of the company, 
other than the subscription fund, shall be insutiicient 
therefor ; and whenever any portion thereof shall be 
used for such payment the outstanding certificates shall 
be reduced in proportion, so that the redemption fund at 
all times shall equal the amount of the unredeemed certif- 
icates. Whenever the principal of the redemption fund 
shall exceed the amount of the principal of the subscrip- 
tion fund the excess shall be applied annually to the 
redemption of the certificates in the order of their issue. 
The net income of the redemption fund shall be divided 
annually among the holders of its certificates. 

Section 8. No company organized under this act shall 
hold on any one risk an amount exceeding one-tenth of its 



1885. — Chapter 355. 815 

subscription fund, nor shall take or have at risk in any 
town or fire insurance district of any city or town an 
amount exceeding its net assets, exclusive of its redemp- 
tion fund, available for the payment of losses in Massa- 
chusetts. 

Section 9. This act shall take effect upon its passage. 

Approved June 19, 1885. 

An Act to secure a fair and equal valuation throughout (77^^r).355 

THE commonwealth OF PROPERTY SUBJECT TO TAXATION. 

Be it enacted, etc., as follows: 

Section 1. Section one hundred and two of chapter valuation of 
twenty-seven of the Public Statutes is hereby amended to"tasrtUil! ^^^ 
60 as to read as follows : — Section 102. Every assessor, 
assistant assessor, or other person chosen to assess taxes 
or determine or assist in determining the value of prop- 
erty for the purpose of taxation shall before entering 
upon the duties of his office take an oath which shall be 
in substance as follows : — I, having been chosen to assess oathofan 
taxes and estimate the value of property for the purpose ^^^^^^°^- 
of taxation for the town [or city] of , for the year, 
[or years] ensuing, do swear that I will truly and im- 
partially, according to my best skill and judgment, assess 
and apportion all such taxes as I may during that time 
assess, that I will neither overvalue nor undervalue any 
property subject to taxation, and that I will faithfully 
discharge all the duties of said office. 

Section 2. Every assessor, assistant assessor, or other Penalty for not 
person chosen to assess taxes or determine or assist in scnbeVoath. 
determining the value of property for the purpose of tax- 
ation, who having notice of his election neglects to take 
the oath prescribed by the preceding section before enter- 
ing upon the duties of such office, shall be liable to the 
penalty provided in section one hundred and four of chap- 
ter twenty-seven of the Public Statutes. 

Section 3. Every assessor of any city or town, or penalty for 
other person chosen to determine the valuation of prop- ^a^iuauon!'^*' 
erty for the purpose of taxation who shall knowingly fix 
any such valuation of any property at a less sum than its 
full and fair cash value in order that the taxpayers of such 
city or town may escape payment of their just proportion 
of any state or county tax, or for any other fraudulent or 
corrupt purpose, or who shall knowingly fix the valuation 
of any such property at a higher sum than its full and fair 



816 1885. — Chapters 356, 357, 358. 

cash value for the purpose of evading or aiding in the 
evasion of any law which, at the time such valuation is 
made, is in force limiting municipal indebtedness, or the 
rate of taxation, to a percentage of valuation, or for any- 
other fraudulent, corrupt, or malicious purpose, shall be 
punished by a fine not exceeding one thousand dollars, or 
by imprisonment not exceeding six months, or by both 
such fine and imprisonment. Approved June 19, 1885. 

Chart 356 ^^ ^^'^ ^^ authorize trial justices to impose sentences to 

•^ ' the MASSACHUSETTS REFORMATORY. 

Be it enacted, etc., asfoUoivs: 
Trial justices Trial iustlccs shall have the same authority and juris- 

tnay sentence to . "^ j j i ■» * i ii. 

Mass. reforma- diction to scntcnce male persons to the Massacnusetts 
reformatory which district courts have to sentence such 
persons to said reformatory. Approved June 19, 1885. 



tory 



Cha2?.357 



An Act to change the name of the unitarian society of 
grantville. 

Be it enacted, etc., as follows: 
Name changed. SECTION 1. The uamc of the Unitarian Society of 
Grantville, organized January second in the year eighteen 
hundred and seventy-eight, is hereby changed to the 
Unitarian Society of VVellesley Hills. 

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

Approved June 19, 1885. 



Chap.^m 



An Act relating to the liability of inniiolders. 
Be it enacted, etc., as follows: 
Liability of Section twelve of chapter one hundred and two of the 

amendm\'nt~to Public Statutcs is hereby amended so as to read as fol- 
p. s. 102, §12. ]Q^g . — ]^Q innholder shall be liable for losses sustained 
by a guest, except losses of wearing apparel, articles 
worn or carried on the person, personal baggage and 
money necessary for travelling expenses and personal 
use ; nor shall any such guest recover of an innholder 
more than one thousand dollars as damages for any such 
loss or losses : provided, however^ that an innholder shall 
be liable in damages to an amount not exceeding five 
thousand dollars for the loss of money, jewels and orna- 
ments of a guest which have been specially deposited for 
safe keeping, or offered to be so deposited, with such 
innholder, person in charge at the oflSce of the inn or 



1885. — Chapters 359, 360. 817 

other agent of such innholder authorized to receive such 
deposit; and provided, further, that nothing herein con- 
tained shall aliect the innholder's liability under the pro- 
visions of any special contract for other property deposited 
with him for safe keeping after being fully informed of 
its nature and value, nor increase his liability in case of 
loss by fire or overwhelming force beyond that specified 
in section fifteen of said chapter. 

Approved June 19, 1885. 



Chap.359 



An Act relating to the disposition of cases for the viola- 
tion OF THE LAWS RELATING TO THE SALE OF INTOXICATING 
LIQUORS. 

Be it enacted, etc., as follows: 

Section 1. No case in court for the violation of the caseg in court 
provisions of chapter one hundred of the Pul)lic Statute.-* JrquorUw""not 
or of any other act now or hereafter in force relating to HlJ''e{!.''"'u^ier8 
intoxicating liquors shall be placed on file or disposed of, by order of the 
except by trial and judgment according to the regular 
course of pr(jceedings in criminal cases, unless in any 
case the purposes of justice require other disposition 
thereof; in which event a written motion in each such 
case shall be addrt^ssed to the court, judge or magistiate, 
settii'g forth specifically the reasons theretbr, and >\v.\\\ be 
verified by affidavit where facts are nlied on ; and if the 
presiding judge or magistrate shall make a written certifi- 
cate that he is satisfied that the cause relied on exists, 
and that the interests of public justice require the allow- 
ance thereof, such motion shall be allowed and the said 
certificate shall be filed in the case. 

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

Approved June 19, 1885. 

An Act in further addition to an act for the laying out pj q^n 

OF PUBLIC PARKS IN OR NEAR THE CITY OF BOSTON. -^ ' 

Be it enacted^ etc., as follows: 

Section 1. The board of park commissioners of the parkcommis- 
city of Boston, sul)ject to the provisions of chapter nine- ton"may''er^ct" 
teen of the Public Statutes excepting so much of section sfuduresover 

. JT p ^ tide water near 

sixteen of said chapter as requires the payment into the Dorchester 

,. ' . ,. ^ , • 1 1 • -1 Point in South 

treasury of compensation for the rights and privileges BoBton. 
hereby granted in land of the Commonwealth, may make 
such excavation and filling, and erect and maintain such 
structures, in and over the area of tide water, at or near 



818 1885. — Chapters 361, 362. 

Dorchester Point in South Boston, which lies south of the 
northerly line of East First Street extended easterly to 
Castle Island, and east of the westerly line of Q Street 
extended southerly into Old Harbor, as the said board 
may deem necessary or desirable for the purposes of a 
public park in accordance with the provisions of chapter 
one hundred and eighty-five of the acts of the year eigh- 
teen hundred and seventy-five. 
Land to be used SECTION 2. All lands of the Commonwealth which are 
park.' " ' "^ occupied or enclosed under the provisions of this act, 
shall be appropriated to and used solely for the purposes 
of a public park. 

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

Approved June 19^ 1885. 

Oil art Sfil ^^ ^^^ RELATING TO THE SALARY OF THE MAYOR OF THE CITY 
^ ' OF BOSTON. 

Be it enacted, etc., as follows : 

Salary of mayor Section 1. Scctiou elcveu of chapter two hundred 
"eased/"' 'lud sixty-six of the acts of the year eighteen hundred and 
eighty-five shall be held to authorize the city council of 
the city of Boston to increase the salary of the mayor of 
said city from the twenty-sixth day of June in the year 
eighteen hundred and eighty-five, anything contained in 
any other act to the contrary notwithstanding. 
To take effect Section 2. This act shall take elfect on the twenty- 
sixth day of June in the year eighteen hundred and 
eightj^-five. Approved June 19, 1885. 

ChctV 36'^ ^^ "^^^ ^^ EMPOWER THE BOSTON CHILDREN'S FRIEND SOCIETY TO 

BECOME THE GUARDIAN OF MINORS. 

