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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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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- ^^^^' ^^'

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."]

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.

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.

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.

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.

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

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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,

Page

21
21
30, 35
28
26

35,36

40, 41

39, 45

39, 43

7
7

20, 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

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

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

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

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

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

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

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

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

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

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

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

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

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,

21
21
26

20
21, 34
34
21
21

21
21

21, 34
21
21
22

31
17

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

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

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

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

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

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

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

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

University at Cambridge 26, 27, 28, 46

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

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

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

ACTS AND RESOLVES

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:

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.

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

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 :

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

600

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

690

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

465

990

$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

285

375

2,790
150

00
00

165

240

180 00

2,430 00

285
615

00
00

1,545 00
150 00

750

135

360 00

270 00

165

390

$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

$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

2,250

1,675

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

255 00

765 00
705 00

420

900

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-

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 lodging houses, and all buildings for
any purpose within the building limits, except as provided
in sections twenty and twenty-one, shall have external
and party walls of brick, stone, iron or other substantial
and incombustible material, and shall be subject to all the
requirements for a '* brick building," except as otherwise
expressly stated.

Section 30. Every brick building hereafter built in
said city shall be built upon a foundation resting not less
than four feet below the surface exposed to frost, upon
the solid ground, or levelled surfaces of solid rock, or
upon piles, concrete or other solid substructure.

Section 31. Whenever any excavation, in the city of
Boston, is to be carried to the depth of more than ten feet
below the grade of street, and tlaere shall be any wall or
structure wholly or partly on adjoining land, or near the

1885. — Chapter 374 849

intended excavation, the party causing such excavation to Excavations.
be made, if afiorded the necessary permission to enter on
such adjoining land, shall at all times, from the com-
mencement until the completion of such excavation, at his
own expense, preserve such wall or structure from injury,
and so support the same by proper foundations that it
shall remain as stable as before the excavation was com-
menced. Should the person making such excavation fail
to protect said wall or structure from injury for twenty-
four hours after being notified by the inspector of build-
ings so to do, the inspector may enter upon said premises
and employ such labor and furnish such materials and take
such steps as in his judgment may be necessary to make
said wall or structure safe and secure ; and any person or
persons doing said work, or any part thereof, by the
order and direction of the inspector, may bring and main-
tain an action against the party causing such excavation
to be made for the value of such work. The party caus-
ing such excavation to be made may recover compensation
from the adjoining owner, in case such adjoining owner
should at any time thereafter make any use of said foun-
dations below said ten feet below grade.

Section 32. Piles driven for a wall to rest upon shall Driving of piles,
be not less than live inches in diameter at the smallest '^'°'
end, and shall be spaced not more than three feet on cen-
tres, in the direction of the length of the wall, and nearer
if required by the inspector ; they shall be driven to a solid
bearing, to be ascertained by boring, at the expense of
the owner, when required by the inspector. The in-
spector shall determine the grade at which piles shall be
cut oif.

Section 33. Walls not exceeding tvveuty feet in waiis twenty
height, where piling is necessary, may rest on a single may'rest'^o^n'''
row of piles, if deemed advisable by the inspector; walls pVi^gf"^"^"^
exceeding twenty feet in height shall rest on not less than
two rows of piles. Extra piles shall be driven where
required by the inspector.

Section 34. For brick buildings exceeding thirty-five Foundation, etc.
feet in height, there shall be under all foundation walls, Tng/exoeed'ing
piers, columns, posts and pillars resting on the earth, a In 'height ^'"'*
footing or base course of stone or concrete, which, if un-
der a foundation wall, shall be not less than twelve inches
wider than the bottom width of said wall, and not less
than twelve inches thick ; and if under piers, columns,

850

1885. — Chapter 374.

posts and pillars, shall be of stone, and not less than
twelve inches wider on all sides than the bottom area of
said piers, columns, posts and pillars, and shall be not
less than two feet by three feet in area by twelve inches
in thickness, and when laid, to be thoroughly bedded in
cement. If the walls rest on isolated piers, then there
must be under such piers, footings, at least sixteen inches
thick, thoroughly bedded in cement. All piles shall be
capped with block granite levellers, each stone to have a
firm bearing ou at least one pile in each row.
w°au"/o*f brick SECTION 35. Foundation walls of brick buildings,

buiidin^H other other than dwelling, tenement or lodging houses, shall be

than dwellings, /..ii i-i-i- i

etc. constructed oi block stone, laid m horizontal courses,

with good bed and build surfaces, wedged with slatestone
and laid in cement mortar, and eight inches thicker than
the external or party wall immediately above and over
the same ; if said foundation is to be set to a depth of
more than fifteen feet below the grade of the street, for
each and every five feet additional depth greater than fif-
teen feet below the grade of street it shall be increased
four inches in thickness. Foundations of such buildings
not more than forty feet in height may be built of rubble
work laid in cement and sand mortar, if the thickness of
the foundation walls is one-fourth greater than given for
block stone, and laid as specified in section thirty-six.
In case of severe thrust or pressure on said walls, from any
cause, there shall be such extra strengthening of said
walls by thickening or by buttresses, or both, as the in-
spector may approve.

Section 36. Foundation walls of brick buildings to
be used as dwelling, tenement or lodging houses, not ex-
ceeding thirty-five feet in height, if laid with block stone
in horizontal courses, shall be not less than eighteen
inches thick, or if in brick laid in cement, shall be not
less than sixteen inches thick ; exceeding thirty-five and
not exceeding sixty feet in height, the foundations shall
be not less than twenty-four inches thick, if laid in block
stone in horizontal courses ; if in brick laid in cement not
less than twenty inches thick ; for every fifteen feet addi-
tional height the thickness of foundations shall be increased
four inches ; if the walls do not exceed seventy-five feet
in height the foundation walls may be built of uncoursed
rubble work laid in cement mortar ; but in all cases the
thickness shall be one-fourth greater than that given for

Foundation
walls of brick
buildings, for
dwelling, trne-
ment or lodging
houses.

1885. — Chapter 374. 851

block stone, and the work shall be thoroughly bonded,
and, at least, two-thirds of the bulk of the wall shall be
through stones, and no round or boulder stones shall be
used : provided, that when such walls are laid on piles
the lower course shall be block stone, not less than six-
teen inches in height.

Section 37. All brick walls and buttresses shall be of ^^tuhaped"^
merchantable, well shaped bricks, well laid and bedded, merchantable

oriclis 6tC*

with well tilled joints, in lime or cement mortar, and well
flushed up at every course with mortar ; and all brick
used during the warm months shall be well wet at the
time they are laid, and shall be dry at the time they are
laid during the cold months.

Section 38. All walls of brick, stone or other similar waiis of brick,
material shall be thoroughly and practically bonded and thoroughly
tied, and solidly put together; shall be built to a Hue, ^°°d'^'^'e'°-
plumb and straight, and laid with mortar or cement, and
all supports of the same shall be of iron, brick, or stone,
and of sufficient size and strength to safely support the
superstructure.

Section 39. Vaulted walls of the same thickness, vaulted waiis.
independent of withes, may be used instead of solid
walls, and the walls on either side of air space shall be
not less than eight inches thick, and tied together per-
pendicularly with continuous withes of hard burned brick,
of good quality, or other approved material, which shall
be not more than three feet apart, and the air space shall
be smoothly plastered.

Section 40. Where a wall is finished with a stone stone cornice.
cornice, the greatest weio;ht of material of such cornice
shall be on the inside of the face of the wall, so that the
cornice shall firmly balance upon the wall.

Section 41. Every ninth course at least of a brick Every ninth
wall shall be a heading or bonding course, except where bZde'd.''
walls are faced with face brick, in which every ninth
course shall be bonded with Flemish headers or by cut-
ting the course of the face brick and putting in diagonal
headers behind the same.

Section 42. Every party wall shall be built through. Party waiis to
and at least twelve inches above or distant from the roof andatiea/t°'^
boarding, at every part of the roof; shall be entirely LlJ^^^,^;'/"'
covered with metal securely fastened, and corbelled to
the outer edge of all projections ; or a gutter stone of
suitable dimensions and properly balanced may be in-

852

1885. — Chapter 374.

Floor limbers
eutcring party
■walls.

External walls
of brick
buildings to be
used as dwell-
irgs, etc.

External walls
of buildings
other tbau
dwelling, etc.,
houses.

All roof or floor timbers entering the

serted in place of the corbelling. But where the walls
extend thirty-six inches above the adjoining building,
parapet walls may be omitted

Section 43
same party wall from opposite sides shall have at least
four inches solid brick work between the ends of said
timbers.

Section 44. External walls of brick buildings to be
used as dwelling, tenement and lodging houses, not more
than twenty feet in width, and thirty feet in height, and
not exceeding forty feet in depth, may have eight inch
walls ; not exceeding sixty feet, shall be not less than
twelve inches thick the entire height ; exceeding sixty
feet, and not exceeding seventy feet in height, shall be
sixteen inches thick to a height of twenty feet, or the
lop of the second floor, and twelve inches the remaining
height ; exceeding seventy feet, and not exceeding eighty
feet in height, shall be twenty inches thick to the top of
the second floor, and sixteen inches thick to thfi top of
the upper floor, and twelve inches the remaining height,
if the upper story is not more than ten feet in height ;
exceeding eighty feet, and not exceeding one hundred
feet in height, shall be twenty-four inches to the second
floor, and sixteen inches thick the remaining height ; ex-
ceeding one hundred feet in height, the additional thick-
ness shall be determined by the inspector.

Section 45. Brick buildings to be used as other than
dwelling, tenement or lodging houses, shall have external
walls not exceeding forty feet in height, not less than six-
teen inches thick to the top of the second floor, and not
less than twelve inches thick the remaining height ; ex-
ceeding forty feet, and not exceeding sixty feet in height,
twenty inches thick to the top of the second floor, and
sixteen inches thick to the top of the upper floor, and
twelve inches thick the remaining height ; exceeding sixty
feet, and not exceeding eighty feet, twenty inches thick
to the top of the third floor, and sixteen inches thick to
the top of the upper floor, and twelve inches thick the
remaining height ; exceeding eighty feet, and not exceed-
ing one hundred feet in height, twenty-four inches to the
top of the first floor, twenty inches to the top of the third
floor, and sixteen inches thick the remaining height ; ex-
ceeding one hundred feet in height, shall be of such addi-
tional thickness as shall be determined by the inspector.

1885. — Chapter 374 853

Section 46. The external walls of brick buildings not o/g^^JbfJ/e'tc^
exceeding thirtj'-five feet in height and not exceeding two
thousand superficial feet, to be used for stables or light
mechanical purposes, may be twelve inches thick.

Section 47. Recesses and openings may be made in Recesses and
external walls provided that the backs of such recesses te^rnai^wairs.^^"
are not less than twelve inches in thickness, and that the
areas of such recesses and openings, do not, taken to-
gether, exceed one-half of the whole area of the wall in
which they are made. This restriction shall not apply to
street fronts properly constructed of iron or iron and
masonry.

Section 48. If the owner shall elect, the amount of ^uttress^s.
material herein specified for external walls in sections
forty-four and forty-five may be used either in piers or
buttresses, provided the external walls between said piers
and buttresses shall not be less than twelve inches thick
in buildings less than fifty feet in height ; if in excess of
fifty feet, and not over one hundred feet in height, the
external walls between said piers and buttresses shall be
not less than sixteen inches thick. No external wall
between the window caps and top of floors at each story
shall be of less thickness than that prescribed for external
walls in sections forty-four and forty-five.

Section 49. In all brick buildings over twenty-five Buiidines over
feet in width, not having either brick partition walls, or i^widVii with!
girders supported by columns running from front to rear, t^n^^'^n^"^^'
and the entire height of the building, the external and
party walls shall be increased four inches in thickness for
every additional twenty-five feet in the width of said
building.

Section 50. No building hereafter erected, except Buildings er-
churches and grain elevators, shall exceed a height felt 1" hei|h/to
greater than eighty feet to the highest point from the bus°ubre°°"'"
level of the sidewalk, exclusive of chimneys and party material.
walls above the roof, unless constructed throughout of
incombustible material, excepting interior finish.

Section 51. Party walls of brick buildings to be used Party waiis to

J _ O be of same

for dwelling, tenement or lodo:ino: houses, shall be of the thickness as

, . o o ' external walls.

same thickness for different heights as external walls of
such buildings, but in no case less than twelve inches
thick, except as provided in section forty-four.

Section 52. Party walls of brick buildings to be used buudinTs mhJr
for other purposes than dwelling, tenement or lodging g^^"' hou'se'e"'^'

854 1885. — Chapter 374.

houses, shall, when not exceeding forty feet in height, be
sixteen inches thick to top of second floor, and twelve
inches above ; exceeding forty feet, and not exceeding
sixty-five feet in height, twenty inches to the top of sec-
ond floor, and sixteen inches above ; exceeding sixty-five
feet, and not exceeding eighty feet in height, twenty-four
inches to the top of the first floor, twenty inches to the
top of the third floor, and sixteen inches above ; exceed-
ing eighty, and not exceeding one hundred feet in height,
twenty-four inches to the top of the third floor, twenty
inches to the top of fifth floor, and sixteen inches above.
Flues, etc., in Section 53. No coutinuous vertical recess, chase or

party walls to ^ i n i t • i i • -n

have not less flue shall DC made in any party wall so deep that it will
thickne'ss at the Icavc the thickucss at the back less than eisfht inches at
^'^ ■ any point, and no recess of any kind shall be made in

any eight inch wall. No horizontal recess shall be made
in any wall, except by a special permit from the in-
spector. No continuous vertical recess, other than flues,
in stacks, shall be nearer than seven feet to any other
recess,
^aiuo^rf^hich Section 54. All brick buildings to be used as dwell-
floor beams rest, fng, tenement or lodging houses, in excess of thirty feet
in width shall have brick partition walls, not less than
twelve inches thick, on which the floor beams shall rest,
and said walls shall not be more than twenty-five feet
apart.
partition w°a'ifs Section 55. Evcry brick building hereafter erected,
from front to morc than thirty feet in width, except dwelling, tenement
or lodging houses, public buildings, railroad stations and
stables, shall have one or more brick or stone partition
walls running from front to rear, and carried up to the
full height of building ; said wall or walls may be four
inches less in thickness than is called for by the provisions
relating to the thickness of external walls for a brick
building, to be used for the same purpose, unless the wall
is used for a floor bearing wall, which shall in no case be
less than twelve inches ; these walls shall be so located
that the space between any two of the floor bearing walls
of the building shall not be over twenty-five feet.
beam/Ind''^"" SECTION 56. Girdcrs or iron beams and columns may
columns. be Substituted for partition walls in buildings not more

than one hundred feet in width, and shall be made of suf-
ficient strength to bear safely the weight which they are
intended to support in addition to the weight of material

1885. — Chapter 374. 855

employed in their construction ; but where wooden columns
or wooden girders are used the columns shall not be further
apart than twelve feet.

Section 57. Walls may be made with a fticing of stone waiis with a
or other approved material securely tied £o a backing q{ ^''^"^s of atone.
not less than eight inches of hard brick work laid in mor-
tar, by means of metal clamps ; but the thickness of facing
and backing, taken together, shall not be less than the
thickness required for a brick wall of the same height.

Section 58. No timber shall be used in any wall of ^° *'"^''''!

, , t'xcept arch

any brick building except arch forms for interior arched form, in any
openings.

Section 59. All lintels used to support walls or other Linteis used to
weights over openings, shall be of sufficient strength and ®"pp°'' ^^ *'
bearing to carry the superimposed weights, and iron beams
or lintels shall, when supported at the end by brick walls
or brick piers, rest upon an iron plate at least two inches
thick, the full size of the bearing, and where beams are
not over si^x feet in length the plates may be omitted. All
arches not having sufficient piers or abutments to resist
the thrust of the superimposed loads shall have proper
and sufficient iron ties.

Section 60. No side wall of a brick building shall be side waii not to

1 . n i' ii n be built before

earned up in advance oi the rear wall. rearwaii.

Section 61. All walls of a brick building meeting at Waii3 meeting

o o^ at anangle to be

an angle shall be anchored to each other, every ten leet in anchored.
their height, by tie anchors, made of at least one and a
quarter inch by three-eighths of an inch wrought iron,
Avhich shall be securely built into the side or partition
walls not less than thirty-six inches; and into the front
and rear walls at least one-half the thickness of the front
and rear walls.

Section 62. All walls of a brick building on which the waiiR on which
end of beams rest, shall be anchored at each tier of beams, rest to be^
at intervals of not more than ten feet apart, with good, eaohuero^f
strong wrought iron anchors, at least one-half inch by one '^eams.
and one-half inch, well built into the walls and fastened at
the top of the beams ; and, where the beams are supported
by girders, the ends of the beams resting on the girders .
shall be butted together, end to end, .and strapped by
wrought iron straps or tie irons, at the same distances
apart, and in the same beams as the wall anchors, and
shall be well fastened.

856

1885. — Chapter 374.

Doorway, etc.,
through party
wall not to be
made without
permit.

Cornices to be
anchored.

Pierp.

Brick piers
under liutels.

Brick piers and
buttretses to be
bonded.

Metal column to
rest un iron
plate.

Metal columns
placed one on
top of the other.

Section 63. No opening or doorway shall be cut
through a party wall of a brick building without a permit
from the inspector ; and every such doorway shall have
top, bottom and sides of stone, brick or iron ; shall be
closed by two sets of wrought iron or metal-covered doors
(separated by the thickness of the wall) hung to rabbeted
iron frames, or to wooden frames entirely covered with
metal, or to iron hinges in brick or stone rabbets ; shall
not exceed ten feet in height by eight feet in width ; and
any opening other than a doorway shall be protected in a
manner satisfiictory to the inspector.

Section 64. All cornices other than brick on brick
buildings shall be secured to the walls with iron anchors,
independent of any wood work ; the walls shall be carried
up to the boarding of the roof, and where the cornice
projects above the roof the wall shall be carried up to the
top of the cornice and covered with metal, like parapet
walls. All exterior cornices or gutters, more than forty-
five feet above the level of the sidewalk, hereafter replaced,
shall be constructed of or covered with some incombusti-
ble material.

Section 65. All piers shall be built of the best quality
of good, well burnt hard brick, laid in cement and sand
mortar, and well wet when laid in warm weather.

Section 66. Brick piers under lintels, girders or col-
umns of brick buildings shall have a cap iron at least two
inches thick, the full size of the pier.

Section 67. Brick piers and buttresses shall be bonded
with through courses, levelled and bedded, each course,
and where their foundations rest upon piles, a sufficient
number shall be driven to insure a proper support.

Section 68. Every metal column in a brick building
shall rest on an iron plate of not less thickness than two
inches. Wooden columns supporting girders and floors
in such buildings shall set on inch and a half iron plates
with sockets or counter sinkages.

Section 69. Metal columns placed one on top of the
other shall have a plate at the top of each column, with
projections on both sides to fit into cap and base of col-
umns, to prevent slipping, and all columns shall have
holes bored, where directed by the inspector, into and
through the shell at right angles to the shaft, so as to show
the thickness of shell. All bearing parts of columns and
plates shall be turned or planed to true surfaces.

1885. — Chapter 374. 857

Section 70. All chimneys shall hereafter be built of chimneys.
brick, stone or other incombustible material ; shall be
plastered on the outside below the roof after having been
inspected, and shall have a footing of masonry, or iron
supported by iron, or corbels of brick or stone. No chim-
ney shall be hung to an eight inch wall, or bear or rest
upon wood. No chimney corbelled from a wall shall pro-
ject more than the thickness of the wall.

Section 71. All brick flues shall hereafter be built of ^.^trer *° ^'^
merchantable brick, thoroughly slushed and flush jointed, inside.
be smoothly plastered inside with mortar, from top to
bottom below the roofing ; be securely built into the brick
work of the walls to which they are hung ; shall be topped
out at least four feet above the highest part of roof with
brick or stone, and the topping out shall not have more
than two inches projection, unless covered by a cap of
approved incombustible material, properly secured ; and
in no case shall a nail be driven into the masonry of any
flue.

Section 72. The shell of all flues for brick ranges, sheii of flues for
boilers, I'urnaces and ovens shall hereafter be of brick '"''"s^*-
work, eight inches thick, or its equivalent, to a height of
twenty-five feet above such ranges, boilers, furnaces or
ovens.

Section 73. Ranges or boilers shall have the outside Outside of flue,
of the flue to the same exposed without covering, or if ing.
plastered shall be plastered on the outside directly upon
the bricks, up to the ceiling of the room, and no wood-
work shall be placed on the outside of the same.

Section 74. All floor timbers, headers and trimmers Floor timbers,
of every brick building hereafter erected or altered, in least two inches
which a chimney is to be built in a brick wall, shall be q^"^,^ '""^^
placed distant at least two inches from the outside of
every chimney flue, and the space between such timbers
and the brick work of chimney shall be closed by a proper
fire stop of incombustible material.

Section 75. All hearths shall be supported by trimmer Hearths, jambs
arches of brick or stone; or be of single stones at least etc.'^^^'*°^^*
six inches thick and supported entirely by iron beams, one
end of which shall be securely built into masonry of
chimney or adjoining wall. The brick jambs of every
fire-place, range or grate opening, must be at least eight
inches wide each, and the backs of such openings must be
at least eight inches thick to at least two feet above such

858

1885. — Chapter 374.

If chimney is
dangerous,
owner or agent
to be notified.

Smoke pipe
entering a chim-
ney flue.

Smoke pipe of
furnace.

Location of
range, etc., not
to be changed.

Heating
furnace.

openings. All such hearths and supports shall be at least
twelve inches longer than the witlth of such openings,
and at least eighteen inches wide in front of the chimney
breast. The brick work over all fire place and grate
openings shall be supported by proper iron bars or brick
or stone arches.

Section 76. If any chimney ,'flue or heating apparatus
on any promises shall, in the opinion of the inspector,
endanger the premises, the inspector shall at once notify
in writing the owner or agent of said premises. If such
owner or agent fails for a period of forty-eight hours
after the service of said notice upon him to make such
chimney, flue or heating apparatus safe, he shall be liable
to a fine of not less than twenty nor more than fifty dol-
lars for every day's continuance thereof, to be paid into
the treasury of said city.

Section 77. Every smoke pipe in a building entering
a chimney flue shall be at least twelve inches from every
wooden floor, ceiling or partition ; shall be guarded by a
soapstone ring not less than four inches in thickness,
extending through the partition, or by a double metal
collar, with an air space of not less than four inches
around the same when running through any stud or
wooden partition ; and no smoke pipe shall project through
any external wall or window.

Section 78. The smoke pipe of every furnace shall
be kept at least one foot distant from all beams and ceil-
ings not protected by a shield of tin plate at least two
inches distant from said beams or ceiling ; and no smoke
pipe shall be placed nearer than twelve inches to any
beam or ceiling, unless the beam and ceiling are plastered,
in which case the pipe may be kept within six inches of
the plastering, if protected by the above described shield ;
and the top of all heating furnaces set in brick shall be
covered with brick, supported by iron bars, and so con-
structed as to be perfectly tight ; said covering to be in
addition to and not less than six inches from the ordinary
covering to the hot air chamber.

Section 79. No furnace, and no range set in masonry
shall hereafter be placed or its location changed in any
building except as the inspector shall approve.

Section 80. The top of every heating furnace not set
in brick shall be kept at least &ix inches below the beams
or ceiling, with a shield of tin plate, made tight, sus-

1885. — Chaptee 874. 859

pended not loss than two inches below the said beams or
ceiling, and extending one foot beyond the top of the
furnace on all sides. If the ceiling over a furnace is
plastered the top of the brick work rnay be kept within
six inches of the ceiling.

Section 81. All hot air register boxes hereafter placed ^^"xes''^''®^'^*®'"
in the floors or partitions of buildings shall be set in soap-
stone borders not less than two inches in width, firmly set
in plaster of Paris or gauged mortar, or such other pro-
tection as shall in the judgment of the inspector be
equivalent to soapstone ; shall be made of tin plate with a
flange on the top to fit the groove in the soapstone, and
shall hav,e an open space of one inch on all sides, ex-
tending from the under side of the ceiling, below the
register, to the soapstone in the floor or partition ; the out-
side of said space covered with a casing of tin plate, tight
on all sides, and extending from the under side of the
aforesaid ceiling up to and turn under the said soapstone ;
register boxes of fifteen by twenty-five inches or more
shall have a space of two inches.

Section 82. No wood work shall hereafter be placed Protection of

. . 1 . 1 wood work from

nearer than one inch to any tin or other metal pipe, to be hot pipes,
used to convey heated air or steam in any building, unless
protected in a manner satisfactory to the inspector, and
such wood work shall be protected by a soapstone or
earthen ring or tube, or a metal casing.

Section 83. Every building in which a steam boiler of fen'Zr^e'poVlr
ten or more horse power is placed shall have the space on to be eTiciosed in
the floor allotted for said boiler enclosed in incombustible material.
material satisfactory to the inspector, and shall be so
arranged that all openings between the said boiler room
and the other parts of the building in which it is placed
shall be protected by iron or metal covered doors, which
shall be securely closed at the close of each day.

Section 84. Upon a license being granted for the Regulations for
erection of a steam boiler, engine or furnace for melting unTboiierto be
glass, or metal, in any building, the person or persons fngpector? ''^
receiving such license shall, before setting, erecting or
placing said boiler, engine, or furnace, obtain a permit
therefor from the inspector, who shall prescribe such
regulation for the setting or placing thereof as the public
safety may require.

Section 85. No boiler to be used for steam or motive Boiiertobeon
power, and no furnace for melting glass or metal, shall ceptYetc^' ^^'

860

1885. — Chapter 374.

Strength of
floors.

Timber for
floors and roofs
of brick build-
ings.

Headers and
tail beams.

Ends of floor
beams entering
a wall.

Partitions to be
placed over each
other.

Cutting into
timber for
piping.

Roof to be of In-
combustible
material.

Scuttles and
scuttle frames.

be placed on any floor above the cellar or basement floor
unless the same is set upon wrought iron beams and brick
arches, and in no case without a permit from the inspector.
All wood work and timbers shall be removed from the
floor under the same.

Section 86. All floors shall be constructed to bear a
safe weight, per superficial foot, exclusive of materials, as
follows : For dwellings, tenements or lodging houses, one
hundred pounds ; for buildings for light mechanical pur-
poses, and for public buildings, one hundred and fifty
pounds ; for storehouses, warehouses, machine shops,
armories, drill rooms, and riding schools, not less than
two hundred and fifty pounds. These requirements shall
apply to all alterations, as well as to new buildings.

Section 87. All timber used in the construction of
floors or roofs of brick buildings shall be straight grained
and free from large and loose knots or weakening shakes.

Section 88. Every header more than four feet long,
used in any building except a dwelling, shall be hung in
stirrup irons, of suitable dimensions for the size of the
timbers, and securely joint bolted. All tail beams shall
be properly framed or hung to headers.

Section 89. The ends of all floor beams and rafters
of a brick building entering a wall shall be cut on a splay
of three inches in their width.

Section 90. All main partitions supporting in any
manner floor beams or rafters of a brick building shall be
placed directly over each other, shall rest on a wall or
metallic girder, and shall head and foot against each other
as far as practicable.

Section 91. No floor timber, header or trimmer of a
brick building shall be cut into more than two inches in
depth for piping, without permit from the inspector, and
no cutting shall be made in any timber at a greater dis-
tance than three feet from its support.

Section 92. The roof of every brick building hereafter
built shall be covered with incombustible roofing material,
shall be constructed not more than one story in height,
nor more than twenty feet in height from the upper floor
of the building upon which it is placed to the highest
part of said roof, unless made of incombustible material
throughout.

Section 93. All brick buildings, more than twenty
feet in height, shall have scuttle frames not less than two

1885. — Chapter 374. 861

by 'three feet in size ; and covers, or bulkheads and doors,
on the roof, made of or covered with some incombustible
material ; and every scuttle shall have a stationary step
ladder, and every bulkhead shall have stairs furnished
■with a sufficient guard or hand rail, all ready for use at
all times, and in a tenement house such scuttle or bulk-
head shall never be locked, but may be fastened by a hook
on the inside.

Section 94. All the exterior parts of every brick outside of bniid-
building hereafter erected, which are more than forty-five felt la '^eil{ht.
feet above the level of the sidewalk, shall be made of or
covered with incombustible material.

Section 95. All brick buildings hereafter built to be Boors and shut-
used for warehouses, stores, storehouses, or manufacto- matJ'riautn'^'^"^
ries, more than forty-five feet in height, shall have doors 8'o'"«»> etc.
or shutters made of or covered with lireproof material on
every window and entrance which does not open on a
street more than twenty feet in width ; and when such
shutters or doors cannot be put on the outside of such
door or window, they shall be put on the inside, and be
hung upon an iron frame independent of the wood work
of the window frame or door, or to iron hinges in rabbets
in the masonry; and every such door or shutter shall be
closed upon the completion of the business of each day,
by the occupant having the use or control of the same ;
and all fireproof shutters that now are or may hereafter
be put upon any building on the street fronts, shall be so
constructed as to be closed and opened from the outside
above the first story.

Section 9(3. No cellar or basement cellar of any build- ceiiar not to be
ing shall be constructed below the grade of twelve feet fel't^grade.'^^
above mean low water ; provided, however^ that the board
of aldermen may, by license, subject to revocation at any
time by them, authorize cellars or basement cellars to be
constructed in buildings, no part of which is to be used as
a dwelling, so much below said grade as they may desig-
nate in each license.

Section 97. All buildings built upon filled or made ceiiar under
land shall have a bed of concrete, of hydraulic cement and made'iia^nd°°
gravel, or tar and gravel, or asphalt, not less than two
inches in thickness, spread over the cellar bottom, or shall
be paved with brick laid in cement, throughout the whole
extent of the building ; and where there is a basement
floor over the cellar bottom, there shall be an air space

862

1885. — Chapter 374.

Air space.
Drains.

Drain pipe hung
to ceiling.

Water tight
leaders.

Fire belt or stop
in furred brick
walls.

Deafened with
pla[<ttr or other
incumbiistible
material.

between the concrete and said floor, unless the floor is
phmked directly upon the concrete. The air space shall
be properly ventilated.

Section 98. All buildings hereafter built shall have
only iron drains within the buildings and extending five
feet outside of the wall of the buildings ; and where the
said drain pipe passes through the wall there shall be a
relieving arch, stone lintel, or iron pipe inserted to relieve
said iron drain. All drains below cellar floor or grade
twelve shall be laid with proper fall to sewer in a trench,
the sides of which shall be walled with brick masonry,
and the base in concrete, thoroughly rammed and graded,
and made accessible by movable covers.

Section 99. All drain pipe hung to wall or ceiling
shall be firmly hung.

Section 100. Ihe roof of every building shall be kept
in good repair, and all rain water shall be so drained or
conveyed therefrom as not to drip on the ground or cause
dampness in the walls, yard or area.

Section 101. All brick buildings shall be kept pro-
vided with suitable water tight metallic leaders and all
other buildings with water tight metallic or wooden lead-
ers for conducting the water from the roof to the ground,
and all water shall be conducted from a building or from
land to the street, gutter or sewer in such a manner as
not to flow upon the sidewalk.

Section 102. The insides of all furred brick walls of
every brick building hereafter constructed shall have a fire
belt or stop, composed of some fireproof material, at
least six inches wide and thoroughly set up between fur-
rings at the top and bottom of each story ; and the whole
area of every floor from wall to wall shall be deafened
with plaster at least one inch thick, or two thicknesses of
asbestos paper, or other incombustible material satisfac-
tory to inspector, the same to be placed upon the under
or rough flooring; and in each story, in which stud walls
or partitions are constructed and rest on walls or other
partitions, said stud walls and partitions shall have the
spaces between the floor joists immediately under such
walls or partitions, and between studs from the under
side of said joists to a line six inches above the top of
said joists, filled solid and flush with face of plastering on
both sides with mortar, cemeiit, plaster or other incom-
bustible material ; and if such studs or partitions shall

1885. — Chapter 374. 863

rest on solid timber or joists for the whole length thereof,
Buch filling as above described shall be placed from the
top of such joists to the same height as above specified, or
a strip of tin or galvanized iron, at least one inch wider
than the width of said studding, and continuing under the
footing of such walls or partitions, may be substituted for
the filling above specified, where there is no partition or
wall under. The spaces between stringers or carriages,
and between floor joists of landings, of all wooden stair-
cases, unless such stringers and joists are left exposed
and. uncovered, shall be pugged solid with mortar or other
incombustible material, or the spaces between stringers
shall be closed at intervals of three feet by substantial
stops of incombustible material.

Section 103. The various forms of construction tend- Air passages

^ . (- . . from one floor

ing to create or lorm air passages irom one story to toanoiber.
another, such as spaces around pipes, ventilating shafts,
or chimneys furred off to form breasts, in every brick
building hereafter erected or altered, shall have a fire and
smoke stop of incombustible material at each floor, ap-
proved by the inspector. All ventilation ducts^shall be of ventilation
incombustible materials.

Section 104. Upright supports of other material than upright sup-
brick, used below the grade of the street, and cast iron teae'd." '''p™"
beams or girders or stone lintels, used for supports in
every brick building, hereafter erected or altered, shall
be protected by fireproof material.