Be it enacted, etc., as follows : 

May Leap- Section 1. The BostoH Children's Friend Society, a 

dianofiiihiors corporatiou established under the provisions of chapter 
courts.'"*'^'' sixty-six of the acts of the year eighteen hundred and 
thirty-four, is hereby empowered to become the guardian 
of minors, under and in accordance with the general pro- 
visions of law applicable to the guardianship of minors ; 
and the probate courts in the several counties are hereby 
authorized to appoint the said Boston Children's Friend 
Society guardian of minors as aforesaid. 



1885. — Chapter 363. 819 

Section 2. The powers and duties of the said Boston Powers and 
Children's Friend Society, as guardian of minors, shall be exerderd and 
exercised and performed by its officers and agents, and officer^'^'^ ''^ 
the said society may adopt by-laws in relation thereto not 
inconsistent with the general provisions of law applicable 
to such guardianships. 

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

Ap2)roved June 19, 1885. 

An Act to amend the charter of the city of fitchburg. Chap.3G3 
Be it enacted, etc., as follows: 

Section 1. The qualified voters of the city of Fitch- a,nended. 
burg at the annual municipal election occurring in the year 
eighteen hundred and eighty-five shall elect nine persons 
inhabitants of the city to constitute with the mayor of 
said city, who shall be ex officio chairman thereof, and the 
president of the common council, the board of school sohooi commit- 
committee of said city, the members of which shall serve 
without compensation. Three of said persons shall be 
elected 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 in January in the year eighteen 
hundred and eighty-six ; and thereafter the qualified 
voters of said city shall annually elect three persons, in- 
habitants of the city, to serve as members of the board of 
school committee for the term of three years. The said ^f ^'<fhoolg"*^^"' 
board shall appoint from their own number or otherwise 
a superintendent of schools, to be under the direction and 
control of said board, who shall be ex officio secretary of 
said board, and the compensation of said superintendent 
shall be determined from year to year by the said board. 
Vacancies occurring among the elected members of said 
board may be filled by the joint ballot of the city council 
and board of school committee at any time, the member 
or members so elected to hold office only for the remainder 
of the municipal year. 

Section 2. The members of the board of school com- Board toorgan- 
mittee as constituted under this act shall meet and organ- Monday^of" 
ize on the second Monday in January in the year eighteen Ja,nuary isse. 
hundred and eighty-six and annually thereafter. The un- 
expired term of office of all members and officers of the 
board of school committee as hitherto organized and 
established shall terminate immediately upon the organ- 
ization of the board of school committee as constituted 
under this act. 



820 

Repeal. 



Subject to ac- 
ceptance by a 
majority vote. 



1885. — Chapter 364. 

Section 3. So much of chapter eighty-one of the acts 
of the year eighteen hundred and seventy-two as is incon- 
sistent with the provisions of this act is hereby repealed. 

Section 4. This act shall take effect upon its accept- 
ance by a majority of the legal voters of said city voting 
thereon at a meeting legally called for that purpose. 

Approved June 19, 1885. 



Chap.364: An Act to apportion and assess a state tax of one million 

FIVE hundked thousand dollaus. 

Be it enacted, etc., as foUoivs : 

Section 1. Each city and town in this Commonwealth 
shall be assessed, and pay the several sums with which 
they stand respectively charged in the following schedule, 
that is to say ; — 



State tax of 

$1,500,000. 



Barnstable 
County. 



BARNSTABLE COUNTY. 



Barnstable, 
Brewster, . 
Chatham, . 
Dennis, 


Twenty-seven himdred and seventy- 
five dollars, 

Nine hundred and seventy-five dol- 
lars, 

Six hundred and seventy-five dol- 
lars, 

Twelve hundred and fifteen dollars. 


$2,775 00 

975 00 

675 00 
1,215 00 


Eastham, . 


Two hundred and ten dollars, 


210 00 


Falmouth, . 


Three thousand and sixty dollars, . 


3,060 00 


Harwich, . 


Nine hundred and fifteen dollars, . 


915 00 


Mashpee, . 


Ninety dollars, .... 


90 00 


Orleans, 


Five hundred and ten dollars. 


510 00 


Provincetown, . 
Sandwich, . 


Seventeen hundred and twenty-five 

dollars, 

Fifteen hundred and ninety dollars. 


1,725 00 
1,590 00 


Truro, 


Two hundred and forty dollars, 


240 00 


Wellfleet, . 


Eight hundred and ten dollars, 


810 00 


Yarmouth, 


Thirteen hundred and thirty-five 
dollars, 


1,835 00 




116,125 00 



1885. — Chapter 364. 
berkshire county. 



821 



Berkshire 
County. 



Adams, 
Alford, 
Becket, 
Cheshire, . 
Clarksburg, 
Dalton, 
Egreraont, . 
Florida, 
Great Barrington, 
Hancock, . 
Hinsdale, . 
Lanesborough, . 
Lee, . 
Lenox, 
Monterey, . 
Mt. Washington, 
New Ash ford, . 
New Marlboro', . 
North Adams, . 
Otis, . 
Peru, . 
Pittsfield, . 
Richmond, 
Sandisfield, 
Savoy, 
Sheffield, . 
Stockbridge, 



Twenty-six hundred and seventy 
dollars, .... 

Two hundred and twenty-five dol 
lars, 

Three hundred and forty-five dol- 
lars, 

Six hundred and seventy-five doL 
lars, 

One hundred and eighty dollars, 

Thirteen hundi'ed and sixty-five dol 
lars, 

Three hundred and seventy-five dol- 
lars, 

One hundred and thirty-five dollars. 

Twenty-four hundred and thirty dol- 
lars, 

Three hundred and sixty dollai's, . 

Six hundred and seventy-five dol- 
lars, ...... 

Five hundred and ten dollars. 

Seventeen hundred and twenty-five 

dollars, 

Twelve hundred and fifteen dollars. 

Two hundred and twenty-five dol- 
lars, 

Sixty dollars, . . . . 

Seventy-five dollars. 

Six hundred dollars, 

Foi-ty-two hundred and thirty dol 

lars, 

Two hundred and ten dollars. 

One hundred and twenty dollars. 

Seventy-three hundred and five dol 

lars, 

Four hundred and five dollars. 

Three hundred and forty-five dol 

lars, 

One hundred and eighty dollars. 

Eight hundred and seventy dollars. 

Twenty-two hundred and ninety- 
five dollars, 



$2,670 00 

225 00 

345 00 

675 00 
180 00 

1,365 00 



375 
135 


00 
00 


2,430 
360 


00 
00 


675 
510 


00 
00 


1,725 
1,215 


00 
00 


225 
60 


00 
00 


75 


00 


600 


00 


4,230 
210 


00 
00 



120 00 



7,305 00 
405 00 



345 00 
180 00 

870 00 



2,295 00 



822 



Berkshire 
County. 



1885. — Chapter 364. 

BERKSHIRE COUNTY — Concluded. 



Tyringham, 


Two hundred and ten dollars, 


$210 00 


Washington, 


One hundred and eighty dollars, . 


180 00 


W. Stockbridge, 
Williamstown, . 


Six hundred and seventy-five dol- 
lars, 

Fourteen hundred and ten dollars, . 


675 00 
1,410 00 


Windsor, . 


One hundred and ninety-five dollars, 


195 00 




$32,475 no 



Bristol County. 



Acushnet, . 
Attleborough, 
Berkley, 
Dartmouth, 
Dighton, 
Easton, 
Fairhaven, 
Fall River, 
Freetown, . 
Mansfield, . 
New Bedford, 
Norton, 
Raynham, . 
Rehoboth, . 
Seekonk, . 
Somei'set, . 
Swanzey, . 
Taunton, . 
Westport, . 



BRISTOL COUNTY. 



Five hundred and seventy dollars, . 

Forty-six hundred and sixty-five 

dollars, 

Three hundred and ninety dollars. 

Nineteen hundred and five dollars. 

Six hundred and ninety dollars, 

Thirty-three hundred and ninety 
dollars, ..... 

Thirteen hundred and ninety-five 
dollars, .... 

Thirty-six thousand and thirty dol- 
lars, ..... 

Seven hundred and fifty dollars. 

Ten hundred and thirty-five dollars. 

Twenty-five thousand seven hun- 
dred and seventy dollars. 

Seven hundred and thirty-five dol- 
lars, 

Eight hundred and seventy dollars, 

Six hundred and sixty dollars. 

Six hundred dollars. 

Ten hundred and thirty-five dollars. 

Six hundred and ninety dollars, 

Fourteen thousand two hundred and 

thii'ty-five dollars. 
Twelve hundred and fifteen dollars. 



$570 00 

4,665 00 
390 00 

1,905 00 

690 00 



3,390 00 
1,395 00 



36,030 00 
750 00 

1,035 00 



25,770 00 



735 
870 


00 
00 


660 00 


600 00 


1,035 


00 


690 


00 


14,235 
1,215 


00 
00 


$96,630 00 



1885. — Chapter 364. 
dukes county. 



ESSEX COUNTY. 



823 

Dukes County. 



Chilmai'k, . 


Two hundred and twenty-five dol- 






lars, 


1225 00 


Cottage City, 


Nine hundred and seventy-five dol- 






lars, 


975 00 


Edgartown, 


Seven hundred and thirty-five dol- 






lars, 


735 00 


Gay Head, . 