Section 105. Every building occupied above the Fire escapes lu
second floor from the level of the street by two or more houses^facto-
families, and every building occupied as a tenement, *""'''' '^'=-
boarding or lodging house, lactory, mill or manufactory,
or for oflices or workshops in which persons are employed
above such second floor, and every school building more
than two stories in height and accommodating, or having
the means of accommodating, forty or more persons, shall
be provided with such proper facilities for the escape of
such persons in case of fire as the inspector may approve ;
and where fire escapes are required on the outside of a
building, they shall be provided with suitable connections
with the ground.

Section 106. Every building in which operatives are Fire escapes
employed above the second story shall be provided with uve^e'ar°e^em-'
fire escapes approved by the inspector ; and women or fhe^g*e^o"nd'^
children shall not be employed in any building above the ^^°^y-

86i

1885. — Chapter 374.

Fire escapes lo
be krpt iu re-
pair.

May project
over line of
public street.

Elevators.

Openings to ele-
vators to be pro-
tected by rails.

To be covered
with metal
doors.

Subject to ap-
proval by
inspector.

Buildings, etc.,
to be made safe
or taken down.

second story, unless there are two or more means of exit
provided. The owner of any building provided with a
lire escape shall keep the fire escape in good repair.
Stairs on the outside of the building shall have railed
landings at each story above the first, and shall connect
with each story of the building by doors or windows ; and
no person shall place any obstruction upon any fire escape.
Fire escapes may project over the line of any public street,
highway or causeway, when ordered by the inspector.

Seciion 107. All elevator cars and hoists, not includ-
ing lifts twenty-eight inches square, and except those con-
structed in dwelling houses, shall run in shafts with brick
walls not less than eight inches thick, or walls covered
with incombustible material, with proper fire stops, or in
the well room of a fireproof stairway enclosed in the same
manner and carried up through the roof not less than one
foot and six inches; said shafts to be covered with a ven-
tilating skylight.

Section 108. The openings through or upon each
floor of any building in which there is a hoist or an ele-
vator car not running in a shaft, shall be protected by
sufiicient automatic rails or gates and trap doors, or such
other mechanical devices as shall be equivalent thereto ;
and every elevator car and hoist shall be provided with
some sufficient arrangement to prevent the falling of the
car or hoist iu case of any accident to the ropes, pulleys
and other hoisting apparatus.

Section 109. The openings into every hoist shaft
hereafter constructed, except shafts for passenger ele-
vators, shall be furnished with metal or metal covered
doors hung to rabbeted iron frames with iron thresholds
to the same; said doors to be kept closed, when not ill
use, by springs of sufficient strength. Equivalent protec-
tion against lire may, in the case of passenger elevators,
be substituted for such doors.

Section 110. No hoistway, elevator car or hoist shall
be used in any building until approved by the inspector.

Section 111. The owner, or other party having an
interest in any building, staging or other structure, or
anything attached to or connected with a building or
other structure, which shall be unsafe so as to endanger
life, shall, immediately upoh notice received from the
inspector of buildings, cause the same to be made safe
and secure, or taken down ; and where the public safety

1885. — Chapter 374. 865

requires immediate action, the inspector may enter upon tlie
premises with such assistants as may be necessary, and
cause the said structure to be secured or taken down with-
out delay, and the passers by to be protected at the ex-
pense of such owner or party interested. No staging or
stand for observation purposes shall be constructed or
occupied upon the roof of any building in said city.

Section 112. Every building which shall appear, to NoUceof dan.

... , .1 '11 1 • ly n 1 ucrous character

the mspector, to be specially dangerous m case or nre, by ofabuiwingto
reason of bad condition of walls, overloaded floors, de- {'cHo? waii."" ^'''
fective construction or other causes, shall be held to be
unsafe ; and the inspector, besides proceeding as provided
in the preceding section, shall also affix a notice of the
dangerous character of the structure to a conspicuous
place on the exterior wall of said building ; and any per-
son removins: such notice so affixed shall be liable to a
fine of not less than ten nor more than fifty dollars for
each and every oflfence, to be paid into the treasury of
said city.

Section 113. The owner, or party having an interest owner iiabie to
in the unsafe building or structure, mentioned in the two 0^! ""^ "''^''"^''
preceding sections, being notified thereof in writing by
the inspector, shall forfeit and pay a fine to the use of
said city, for every day's continuance thereof after such
notice, a sum not less than ten nor more than fifty dollars,
on complaint before any court of competent jurisdiction.

Section 114. No explosive or inflammable compound Explosive, etc.,
or combustible material shall be stored or placed under '"eViaced under
any stairway of any building, or used in any such place ^^»""«'"y-
or manner as to obstruct or render egress hazardous in
case of fire.

Section 115. Any building that may be hereafter Building in an

. '^ . . c3 1/ isolated posi-

erected in an isolated position, and more than one hun- tion, more than
dred feet in depth, and which shall not have cross walls, f"etin"heil^ht,to
shall be securely braced during construction, both inside ''^' ^'"«'^^i-
and out, if practicable ; or if outside bracing is not prac-
ticable, it shall be properly braced from the inside, and
the braces shall be continued from the foundation upward
to at least one-third the height of the building from the
sidewalk level.

Section 116. Every public building hereafter erected, rni.iic imiia-
and every building hereafter altered to be used as a public ^ '
building, in addition to all other provisions applicable to
such buildings, shall have at least one frontage for its

866

1885. — Chapter 374.

Entrances and
exitB.

Corridors and
paBsagewayB.

Fire Bervice.

Temporary
Beats prohibited.

Changes of level
In floors.

Overheads to
be protected.

entire height of at least one entire side of the auditorium
and lobbies, passages and stairways of exit on that side,
on a street, court, or open passage way fifteen feet or
more wide, and at least two-thirds of the entire width of
exits and entrances shall open on to such street, court or
passage way ; shall have the doors, halls, corridors, lob-
bies, stairways, passages and aisles, wide, direct, and so
constructed and arranged as to afford easy egress for the
occupants under all circumstances ; and exits and entrances
shall, as far as practicable, be identical ; shall have all
doors open outwards, and of the full width of the passages
from which they open ; shall have the passages of exit and
stairways at least five feet wide and of an aggregate
capacity in width of not less than twenty inches for each
one hundred persons that said building may at any time
contain. This provision to apply to the exits from each
division, gallery or compartment of such building, as well
as to the exterior openings ; shall have the corridors, lob-
bies, stairways, passages and aisles of equal or increasing
width, towards the exits, and without any projection into
them within six feet of the floor ; shall have the halls,
corridors, doors, stairways, seats and aisles so arranged
as to facilitate egress, and as the inspector may approve ;
and shall have all pipes and apparatus used in heating or
lighting, and all lights, protected to the satisfaction of the
inspector ; and shall have such fire service and apparatus
for the extinguishment of fire as the inspector may deem
necessary. All exits from any public building shall be
opened for the use of every departing audience.

Section 117. No temporary seats or other obstruc-
tions, shall be allowed in any aisle, passage way of exit or
entrance, or stairway of a public building ; and no per-
sons shall be allowed to stand or remain therein while the
building is in use.

Section 118. All changes of level in the floors of
public buildings, except regular stairways, from story to
story, and except the necessary steps in galleries and
balconies, rising towards the exits, shall be made by
inclines of no steeper gradient than two in ten within the
auditorium, and rising towards the exits, and one in ten
for all others.

Section 119. The overheads, immediately beneath
the floors of the auditorium, lobbies, hall room, galleries,
stairways, landings and corridors of public buildings shall

1885. — Chapter 374. 867

be protected by some incombustible material, such as wire
lathing and plastering ; and the stair carriages and framing
shall be pugged solid to line of treads, risers, and landing
floors with some incombustible material.

Section 120. All partitions of public buildings enclos- Partitions.
ing the stairways, lobbies and corridors, or separating
them from auditorium or ante rooms, shall be of brick
masonry ; or of heavy studding, brick nogged through-
out or otherwise made non-combustible.

Section 121. All stairs and landings of public build- fl^^J^^^f
ings shall have proper hand rails on both sides firmly
secured to walls, or to strong posts and balusters through-
out their entire length ; and wide stairways shall have one
or more intermediate rails on strong vertical supports, as
approved by inspector.

Section 122. The rise of stairs of public buildings Rise of stairs.
shall not exceed seven and one-half inches, nor the going
be less than ten and one-half inches. No winders less winders.
than seven inches wide at the narrowest end, or flights of
less than three steps, shall be introduced, and there shall
be a full landing to at least every fifteen steps.

Section 123. Every aioproach or exit of a public Approach and

.,,. - , *','^^ ,1 I'lT II II exit to have

buildnig, under or through any other building, shall nave soitdi.iiek
solid brick walls, and the floors and ceilings shall be of ^^ ^*
approved incombustible and fire resisting materials, and
there shall be no openings through said walls, floors or
ceilings.

Section 124. No boiler, furnace, engine or heating no boiier, etc.,

, -I. , 1111 under audito-

apparatus, except steam pipes and radiators, snail be rium.
located under the auditorium, nor under any passage or
stairway of exit of a public building.

Section 125. The lights for the rear of the auditorium. Lights.
and for all passages and stairways of exit of every public
building, shall be independent of the lights of the rest of
the auditorium and platform, and shall be so arranged
that they cannot be turned down or ofi" from the platform.

Section 126. Every building hereafter built or altered, Theatres to be

, "^ f 1 • J.- 4.1 hereafter built

to be used as a theatre, tor dramatic, operatic or other or altered.
similar performances, involving the use of a fixed stage,
with movable or shifting scenery, curtains and machinery,
shall be a brick building, and be of fire resisting construc-
tion throughout, so far as the nature of its uses will per-
mit, and in addition to all other provisions applicable to a
public building, shall have the highest part of main floor

868

1885. — Chaptek 374.

Height of main
floor not more
then seven feet
above sidewalk.

Lobbies, walls
and doors to be
ofincombustible
materials.

Passageway
from the
auditorium to a
street.

Stage to be
separated from
the auditorium
by brick wall
sixteen inches
thick.

Wall over the
curtain.

Roof trusses.

Finish around
the curtain
opening.

of auditorium not more than seven feet above the side-
walk of the open street, court, or passage way on which
the main doors of exit shall be located ; shall have at
least two independent exits for each division, compartment
or gallery of the auditorium ; and for each gallery or
division above the first floor shall have independent stair-
ways, and such stairways and exits shall be located as far
apart as practicable. The lobbies shall be separated from
the auditorium by brick or other fire resisting walls ; and
all walls, floors, and landings of stairways, and all stairs
shall be of incombustible materials ; and all doors from
auditorium to lobbies and stairways shall be of metal cov-
ered wood and self closing. There shall be lobbies ad-
joining each division of the auditorium sufficiently large
to furnish standing room for all persons that such division
may at any time contain.

Section 127. In addition to the exits herein before
required for all public buildings, there shall be provided,
if practicable, for every theatre, direct exits from the main
floor of auditorium to a street, court or open passage way ;
and these exits shall be provided with such light doors or
sashes, opening outwards, and secured only on the inside,
as may readily be forced open in case of fire or panic.

Section 128. The stage of every theatre shall be sep-
arated from the auditorium by a brick wall sixteen inches
thick, or its equivalent, which wall shall extend the entire
width of the building, and from ground to roof, and from
ground to stage floor, and be topped out as a party wall.
There shall be no openings through this wall except the
curtain opening, and not more than two others, to be
located at the level of or below the stage ; these latter
openings shall not exceed twenty-one superficial feet each,
and shall have tinned wood, self closing doors, securely
hung to rabbets in the brick work.

Section 129. The wall over the curtain opening of
every theatre shall be carried by a brick arch, or by an
iron truss or girder ; and if a truss or girder is used it
shall be covered by materials non-conductive of heat, and
a girder shall be spanned by a sufficient relieving arch of
brick in cement.

Section 130. The roof trusses of every theatre shall
be covered with incombustible material.

Section 131. The finish or decorative features around
the curtain opening of every theatre shall be of incom-
bustible materials, well secured to masonry.

1885. — Chapter 374 869

Section 132. All scenery, curtains and exposed wood expS w^d
work of stage of every theatre shall be thoroughly covered ^o^^-
or saturated, if practicable, with fire resisting material,
approved by inspector.

Section 133. The fixed portions of stage, fly floors, stage and floors.
and tie floors of every theatre shall be of approved incom-
bustible material, except that the flooring may be of
wood.

Section 134. The under side of flooring of fly floors P^'^^f a'^^'iioore
of every theatre shall be covered with approved incom-
bustible materials, and the tie floors shall have an open
flooring of slats, set their full width apart.

Section 135. All scene docks, carpenter or property car^enterahops
shops, and wardrobes of every theatre, shall be separated etc.
from stage, auditorium, and dressing room divisions by
solid brick walls, not less than twelve inches thick, with
no openings to the auditorium or dressing room divisions ;
and all openings to the stage shall have tinned wood, self
closing doors, securely hung in rabbets in the brick work.

Section 136. All rooms and premises in every theatre ^°°"*°gg
for the use or occupancy of persons employed therein
shall be located in secure positions, and shall have at least
two independent exits, as remote from the stage as prac-
ticable ; and all parts of such rooms and premises, with
their passages and stairways, shall be of fire resisting
construction.

Section 137. There shall be at least two two inch Fire apparatus.
high service stand pipes on the stage of every theatre,
with ample provision of hose and nozzles at each level of
the stage on each side, and the water shall be kept turned
on during the occupancy of the building. The said pipes
shall have two gates, one above the other, with a proper
test or waste valve ; the lower gate to be kept open at all
times except when testing the upper gate to ascertain if it
is in order for use. The proscenium opening shall be
provided with a two and one-half inch perforated iron
pipe, so constructed that, in case of an emergency, it will
form a complete water curtain for the entire proscenium
opening, and there shall be such additional fire apparatus
and perforated iron pipes or automatic sprinklers as the
inspector shall direct. Said pipes shall be supplied with
water by high pressure service, and be at all times ready
for use.

Section 138. There shall be one or more ventilators ventilators.

870 1885. — Chapter 374.

near the centre and above the highest portion of stage of
every theatre, constructed of incombustible materials, and
equal in combined area of opening to one-tenth of the
area of stage floor. Said ventilators shall have valves or
louvres so counterbalanced as to open automatically, and
shall be kept closed when not in use, by cords or wires
reaching to the prompter's desk, and readily operated
therefrom. There shall also be a proper arrangement of
combustible cords, or fusible connections to open the
ventilating valves automatically, by the action of fire on
the stage.
Fire resisting Section 139. The prosccnium or curtain opening of

CUrtfllQ VQ- ■*■ I. CD

enforced by wire evcry theatre shall have a fire resisting curtain of incom-
"'^' bustible material, re-enforced by wire netting, or otherwise

strengthened; if of iron, or similar heavy material, and
made to lower from the top, it shall be so contrived as to
be stopped securely at a height of seven feet above the
stage floor ; the remaining opening being closed by a cur-
tain or valance of fire resisting fabric as above. Such
curtain shall be lowered at the beginning and end of each
and every performance, and shall, in its material, con-
struction and mechanism be approved by the inspector.

Tenements or SECTION 140. Evcry brick buildlug hereafter erected

loagini; houses. i /. i i • i

or altered, to be used for a tenement or lodgmg honse,
except those where there are not more than four families
and having two separate stairways, shall have the stair-
ways enclosed in brick walls not less than eight inches
thick the entire height, and provided with a ventilating
skylight so arranged with fire proof appliances that it may
be operated from the lower hall in a manner satisfactory
to the inspector, and the stairway side of said walls, if
plastered, unless it is an outside wall, shall be plastered
directly on the brick work, and no opening or aperture
shall be made in said walls except the requisite doors for
entrance thereto and external windows ; and the whole
area of" stairway not occupied by well rooms on each floor
shall be deafened as provided in section one hundred and
two. Other better fire proof or fire resisting construction
may be substituted for the wood framing and deafening
and wire lathing and plastering by permission of inspector.
Every such building, if to be occupied by more than four
families above the first floor, shall have such additional
staircases or means of egress as in the judgment of the
inspector the safety of the occupants shall demand. If

1885. — Chapter 374. 871

such staircase partitions are to commence at a level above
the cellar bottom, they may be erected upon iron girders,
and properly protected from fire, and the floor within said
walls at the level of the girders shall be entirely of
incombustible material.

Section 141. The exterior walls of every building Exterior waiis
hereafter erected or altered to be used for a tenement or hou°8M,'etc.
lodging house, on a street not more than twenty feet in
width, shall not exceed thirty feet in height.

Section 142. No building, of which any part is used ForSr*^
for storage or sale of hay, straw, hemp, flax, shavings, u8°/dirs"a°dwen!
burning fluid, turpentine, camphene or any inflammable ing.
oil, or other highly combustible substances, shall be
occupied in any part as a dwelling, tenement or lodging
house ; except that rooms for coachmen or grooms may be
allowed in connection with the private stables authorized
by this act, by permission of inspector. All receptacles
for ashes in any tenement or lodging house shall be
enclosed with incombustible material satisfactory to in-
spector.

Section 143. Every tenement or lodging house shall fir^esca'pes fo?*^
have in the roof, at the top of the hall, a ventilator; shall tenements or

, , •-, 1 -,, r^^ L' • lodging houses.

also be provided with a lire escape, or means or escape in
case of fire, both to be approved by the inspector ; shall
have in every room occupied as a sleeping room and
which does not communicate directly with the external
air, a ventilating or transom window, having an opening
or area of three square feet over the door leading into
and connected with the adjoining room, if such adjoining
room communicates with the external air ; and also a
ventilating or transom window, of the same opening, in
such other place as the inspector may direct, but no
transom window shall be placed in a partition wall enclos-
ing a main stairway ; shall also have proper stairs, strong
balusters, posts, railings, and kept in good repair.

Section 144. All ordinances and parts of ordinances ordinances to
of said city now in force, relating to the building limits '•emaiu m force.
and the inspection and survey of buildings, shall remain
in force until amended or repealed by said city, and all
officers elected or appointed under the provisions of said
ordinances or the acts repealed, shall continue to hold oflice officers to con-
for the terms for which they were elected or appointed
and until their successors are elected or appointed in
accordance with this act, unless sooner removed.

872

1885. — Chapter 375.

Provisions may
be enforced in
equity.

Fines and
penalties.

liepeal.

Cha2J.S75

Penalty for
drunkenness.

Section 145. Any court having equity jurisdiction,
in term time or vacation, may, on the application of the
inspector, by any suitable process or decree in equity,
enforce the provisions of this act, and may, on such
application, issue an injunction to restrain the use or
occupation of any building or structure in the city of
Boston, erected, altered, maintained or used in violation
of this act.

Section 146. Any person violating any provision of
this act shall be punished by a fine not exceeding one
hundred dollars, to be paid into the treasury of said city,
unless another penalty is specifically provided herein.

Section 147. Chapter two hundred and eighty of the
acts of the year eighteen hundred and seventy-one, chap-
ters two hundred and sixty, and three hundred seventy-
one, and three hundred and seventy-seven of the acts of
the year eighteen hundred and seventy-two, chapters two
hundred and ninety-eight, and three hundred and thirty-
eight of the acts of the year eighteen hundred and
seventy-three, chapters sixty-nine, and one hundred and
seventy-six of the acts of the year eighteen hundred
and seventy-six, chapters one hundred and one, and sec-
tions three, four and seven of chapter two hundred and
fifty-two of the acts of the year eighteen hundred and
eighty-two, and chapter one hundred and fifty-live of the
acts of the year eighteen hundred and eighty-three are
repealed.

Section 148. This act shall take effect upon its pas-
sage. Approved June 19, 1S85.

An Act relating to the penalty for drunkenness.

Be it enacted, etc., as follows:

Section twenty-six of chapter two hundred and seven of
the Public Statutes is amended by striking out the words
"one dollar" in the fourth line and inserting in place
thereof the words " five dollars" and by striking out the
word " ten" in the last line and inserting in place thereof
the word " thirty," so that the same shall read as follows :
— /Section 26. Whoever is guilty of drunkenness by the
voluntary use of intoxicating liquor shall, if it is not
proved that he or she has been convicted of a like offence
once before within the next preceding twelve months, be
punished by fine not exceeding five dollars and the costs
of prosecution, or such portion thereof as the court or

1885. — Chapters 376, 377. 873

trial justice may determine ; and in case of non-payment

of such fine and costs may be committed to the jail, house

of industry, or house of correction, or to the workhouse,

if there is any which has a criminal department, in the

city or town where the ofience was committed, until the

fine and costs are paid ; not however exceeding thirty

days. County commissioners, except in Sufiblk County, prisoners may

and in Sufiblk County the board of directors for public ^'^ released.

institutions, may release persons committed to the jails,

houses of correction or houses of industry of their several

counties under this act for non-payment of fines and costs,

when they are of opinion that such persons are not able to

pay the same, or that it is otherwise expedient to so

release them. Approved Jtme 19, ISSo.

An Act to provide for the disposition of legacies due to />7,^-,j, Qyrt

PERSONS WHOSE RESIDENCE IS UNKNOWN. ^ '

Be it enacted, etc., as follows:

Whenever the residence of a person named as a legatee Legacies due to
under the provisions of a will duly proved in the probate residoircris"*''
court is unknown, the court may, on being satisfied of »"''"°w°-
said fact direct that the legacy due to such person be
deposited or invested in the manner set forth in section
sixteen of chapter one hundred and forty-four of the
Public Statutes, and subject to the provisions thereof.

Approved June 19, 1885.

An Act to authorize the city of boston to take and hold (JJiart.^ll

LAND, AND TO CONSTRUCT THEREON A COURT HOUSE FOR THE
COUNTY OF SUFFOLK.

Be it enacted, etc., as follows:

Section 1. The board of commissioners appointed by May take land
the mayor of said city, by virtue of an order of the city house.
council of said city with reference to a court house, ap-
proved March fourth, eighteen hundred eighty-five, is
hereby authorized to select and take in the name and be-
half of said city, by purchase or otherwise, such land as
may, in the judgment of said commissioners, subject to
the approval of the mayor of the city of Boston, be requi-
site for the erection of a court house for the use of the
courts of the Commonwealth within and for the county of
Sulfolk, and other purposes incidental thereto and for a
court house yard for the same.

874 1885. — Chapter 377.

^ecoTdedh? ^^ Section 2. Said commissioners shall within thirty
registry of davs after the approval of the mayor of the land selected

deeds a descrip- ,., .. ,^i.^i • , r ^ i c

lion of the land hj Said commissioncrs fale lu the registry or deeds tor
Siiflfolk County and cause to be recorded a description of
the lands so taken as certain as is required in a common
conveyance of land, with a statement of the purpose for
which it is taken ; which description and statement shall
be signed by said commissioners or a majority thereof,
and the fee of the land so taken or purchased shall vest in
the city of Boston. The city shall be liable to pay all
damages that shall be sustained by any person or persons
by reason of the taking of such land as aforesaid. Such
damages to be ascertained and determined in the manner
provided for ascertaining and determining damages in
case of the laying out, altering or discontinuing of ways
within the city of Boston.

luuabif court SECTION 3. It shall be the duty of the city of Boston,

house. acting by and through the said commissioners, to erect

within a reasonable time, upon the land so selected by
them and taken or purchased by virtue of this act, a suit-
able court house for the use of the courts of the Common-
wealth in and for the county of Suffolk, and for other pur-
poses incidental thereto. But work upon the same shall
not be commenced until full plans shall have been pre-
pared, and after being duly advertised, proposals for
doing the work shall have been received from responsible
parties, and contracts have been entered into with satis-
factory guaranties for their performance. And the said
commissioners shall not expend or contract to expend
more than twelve hundred thousand dollars in addition to
the cost of the land, unless such excess of expenditure
shall first have been authorized by the city council of
Boston.

Vacancies to be Section 4. Said board of commissioners shall remain

filled by the ^ , i- i i

mayor. \\\ existcncc a Sufficient time to accomplish the purposes

of this act, and any vacancy occurring therein shall be
filled by appointment of the mayor. Said board shall
Semi-annual semi-auuually , and whenever required by the mayor or
"'"^' ■ city council, make and present in writing a particular

report and a statement of all their acts and proceedings,
and of the condition and progress of the work. They
shall receive such compensation as may be fixed by the
city council, and shall not be individually interested either
directly or indirectly in the work directed by this act.

1885. — Chapter 378. 875

Section 5. For the purpose of defraying all costs for Suffolk county
land taken or purchased and for constructing said court Loan.
house, and for other expenses legally incurred under this
act, said city of Boston is authorized to issue its bonds or
certificates of indebtedness, to be known as the " Sutiblk
County Court House Loan " to be payable at such time or
times not exceeding fifty years in all, and at such rate of
interest as the city council may determine. Said city
may make payable annually a fixed proportion of the prin-
cipal of said bonds or certificates. Said city shall annually
raise by taxation the amount required to meet such inter-
est, and the proportion of the principal payable annually.
The sinking funds of any loans of said city may be invested
in said bonds or certificates.

Section 6. Chapter one hundred aud twenty-eight of ii*^peai, etc.
the acts of the year eighteen hundred and eighty is hereby
repealed, and all estates in land taken or appropriated for
a court house thereunder are hereby revested in the city
of Boston as though said act had not been passed.

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

Approved June 19, 1SS5.

An Act in relation to the appointment and tenure op office (JhG)J.37S

OF THE cattle COMMISSIONERS.

Be it enacted, etc., as folloivs:

The governor, with the advice and consent of the couu- Cattiecommis
cil, shall app(jint a board of cattle commissioners of not appointed.
more than three members, whose term of office shall com-
mence on the first day of October, eighteen hundred and
eighty-five, and who shall hold office as follows: — One
of said members for the term of three years, one for the
term of two years, one for the term of one year, and
thereafter one of said members shall be appointed an-
nually for the term of three years. The compensation of compensation.
such commissioners shall not exceed five dollars per day
for actual service, in addition to their travelling expenses
necessarily incurred. Any member of the board may be Removal from
removed by the governor and council, and they may ter-
minate the commissions of the entire board when in their
judgment the public safety may permit. Vacancies in the
board by the expirations of the terms of service or other-
wise shall from time to time be filled by appointment by
the governor with the consent of the council. The board
of cattle commissioners as now constituted, shall cease to

876

1885. — Chapter 379.

iSalarios of
medical exam-
iners.

exist on the thirtieth day of September, eighteen hundred
and eighty-five, and the duties now devolving by law upon
said board shall thereafter be performed by the board au-
thorized by this act. Approved Jtme 19, 1S85.

(JJian.SlQ -^^ -^^'^ RELATING TO MEDICAL EXAMINERS.

Be it enacted, etc., as follows:

Section 1. Section nine of chapter twenty-six of the
Public Statutes is amended to read as follows : — Section
9. In the county of Suffolk each medical examiner shall
receive from the treasurer of the county, in full for all
services performed by him, a salary of three thousand
dollars a year, and the associate medical examiner a sal-
ary of five hundred dollars ; but if the said associate
medical examiner serves in any year more than two
months, at the request of either medical examiner, he
shall, for such service in excess of two months, be paid
at the same rate as such medical examiner, and such com-
pensation shall be deducted from the salary of the medical
examiner in whose stead he serves. The medical exam-
iners in other counties shall receive fees as follows : For
a view without an autopsy, five dollars ; for a view and
autopsy, thirty dollars ; and for travel, at the rate of ten
cents a mile to and from the place of view.

Section 2. When a medical examiner deems it neces-
sary to have a physician present at an autopsy as one of
the witnesses, as provided in section eleven of chapter
twenty-six of the Public Statutes, such physician shall be
allowed five dollars for his services. Other witnesses re-
quired by law to be present at an autopsy shall be allowed
two dollars each.

Section 3. Every medical examiner shall, annually,
on or before the first day of March, transmit to the secre-
tary of the Commonwealth certified copies of the records
of all deaths which have occurred during the year ending
on the last day of the preceding December, the cause and
manner of which he has investigated, in accordance with
the requirements of chapter twenty-six of the Public Stat-
utes : provided, however, if the term of office of any medical
examiner shall end before the said last day of December,
he shall send to the secretary of the Commonwealth, within
the sixty days next ensuing upon the expiration of his com-
mission as a medical examiner, certified copies of the rec-
ords of all deaths officially investigated by him during that

Fees.

Allowance to
pliysician pres-
ent at autopsy.

Return to be
made to secre-
tary of Com-
monweallh.

Proviso.

1885. — Chapter 379. 877

part of the then current calendar year in which he con-
tinued in office.

Section 4. Each medical examiner shall be entitled Fees for record

and return.

to receive from the treasury of the Commonwealth, for
recording and returning the facts relating to deaths as
herein provided, twenty cents for each of the first twenty
entries, and ten cents for each subsequent entry in any
year, as certified by the secretary of the Commonwealth,
and such allowance and payment shall be made to the
medical examiners in Suflfolk County for record and returns
pursuant to this section, notwithstanding the limitation to
the salary fixed by section nine of chapter twenty-six of
the Public Statutes as amended by this act. Any medical Penalty.
examiner shall forfeit not less than ten nor more than fifty
dollars for each refusal or neglect to fulfil the requirements
of section three of this act.

Section 5. The secretary shall, at the expense of the Blank books of
Commonwealth, prepare and furnish to the several medical ful-nLhedto
examiners, blank books of suitable quality and size, to be *''^'™'"''"-
used as books of record under this act, and blank forms
for returns, on paper of uniform size.

Section 6. The secretary shall cause the returns re- Returns to i.e
ceived by him for each year, in accordance with this act,
to be bound together in one volume, with indexes thereto ;
he shall prepare or cause to be prepared from the said
returns such tabular results as will render them of practical
utility, and shall make report thereof annually to the gen-
eral court in connection with the report of the registry
and return of births, marriages and deaths required by
section fifteen of chapter thirty-two of the Public Statutes, tq nie with

Section 7. Every medical examiner shall forthwith a'report*'of''each
file with the district "attorney of his district, a report of ''"'"^'^ '"'"''^•
each autopsy made by him and of his view and personal
inquiry in such case under the provisions of chapter
twenty- six of the Public Statutes ; and shall certify in
such report that, in his judgment, the cause and manner
of death could not be ascertained by view and inquiry,
and that an autopsy was necessary for that purpose. The
district attorney shall examine such report, and if of the
opinion that such autopsy was necessary shall, except in
the county of Suffolk, so certify to the county commis-
sioners, having jurisdiction over the place where the
autopsy is held, and no fee for any autopsy shall be cer-
tified by the commissioners for payment until such cer-

878

188^. — CHAPTEtis 380, 381.

tificate by the district attorney shall have been filed with
said commissioners.

Section 8. This act shall take effect upon its passage.

Approved June 19, 1SS5.

Chwn.i^SO -^^ ^^'^ '^^ SECURE GREATER CARE IN THE TRANSMISSION OF TELE-
GRAPHIC MESSAGES.

TransmisBion of

telegraphic

meBeagce.

Liability for
damages.

Be it enacted, etc., as follows :

Section 1. All persons, associations and corporations
engaged in the business of transmitting or receiving tele-
graphic messages for hire shall be liable and responsible
in each case for all damages up to the amount of one hun-
dred dollars actually caused by their negligence, or that
of their servants or agents, in transmitting, receiving or
delivering such messages, and any limit of such liability
or responsibility by contract or regulation, shall be valid
and binding only for the excess of such damages in each
case above said sum of one hundred dollars.

Section 2. No action for the recovery of such dam-
ages shall be maintained unless a claim therefor is pre-
sented in writing to such person, association or corpora-
tion, or to some officer or agent thereof, within sixty days
from the time when such right of action accrues.

Section 3. The provisions of this act shall not apply
to any negligence occurring in a telegraph office estab-
lished for the convenience and safety of a railroad corpo-
ration in the running of its trains, and transacting a public
telegraph business only as incidental thereto, nor to any
negligence in the delivery of messages received at any
such office. Ap2)roved June 19, 1SS5.

Chap.3Sl. An Act to incorporate the reading water company.
Be it enacted, etc., as follows:

Section 1. Charles F. Brown, Fred W. Hatch, Al-
bert D. Bosson, and their associates and successors, are
hereby made a corporation by the name of the Reading
Water Company, for the purpose of furnishing the inhab-
itants of the town of Reading with water for the extin-
guishment of fires, and for domestic and other purposes ;
with all the powers and privileges, and subject to all the
duties, restrictions and liabilities set forth in all general
laws which now are or may hereafter be in force applica-
ble to such corporations.

No action to be
maintained
unless claim is
made within
thirty days.

Not to apply to
telegraph uf a
railroad corpo-
ration.

Reading Water
Company in-
corporated.

1885. — Chapter 381. 879

Section 2. The said corporation, for the purposes May take water
aforesaid, may take, by purchase or otherwise, and hold hi th "town^'of"
the water of any springs, or artesian wells in the town of i^eading.
Reading, 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 efiective 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
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 to cause to be
days after the taking of any lands, rights of way, water rog?suyofdeedB
rights, water sources or easements as aforesaid, otherwise f.,nfi^etc!!t°aken.
than by purchase, tile 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 dam- Liability for
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 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

880

1885. — Chapter 38l.

Application for
damages not to
lie made until
water is actually
diverted.

May distribute
water and fix
and collect
rates.

Real estate and
capital stock.

May contract
with Wakefield
Water Co.

Proviso.

Penalty for
corrupting or
diverting water.

application at any time within the period of three years
from the taking of such land or other property, or the do-
ing 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 actually with-
drawn or diverted by said corporation under the authority
of this act.