Fifteen dollars, .... 


15 00 


Gosnold, . 


One hundred and sixty-five dollars, 


165 00 


Tisbiiry, 


Six hundred and fifteen dollars, 


615 00 




$2,730 00 



Essex County, 



Amesbury, . 


Fourteen hundred and ten dollars, . 


$1,410 00 


Andover, . 


Forty-one hundred and forty dol- 






lars, 


4,140 00 


Beverly, 


Eighty-three hundred and fifty-five 






dollars, 


8,355 00 


Boxford, 


Five hundred and fifty-five dollars. 


555 00 


Bradford, . 


Eleven hundred and seventy dollars. 


1,170 00 


Danvers, . 


Thirty-two hundred and ten dollars. 


3,210 00 


Essex, 


Eight hundred and twenty-five dol- 






lars, 


825 00 


Georgetown, 


Nine hundred dollars. 


900 00 


Gloucester, 


Eighty-three hundred and seventy 






dollars, 


8,370 00 


Groveland, 


Seven hundred and eighty dollars* . 


780 00 


Hamilton, . 


Five hundred and fifty-five dollars, 


555 00 


Haverhill, . 


Ten thousand one hundred and 






seventy dollars, .... 


10,170 00 


Ipswich, 


Seventeen hundred and eighty-five 






dollars, ...... 


1,785 00 


Lawrence, . 


Twenty-two thousand five hundred 






and seventy-five dollars, 


22,575 00 


Lynn, 


Twenty-one thousand five hundred 






and ten dollars, .... 


21,510 00 


Lynnfield, . 


Four hundred and eighty dollars, . 


480 00 


Manchester, 


Three thousand and ninety dollars, 


3,090 00 



824: 

Essex County. 



1885. — Chapter 364. 

ESSEX COUNTY — Concluded. 



Marblehead, 
Merrimac, 
Methuen, 
Middleton, 
Nahant, 
Newl)ury, 
Newburyport, . 
North Andover, . 
Peabody, . 
Rockport, . 
Rowley, 
Salem, 
Salisbury, . 
Saugus, 
Swampscott, 
Topsfield, . 
Wenham, . 
West Newbury, 



j Thirty-four hundred and fifty dol- 
lars, 

Ten hundred and thirty-five dollars 

Twenty-three hundred and seventy 

dollars, ..... 
Four hundred and fifty dollars, 

Five thousand one hundred and 
seventy-five dollars, 

Eight hundred and eighty-five dol- 
lars, ...... 

Seven thousand and eighty dollars 

Twenty-two hundred and five dol- 
lars, 

Six thousand and thirty dollars, 

Seventeen hundred and eighty-five 

dollars, 

Four hundred and eighty dollars. 

Twenty-two thousand nine hundred 

and ninety-five dollars, 
Nineteen hundred and thirty-five 

dollars, ..... 
Eleven hundred and seventy dollars 

Thirty-two hundred and ten dollars 

Six hundred and sixty dollars, 

Four hundred and sixty-five dollars 

Nine hundred and ninety dollars, 



$3,450 00 
1,035 00 



2,370 00 
450 00 



5,175 00 

885 00 
7,080 00 



2,205 00 
6,030 00 



1,785 00 
480 00 



22,995 00 



1,935 OO 
1,170 00 


3,210 00 


660 


00 


465 


00 


990 


00 


$152,250 00 



County. 



FRANKLIN COUNTY. 



Ashfield, 


Four hundred and five dollars. 


$405 00 


Bernardston, 


Three hundred and ninety dollars, . 


390 00 


Buckland, . 


Four hundred and eighty dollars, . 


480 00 


Charlemont, 


Three hundred dollars, . 


300 00 


Colrain, 


Five hundred and seventy dollars, . 


570 00 



1885. — Chapter 364. 

FRANKLIN COUNTY — Concluded. 



825 



Conway, 

Deerfield, 

Erving, 

Gill, . 

Greenfield, 

Hawley, 

Heath, 

Leverett, 

Ley den, 

Monroe, 

Montague, 

New Salem, 

Northfield, 

Orange, 

Rowe, 

Shelburne, . 

Shutesbury, 

Sunderland, 

Warwick, . 

Wendell, . 

Whately, . 



Six hundred and forty-five dollars, . 

Eleven hundred and twenty-five 
dollars, 

Two hundred and eighty-five dol- 
lars, 

Three hundred and seventy -five dol- 
lars 

Twenty-seven hundred and ninety 
dollars, ...... 

One hundred and fifty dollars. 

One hundred and sixty-five dollars. 
Two hundred and forty dollars. 
One hundred and eighty dollars. 
Thirty dollars, .... 

Twenty-four hundred and thirty dol- 
lars, 

Two hundred and eighty-five dol- 
lars, ..... 

Six hundred and fifteen dollars. 

Fifteen hundred and forty-five dol- 
lars, ..... 
One hundred and fifty dollars. 

Seven hundred and fifty dollai'S, 

One hundred and thirty-five dollars. 

Three hundred and sixty dollars, . 

Two hundred and seventy dollars, . 

One hundred and sixty -five dollars. 

Three hundred and ninety dollars, . 



Franklin 
County. 



$645 00 



1,125 


00 


285 


00 


375 


00 


2,790 
150 


00 
00 


165 


00 


240 


00 


180 00 


80 


00 



2,430 00 



285 
615 


00 
00 


1,545 00 
150 00 


750 


00 


135 


00 


360 00 


270 00 


165 


00 


390 


00 



$15,225 00 





HAMPDEN COUNTY. 




Agawam, . 


Eleven hundred and ten dollars, . 


$1,110 00 


Blandford, . 


Three hundred and fifteen dollars, . 


315 00 


Brimfield, . 


Four hundred and fifty dollars. 


450 00 



Hampden 
County. 



826 



Hampden 
County. 



1885. — Chaptes 364. 

HAMPDP:N county — Concluded. 



Chester, 

Chicopee, . 

Granville, . 

Hampden, . 

Holland, 

Holyoke, . 

Longmeadow, 

Ludlow, 

Monson, 

Montgomery, 

Palmer, 

Russell, 

Southwick, 

Springfield, 

Tolland, . 

Wales, 

Westfield, . 

West Springfield, 

Wilbraham, 



Four hundred and fifty dollars. 

Forty-six hundred and eighty dol 

lars, 

Three hundred and thirty dollars. 

Three hundred and ninety dollars, 

One hundi-ed and five dollars, 

Eleven thousand, seven hundred 

and forty-five dollars, . 
Ten hundred and five dollars, . 

Six hundred and sixty dollars, 

Fourteen hundi'ed and twenty-five 

dollars, ..... 
One hundred and twenty dollars. 

Twenty-one hundred and thirty dol- 
lars, 

Three hundred and seventy-five dol 
lars, 

Five hundred and twenty-five dol 
lars, 

Thirty-one thousand four hundred 
and twenty-five dollars, 

One hundred and sixty-five dollars 

Three hundred and thirty dollars, 

Fifty-four hundred dollars, 

Twenty-seven hundred and ninety 

dollars, 

Six hundred and thirty dollars. 



$450 00 

4,680 00 
330 00 

390 00 

105 00 



11,745 00 
1,005 00 

660 00 



1,425 00 
120 00 



2,130 00 

375 00 

625 00 

31,425 00 
165 00 

330 00 

5,400 00 



2,790 00 
630 00 

36,555 00 



Hampshire 

County. 



HAMPSHIRE COUNTY. 



Amherst, . 
Belchertown, 
Chesterfield, 
Cummington, 



Twenty-two hundred and sixty-five 

dollars, $2,265 00 

Nine hundred and fifteen dollars, . 915 00 

Two hundred and seventy dollars, . 270 00 

Three hundred and fifteen dollars, . 315 00 



1885. — Chapter 364. 

HAMPSHIRE COUNTY — Concluded. 



827 



Acton, 
Arlington, . 
Ashby, 
Ashland, 



MIDDLESEX COUNTY. 



Eleven hundred and ten dollars, 

Forty-three hundred and thirty-five 

dollars, 

Four hundred and thirty-five dollars, 

Eleven hundred and eighty -five dol- 
lars, 



Hampshire 

County. 



Easthampton, . 


Twenty-one hundred dollars, . 


$2,100 00 


Enfield, 


Six hundred and forty-five dollars, . 


645 00 


Goshen, 


One hundred and five dollars, 


105 00 


Granby, 


Three hundred and ninety dollars, . 


390 00 


Greenwich, 


Two hundred and forty dollars. 


240 00 


Hadley, 


Ten hundred and thirty-five dollars, 


1,035 00 


Hatfield, . 


Nine hundred dollars. 


900 00 


Huntington, 


Four hundred and thirty-five dollars. 


435 00 


Middlefield, 
Northampton, . 


Two hundred and eighty-five dol- 
lars, 

Seven thousand and eighty dollars, 


285 00 
7,080 00 


Pelham, 


One hundred and fifty dollars, 


150 00 


Plainfield, . 


One hundred and fifty dollars. 


150 00 


Prescott, . 


One hundred and sixty-five dollars, 


165 00 


South Hadley, . 
Southampton, 


Sixteen hundred and sixty-five dol- 
lars, 

Four hundred and fifty dollars. 


1,665 00 
450 00 


Ware, 
Westhampton, . 


Nineteen hundred and eighty dol- 
lars, 

Two hundi-ed and forty dollars. 


1,980 00 
240 00 


Williamsburg, . 


Eight hundred and fifty-five dollars, 


855 00 


Worthington, 


Two hundred and eighty-five dollars, 


285 00 




$22,920 00 



Middlesex 
County. 



1,110 00 



4,335 00 
435 00 



1,185 00 



828 



Middlesex 
County. 



1885. — Chapter 364. 

MIDDLESEX COUNTY — Continued. 



Ayer, . 


Nine hundred and thirty dollars, . 


1930 00 


Bedford, . 


Six hundred and sixty dollars, 


660 00 


Belmont, . 


Twenty-six hundred and forty dol- 






lars, 


2,640 00 


Billerica, . 


Sixteen hundred and twenty dollars, 


1,620 00 


Boxborough, 


Two hundred and twenty-five dol- 






lars, 


225 00 


Burlington, 


Four hundred and twenty dollars, . 


420 00 


Cambridge, 


Forty-four thousand eight hundred 






and thirty-five dollars, . 


44,835 00 


Carlisle, 


Three hundred and thirty dollars, . 


330 00 


Chelmsford, 


Fourteen hundred and fifty-five dol- 






lars, 


1,455 00 


Concord, . 


Twenty-eight hundred and ninety- 






five dollars, 


2,895 00 


Dracut, 


Nine hundred and ninety dollars, . 


990 00 


Dunstable, 


Two hundred and seventy dollars, . 


270 00 


Everett, 


Thirty-nine hundred and seventy- 






five dollars, 


3,975 00 


Framingham, 


Forty-eight hundred and ninety dol- 






lars, 


4,890 00 


Groton, 


Twenty-six hundred and seventy 






dollars, 


2,670 00 


Holliston, . 


Fifteen hundred dollars, . 


1,500 00 


Hopkinton, 


Two thousand and twenty-five dol- 






lars, ...... 


2,025 00 


Hudson, 


Sixteen hundred and ninety-five dol- 






lars, 


1,695 00 


Lexington, 


Twenty-one hundred and seventy- 






five dollars, 


2,175 00 


Lincoln, 


Eleven hundred and forty dollars, . 


1,140 00 


Littleton, . 


Six hundred and sixty dollars. 


660 00 


Lowell, 


Forty-one thousand five hundred 






and sixty-five dollars, . 


41,565 00 


Maiden, 


Nine thousand six hundred and 






ninety dollars, .... 


9,690 00 


Marlborough, 


Three thousand four hundred and 






ninety-five dollars. 


3,495 00 


Maynard, . 


Fourteen hundred and twenty-five 






dollars, 


1,425 00 


Medford, . 


Seven thousand and twenty dollars. 


7,020 00 


Melrose, 


Thirty-three hundred and thirty dol- 






lars, 


3,330 00 



1885. — Chapter 364. 

MIDDLESEX COUNTY — Concluded. 



829 



Middlesex 
County. 



Natick, 

Newton, 

North Reading, . 

Pepper el], . 

Reading, . 

Sherborn, . 

Shirley, 

Somerville, 

Stoneham, . 

Stow, 

Sudbury, . 

Tewksbury, 

Townsend, 

Tyngsborough, . 

Wakefield, . 

Waltham, . 

Watertown, 

Wayland, . 

Westford, . 

Weston, 

Wilmington, 

Winchester, 

Woburn, . 



Thirty-nine hundred and ninety dol 
lars, 

Twenty-four thousand one hundred 
and thirty-five dollars, . 

Four hundred and thirty-five dol- 
lars, 

Thirteen hundred and sixty-five dol- 
lars, ..... 

Two thousand and fifty-five dollars 

Seven hundred and thirty-five dol- 
lars, ..... 
Six hundred and forty-five dollars, 

Nineteen thousand seven hundred 

and twenty-five dollars, 
Twenty-six hundred and twenty^ 

five dollars, .... 
Eight hundred and ten dollai's. 

Nine hundred and fifteen dollars. 

Nine hundred and ninety dollars. 

Nine hundred and seventy-five dol 

lars, 

Three hundred and thirty dollars. 

Thirty-two hundred and ten dollars. 

Eighty-four hundred and sixty dol- 
lars, 

Sixty-six hundi-ed and seventy-five 
dollars, ...... 

Ten hundred and eighty dollars. 

Nine hundred and seventy-five dol- 
lars, 

Eighteen hundred and sixty dollars. 

Four hundred and ninety-five dol- 
lars, 

Thirty-three hundi'ed dollars, . 

Seventy-two hundred dollars, . 



$3,990 00 

24,135 00 

435 00 

1,365 00 
2,055 00 



735 00 
645 00 



19,725 00 

2,625 00 
810 00 

915 00 

990 00 



975 00 
330 00 

3,210 00 



8,460 00 



6,675 
1,080 


00 
00 


975 
1,860 


00 
00 


495 
3,300 


00 
00 


7,200 


00 


$244,575 00 



830 



Nantucket 
County. 



Nantucket, 



1885.— Chapter 364. 
nantucket county. 



Twenty-two hundred and ninety- 
five dollars, 



$2,295 00 



Norfolk County. 



NORFOLK COUNTY. 



Bellingham, 

Braintree, 

Brookline, 

Canton, 

Cohasset, 

Dedham, 

Dover, 

Foxborough 

Franklin, 

Hoi brook, 

Hyde Park, 

Medfield, 

Medway, 

Milton, 

Needham, 

Norfolk, 

Norwood, 

Quincy, 

Randolph, 

Sharon, 

Stoughton, 



Five hundred and ten dollars, . 

Twenty-seven hundred and ninety 
dollars, ..... 

Twenty-three thousand four hun 
dred and forty-five dollars, . 

Twenty-eight hundred and thirty 
five dollars, .... 

Twenty-seven hundred and fifteen 
dollars, 

Forty-eight hundred and ninety dol- 
lars, 

Four hundred and five dollars. 

Thirteen hundred and thirty-five 
dollars, 

Sixteen hundred and thirty-five dol- 
lars, 

Twelve hundred and seventy-five 
dollars, 

Four thousand_ and sixty-five dol 
lars, . 

Ten hundred and twenty dollars. 

Fourteen hundred and eighty-five 
dollars, ..... 

Ninety-eight hundred and eighty- 
five dollars, .... 

Fifteen hundred and fifteen dollars. 

Three hundred and forty-five dol- 
lars, 

Sixteen hundred and sixty- five dol- 
lars, ...... 

Sixty-seven hundred and fifty dol- 
lars, 

Twenty-one hundred and seventy- 
five dollars, 

Nine hundred and seventy-five dol- 
lars, ...... 

Nineteen hundred and fifty dollars, 



$510 00 



2,790 00 


23,445 00 


2,835 00 


2,715 00 


4,890 00 
405 00 


1,335 00 


1,635 00 


1,275 00 


4,065 00 
1,020 00 



1,485 00 

9,885 00 
1,516 00 



345 00 

1,665 00 

6,750 00 

2,175 00 

975 00 

1,950 00 



1885. — Chapter 364. 

NORFOLK COUNTY — Concluded. 



831 

Norfolk County. 



Walpole, . 
Wellesley, . 
Weymouth, 
Wrentham, 



Twelve hundred and thirty dollars. 

Twenty-nine hundred and ten dol- 
lars, 

Fifty-four hundred and ninety dol- 
lars, 

Eleven hundred and fifty-five dollars, 



PLYMOUTH COUNTY. 



Abington, . 

Bridgewater, 

Brockton, . 

Carver, 

Duxbury, . 

E. Bridgewater, . 

Halifax, 

Hanover, . 

Hanson, 

Hinghani, . 

Hull, . 

Kingston, . 

Lakeville, . 

Marion, 

Marshfield, 

Mattapoisett, 

Middleborough, 

Pembroke, . 

Plymouth, . 



Sixteen hundred and sixty-five dol 

lars, 

Two thousand and seventy dollars, 

Seventy- eight hundred dollars. 

Five hundred and ten dollars, . 

Eleven hundred and ten dollars. 

Thirteen hundred and ninety-five 
dollars, 

Two hundred and twenty-five dol- 
lars, 

Ten hundred and sixty-five dollars 

Five hundred and ten dollars, 

Thirty-one hundred and eighty dol- 
lars, 

Twelve hundred and forty-five dol 
lars, 

Sixteen hundred and sixty-five dol- 
lars, ...... 

Four hundred and thirty-five dollars. 

Seven hundred and twenty dollars, . 