Section 5. The said corporation may distribute the
water through said town of Reading, may regulate the use
of said water, and fix and collect rates to be paid for the
use of the same ; and may make such contracts with said
town, or with any fire district that is or may hereafter be
established therein, or with any individual or corporation,
to supply water for the extinguishing of fire or for other
jnirposes, as may be agreed upon by said town, or such
fire district, individual or corporation, and said corpora-
tion.

Section 7. The said corporation may contract with
the Wakefield Water Company for a supply of water nec-
essary for the purposes of this act, on such terms as may
be agreed upon between said corporations ; and said
Wakefield Water Company is authorized to contract for
and furnish, from its water supply, water to said Reading
Water Company, and to make the necessary connections
of its conduits or pipes with the conduits or pipes of the
Reading Water Company : provided^ that nothing herein
contained shall be construed to compel the said Wakefield
Water Company to make such connections or to furnish
said water.

Section 8. 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 the purposes of this act, shall forfeit and pay
to said corporation three times the amount of damages as-
sessed therefor, to be recovered in an action of tort ; and

1885. — Chaptee 381. 881

upon conviction of either of the above wilful or wanton
acts shall be punished by a fine not exceeding three hun-
dred dollars or by imprisonment not exceeding one year.

Section 9. The said corporation may issue bonds, May issue
bearing interest at a rate not exceeding six per cent, 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 10. The said town of Reading shall have the Town of Reaa-

may pur-

right at any time to purchase of said corporation its fran- chase franchise
chise, corporate property, and all its rights, powers and ^° property.
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 author-
ized by section nine of this act ; and said corporation is
authorized to make sale of the same to said town. If
said corporation or said mortgagees, as the case may be, compensation

j.T. tij"^ J^ ji i" to be determined

ana said town, are unable to agree, then the compensation bycommi^8ion-
to be paid shall be determined by three commissioners, to toVgree"""* ^'"'
be appointed by the supreme judicial court upon applica-
tion 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 nine and the mortgage
shall not have been foreclosed, and the compensation to
be paid shall be determined by commissioners as aforesaid,
such commissioners shall find the value of such franchise,
corporate property, rights, powers and privileges, as it
the same were unencumbered, and the mortgagees shall
be entitled to be heard before such 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 eleven ; 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 dis-
charged ; and said town shall thereupon hold and possess
such franchise and all said corporate property, rights,

882 1885. — Chapter 381.

powers and privileges unencumbered and discharged from
Subject to any trust. The right to purchase as aforesaid is granted
thwsTOte*/^" 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.
Loan'not^^'^"^ SECTION 11. The Said town may, for the purpose of
exceed $100,000, paying the cost of said franchise and corporate property,
and the necessary expenses and liabilities incurred under
the provisions of this act, issue from time to time, bonds,
notes or scrip, to an amount not exceeding, in the ag-
gregate, one hundred thousand dollars ; such bonds, notes
and scrip shall bear on their face the words "Reading
Water Loan " ; shall be payable at the expiration of peri-
ods not exceeding thirty years from the date of issue ;
shall bear interest payable semi-annually, at a rate not
exceeding six per centum per annum, and shall be signed
by the treasurer of the town, and 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
Sinking fund, propcr. The Said town shall provide at the time of con-
tracting said loan, for the establishm^t 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 re-
main inviolate and pledged to the payment of said loan,
and shall be used for no other purpose.
Mfjyniake ^^ Section 12. The Said town, instead of establishing a
tionatepay- sinkiugfund, may, at the time of authorizing said loan,

ments instead of -irii ^ji c ' i i

establishing provide ror the payment thereor in such annual propor-
smkiDgfund. tionato 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 fur-
ther 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.
R.iturn required yECTiON 13. The rctum required by section ninety-

to state amount a \ ^ /■ i -n> i • ci in

of siniiingfund, one of chapter elcvcn of the Public Statutes shall state
the amount of any sinking fimd established under this act,
and if none is established whether action has been taken
in accordance with the provisions of the preceding sec-

1885. — Chapter 381. 883

tion, and the amounts raised and applied tKereunder for
the current year.

Section 14. The said town shall raise annually, by to raise

,,.,,. 1 • 1 r l.^ annually by

taxation, a sura which with the income derived irom the taxation sum-
water rates, will be sutScient to pay the current annual rcn"! expense^s"'^'
expenses of operating its water works, and the interest as '^'^'^ '''^'""'^^•
it accrues, on the bonds, notes and scrip issued as afore-
said by said town, and to make such contributions to the
sinking fund and payments on the principal as may be re-
quired under the provisions of this act.

Section 15. The said town shall, after its purchase of ^"^'ers?""""'^"
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 j^ears,
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 in-
structions, rules and regulations as said town may impose
by its vote ; the said commissioners shall be trustees of J^thlsi^nklr^
the sinking fund herein provided for, and a majority of fund.
said commissioners shall constitute a quorum for the
transaction of business relative both to the water works
and to the sinking fund. Any vacancy occurring in said vacancies.
board from any cause may be filled for the remainder of
the unexpired term by said town at any legal town meet-
ing called for the purpose.

Section 16. The county commissioners for the county security for
within which any land, water or water rights taken under Sam^gesmaybe
this act is situated, shall, upon application of the owner '■^i""''^*^-
thereof, require said corporation to give satisfactory se-
curity for the payment of all damages and costs which
may be awarded such owner for the land or other 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 farther security,
if at any time the security before required appears to

884

1885. — Ch-aptee 382.

Work to com-
mence within
three years.

them to have become insufficient ; and all the right or
authority of said corporation to enter upon or use such
land or other property, except for making surveys, shall
be suspended until it gives the security so required.

Section 17. This act shall take effect upon its pas-
sage, but shall become void unless work under this act is
commenced within three years from the date of its pas-
sage. Apx>rovecl June 19, 18S5.

Chap.382^'' ACT IN

RELATION TO THK PRESERVATION OF
BUILDINGS IN THE CITY OF BOSTON.

HEALTH IN

Dwelling, etc.,
houses to be
furnished with
good and suflB-
cient water
closetB.

Cesspools sub-
ject to control of
board of health.

Tenement or
lodging house.

Meaning of
til nis used in
this act.

Be it enacted, etc., as follows:

Section 1. Every building in the city of Boston used
as a dwelling, tenement or lodging house, or where per-
sons are employed, shall have at all times such number of
good and sufficient water closets, earth closets or privies
as the board of health of said city may determine, but the
occupants of any two or more of any such buildings may
use such closets or privies in common, provided the
access is easy and direct ; and said board shall not re-
quire more than one such closet or privy for every twenty
persons.

Section 2. Every such building situated on a street
in which there is a sewer, shall have Avater closets, and
shall not have a cesspool or privy connected with it,
except where, in the opinion "of the board of health, it
can be allowed to remain for a longer time, and then only
as said board shall approve.

Section 3. No building in the city of Boston shall be
converted into, or used for a tenement or lodging house,
unless, in addition to the other requirements of law, it
conforms to the provisions of this act.

Section 4. In this act the following terms shall have
the meanings respectively assigned to them, viz. : —

"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 adjoiu-

"Inspector" means 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.

"Tenement house" means a building which, or any

1885. — Chapter 382. 885

portion of which, is to be occupied, or is occupied as the
residence of more than three families living independently
of one another, and doing their cooking upon the prem-
ises ; or by more than two families upon any floor above
the second floor, so living and cooking.

Section 5. Every tenement or lodging house shall Yard* or areas

, '' 1 • r 80 constructed

have the yard or area so connected with a sewer that all th 't water, etc.,
water and liquid filth will freely flow from it to the sewer, therefrom.
or, if there is no sewer, to the street gutter, by means of
a passage under the sidewalk covering, so constructed as
to be easily accessible to remove obstructions.

Section 6. If a building to be used for a tenement or ciear, open
lodging house is on the front of any lot where there is frbulnin^K^i^ou
another building on the rear of the same lot, there shall the from of lot.
be clear, open space, exclusively belonging to the front
building, and extending upwards from the ground, of at
least ten feet between said buildings, if they are one story
high above the level of the ground. If they are two
stories high, the distance between them shall not be less
than fifteen feet ; if they are three stories high, the dis-
tance between them shall be not less than twenty feet ;
and if they are more than three stories high, the distance
between them shall be not less than twenty-five feet.

Section 7. If such building is on the back part of any space in rear of
lot, there shall be a clear, open space of at least ten feet bakpa1'L°of\ol
between such building and every other building in its
rear. But when thorough ventilation of such open spaces
can be otherwise secured said distances may be lessened
or modified, in special cases, by a permit from the board
of health and the inspector.

Section 8. Every habitable room of such building not Heightofrocms.
now used but hereafter used as a tenement or lodgrinff
house shall be, in every part, not less than eight feet in
height from the floor to the ceiling, except in the attic,
and shall be at least eight feet in height from the floor to
the ceiling throughout not less than one-half the area of
such room ; and every such room shall have at least one
window connecting with the external air, or over the door
a suitable ventilator connecting with a room or hall which
has a connection with the external air.

Section 9. The total area of window communicating Area of wi^iow
with the external air, in every room of such building, wmTthe'exter-'
shall be equal to at least one-tenth of the superficial area ""'air.
of the room ; and the top of one at least of such windows

8SQ

1885.— Chaptee 382.

Area of room.

Cliimneys with
open fire places
or place for a
stove.

AVater supply.

Receptacles for
garbage.

Building, etc.,
to be kept
clean.

Tenant to
cleanse the
rooms, etc.

Owner to white-
wash the walls.

Notice to be
givt-n of in-
fectious disease.

shall be not less than seven feet six inches above the floor,
and the upper half of each window shall be so made as to
open for the purposes of ventilation.

Section 10. Every habitable room of such building,
of area less than one hundred superficial feet, which does
not communicate directly with the external air, and is
without an open fireplace, shall be provided with special
means of ventilation, approved by the board of health and
the said inspector.

Section 11. Every such building shall have adequate
chimneys running through every floor, with an open fire-
place or grate, or place for a stove, properly connected
with one of said chimneys, for every family and set of
apartments ; shall have proper conveniences and non-
combustible receptacles for ashes and rubbish ; shall have
water furnished at one or more places in such house, or in
the yard thereof, so that the same may be adequate and
reasonably convenient for the use of the occupants thereof;
and shall have the floor of the cellar properly cemented,
so as to be water tight.

Section 12. Every such building used for a tenement
or lodging house shall have suitable receptacles for gar-
bage and other refuse matters, and shall not be used as a
place of storage for any combustible article, or any article
dangerous to life or detrimental to health ; nor shall any
horse, cow, calf, swine, pig, sheep or goat be kept in said
building.

Section 13. Every such building, and the yard, court,
passage, area and alleys belonging to the same, shall be
kept clean and free from any accumulation of dirt, filth,
garbage or other refuse matter, to the satisfaction of the
board of health.

Section 14. The tenant of any lodging house or tene-
ment house shall thoroughly cleanse all the rooms, floors,
windows and doors of the house, or part of the house, of
which he is the tenant, to the satisfaction of the board of
health ; and the owner or lessee shall well and sufficiently,
to the satisfaction of said board, whitewash or otherwise
cleanse the walls and ceilings thereof once at least in
every year in the months of April or May, and have the
privies, drains and cesspools kept in good order and the
passages and stairs kept clean and in good condition.

Section 15. The owner, agent of the owner, and
keeper of any lodging or tenement house, or part thereof,

dwelling, etc.

1885. — Chapter 382. 887

shall, when any person in such house is sick of fever, or
of any infectious, pestilential or contagious disease, and
such sickness is known to such owner, agent or keeper,
give immediate notice thereof to the board of health, and
thereupon said board shall cause the same to be inspected,
and cleansed or disinfected at the expense of the owner,
in such manner as they may deem necessary ; and may
also cause the blankets, bedding and bedclothes used by
any such person to be thoroughly cleansed, scoured and
fumigated, and, in extreme cases, to be destroyed.

Section 16. The halls on each floor of every such fj^oMropeu^
building shall open directly to the external air, with suit- direcuy to the
able windows, and shall have no room or other obstruc-
tions at the end, unless sufficient light and ventilation is
otherwise provided for said halls in a manner approved by
the board of health.

Section 17. No person shall, without a permit from ceiiar or under-
the board of health, let or occupy, or sufier to be occu- fo°be U8e°d°a8 a
pied, separately as a dwelling or place of lodging and
sleeping, any cellar or underground room whatsoever,
unless the same be in every part thereof at least seven
feet in height, measured from the floor to the ceiling
thereof; nor unless the same shall have been so let or oc-
cupied before the passage of this act, nor unless the same
be for at least one foot of its height above the surface of
the street or ground adjoining, or nearest to the same ;
nor unless there be, outside of and adjoining the said
vault, cellar or room, and extending along the entire
frontage thereof, and upwards from six inches below the
level of the floor thereof, uj) to the surface of the said
street or ground, an open space of at least two feet and
six inches wide in every part ; nor unless the same be
well and effectually drained by means of a drain, the up-
permost part of which is one foot at least below the level
of the floor of such vault, cellar or room ; nor unless there
is a clear space of not less than one foot below the level
of the floor, except where the same is cemented ; nor un-
less there be appurtenant to such vault, cellar or room
the use of a water closet or privy, kept and provided as
in this act required, nor unless the same have an external
window opening of at least nine superficial feet clear of
the sash frame, in which window opening there shall be
fitted a frame filled in with glazed sashes, at least four
and a half superficial feet of which shall be made so as to

888 1885. — Chapter 382.

Provisos. open for the purpose of ventilation : provided, hoivever,

that in case of an inner or back vault, cellar or room, let
or occupied along with a front vault, cellar or room, as a
part of the same letting or occupation, it shall be a suffi-
cient compliance with the provisions of this act if the front
room is provided with a window as herein before pro-
vided, and if the said back vault, cellar or room is con-
nected with the front vault, cellar or room, by a door, and
also by a proper ventilating or transom window, and,
where practicable, also connected by a proper ventilating
or transom window, or by some hall or passage, with the
external air ; provided^ further, that in any area adjoin-
ing a vault, cellar or underground room, there may be
steps necessary for access to such vault, cellar or room, if
the same be so placed as not to be over, across or oppo-
site to said external window, and so as to allow between
every part of such steps and the external wall of such
vault, cellar or room, a clear space of six inches at least,
and if the rise of said steps is open, and provided, further,
that over or across any such area there may be steps
necessary for access to any building above the vault, cel-
lar or room, to which such area adjoins, if the same be so
placed as not to be over, across or opposite to any such
external window.
may'make^The'? Section 18. The board of health shall have authority
reg-uiationsasto to make such othcr regulations as to cellars, and the ven-

cellars. ^-^

tilation and overcrowdino^ of tenement and lodgino; houses
and buildings where persons are employed, as they deem
necessary, subject, however, to the laws relating to build-
ing in the city of Boston.
^^J!?t! etc°Trbe Section 19. Every owner and agent, or person hav-
postedonwaii jng charge, of a tenement or lodgino; house shail leave his

of tenement ii • i i i i

house. address with the board of health, and shall have legibly

posted on the wall or in the entry of such tenement or
lodging house the name and address of such owner and of
the agent or person having charge of the same ; and ser-
vice upon parties whose address is out of the city, of any
papers or notices required by this act, or any act relating
to the preservation of health, or by any proceedings to
enforce any of their provisions, shall be sufficient, if made
by sending a copy of such paper or notice through the
mail to the address of the person or persons so designated
as owner, agent or person having charge of such tenement
or lodging house ; and service upon parties whose address
is in the city, by leaving such copy at said address.

1885. — Chapter 383. 889

Section 20. Every officer of the board of hccalth, and gfe'access to'''
every officer upon whom any duty or authority is con- building.
ferred, shall have free access to every part of any lodging
or tenement house, when required, in the proper execution
of the duties of his office.

Section 21. Any court having equity jurisdiction, in Provisions may

, . .V iiTi* Til be enforced in

terra time or vacation, may, on the application ot the equity.
board of health, by any suitable process or decree in
equity, enforce the provisions of this act, and may, on
such application i issue an injunction to restrain the use or
occupation of any building or structure in the city of
Boston, erected, altered or used in violation of this act.

Section 22. Any person violating any provision of ^^",^' ^°^ p^"^'"
this act shall be punished by a fine not exceeding one hun-
dred dollars, or by confinement in the house of correction
not exceeding sixty days, unless another penalty is speci-
fically provided herein.

Section 23. Every member of said board of health, '^Z'T^^^
and every inspector acting under said board shall, before
entering upon the duties of his office take and subscribe
an oath before the city clerk of said city that he will faith-
fully and impartially discharge such duties, and the city
clerk shall make and keep a record of such oath. Every Penalty.
member of said board and every such inspector who enters
upon or discharges such duties without having taken and
subscribed such oath shall be liable to a penalty of one
hundred dollars, but such omission shall not render
invalid any act or proceeding of said board.

Section 24. This act shall take effect upon its pas-
sage. Ajjproved June 19, 1885.