Nine hundred and seventy-five dol- 
lars, 

Eleven hundred and eighty-five dol- 
lars, 

Twenty-six hundred and ten dollars, 

Six hundred dollars, 

Forty-two hundred and fifteen dol- 
lars, 



$1,230 00 



2,910 00 

5,490 00 
1,155 00 



$84,450 00 



Plymouth 
County. 



n,665 00 
2,070 00 

7,800 00 

510 00 

1,110 00 

1,395 00 

225 00 
1,065 00 

510 00 

3,180 00 

1,245 00 

1,665 00 
435 00 

720 00 

975 00 

1,185 00 
2,610 00 

600 00 
4,215 .00 



832 



Plymouth 
County. 



1885. — Chapter 364. 

PLYMOUTH COUNTY — Concluded. 



Plympton, . 
Rochester, . 
Rockland, . 
Scituate, 
South Ahington, 
South Scituate, . 
Wareham, . 
W. Bridgewater, 



Two hundred and seventy dollars. 

Four hundred and twenty dollars. 

Two thousand and ten dollars. 

Eleven hundred and seventy dol- 
lars, 

Nineteen hundred and fifty dollars. 

One thousand and five dollars, 

Ten hundred and eighty dollars. 

Eight hundred and forty dollars. 



1270 00 

420 00 

2,010 00 

1,170 00 
1,950 00 

1,005 00 

1,080 00 

840 00 



$41,925 00 



Suffolk County. 



SUFFOLK COUNTY. 



Boston, 
Chelsea, 
Revere, 
Winthrop, . 


Five hundred and seventy-eight 
thousand and fitly-five dollars, . 

Fourteen thousand four hundred 
and forty-five dollars, . 

Twenty-one hundred and sixty dol- 
lars, 

Thirteen hundred and eighty dol- 
lars, ...... 


$578,055 00 

14,445 00 

2,160 00 

1,380 00 


• 


$596,040 00 



Worcester 
County. 



WORCESTER COUNTY. 



Ashburuham, 


Eight hundred and fifty-five dollars, 


$855 00 


Athol, 


Twenty-one hundred dollars, . 


2,100 00 


Auburn, 


Four hundred and thirty-five dol- 






lars, 


435 00 


Barre, 


Thirteen hundred and twenty dol- 






lars, 


1,320 00 


Berlin, 


Four hundred and thirty-five dol- 






lars, 


435 00 


Blackstone, 


P^ighteen hundred and forty-five dol- 






lars, 


1,845 00 


Bolton, 


Four hundred and fifty dollars, 


450 00 


Boylston, . 


Four hundred and thirty-five dol- 






lars, 


435 00 



1885. — Chapter 360:. 

WORCESTER ■ COUNTY — Continued. 



833 



Worcester 
County. 



Brookfiekl, 
Charlton, . 
Clinton, 
Dana, 

Douglas, . 
Dudley, 
Fitchbui-g, . 
Gardner, 
Grafton, 
Hard wick, . 
Harvard, . 
Holden, 
Hubbardston, 
Lancaster, . 
Leicester, . 
Leominster, 
Lunenburg, 
Mendon, 
Milford, 
Millbury, . 
New Braintree, . 
Northborough, . 
Nortlibridge, 
North Brookfiekl, 
Oakham, . 
Oxford, 



Eleven hundred and fifty-five dol- 
lars, 

Nine hundred and thirty dollars, . 

Forty-four hundred and twenty-five 

dollars, 

Two hundred and forty dollars, 

Nine hundred and thirty dollai-s, . 

Eight hundred and forty dollars, . 

Ninety-five hundred and forty dol- 
lars, 

Twenty-four hundred and fifteen 
dollars, 

Eighteen hundred and sixty dollars. 

Ten hundred and thirty-five dollars, 

Eight hundred and twenty-five dol 

lars, ..... 
Nine hundred dollars. 

Six hundred and seventy-five dol 

lars, 

Twenty-two hundred and fifty dol 

lars, 

Fifteen hundred and seventy-five 

dollars, 

Thirty-four hundred and twenty 

dollars, . 
Six hundred and thirty dollars. 

Five hundred and forty dollars, 

Forty-seven hundred and forty dol 
lars, 

Eighteen hundred and ninety do! 
lars, 

Four hundred and five dollars. 

Nine hundred and ninety dollars. 

Twenty-three hundred and forty 
dollars, ..... 

Seventeen hundred and twenty-five 
dollars, .... 

Three hundred and fifteen dollars, 

Twelve hundred and forty-five dol- 
lars, 



1,155 00 
930 00 



4,425 00 
240 00 

930 00 

840 00 

9,540 00 

2,415 00 
1,860 00 

1,035 00 



825 
900 


00 
00 


675 


00 


2,250 


00 


1,675 


00 


3,420 00 
630 00 



540 00 



4,740 00 

1,890 00 
405 00 

990 00 



2,340 GO 

1,725 00 
315 00 



1,24". 00 



834 



Worcester 
County. 



1885. — Chapter 364. 

WORCESTER COUNTY — Concluded. 



Paxton, 

Petersham, 

Phillipston, 

Princeton, 

RoyalstoD, . 

Rutland, 

Shrewsbury, 

Southborough, . 

Southbridge, 

Spencer, 

Sterling, . 

Sturbridge, 

Sutton, 

Temijleton, 

Upton, 

Uxbridge, . 

Warren, 

Webster, . 

Westborough, . 

West Boylston, . 

West Brookfield, 

Westminster, 

Winchendon, 

^Vorcester, 



Two hundred and forty dollars. 

Five hundred and forty dollars, 

Two hundred and fifty-five dollars. 

Seven hundred and sixty-five dol 

lars, 

Seven hundred and five dollars, 

Four hundred and twenty dollars, 

Nine hundred dollars, 

Eleven hundred and eighty-five dol 
lars, 

Twenty-eight hundred and twenty 
dollars, .... 

Three thousand and ninety dollars 

Eight hundred and ten dollars, 

Nine hundred and thirty dollars, 

Tw^elve hundred dollars, . 

Ten hundred and ninety-five dol- 
lars, 

Seven hundred and fifty dollars, 

Eighteen hundred and fifteen doL 

lars, 

Nineteen hundred and thirty-fiv< 

dollars, 

Twenty-one hundred and forty-five 

dollars, 

Twenty-three hundred and forty 

dollars, 

Ten hundred and thirty-five dollars, 

Seven hundred and sixty-five dol- 
lars, 

Seven hundred and twenty dollars, 

Sixteen hundred and ninety-five 
dollars, 

Forty-one thousand nine hundred 
and forty dollars, .... 



$240 00 


540 


00 


255 00 


765 00 
705 00 


420 


00 


900 


00 



1,185 00 

2,820 00 

3,090 00 

810 00 

930 00 

1,200 00 



1,095 00 
750 00 



1,815 00 

1,935 00 

2,145 00 

2,340 00 
1,035 00 



705 00 
7-20 00 



1,695 00 

41,940 00 

; 125,805 00 



1885. — CHAPTER 364. 

RECAPITULATION. 



835 



Barnstable Co., 
Berkshire Co., 
Bristol Co., 
Dukes Co., 
Essex Co., 

Franklin Co., 
Hampden Co., 
Hampshire Co., 
Middlesex Co., 

Nantucket Co., 
Norfolk Co., 
Plymouth Co., 
Suffolk Co., 
Worcester Co., 



Sixteen thousand one hundred and 
twenty-five dollars, 

Thirty-two thousand four hundred 
and seventy-five dollars. 

Ninety-six thousand six hundred 
and thirty dollars, 

Twenty-seven hundred and thirty 
tlollars, 

One hundred and fifty-two thou- 
sand two hundred and fifty dol- 
lars, 

Fifteen thousand two hundred and 
twenty-five dollars. 

Sixty-six thousand five hundred 
and fitty-five dollars, , 

Twenty-two thousand nine hundred 
and twenty dollars. 

Two hundred and forty-four thou 
sand five hundred and seventy 
five dollars, .... 

Twenty-two hundred and ninety 
five dollars, . . . 

Eighty-four thousand four hundred 
and fifty dollars, . 

Forty-one thousand nine hundred 
and twenty-five dollars. 

Five hundred and ninety-six thou 
sand and forty dollars. 

One hundred and twenty-five thou 
sand eight hundred and five dol 
lars, 



Recapitulation 
by counties. 



$16,125 00 

32,475 00 

96,630 00 

2,730 00 

152,250 00 
15,225 00 
66,555 00 
22,920 00 

244,575 00 

2,295 00 

84,450 00 

41,925 00 

596,040 00 

125,805 00 



11,500,000 00 



Section 2. The treasurer of the Commonwealth shall Treasurer of the 

. Commonwealili 

lorthwith send his warrant, directed to the selectmen or to issue war 

assessors of each city or town taxed as aforesaid, requiring 

them respectively to assess the sum so charged, according 

to the provisions of chapter eleven of the Public Statutes, 

and to add the amount of such tax to the amount of town 

and county taxes to be assessed by them respectively on 

each city and town. 

Section 3. The treasurer of the Commonwealth in his to require 

, 1 11 • xi '11, i selectmen or 

warrant shall require the said selectmen or assessors to assessors to 
pay, or issue severally their warrant or warrants requiring ^ d^tyTr town 
the treasurers of their several cities or towns to pay, to treasurers. 
the treasurer of the Commonwealth, on or before the tenth 



836 



1885. — Chapter 365. 



To notify 
trcaeurtTB of de- 
linquent cities 
and towns. 



Warrant of 
distress, may 
issue. 



day of December in the year eighteen hundred and eighty- 
five, the sums set against said cities and towns in the 
schedule aforesaid ; and the selectmen or assessors re- 
spectively shall return a certificate of the names of the 
treasurers of their several cities and towns, with the sura 
which each may be required to collect, to the treasurer of 
the Commonwealth, at some time before the first day 
of October in the year eighteen hundred and eighty-five. 

Section 4. If the amount due from any city or town, 
as provided in this act, is not paid to the treasurer of the 
Commonwealth within the time specified, then the said 
treasurer shall notify the treasurer of such delinquent city 
or town, who shall pay into the treasury of the Common- 
wealth, in addition to the tax, such further sum as would 
be equal to one per centum per month during such delin- 
quency, from and after the tenth day of December in the 
year eighteen hundred and eighty-five; and if the same 
remains unpaid after the first day of January in the year 
eighteen hundred and eighty-six, an inlbrmation may be 
filed by the treasurer of the Commonwealth in the supreme 
judicial court, or before any justice thereof, against such 
delinquent city or town ; and upon notice to such city or 
town, and a summary hearing thereon, a warrant of dis- 
tress may issue against such city or town, to enforce the 
payment of said taxes under such penalties as said court 
or the justice thereof before whom the hearing is had shall 
order. 

Section 5. This act shall take eff'ect upon its passage. 

Approved June 19, 1885. 



Chap.d65 



Sentence not 
less than one 
nor more than 
two years. 



An Act in relation to the punishment of persons committing 
offences named in sections twenty-nine and forty- two of 
chapter two hundred and seven of the public statutes, 
or convicted of a third offence of drunkenness within 

ONE YEAR. 

Be it enacted, etc., as follows: 

Section 1. Male persons committing any of the 
oflences named in sections twenty-nine and forty-two 
of chapter two hundred and seven of the Public Statutes 
may be sentenced to the Massachusetts reformatory for 
not less than one year nor more than two years. 

Section 2. If a male person is guilty of drunkenness, 
who has been convicted of a like offence twice before 



1885. — Chapter 3G6. 837 

within the next preceding twelve months, he may be sen- 
tenced to the Massachusetts reformatory for not less than 
one nor more than two years. Approved Jane 19, 1885. 

Ak Act to gonkiru cektain acts of the naumkeag stueet ni^fjr-f Q(^(^ 

RAILWAY COMPANY. ^ * 

Be it enacted, etc., as follows : 

Section 1. Chapter two hundred and sixty of the acts May construct 
of the year eighteen hundred and seventy-four is hereby h/MarbTeiTead, 
amended by inserting at the end of the first section thereof If.voriy! """^ 
the following words: "Said corporation shall likewise ^^'^•,^'"^- 
have authority to locate, construct, maintain and operate 
a street railway for public use in the conveyance of per- 
sons in the city of Salem and towns of Marblehead, Pea- 
body and Beverly, in addition to that of the Salem Street 
Railway Company." 

Sectiox 2. The acts of the Naumkeas: Street Railway Acts confirmed 

^~ J , . •Til ^"d made valid. 

Company, the corporation organized under chapter two 
hundred and sixty of the acts of the year eighteen hundred 
and seventy-four in locating, constructing, maintaining 
and operating a street railway in the city of Salem and 
towns of Marblehead, Peabody and Beverly, in addition 
to that of the Salem Street Railway Company are hereby 
confirmed and made valid. 

Section 3. The mortgage executed ])y the Naumkeas: Mortgage con- 
Street Railway Company the fifth day of March, eighteen 
hundred and seventy-five, upon its net receipts, tolls, 
profits, earnings and income in the sum of fifty thousand dol- 
lars is hereby confirmed and ratified to the same extent as if 
said mortgage had been authorized prior to its execution. 

Section 4. The Naumkeag Street Railway Company May include 
is hereby empowered to include and cover by the mort- propmyMr 
gage authorized by chapter one hundred and twenty-six ™o'"'sa«'^- 
of the acts of the present year the railway located, con- 
structed, maintained or operated by it in the city of Salem 
and towns of Marblehead, Peabody and Beverly and any 
and all other property real or personal whether now or 
hereafter owned by said company, and used in connection 
with the operation of its railway or any part thereof ex- 
cepting the Salem Street Railway and the property of the 
Salem Street Railway Company as described in a lease to 
J. P. Robinson dated August twenty-four, eighteen hun- 
dred and seventy-one. 

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

Approved June 19, 1885^ 



838 1885. — Chapters 367, 3G8, 369. 

ChCip.SQl ^^ ^'^'^ "^O AUTHORIZE THE SOCIETY FOR THE RELIEF OF AGED 
AND DESTITUTE CLERGYMEN TO HOLD ADDITIONAL PERSONAL 
PROPERTY. 

Be it enacted, etc., asfoUoios: 
Personal estate SECTION 1. The Society for the Relief of Aged and Des- 
fioo.ouo. titute Clergymen, incorporated by chapter one hundred 

and eighteen of the acts of the year eighteen hundred and 
fifteen, may receive and acquire by gift, bequest, })urchase 
or otherwise, and may take, hold, manage, convey and 
dispose of, for the purposes of its incorporation, personal 
estate to an amount not exceeding one hundred and fifty 
thousand dollars. 

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

Approved June 19, 1885. 



Chap.dijS 



An Act providing for the transfer of certain lands in 
westborough to the trustees of the -westiiorol'gh insane 
hospital. 

Be it enacted, etc., as follows : 

Lands, etc., to All the lands and buildings thereon formerly belonging 
to'^west'boTOugh to the state reform school in Westborough, and now con- 
i" Tmst!''*^'*''^ trolled and occupied by the Lyman school for boys, shall, 
whenever the same are vacated by said school, be trans- 
ferred to the trustees of the Westborough insane hospital 
in trust for the Commonwealth. 



Approved June 19, 1885. 



Cliap.?>m 



reports. 



An Act concerning the printing and distribution of certain 
reports and public documents. 

Be it enacted, etc., as follows: 

Documenta and SECTION 1. There shall be printed annually the num- 
ber of copies of documents and reports specified in this 
section, the same to be numbered in the series of Public 
Documents, and distributed as herein provided : — 

Agriculture. Report of secretary of board of agriculture, twelve thou- 

sand copies ; twenty-five copies thereof to be furnished to 
each member of the legislature. 

Agricultural Report of trustees of the agricultural college, thirty-five 

hundred copies ; two thousand of which shall be for the 
use of the college. 

Savings banks. Report of saviugs banks commissioners, two thousand 
copies. 



1885. — Chapter 3G9. 839 

Report of the chief of the district police, fifteen hundred District police. 
copies. 

Report of bureau of statistics of labor, five thousand Bureau of sta- 

.•■ ,. TT- 1 n ^ 1 •\ • • tistiCB of labor. 

copies, and in addition thereto live hundred copies in 
parts. 

Report of treasurer and receiver-general, fifteen hundred Treasurer. 
copies. 

Report of attorney-general, twelve hundred and fifty Attcroey. 

seneral. 

copies. 

Report of auditor of accounts, fifteen hundred copies. Auditor. 

Report of adjutant-general, tAVo thousand copies. ^Jn"raT' 

Report of trustees of the Perkins institution and Massa- school for the 
chusetts school for the blind, twelve hundred and fifty ''''■"^• 
copies. 

Abstract of returns of corporations, twenty-five hun- corporations. 
dred copies. 

Reports of trustees of the lunatic hospitals at North- };"J'f4u 
ampton, Taunton, Worcester, Danvers and Westborough, 
and the state workhouse at Bridgewater, two thousand 
copies each. 

Of that portion of the report of board of commissioners Massachusetts 
of prisons referring to the Massachusetts reformatory, five reformatory. 
hundred copies, to be furnished to the superintendent. 

Report of secretary of board of education, forty-five Education. 
hundred copies. 

Supplementary report of the health department of the Health, lunacy 
board of health, lunacy and charity, five thousand copies. ^" '"''"'"'y- 

Report of board of control of the agricultural experi- Agricultural 

*■ . .11 1 • • 1 ^ c experiment 

ment station, eight thousand copies; six thousand oi station. 
which shall be for the use of said board of control. 

Report of registration of births, marriages and deaths, Registration. 
two thousand copies. 

Report of librarian of state library, fifteen hundred state iibra.y. 
copies. 

Report of state almshouse, fifteen hundred copies. hou'sV?^"^ 

Section 2. Six thousand five hundred copies of the Acts and 
volume of the acts and resolves of the Commonwealth, '^^*"'^'<^*- 
provided for in section one of chapter four of the Public 
Statutes, shall be printed annually ; ten copies thereof 
shall be furnished to each member of the general court, 
and to the clerks of the two branches. 

Section 3. There shall also be printed the follow- 
ing : — 

Of the manual of the general court, to be prepared each Manual. 
year by the clerks of the two branches, six thousand five 



840 



1885. — Chapter 370. 