An Act making appropriations for repairs at the state (y^^rj.SSS
prison, for rent for accommodations for certain commis-
sions, AND FOR OTHER MISCELLANEOUS EXPENSES AUTHORIZED
BY THE PRESENT LEGISLATURE.

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 in certain acts and resolves of the present year,
to wit : — For certain repairs at the state prison at Charles- Repairs at state
town, a sura not exceeding twenty thousand dollars as p"*°°-
authorized by a resolve of the present year. For the widow of
widow of the late James F. Davenport, the sum of six port.

890

1885. — Chapter 384.

Rent for certain
commissions.

Town of Cottage
City.

Thomas
Plunlvett.

Repairs at state
house.

Charles Albert
Prince.

hundred and sixty-one dollars, as authorized by a resolve
of the present year. For the payment of rent for suitable
accommodations for certain commissions to be provided
outside the Commonwealth building and state house as
authorized by a resolve of the present year, a sum not
exceeding three thousand five hundred dollars. For the
town of Cottage City, the sum of four hundred and eighty-
two dollars and three cents, as authorized by a resolve of
the present year. For the widow of the late Thomas
Plunkett, the sum of five hundred and seventy dollars as
authorized by a resolve of the present year. For certain
extra repairs to the state house, a sum not exceeding five
thousand five hundred dollars as authorized by a resolve
of the present year. For Charles Albert Prince, one hun-
dred and twenty dollars, being for one month's service as
a member of the house of representatives, in accordance
with an order of the house adopted June nineteenth of the
present year.

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

Approved June 19, 1885.

(JJiap.3S4: ^'^ -^^^ RELATING TO RETURN DAYS AND TO PRACTICE IN THE
SUPREME JUDICIAL AND SUPERIOR COURTS.

Be it enacted, etc., as follows :

t^efirst'^Mondry Section 1. Thc first Mouday of every month shall be
of every month, a rctum day in every county for writs, processes, notices
to appear and citations in all actions, suits and other civil
proceedings in the supreme judicial and superior courts
respectively, and such writs, processes, notices and cita-
tions may be made returnable at the option of the party
issuing or taking out the same at any such return day
within three months after the date thereof. The return
days heretofore established shall not hereafter be return
days for any of such writs, processes, notices or citations,
except those issued before the first day of September,
eighteen hundred and eighty-five, which may be made
returnable as if this act had not been passed. All writs,
processes, notices and citations in the supreme judicial
court for the counties of Dukes County and Nantucket
shall be returnable in the county of Bristol. Nothing
contained in this section shall affect any power of either
court to make any writs, processes, notices or citations
returnable at other times.

Processes, etc.,
for counties of
Dukes and
Nantucket re-
turnable in
Bristol.

1885. — Chapter 384. 891

Section 2. The courts respectively shall be always courts to be
open in every county and there shall no longer be any " "^"^^ °^^°'
terms thereof. Any business of the courts or of the jus-
tices thereof respectively may be transacted at any time ;
but no such business shall be transacted on Sunday, ex-
cept in respect of such applications as, in the opinion of
the court or justice to whom the same may be made, shall
be of pressing necessity. Sittings of the courts respec- sittings of the
tively shall be held as heretofore at the times and places heretofore* "^
appointed by the laws now in force for holding terms of
the courts.

Section 3. The courts and the justices thereof respec- courts may in
tively may in any county transact any business of such d"rUt*jud'J'ment,
courts, and direct any order, judgment or decree to be tere'd*ii!'another
entered in an action, suit or proceeding pending in the county.
same court in another county.

Section 4. Whenever the terms of the courts respec- when terms are

rcftirrGQ to in

tively are referred to in any statute of this state for any any statute not
purpose not otherwise herein provided for, such terms provideTfor^ '^
shall for the purposes of such statute be considered as
commencing on the day appointed by law for the com-
mencement of the regular sittings of the court and as
ending on the day preceding the next such sittings.

Section 5. Appeals and actions removed from munic- Entry of

ttT. -,.,.. I appeals, etc.,

ipal, police and district courts and trial justices to the from district,
superior court, shall be entered at the return day next ^ "' ''""'^ ^"
after the appeal is taken or the removal requested. And
appeals from the decisions of commissioners or of pro-
bate courts upon claims against estates of deceased per-
sons represented insolvent, and from decisions of courts
of insolvency upon claims against estates in insolvency,
or upon the question of granting a discharge, and appeals
under section fifteen of chapter one hundred and eighty-
nine of the Public Statutes, shall be entered in the court
appealed to at the return day, instead of at the term next
after the periods of time specified in the statutes prescrib-
ing when such appeals shall be entered respectively, and
where a statement of claim is required it shall be filed at
such return day, and the provisions of bonds and recog-
niaances in any of the said cases shall be altered ac-
cordingly. In sections nine, ten and twelve of chapter
eighty-five, and section twenty-seven of chapter one hun-
dred and sixty-one of the Public Statutes the word
" term " shall be taken to mean ** return day " : provided ^ P'"""^*"-

892

1885. — Chapter 384.

Amendment to
P. S. 167, § 9.

Default.

Amendment to
P. 8. 164, § 7.

Amendment to
P. S. 183, § 10.

Default may be
removed at any
time before
judgment.

Judgment may
be entered by
clerk four days
after default.

Courts may
make rules con-
cerning entry of
judgment by
clerk.

that nothing contained in this act shall affect the time
appointed in any of these cases for doing any act, where
the appeal is claimed or taken or the removal requested,
or the bond or default mentioned in any of the said sec-
tions is required or made before this act takes effect.

Section 6. Section nine of chapter one hundred and
sixty-seven of the Public Statutes is amended so as to
read as follows: — If no declaration has been inserted in
the writ or filed pursuant to the preceding section, the
action may at any time, upon motion, be dismissed with
costs, but the court may at any time before such dismis-
sal, in its discretion, allow the plaintiff to file his declara-
tion upon such terms, if any, as it shall think fit.

Section 7. If a defendant in an action at law in either
of the courts respectively, being duly served with process
does not enter an appearance in writing within ten days
from the return day of the writ, a default shall be entered
against him, but the court may in any case for good cause
extend the time for entering an appearance.

Section 8. Section seven of chapter one hundred and
sixty-four of the Public Statutes is amended so as to read
as follows : — If after such notice in either case, the defend-
ant does not appear within ten days after the day specified
in such notice for his appearance, a defiiult shall be entered,
and judgment thereon may be rendered against him.

Section 9. Section ten of chapter one hundred and
eighty-three of the Public Statutes is amended so as to
read as follows: — Every person summoned as trustee in
the supreme judicial or superior court shall appear and
file his answer within ten days after the return day of the
writ, unless the court for good cause allows further time
therefor.

Section 10. The courts respectively, in their discre-
tion, and upon such terms, if any, as they may think fit,
may at any time before judgment strike out a default.

Section 11. At any time after a default has been
entered against the defendant in an action at law in either
of the courts, the plaintiff may after four days have judg-
ment entered as of course by the clerk without any further
order.

Section 12. The courts respectively may make gen-
eral rules authorizino; or directino^ ia such manner and
subject to such provisions as they may think proper the
entry of judgment by the clerk without any further order

1885. — Chapter 3S5. 893

in all or any of the cases in which judgment may accord-
ing to the present practice be entered under a general
order or at the end of a term as of course.

Section 13. Every judgment, order or decree of the pAteof entryof
courts respectively shall bear date of the day of the month J"'^^"^^"'"
and the year when the same is entered, but the court may,
in its discretion, when justice requires it, enter the same
as of a previous day.

Section 14. The time within which an application or TimewUhin
affidavit may be made for the removal of an action or uo^n'^for''?emovai
petition by virtue of section eight of chapter one hundred ^i thinrdayr."
and fifty-two, section ten of chapter one hundred and
sixty-one, or section thirteen of chapter one hundred and
seventy-eight, of the Public Statutes, shall be thirty days
after the day for appearance, instead of the time specified
therefor in the said sections respectively.

Section 15. Sections forty-six and forty-seven of Repeal of p. s.

1 . 1 1 ^ T • ^ /• ji T-. 1 !• o^ i 167, §§46, 47.

chapter one hundred and sixty-seven ot the Public Stat-
utes are repealed.

Section 16. Nothing contained in this act shall apply Not to apply to

..... />.i • i 1 criminal busi-

to any criminal business ot the superior court nor be con- ness in superior
strued to affect clerks' fees or taxable costs in civil cases. *=°^'"'®*'-

Section 17. This act shall take effect on the first day J ° j'"'^*' fg^^g''*
of September, eighteen hundred and eighty-five.

Approved June 19, 1885.

An Act providing for the care of certain insane persons. QJian.3S5
Be it enacted, etc., as follows:

Section 1. The state board of health, lunacy and ^",7i,"eC°dat
charity is hereby authorized to place at board where they board lufami-
raay deem it expedient, and in suitable families through-
out the Commonwealth, insane persons of the chronic and
quiet class ; and the cost of boarding such insane persons
having no settlement in this Commonwealth shall be paid
from the appropriation for the support of state paupers in
lunatic hospitals ; but the rate paid for their board shall
not exceed the rate now paid in the state lunatic hos-
pitals.

Section 2. Bills for the support of such insane persons Payments for
boarded in families at the expense of the state shall be made quarterly.
payable quarterly, and shall be audited by the state board
of health, lunacy and charity, which shall present at the
end of each quarter commencing January, April, July and
October, a schedule of all such bills incurred duriug the

894 1885.— CHArTEK 386.

quarter ; and registers shall be kept by said board in such
form that the auditor of accounts shall be able to verify
such schedules ; and for the present year all such bills
shall be paid from the appropriation made in chapter nine
of the acts of eighteen hundred and eighty-five for the
support of state paupers in lunatic hospitals.
To be visited at SECTION 3. It shall be the duty of the board of health,

leaet once in , n i -j j ii • i

three months, lunacy and charity to cause all msane persons who are
boarded in families at the expense of the Commonwealth,
to be visited at least once in three months ; and all insane
persons who are boarded in families at the expense of towns
and cities, and whose residence is made known to said
board, shall be visited in like manner at least once in six
months by some agent of the board of health, lunacy and
charity.
Boarding place SECTION 4. Said board shall be required to remove to
persons are a luuatic hospital or to some better boarding place, all
neglected, etc. g^j^|-y paupers who upou visitatioii are found to be abused,
neglected or improperly cared for when boarded under
the authority of this act ; and it may also remove to a
lunatic hospital any insane person boarded at the expense
of a city or town, who shall be found unsuitably provided
with a boarding place.

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

Approved June 19, 1885.

Chap.386

An Act making further appropriations fob expenses author-
ized THE present year.

Be it enacted, etc., as follows:

Appropriations. SECTION 1. The suiTis hereinafter mentioned ai'c 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 : —
Elevators at For providing elevators for the state house, a sum not

state house. excecdiug thirteen thousand dollars, as authorized by a

resolve of the present year.
Boilers, etc., at For ucw boilcrs and a new boiler house at the state
stae prison. pj-json, a sum uot exceeding eight thousand dollars, as

authorized by a resolve of the present year.

Records in de- For expeuscs in connectioii with the records, files, papers

se^rmry ofthe aud documcnts in the department of the secretary of the

Commonwealth. Commonwealth, a sum not exceeding two thousand five

hundred dollars, as authorized by an act of the present

year.

1885. — Chapter 387. 895

For blank books and blanks to be furnished medical ^afexamTne^a?'"
examiners by the secretary of the Commonwealth, as
authorized by an act passed the present year, a sum not
exceeding five hundred dollars.

For the payment of expenses authorized for the main- suits in which
tenance of certain suits in which the Commonwealth is a weauhTsTp^arty
party interested, a sum not exceeding eighteen thousand
dollars, as authorized by a resolve passed the present
year.

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

Approved June 19, 1885.

interested.

Chap.SSl

An Act in further addition to an act making appropria-
tions FOR EXPENSES AUTHORIZED THE PRESENT TEAR, AND FOR
certain OTHER EXPENSES AUTHORIZED BY LAW.

Be it enacted, etc., as follows:

For the construction of a barn, and for the purchase of Reformatory
an engine, shafting and pulleys at the reformatory prison women."
for women, a sum not exceeding five thousand five hun-
dred dollars, as authorized by chapter fifty-two of the
resolves of the present year.

For William AVashburn, one thousand and fifty dollars, wiiiiamWash-
as authorized by chapter fifty-three of the resolves of the ^"•■"•
present year.

For George W. Knight, the sum of two hundred and oeor?ew.
fifty dollars, as authorized by chapter fifty-four of the
resolves of the present year.

For the St. Luke's home for convalescents, the sum of ^-^^^^^'^
one hundred and forty-five dollars and sixteen cents, as
authorized by chapter fifty-five of the resolves of the
present year.

For providing for the protection of the Commonwealth Protection from
from Asiatic cholera, a sum not exceeding fifty thousand
dollars, as authorized by chapter fifty-six of the resolves
of the present year.

For the construction of a storehouse and for certain construction
repairs at the state prison, a sum not exceeding thirteen et^ate'^prison."
thousand dollars, as authorized by chapter fifty-eight of
the resolves of the present year.

896

1885. — Chapter 387.

Massachusetts
rtlorraaiory.

ConteBted
elections.

Trustees of lu-
naiic hospital in
Worcester.

Support of
paupers by city
of Boston.

State primary
Bchool at Mod-
son.

Massachusetts
reformatory.

Agricultural
college.

Laboratory at
agricultural
experiment
station.

Amelia J. Gill.

Rfport, agri-
cultural eT:perl-
raent station.

For the disposal of sewage from the oflScers' houses at
the Massachusetts reformatory, a sum not exceeding two
thousand five hundred dollars, as authorized by chapter
fifty-nine of the resolves of the present year.

For the publication of the reports of cases of contested
elections, a sum not exceeding two thousand five hundred
dollars, as authorized by chapter sixty of the resolves of
the present year.

For the trustees of the state lunatic hospital in Worces-
ter, for the purpose of finishing certain streets in the city
of Worcester laid out on land of the Commonwealth, a
sum not exceeding two thousand two hundred dollars, as
authorized by chapter sixty-one of the resolves of the
present year.

For the city of Boston, for the payment of certain bills
for the support of state paupers at the Bostoh city hos-
pital, a sum not exceeding fourteen thousand two hundred
and seventy-six dollars and twenty-four cents, as author-
ized by chapter sixty-two of the resolves of the present
year.

For fire escapes and a new steam boiler at the state
primary school at Monson, a sum not exceeding twenty-
five hundred dollars, as authorized by chapter sixty-three
of the resolves of the present year.

For the purchase of machinery and tools for the Massa-
chusetts reformatory, a sum not exceeding twelve thou-
sand dollars, as authorized by chapter sixty-four of the
resolves of the present year.

For providing for certain apparatus, buildings, repairs
and furnishing at the Massachusetts agricultural college,
a sum not exceeding forty-five thousand dollars, as author-
ized by chapter sixty-five of the resolves of the present
year.

For building and fitting up a laboratory at the Massa-
chusetts agricultural experiment station at Amherst, a
sum not exceeding six thousand dollars, as authorized by
chapter sixty-six of the resolves of the present year.

For Amelia J. Gill of Boston, the sum of three hun-
dred dollars, as authorized by chapter sixty-seven of the
resolves of the present year.

For printing extra copies of the report of board of con-
trol of the Massachusetts agricultural experiment station,
a sum not exceeding eight hundred dollars, as authorized
by chapter sixty-eight of the resolves of the present year.

1885. — Chapter 387. 897

For clerical assistance in the office of the register of cicncai assist-
probate and insolvency in the connty of Middlesex, a sum probate; etc., ia
uot exceeding fifteen hundred dollars, as authorized by ' ^^'^^'
chapter three hundred and four of the acts of the present
year.

For salaries and expenses of the gas commissioners, a Gascoramia-
sum not exceeding six thousand dollars, as authorized by
chapter three hundred and fourteen of the acts of the
present year.

For the salary of the iudge of probate and insolvency Judge of pro-

bate etc for

for the county of Dukes County, the sum of fifty-five Dukes county.
dollars and fifty-six cents, as authorized by chapter three
hundred and eighteen of the acts of the present year,
being in addition to the five hundred dollars appropriated
by chapter two of the acts of the present year.

For the agricultural experiment station, the sum of five Agricultural
thousand dollars, as authorized by chapter three hundred sfa'thJn™'^"'^
and twenty-seven of the acts of the present year, being
in addition to the five thousand dollars appropriated by
chapter thirty-nine of the acts of the present year.

To provide a building for the state normal art school, a gghoor"'^™^' ^''^
sum not exceeding eighty-five thousand dollars, as author-
ized by chapter three hundred and thirty of the acts of
the present year.

For the Gettysburg battlefield memorial association, for {^auiefieid me.
the purposes of carrying out the provisions of chapter monai associa-
forty-two of the resolves of eighteen hundred and eighty-
three, the sum of one thousand dollars.