List of mem- 
bers, etc. 



Bules. 



Governor's 
address. 



Repeal. 



hundred copies. Each member of the general court shall 
be entitled to receive twelve copies. 

Of the lists of the members and committees of the gen- 
eral court, to be prepared each year by the clerks of the 
two branches, twelve hundred copies. 

Of a book containing the rules of the two branches of 
the general court, with notes of rulings of the presiding 
officers, a list of members and committees of the general 
court, in convenient form for pocket use, to be prepared 
each year by the clerks of the two branches, seven hun- 
dred copies, three hundred and fifty of which shall be 
bound in memorandum-book form ; the same to be for the 
use of members and officers of the general court. 

Of the governor's address, nine hundred copies for the 
use of the general court, and one thousand one hundred 
copies in addition ; five hundred copies of which shall be 
for the personal use of the governor. 

Section 4. Chapter one hundred and sixty-six of the 
acts of the year eighteen hundred and eighty-four, and so 
much of chapter four of the Public Statutes as is incon- 
sistent with this act are repealed. 

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

AjJjivoved June 19, 1885. 



Chan S70 -^^ ^^^ '^^ change the name of the corporation known as 

^ ' LA I5ANQUE CO-OPEUATIVE CANADIENNE, AND TO CONFIRM ITS 

DOINGS. 

Be it enacted, etc., as follows: 

Name changed. SECTION 1. The uamc of "La Banque Co-operative 
Canadienne," a corporation established under the laws of 
the Commonwealth, and having its place of business in the 
city of Lowell, is hereby changed to " The Canadian Co- 
operative Bank of Lowell." 

Section 2. All acts of said corporation or of the 
officers thereof, heretofore done by them or any of them, 
shall have the same force and validity that they would 
have had if the name of the corporation had been " The 
Canadian Co-operative Bank." 

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

Approved June 19, 1SS5. 



Acts made 
valid. 



1885. — Chapters 371, 372. 841 

An Act relative to advertising hearings before legisla- 0/i«?9.371 

TIVE committees. 

Be it enacted, etc., as follows : 

Section 1. No committee of the general court, or of ^^'^^^g^^J!^®^''"* 
either branch thereof, shall advertise in any newspaper, at before legisia- 
the expense of the Commonwealth, any hearing on any 
application for private or special legislation, except in 
such cases as are referred to in chapter twenty-four of the 
acts of the year eighteen hundred and eighty-five ; and 
then only in cases where the parties interested can best be 
notified of the hearing by such advertisement. 

Section 2. Advertisements of hearings in such cases Designation of 
as are authorized in section one and on matters of general "'^^"p^p®"- 
legislation, shall be published only in such newspapers as 
may be designated by the chairman on the part of the 
senate and house, and the clerk of a joint committee, and 
the chairman and clerk of a committee of either branch ; 
and in each case the order for the advertisement shall be 
signed by the officers named, and be filed with the auditor 
of the Commonwealth, who shall forward a copy of the 
same to the newspaper or newspapers designated, and 
shall certify all bills for publishing such advertisements. 
And the auditor shall during the first week in April in 
each session report in detail to the general court the 
expenses incurred under this act by the several com- 
mittees. 

Section 3. No hearing relative to any matter of ^J^^papers 
general legislation shall be advertised in more than three limited. 
newspapers published in Suffolk County, nor in more than 
two newspapers published in any other county. 

Section 4. Section forty-two of chapter sixteen of the 
Public Statutes is repealed. 

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

Approved June 19, 18S5. 

An Act to authorize the quincy water cojipany to supply nhnjy Q72 

THE TOAVN OF MILTON WITH WATER. ^ 

Be it enacted, etc., asfolloivs: 

Section 1. The Quincy Water Company, a corpora- Quincy water 
tion established under chapter one hundred and sixty-two ^u|?^?y"to^"'*of 
of the acts of the year eighteen hundred and eighty-three, ^ate'r"'^'"' 
is authorized to furnish from its water supply to the town 
of Milton a supply of water for the use of said town for 



842 



1885.— Chapter 372. 



Subject to ac- 
ceptance by the 
town. 



Company may 
dig up lands, 
lay down pipes, 
etc. 



Town may pur- 
chase conduits, 
pipes, etc. 



Subject to 
assent by a two- 
thirds vote. 



the extinguishment of fires and for other town purposes, 
and may contract with said town for such supi)ly of water, 
on such terms as may be agreed upon between said com- 
pany and said town, subject to the prior rights of the town 
of Quincy ; but in no case without the consent of a 
majority of the selectmen of said town, ratified by a 
majority of its voters present and voting thereon at a 
legal town meeting called for that purpose. 

Section 2. In case said town shall contract with said 
company for a supply of water, the said company may, 
under the direction of the road commissioners of said 
town, enter upon and dig up any public or private ways 
in said town, in such manner as not unnecessarily to ob- 
struct such ways, for the purpose of constructing, main- 
taining and repairing its conduits, pipes, hydrants and 
other works in said town : provided, that the said town 
may construct its own conduits, pipes, hydrants and other 
works, and do all other things necessary for the purposes 
of this act within its own limits. 

Section 3. In case the said company shall construct 
conduits, pipes, hydrants and other works in said town, 
as provided in section two, the said town shall have the 
right at any time to purchase the conduits, pipes, hy- 
drants and other works of said company in said town, and 
the right to receive water through the same, at a price 
which may be mutually agreed upon between said com- 
pany and said town ; and the said company is authorized 
to make sale of the same to said town. In case the said 
company and said town are unable to agree, then the 
compensation to be paid shall be determined by three 
commissioners, to be appointed by the supreme judicial 
court upon application of either party and notice to the 
other, whose award, when accepted by said court, shall 
be binding upon all parties. This authority to purchase 
said right and property of said company 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 
votino; thereon at a legal town meeting; called for that 
purpose. 

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

Approved Jane 19, 1885. 



1885. — Chapters 373, 374 843 

An Act to authorize the charitable IRISH society to hold ^^ qrro 

ADDITIONAL REAL AND PERSONAL PROPERTY AND TO ISSUE BONDS J- ' 

FOR BUILDING PURPOSES. 

Be it enacted^ etc., as follows: 

Section 1 . The Charitable Irish Society, a corpora- AddiUonni reai 
tioii duly established by chapter forty of the acts of the estiteTmay' 
year one thousand eight hundred and nine, is authorized issue bonds. 
to hold real and personal property to the amount and 
value of two hundred thousand dollars, and to issue its 
corporate bonds for an amount not exceeding two hundred 
thousand dolhirs and to secure the same, if it so elects, 
by a mortgage of its real and personal property ; the pro- 
ceeds of said bonds to be devoted to the erection of a 
building for said society in the city of Boston. Said 
bonds shall be expressed to be redeemable within thirty 
years from the first day of January, A.D. eighteen hun- 
dred and eighty-six, and shall bear interest at a rate not 
exceeding six per centum per annum payable semi- 
annually. 

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

Approved June 19, 18S5. 

An Act relating to the inspection and construction of Hl^rt^^ S74 

BUILDINGS IN THE CITY OF BOSTON. * 

"Be it enacted, etc., as folloivs: 

Section 1. There shall be in the city of Boston a Department for 
department, to l)e called the Department for the Inspec- bunaKn^""^ 
tion of Buildings ; which shall be furnished, at the expense ^o^'o"- 
of the city, with office room and such supplies for the 
transaction of its business as the city council may provide. 
The compensation of its officers shall be provided for by 
said city by ordinance. 

Section 2. The chief ofiicer of said department shall inspector. 
be called the inspector of buildings, and shall be appointed 
by the mayor and confirmed by the board of aldermen. 
He shall hold office for the term of three years, or until 
his successor shall be appointred and confirmed ; but may 
be removed by the mayor for malfeasance, incapacity or 
neglect of duty. 

Section 3. The other officers of said department shall Assistant in- 
consist of a clerk, and such number of assistant inspectors cierk. 
as the city council may, from time to time, by ordinance 
determine ; all of whom shall be appointed by the inspec- 



8U 



1885. — Chapter 374. 



Inspector and 
as8iMtant8 to be 
architects or 
builders, etc. 



May enter any 
building. 



Inspector to 
keep a record 
and make an- 
nual report. 



If owner of 
building is ag- 
grieved matter 
to be settled by 
referees. 



Clerk to have 
direction of 
employees. 



Assistant in- 
spectors to 
attend tires and 
report. 



Buildings in 
course of 
erection or 
alteration. 



tor, with the approval of the mayor, and shall hold office 
during good behavior ; but may be removed by the in- 
spector, with the approval of the mayor, for malfeasance, 
incapacity or neglect of duty. 

Section 4. The inspector and assistant inspectors of 
the department shall be able and experienced architects, 
builders or mechanics, and shall not be empk)yed or en- 
gaged in any other business, or be interested in any con- 
tract for buildino; or for furnishing materials. 

•Section 5. All said officers may, as far as necessary 
for the performance of their duties, enter any building or 
premises in the city of Boston. 

Section 6. The inspector shall keep a record of the 
business of said department ; submit to the city council a 
yearly report of such business ; ascertain all facts and 
make all returns which shall be required by law relative 
to steam boilers ; and enter upon the premises wherein 
any fire has occurred, if necessary, in order to investigate 
the origin of the fire ; may require plans and specifications 
of any proposed erection or alteration of any building ; 
and shall grant permits for such erection or alteration, 
when in conformity with the requirements of this act. 

Section 7. Should the owner of any Ijuilding object 
to any order or decision of said inspector, on a matter 
left by this act to his approval or control, and choose a 
referee to serve as hereinafter provided, within three days 
after being notified of such order or decision, the matter 
shall be referred to three referees, who shall be either 
architects or master builders, one chosen by the inspector, 
one by the owner, and a third by these two ; and the de- 
cision thereon in writing of these referees, or a majority 
of them, shall be final and conclusive. 

Section 8. The clerk shall, under the direction of 
the inspector, have supervision and direction of the other 
officers and employees of the department. 

Section 9. The assistant inspectors of buildings shall 
attend all fires occurring in the districts to which they are 
respectively assigned, and report to the chief or assistant 
engineer of the fire department, present, all information 
they may have relative to the construction and condition 
of the premises on fire, and also any such information 
relating to the adjoining buildings. 

Section 10 The inspector, or his assistants, shall 
examine all buildinics in the course of erection or altera- 



1885. — Chapter 374. 845 

tion, as often as practicable, and make a record of all vio- 
lations of this act, with the sti'eet and number where snch 
violations are found, the names of the o^Yner, architect 
and master mechanics, and all other matters relative 
thereto. 

Section 11. The inspector, or his assistants, shall ex- Buildings, 
amine all buildings reported dangerous, or damaged by dal^Jedby'^tire 
tire or accident, and make a record of such examinations, or accident. 
including the nature and amount of such damage, with 
the name of the street and number of the building, the 
names of owner and occupant and for what purpose occu- 
pied, and, in case of fire, the probable origin thereof; ex- 
amine all buildings for which applications have been made 
to raise, enlarge, alter or build upon, and make a record 
of the same. Said records shall always be open to the 
inspection of the engineers of the fire department or any 
oflacer of the city. 

Section 12. In the absence of the inspector, one of the Deputy in- 
assistant inspectors may be appointed by him to act as "P'^'^''""- 
his deputy, who shall exercise all the powers of the in- 
spector. 

Section 13. No work except necessary repairs shall ^^,™M°'' 
be done upon any wall, structure or building in said Bos- 
ton without a permit from said inspector of buildings, nor 
except in conformity with the provisions of this act. 

Section 14. The inspector of buildings shall desig- Lowest gra.ie 
nate, in every permit for the erection of a new building, ^'^'^ ^^^^^'""'''"^■ 
the lowest grade at which the floor of the basement story 
of said building shall be laid. 

Section 15. The said inspector shall not give a per- pians and spe- 

., /■ .1 ,• n I •! -1 • .•! 11 x" 1 1 ciftcations to be 

mit for the erection of any buildmg until he has carefully carefuiiy in- 
inspected the plans and specifications thereof, ascertained g?e8°8ln'dTgre8B. 
that the building has sufficient strength, and that the 
means of ingress and egress are sufficient. A copy of 
plans and specifications of every public building shall be 
deposited in the office of the inspector. 

Section 16. Every wall, structure and building here- Buildings to 
after built or altered in said city shall conform to the pro- 'th"8act!^° 
visions of this act, so far as they are applicable, except 
bridges, quays, wharves and buildings belonging to the 
government of the United States or the Commonwealth of 
Massachusetts. 

Section 17. In this act the following terms shall have Meaningof 

,1 . j'l • -t A it terms used. 

the meanings respectively assigned to thorn : — 



846 



188^ 



Chapter 3T4. 



Meaning of 
terms used. 



Height of a 
wall. 



Thickness. 



"Alteration" means any change or addition except 
necessary repairs in, to or upon any building, affecting an 
external, party or partition wall, chimney, floor or stair- 
way, and " to alter" means to make such change or addi- 
tion. 

" Brick building" means a building the walls of which 
are built of brick, stone, iron or other substantial and 
incombustible materials. 

*' Cellar" means a basement or lower story of any 
building of which one-half or more of the height from the 
floor to the ceiling is below the level of the street 
adjoining. 

"External wall" means every outer wall or vertical 
enclosure of a building other than a party wall. 

" Foundation" means that portion of a wall below the 
level of the street curb, and where the wall is not on a 
street, that portion of the wall below the level of the 
highest ground next to the wall. 

"Inspector" means the inspector of buildings of the 
city of Boston. 

"Lodging house" means a building in which persons 
are temporarily accommodated with sleeping apartments, 
and includes hotels. 

"Partition wall" means any interior wall of masonry 
in a building. 

"Party wall" means every wall used, or built in order 
to be used, as a separation of two or more buildings. 

"Public building" means every building used as a 
church, chapel or other place of public worship ; also every 
building used as a college, school, public hull, hospital, 
theatre, public concert room, public ball room, public 
lecture room or for any public assemblage. 

"Tenement house" means a building which, or any 
portion of which, is to be occupied, or is occupied, as a 
dwelling by more than three families living independently 
of one another, and doing their cooking upon the prem- 
ises ; or by more than two families above the second floor, 
so living and cooking. 

" Wooden building" means a wooden or frame building. 

Section 18. The height of a wall means the height 
from the mean grade of the sidewalk or adjoining ground 
to the highest point of the wall. 

Section 19. The thickness of a wall means the mini- 
mum thickness of such wall. 



1885. — Chapter 374. 847 

Section 20. The city council of said city may by city council 
ordinance make such requirements, in addition to those ITdluti^naf 
contained in this act, as they may deem expedient in rela- •■equiremente. 
lion to the erection and alteration of wooden buildings 
outside the building limits. 

Section 21. The city may from time to time, by ordi- Buuding umits. 
nance, extend and establish building limits in said city, 
and within those limits every building built after such 
establishment shall be of brick, stone, iron or other sub- 
stantial and incombustible material, and only the follow- 
ing wooden buildings shall be allowed, viz : Sheds not 
exceeding twenty-seven feet in height, on wharves, to be 
used for any lawful purpose ; sheds of same height, in all 
parts of said limits, to be used for market purposes or to 
facilitate the building of authorized buildings ; and elevat- 
ors of any height for the storage of coal and grain ; all 
external parts of which sheds and elevators shall be cov- 
ered with incombustible material, and the materials used, 
the mode of constriiction and the location shall be ap- 
proved by the inspector. 

Section 22. Any wooden building within said limits Alteration of 

■,,.-. .-,. '-' ,, wooden build- 

may be altered or repaired m any manner approved by ings. 

the inspector, provided neither its area nor height is 

increased. 

Section 23. No wooden building within or without Moving wooden 
the building limits shall be moved to any lot within said "' '"^^" 
limits where it would be in violation of law to build such 
wooden building. 

Section 24. In all calculations for the strength of strength of 
materials to be used in any building, the proportion tcHais.'^ ™'*' 
between the safe weight and the breaking weight shall be 
as one to three, for all beams, girders and other pieces 
subjected to a cross strain ; and as one to six for all posts, 
columns and other vertical support, and for all tie rods, 
tie beams and other pieces subjected to a tensile strain ; 
and the requisite dimensions of each piece of material are 
to be ascertained by computation by the rules given by 
the best authorities, using for constants in the rules only 
such numbers as have been deduced from experiments on 
materials of like kind with that proposed to be used. All 
mortar and cement shall be of the best quality for the 
purposes for which they are applied, and shall be properly 
mixed. 



848 



1885. — Chapter 374. 



Buildings to be 
inspecteil before 
alteration. 



Wall not to be 
cut off or 
altered without 
permit. 



Bay windows. 



Thickness of 
'walls. 



Walls of in- 
combustible 
material. 



Foundation of 
brick building. 



Excavations, 
protection of 
adjoining 
structures. 



Section 25. No building now or hereafter bnilt shall 
be altered until it has been examined and approved by 
the inspector as being in a good and safe condition to be 
altered as proposed, and the alteration so made shall con- 
form to the provisions of this act. 

Section 26. No wall of any building now erected, or 
hereafter to be built or erected, shall be cut off or altered, 
without a permit so to do having been tirst obtained from 
the inspector. Every temporary support placed under any 
structure, wall, girder, beam or column during the erec- 
tion, finishing, altering or repairing of any building, or 
part thereof, shall be equal in strength to the permanent 
support required for such construction. And the walls 
and roof of every building shall be strongly braced from 
the beams of each story until all the bearing parts of the 
construction are completed, unless omitted by consent of 
inspector. 

Section 27. No bay window or other structure shall 
be placed upon any building so as to project over any 
public way or square, without the permission of the board 
of aldermen given after due notice and hearing, and then 
only in such manner as shall be approved by the inspector. 

Section 28. In the erection or alteration of any 
building the material of which, in whole or in part, is 
other than brick, stone or wood, the thickness of walls, of 
such material and the method of construction shall be 
such as the inspector shall approve. 

Section 29. All buildings in said city, to be used for 
tenement houses or l