For the purpose of exterminating contagious diseases contagious

,.., tji -1 ± t diseases among

among horses, cattle and other animals, a sum not exceed- animals.
ing three thousand five hundred dollars, being in addition
to the one thousand five hundred dollars appropriated by
chapter thirty-nine of the acts of the present year.

For expenses in the conduct of examinations, the em- consolidation of
ployment of experts, and such other necessary expenses Greenfield Raii-

-r 1 •! 1 • road and certain

as the governor and council may deem necessary in carry- other railroads.
ing out the provisions of chapter two hundred and ninety-
seven of the acts of the present year, being " An Act to
promote the consolidation of the Troy and Greenfield
railroad and certain other railroads," a sum not exceeding
ten thousand dollars.

For authorized expenses of committees of the present Expenses of
legislature, a sum uot exceeding five hundred dollars, in the legislature,
addition to the eleven thousand five hundred dollars ap-

898

1885. — CHArTER 387.

Report of in-
vestigation of
expenditures
made by the
state house com-
mission.

Treasurer and
receiver-gen-
eral.

Judge of pro-
bate, etc., for
county of
Worcester.

Reformatory
prison for
women.

Doorkeepers,
messengers and
pnges.

Temporary
assistance in
extraordinary
cases.

propriated by chapters one and three hundred and seven-
teen of the acts of the present year.

For printing and binding the report of the joint special
committee appointed to investigate the methods upon
which expenditures are made under the supervision of the
state house commission, a sum not exceeding eight hun-
dred dollars.

For the salary of the treasurer and receiver-general, the
sum of one thousand dollars, as authorized by chapter
two hundred and sixty-three of the acts of the present
year, being in addition to the four thousand dollars appro-
priated by chapter three of the acts of the present year.

For the salary of the judge of probate and insolvency
for the county of Worcester, the sum of five hundred dol-
lars, as authorized by chapter two hundred and seventy-
five of the acts of the present year, being in addition to
the two thousand five hundred dollars appropriated by
chapter two of the acts of the present year.

For the purchase of additional land for the reformatory
prison for women, a sum not exceeding eleven thousand
six hundred dollars, as authorized by chapter two hundred
and eighty-seven of the acts of the present year.

For the compensation of doorkeepers, messengers and
pages to the present legislature, a sum not exceeding two
thousand dollars, in addition to the twenty-two thousand
dollars appropriated by chapters one and two hundred
and eighty-four of the acts of the present year.

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

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

Approved June 19, 1885.

1885. — CnAPTEKS 1, 2, 3. 899

RESOLVES.

Resolve authorizing the treasurer to borrow money in r<]^f^^ 1

ANTICIPATION OF THE REVENUE. "'

Resolved^ That the treasurer and receiver-general be and ^orrX'^mo'JJey
he is hereby authorized to borrow, in anticipation of the in ai,ticipatiou

"^ . , ^ ^ of the revenue.

receipts of the present year, such sums ot money as may
be from time to time necessary for the payment of the
ordinary demands on the treasury, at any time before the
expiration of fifteen days after the meeting of the genei-al
court, at such rates of interest as shall be found neces-
sary ; and that he repay any sums he may borrow under
this resolve as soon as money sufficient for the purpose
and not otherwise appropriated shall be received into the
treasury. Approved January 29, 1S85.

Resolve providing rooms for the use of the civil service (^Jfrtj} 2

COMMISSIONERS. ^

Resolved, That the commissioners on the state house be civii service
and they are hereby directed to provide suitable rooms '=°™"»*""*"»*''*-
outside the state house and Commonwealth building for
the use of the civil service commissioners. Said com-
uiissioners on the state house may expend for rent of the
rooms a sum not exceeding nine hundred dollars per
annum, and for fitting up and furnishing, a sum not ex-
ceeding four hundred dollars.

Approved January 29, 1885.

Resolve providing for the printing of a book containing a HJinj) 3

LIST of MEMBERS, COMMITTEES, RULES AND NOTES OF RULINGS
for the USE OF MEMBERS OF THE PRESENT LEGISLATURE.

Resolved, That there be printed for the use of the List of mem-
members of the present legislature, six hundred copies of '^'^'^' '"^'''•'"'
a book containing the rules of the two branches of the
legislature, with notes of rulings of the presiding oflScers

900

1885. — Chapters 4, 5, 6.

Report of com-
misBioners on
papers and
documents in
department of
the secretary.

from the year eighteen hundred and thirty-three to the
year eighteen hundred and eighty-five, and a list of mem-
bers and committees of the senate and house, in form as
printed for the use of the legislature in eighteen hundred
and eighty-three. Approved February 3, 1885.

Cliav 4: Kesolve providing for printing two thousand copies of

THE REPORT OF THE COMMISSIONERS UPON THE RECORDS, FILES,
PAPERS AND DOCUMENTS IN THE DEPARTMENT OF THE SECRE-
TARY OF THE COMMONWEALTH.

Resolved, That there be printed two thousand copies of
the report to the legislature of Massachusetts made by the
commissioners appointed under resolve chapter sixty,
eighteen hundred eighty-four, upon the condition of the
records, files, papers and documents in the department of
the secretary of the Commonwealth ; and that one thou-
sand copies of the same be bound in cambric, and one
thousand in paper covers ; the same to be distributed as
follows : — One copy to each public library, and historical
society in the state, the remainder under the direction of
the secretary of the Commonwealth.

Approved February 12, 1885.

K Resolve to provide rooms for the commission appointed to

PREPARE AND COMPLETE A TOPOGRAPHICAL SURVEY AND MAP
OF MASSACHUSETTS.

Resolved, That the commissioners on the state house
provide, at a rental not exceeding five hundred dollars
per annum, suitable rooms outside of the state house and
Commonwealth building, for the use of the commission
appointed to prepare and complete a contour topographi-
cal survey and map of Massachusetts. And that said
commissioners on the state house furnish said rooms at an
expense not exceeding three hundred dollars.

Approved February 12, 1885.

CllCtV' 6 RRSOLVE in favor of THE MASSACHUSETTS CHARITABLE EYE AND

Clia})

Rooms for com-
mission on topo-
graphical sur-
vey, etc.

EAR INFIRMARY.

Massachusetts
charitable eye
and ear infirm-
ary.

Resolved, That there be allowed and paid out of the
treasury of the Commonwealth ten thousand dollars to
the Massachusetts charitable eye and ear infirmary, to be
expended under the direction of the managers thereof for
the charitable purposes of said infirmary for the present
year ; and the said managers shall report to the state
board of health, lunacy and charity.

Approved February 12, 1885.

1885. — Chapters 7, 8, 9, 10, 11. 901

Resolve providing for the printiwg of additional copies (JJidj) 7

OF THE REPORT OF THE TRUSTEES OF THE AGRICULTURAL
COLLEGE.

Resolved. That there be printed three thousand copies Report of

„ 1 i r ii i i i> » -»«■ 1 ii trustees of agri-

01 the annual report 01 the trustees 01 the Massachusetts cultural college.
agricultural college, one-half of which shall be distributed
among the members of the legislature, and the remainder
to the officers and trustees of the college, the same to be
in addition to the usual legislative edition.

Approved February 19, 1885.

Resolve in favor of the town of newbury. Chap. 8

Resolved, That there be allowed and paid out of the TowuofNew-
treasury of the Comijionwealth to the town of Newbury, '"^^"
as re-imbursement for money paid for the support of
Lucy M. Caldwell, an insane criminal, the sum of two
hundred and forty dollars and fifty cents.

Approved February 25, 1885.

Resolve providing for the printing of additional copies (J]iap. 9
OF the annual report of the bureau of statistics of

LABOR.

Resolved, That there be printed one thousand addi- ^ur^e^auofsta-
tional copies of the annual report of the bureau of statis- tistics of labor.
tics of labor for the present year, to be distributed as fol-
lows : — One copy to each member of the legislature, and
the residue under the direction of the bureau of statistics
of labor. ' Approved February 25, 1885.

Resolve in favor of the town of Lexington. Glial). 10

Resolved, That this Commonwealth hereby releases to TownofLex-
the town of Lexington, to be held and managed by the "°
trustees of the Bridge charitable fund for the purposes of
their trust, all its right, title and interest, if any it has,
in the property and estate of which Elizabeth Bridge
Gerry, late of said Lexington, died seized and possessed.

Approved February 25, 1885.

Resolve providing for the printing of extra copies op the QfiQ/n. H
thirty-second annual report of the secretary of the
massachusetts board of agriculture.

Resolved, That there be printed four thousand addi- Jarrofboa^d'of
tional copies of the thirty-second annual report of the agriculture.
Massachusetts board of agriculture, for the use of mem-

902

1885. — Chapters 12, 13, 14.

bers, to bo distributed as follows: — Thirteen copies to
each member of the legislature, and the residue under the
direction of the secretary of the board of agriculture.

Approved February 25, 1885.

dial) 12 I^^SOLVE PROVmiNG FOR THE PAYMENT OF ARMORY RENTS TO

CERTAIN CITIES AND TOWNS.

Armory rents.

Resolved, That the adjutant-general be and he is hereby
authorized to allow to the following named cities and
towns, to wit: — The cities of Boston, Cambridge, Fall
River, Holyoke, Lowell, Maiden and Worcester, and the
towns of Beverly, Chelmsford, Concord, Gardner, Groton,
Leominster, Westford and Woburn, such amounts for
rent of armories, for the year eighteen hundred and
eighty-four, for various organizations of the state militia
occupying public buildings, as may be in his judgment
just and reasonable ; and said amounts shall be certified
to the auditor of the Commonwealth, not to exceed in all
the sum of eight thousand dollars, to be paid from the
appropriation for armory rents, authorized by chapter
thirty-two of the acts of the year eighteen hundred and
eighty-four. Approved February 23, 1885.

Chap.

23 Resolve confirming the acts of Nathaniel w. ladd as a

JUSTICE OF the peace.

Acts done by
Nathaniel J

confirmed.

Resolved, That all acts done by Nathaniel W. Ladd as
onhVpeice"'^^ ^ justice of the peace between the thirteenth day of
August and the twelfth day of October in the year eigh-
teen hundred and eighty-four are hereby confirmed and
made valid to the same extent as though he had been
qualified during that time to discharge the duties of a jus-
tice of the peace. Approved February 26, 1885.

Chap. 14

Li.uif ,T. B.
Marsh, ill.

Resolve in favor of louis j. b. Marshall.

Resolved, That there be allowed and paid out of the
treasury of the Commonwealth, to Louis J. B. Marshall
of Boston, a private of Battery A, Massachusetts volun-
teer militia, the sum of three hundred dollars, in full
compensation for injuries received in camp July twenty-
third, eighteen hundred and eighty-four, while in the line
of his duty. Approved February 27, 1885.

1885. — Chapters 15, 16, 17, 18, 19. 003

Resolve providing for printing extra copies of the manual (JJidp, 15

FOR THE general COURT.

Resolved, That there be printed eleven hundred and general coun.''
twenty copies of the Manual for the general court for the
present year, in addition to the number now authorized
by law, to be distributed as follows : — Four copies to
each member of the legislature.

Approved February 27, 1SS5.

Resolve in favor of william j. balmer. Chap. 16

Resolved, That there be allowed and paid out of the wiuiamj.
treasury of the Commonwealth to William J. Balmer of
Cambridge, the sum of one hundred dollars, as full com-
pensation for injuries received in the line of his duty as a
sergeant in company B, fifth regiment Massachusetts vol-
unteer militia, in July, eighteen hundred and eighty-four.

Approved February 27, 1885.

Resolve relating to the provisions of the will of benjamin QJiap. 17

WALKER, late OF SEEKONK.

Resolved, That the Commonwealth declines to accept ^X°!°
the provisions of the second clause of the will of Benjamin
Walker, late of Seekonk, in trust for the establishment of
a manual labor school in the town of Seekonk, and releases
any rights which it might acquire under the provisions of
said clause. Approved March 5, 1885.

Resolve in favor of clarissa j. maies. Chap. 18

Resolved, That Clarissa J. Maies of Worcester, widow ^'^[J^^^*^-
of William H. Maies acting master in the United States
navy during the late war of the rebellion, shall, from and
after February first, eighteen hundred and eighty-five, be
eligible to receive state aid, under the provisions, rules
and regulations of chapter thirty of the Public Statutes, in
the same manner and to the same extent that she would
have been had her husband served to the credit of Massa-
chusetts. Approved March 11, 1885.

Resolve in_ relation to public records of parishes, towns Chap. 19

AND counties.

Resolved, That the commissioner appointed under the commigBiouer
provisions of chapter sixty-five of the resolves of eighteen padshes, towns,
hundred and eighty-four, relating to public records of **''•
parishes, towns and counties, may expend a sum not ex-,

904 1885. — Chapters 20, 21, 22, 23.

ceedin<^ five hundred dollars in collecting necessary in-
formation relating to such records, such information to be
collected, so far as possible, by means of the census of
eighteen hundred and eighty-five ; and that he make the
report called for by the said resolve to the next legislature.

Approved March 11, 1885.

(JJiap. 20 Resolve confirming the acts of henry j. dunham as a justice

OF THE PEACE AND TRIAL JUSTICE.

Acts done by Resolvecl, That all acts done bv Henry J. Dunham as

Henry J. Dun- ... /. .. , . , . . • i • i c ji

ham as justice justicc 01 the pcacc aud as trial justice, withm and tor the
trial ju^tfcT/"' county of Berkshire, between the seventh day of Novem-

confirmed.

ber in the year eighteen hundred and eighty-four and the
first day of January in the year eighteen hundred and
eighty-five, are hereby made valid and confirmed to the
same extent as though he had been during all that time
qualified to discharge the duties of said offices.

Approved March 11, 1885.

CJiaT) 21 Resolve in favor of the trustees of the soldiers' home in

MASSACHUSETTS.

Soldiers' Home Resolved, That there be allowed and paid out of the

in Massachu- i /^ i

setts. treasury of the Commonwealth to the trustees or the

soldiers' home in Massachusetts, the sum of fifteen thou-
sand dollars, the same to be used towards the maintenance
of a home for deserving soldiers and sailors.

Approved March 11, 1885.

ChdT). 22 Resolve in favor of ellen madigan of north adams.

Ellen Madigan. Resolvcd, That there be allowed and paid out of the
treasury of the Commonwealth to Ellen Madigan of North
Adams, widow of James Madigan, the sum of one hundred
and fifty dollars in two annual instalments of seventy-five
dollars each. Approved March 11, 1885.

GhcLD 23 Resolve in favor of the state workhouse at bridgewater.
state work- liesolved, That there be allowed and paid out of the

w&^l^ " ^* treasury of the Commonwealth a sum not exceeding seven
thousand dollars for the following purposes, to wit : — For
the purchase of land adjoining Taunton River, for the
erection of a pumping station on the same, for the purchase
of a steam pump and boiler and iron pipes to connect the
same with the new water tower, and for completing what-

1885. — Chapters 24, 25, 26. 905

ever may be necessary to supply said institution with
water. Said sum shall be expended under the direction
of the trustees and superintendent of said workhouse.

Approved March 11, 1885.

Resolve in favok of margaret dugan. Chan. '24t:

Resolved, That Margaret Dugan, widow of the late Margaret
James Dugan formerly a member of company K, twenty- "^*""
eighth regiment Massachusetts volunteer infantry, shall
from and after the first day of February, eighteen hundred
and eighty-five, be eligible to receive state aid under the
provisions, rules and regulations of chapter thirty of the
Public Statutes, in the same manner and to the same ex-
tent that she would have been entitled had her husband
been a resident of Massachusetts and in receipt of the state
aid of this state at the time of his death.

Approved March 11, 1885.

Resolve in favor of john l. chambers. Chap. 25

Resolved, That John L. Chambers, formerly an acting johnL.
master's mate in the United States navy, a resident of the ^*'*™''®*^^-
Commonwealth of Massachusetts at the time of his going
into service, and now residing in Boston, shall, from and
after January first, eighteen hundred and eighty-five, be
eligible to receive military aid under the provisions, rules
and regulations of chapter thirty of the Public Statutes,
and of all acts in addition thereto, in the same manner and
to the same extent that he would have been had he served
to the credit of Massachusetts.

Approved March 16, 1885.

Resolve providing for the purchase of military clothing njinvi 95

FOR the militia.

Resolved, That there be allowed and paid out of the Military cioth-
treasury of the Commonwealth the sum of eighty-four mimi'a'^.
thousand dollars, to be expended by the quartermaster-
general, under the direction of the commander-in-chief,
for the purchase of overcoats and trousers for the militia.
No part of this appropriation shall be expended unless
contracts can be made satisfiictory to the commander-in-
chief, to furnish the militia with overcoats and trousers for
the amount specified in this resolve.

Approved March 25, 1885.

906 1885. — Chapters 27, 28, 29.

Cliap. 27 Resolve in relation to the publication of the provincial

LAWS.

Provincial luws. Resolved, That there be allowed aud paid out of the
treasury of the Commonwealth a sum not exceeding ten
thousand nine hundred and five dollars, for the purpose of
continuing the preparation for publication, and for the
publication of the provincial laws, during the year eighteen
hundred and eighty-five, as provided in chapter forty-three
of the resolves of the year eighteen hundred and sixty-
five, but subject to the provisions and limitations embraced
in chapter fifty-six of the resolves of the year eighteen
hundred and eighty-four.

Ap-proved, MarcJi 25, 1885.

Chap. 28 Resolve to provide for new steam boilers and for certain
improvements and repairs at the state almshouse.

ai'Tewksbiuy!*^ Hesolved, That there be allowed aud paid out of the
treasury of the Commonwealth to the trustees of the state
almshouse at Tewksbury, eleven thousand five hundred
dollars to be expended under the direction of the superin-
tendent and trustees of said almshouse for the following
purposes : — One thousand dollars to complete water con-
nections and extension of water mains around the build-
ings ; seven thousand dollars for new steam boilers,
chimney and masonry ; and three thousand five hundred
dollars for re-piping and re-arranging the heating apparatus
in the men's hospital and main building.

Approved March 27, 1885.

Chan 29 Resolve in relation to the topograhical survey and map of

MASSACHUSETTS.

'i,'^.''«f;\\H'min Resolved, That there be allowed and paid out of the
of the state. trcasury of thc Comuionwcalth a sum not exceeding nine
thousand dollars, which sum may be expended as recom-
mended by the commissioners on the topographical survey
and map of Massachusetts, under the direction of said
commissioners, for the determination by triangulation of
the boundary lines of the cities and towns in the Com-
monwealth : provided, the amount so expended during
the current year shall not exceed the sum of three thou-
sand dollars. Approved March 27, 1835.

1885. — Chapters 30, 31, 32, 33. 907

Resolve providing rooms for the bureau of statistics of (JJidt). 30

LABOR, FOR THE PURPOSE OF TAKING THE DECENNIAL CENSUS.

Resolved, That the commissioners on state house be Rooms for i.u-
and they are hereby directed to provide suitable rooms, ofuboif''"*"''^
outside the state house and Commonwealth building, for
the use of the bureau of statistics of labor, for such
period of time as may be necessary to accommodate the
additional clerical force required in taking the decennial
census and the industrial statistics of the Commonwealth.
The commissioners may expend a sum not exceeding
twenty-five hundred dollars per annum for rent, and not
exceeding five hundred dollars for furnishing said rooms.

Approved April 1, 1885.

inBon.

Resolve in favor of john w. Dickinson. Chan. 31

Resolved, That there be allowed and paid out of the john w. Dick,
treasury of the Commonwealth a sum not exceeding three
hundred dollars to John W. Dickinson, for expenses
incurred as a delegate appointed by the governor to rep-
resent the educational interests of the Commonwealth at
the world's industrial cotton and centennial exposition at
New Orleans. Approved April i, 1885.

Chaj). 32

Resolve providing for the printing of extra copies of the
report of the commissioners of the state topographical
survey for the year eighteen hundred and eighty-four.

Resolved, That there be printed three hundred addi- Report of com
tional copies ot the report ot the commissioners ot the topographical
state topographical survey for the year eighteen hundred *"''^''^y-
and eighty-four, to be distributed under the direction of
said commissioners. Approved April 1, 1885.

Resolve in favor of the town of franklin. Chcin. 33

Resolved, That there l)e allowed and paid from the Town of Frank
treasury of the Commonwealth to the town of Franklin,
the sum of one hundred and thirty-eight dollars and
thirty-seven cents, in settlement of the claim of said
town against the Commonwealth for money paid for sup-
port of Charlene C. W. Daniels, an insane criminal.

Approved Ajjril 1, 1885.

lin.

908 1885. — Chapters 34, 35, 36, 37.

Chap. 34 Resolve for providing fire escapes at the state normal

SCHOOL AT FRAMINGHAM.

state normal Resolved, That there be allowed and paid out of the

Framingham. treasuiy of the Commonwealth a sum not exceeding eight
hundred and fifty dollars, for the purpose of providing
fire escapes and furnishing suitable precaution against fire
at the boarding-house of the state normal school at Fram-
ingham, the same to be expended under the direction of
the board of education. Approved April 1, 18S5.

CIiO^V 35 Resolve in favor of mart foley.

Mary Foley. Resolved, That Mary Foley, widow of James Foley

who died in the service during the war of the rebellion,
while a member of company D, second regiment Massa-
chusetts volunteer infantry, shall from and after February
first, eighteen hundred and eighty-five, be eligible to re-
ceive state aid under the provisions, rules and limitations
of chapter thirty of the Public Statutes, in the same man-
ner and to the same extent that she would have been had
she actually resided in Massachusetts, April twenty-third,
eighteen hundred and sixty-six. Approved April 5, 1885.

Chat) 36 Resolve granting county taxes.

County taxes Resolved, That the sums placed against the names ot

granted. ^|^^ scvcral couutics in the following schedule are granted

as a tax for each county, respectively, to be collected and
applied according to law : — Barnstable, twelve thousjlnd
dollars; Berksliire, sixty-two thousand dollars; Bristol,
one hundred and four thousand dollars ; Dukes, six thou-
sand nine hundred dollars ; Essex, two hundred and five
thousand dollars ; Franklin, twenty-seven thousand dol-
lars ; Hampden, eighty-one thousand dollars ; Hampshire,
thirty-eight thousand dollars ; Middlesex, one hundred
and fifty thousand dollars ; Norfolk, sixty thousand dol-
lars ; Plymouth, fifty-two thousand dollars ; Worcester,
one hundred and fifteen thousand dollars.

Approved April 3, 1885.

Chan 37 Resolves concerning an amendment to the constitution to

Proposed PROVIDE FOR PRECINCT VOTING IN TOWNS.

c"nttuutionfor Resolvcd, That the following article of amendment of
Intown^srtobe' the coustitutiou, haviug been agreed to by the last and
^eo°'ieftfrrat?*' Present general courts, and published in the manner re-
fication. quired by the constitution, be submitted to the people for

their ratification and adoption : —

^ 1885. — Chapter 37. 909

Article of Amendment.

The general court shall have full power and authority Article of
to provide for the inhabitants of the towns in this Com- '*"*'" ""^ '
monwealth more than one place of public meeting within
the limits of each town for the election of oflScers under
the constitution, and to prescribe the manner of calling,
holding and conducting such meetings. All the pro-
visions of the existing constitution inconsistent with the
provisions herein contained are hereby annulled.

Resolved^ That the people shall be assembled for the
purpose aforesaid, in their respective cities and towns, in
meetings to be legally warned, and held on Tuesday the
third day of November next, at which meeting all the in-
habitants qualified to vote for senators and representatives
in the general court may give in their votes, by ballot,
for or against said article of amendment ; and the same
officers shall preside in the said meetings as in the meet-
ings for the choice of senators and representatives, and
shall in open meeting receive, sort, count and declare the
votes of the inhabitants, for and against the same ; and
the said votes shall be recorded by the clerks of said cities
and towns, and true returns thereof shall be made out
under the hands of the mayor and aldermen of the several
cities, and of the selectmen, or a major part of them, and
of the clerks of the said cities and towns, respectively,
and sealed up and delivered to the sheriff of the county
within three days after the said meetings, to be by him
transmitted to the office of the secretary of the Common-
wealth within seven days after receiving the same ; or the
said mayors and aldermen, and selectmen, respectively,
shall themselves transmit the same to the said office within
ten days after the said meetings : provided, that in the
several cities the meetings held under this resolve shall be
conducted according to the provisions of the acts estab-
lishing the same, and of the several acts in addition
thereto.

Resolved, That every person qualified to vote as afore- Tovote|«yeB"
said may express his opinion on said article of amendment °^
without expressing in his ballot the contents of said
article ; but the form of said ballot shall be as follows : —
" Amendment to the Constitution, Yes," or " No." And
if said article shall appear to be approved by a majority
of the persons voting thereon, it shall be deemed and
taken to be ratified and adopted by the people.

910 1885. — Chaptee 38.

the^eo"ir\obe Besolved, That his excellency the governor and the
enrolled on council shall forthwith open and examine the votes re-
depositld in"the tumcd as aforcsaid ; and if it shall appear that said
office!'"^* article of amendment has been approved by a majority of
the persons voting thereon, according to the votes re-
turned and certified as aforesaid, the same shall be
enrolled on parchment, and deposited in the secretary's
office, as a part of the constitution of this Commonwealth,
and shall be published in immediate connection therewith,
numbered according to its numerical position, with the
articles of amendment of the constitution heretofore
adopted, in all future editions of the laws of this Com-
monwealth, printed by public authority.
i^^ueMochTma Besolved, That his excellency the governor be, and he
tion. hereby is, authorized and requested to issue his proclama-

tion forthwith after the examination of the votes returned
as aforesaid, reciting said article of amendment, and an-
nouncing that said article has been duly adopted and
ratified by the people of this Commonwealth, and has
become a part of the constitution thereof, and requiring
all magistrates and officers, and all citizens of the said "
Commonwealth, to take notice thereof, and govern them-
selves accordingly ; or that the said article of amendment
has been rejected, as the case may be.
Sve'8^o^l^e sent ResolvecL, That a printed copy of these resolves, m-
totiieseveiai cludiuo: thc Said article of amendment, and blank forms

cities and towns ^. ,~ ^ •i-iiiii -i

in the state. oi the rctums ot votcs ou Said article, shall be transmitted,
as soon as maybe, by the secretary of the Commonwealth,
to the mayors and aldermen of the several cities, and the
selectmen of the several towns, of this Commonwealth.

Approved April S\ 1885.

Chap. 38 Resolves providing for the printing, binding and distribu-
tion OF THE DECENNIAL CENSUS AND INDUSTRIAL STATISTICS.

Kamuiiltdtu- Resolved, That there be printed and bound, from the
tionofthe stereotype plates authorized by chapter one hundred and

QGCBnnilli C0DS118 %/ L ». \J L

and industrial eijjhty-oue of the acts of the year eighteen hundred and
eighty-four, eight thousand copies oi the decennial census
and industrial statistics of the Commonwealth for the year
eighteen hundred and eighty-five.

i". Resolved, That said eight thousand copies be distributed
as follows : — Ten copies each to the governor, lieutenant-
governor and each member of the council, senate and
house of representatives ; one copy to each senator and

statistics.

1885. — Chapter 38. 911

representativo of Massachusetts in Congress ; one copy Distribution.
to the head of each of the departments of the Common-
wealth ; one copy to the attorney-general ; three hundred
copies to the state library, six copies to be preserved on
the shelves, and the residue to be used in exchanges and
for distribution ; fifteen copies to the public library of the
city of Boston ; ten copies each to the clerks, and one
copy each to the assistant clerks and to the chaplains of
the two houses of the legislature ; ten copies to the ser-
geant-at-arms, and one copy each to such of his assistants,
not exceeding twenty-five, as he may designate ; one copy
to each reporter to whom a seat has been allotted by
the president of the senate or speaker of the house of
representatives ; one copy to each city or town in the
Commonwealth, to be placed in the city or town library
when such library is established ; one copy to each public
or incorporated library in the Commonwealth, other than
city and town libraries ; one copy to each of the judges of
the supreme judicial court and of the superior court ; one
copy to each judge of probate and insolvency ; one copy to
the clerk of the courts in each county ; one copy to each
district attorney ; one copy to each sheritF; one copy to
each register of deeds ; one copy to each register of pro-
bate and insolvency ; and two thousand copies to the
bureau of statistics of labor, for distribution ; and the
residue of said eight thousand copies to be delivered to
the secretary of the Commonwealth for immediate dis-
tribution and for preservation for future distribution.

Resolved, That said census and industrial statistics be Tobepnnte.iin
printed in octavo volumes of the size of the acts and octovoY'"'""'
resolves, but in the general style of the annual reports
heretofore of the bureau of statistics of labor, and that
the matter thereof be contained in three volumes, each
volume to contain so far as practicable information of the
same class.

Resolved, That there be printed and bound fifteen hun- compendium.
dred copies of a compendium in one volume of the said
decennial census and industrial statistics, which compen-
dium shall be distributed by the bureau of statistics of
labor. Approved April 13, 1885.

912 1885. — Chapters 39, 40, 41, 42.

Chan 39 Resolve granting an allowance to the Massachusetts

MOZART ASSOCIATION OF THE FORTIETH NEW YORK MOZART
REGIMENT, FOR THE PURPOSE OF ERECTING A MONUMENT ON
THE BATTLEFIELD OF GETTYSBURG, PENNSYLVANIA.

Massachusetts Resolvcd, That there be allowed and paid out of the
tionofthe treasurj of the Commonwealth the sum of five hundred
Y'?)'rrMozarT dollars to the Massachusetts Mozart association compris-
Regiment. j^^^ ^^^^^. companies of the fortieth New York Mozart regi-
ment, New York volunteers, which were credited to the
foUowino^ named cities and towns of this Commonwealth,
viz. : — Newburyport, Lawrence, Milford, and West Cam-
bridge (now Arlington), and which were engaged in the
battle of Gettysburg, Pennsylvania, for the purpose of
erecting a suitable monument on the said battlefield ; the
said amount to be paid upon the approval of the governor
and council to a duly authorized ofiicer or committee of
such association if applied for within two years from the
passage of this resolve. Approved April 14, 1885.

Chan 40 K^^solve in addition to a resolve providing for the pur-
chase OF MILITARY CLOTHING FOR THE MILITIA.

i^g"fo7thi°'''" Resolved, That any unexpended balance of the appro-
miuiia. priation of eighty-four thousand dollars made to carry out

the provisions of chapter twenty-six of the resolves of the
present year, may, after the purchase of overcoats and
trousers as provided in said chapter, be expended by the
quartermaster-general, under the direction of the com-
mander-in-chief, for other military clothing.

Approved April 15, 1885.

Chan 41 Resolve in favor of lavinia cook.

LaviniaCook. Resolved, That there be allowed and paid out of the
treasury of the Commonwealth to Lavinia Cook of Bos-
ton, widow of John Cook who served in the United States
navy, to the credit of Massachusetts, during the late war
of the rebellion, an annuity of seventy-two dollars from
the first day of January, eighteen hundred and eighty-
five, payable in equal quarterly instalments, said annuity
to continue while she remains unmarried.

Approved April 17, 1885.

Chan 42 Resolve in favor ofjames maher.

James Maher. Resolvcd, That Jamcs Mahcr of Bostou, who iu eighteen
hundred and sixty-two was shipped in the navy at Baton

1885. — Chapteks 43, 44, 45. 913

Rouge, Louisiana, and served on board the U. S. steam-
ship Brooklyn as a second class boy, shall on and after
the first day of April, eighteen hundred and eighty-five,
be eligible to receive state aid under the provisions, rules
and regulations of chapter thirty of the Public Statutes,
in the same manner and to the same extent that he would
have been had he served to the credit of Massachusetts in
the late war of the rebellion. Approved April 17, 1885.

Chap. 43

Resolve in favor of the commission to report a system of
drainage for the valleys of the mystio and other rivers.

Resolved., That there be allowed and paid out of the system of drain-
treasury of the Commonwealth the sum of thirteen thou- of j/ystk^anr
sand dollars, to be expended under direction of the com- other rivers.
missioners appointed under chapter sixty-three of the
resolves of the year eighteen hundred and eighty-four ;
entitled a Resolve for the appointment of a commission to
consider a general system of drainage for the valleys of
the Mystic, Blackstone and Charles rivers, and certain
other portions of the Commonwealth, — the said sum to
be in addition to the amount allowed under said resolve.

Approved April 24, 1885.

Resolve in favor of asenath manning, CTiaV' 44

Resolved, That there be allowed and paid from the Asenath Man-
treasury of the Commonwealth to the selectmen of the
town of Goshen, an annuity of two hundred dollars for
the benefit of Asenath Manning for the rest of her natural
life, in lieu of state aid, beginning with the first day of
January in the year eighteen hundred and eighty-five,
payable in equal quarterly instalments.

Approved April 29, 1885.

ning.

Chap. 45

Resolve to provide for certain improvements in and for
the purchase of books for the state library.

Resolved, That there be allowed and paid out of the state library.
treasury of the Commonwealth the sum of fifteen hundred
dollars, for the purpose of providing new cases and addi-
tional shelving in the state library ; and the further sum
of one thousand dollars for the purchase of English law
journals and reports, the same to be expended under the
direction of the trustees and librarian.

Approved April 30, 1885.

914 1885. — Chapters 46, 47, 48, 49.

Chap. 46 Resolve providing for certain improvements at the taun-

TON LUNATIC HOSPITAL.

ho^pua". '''"''"'' Resolved, That there be allowed and paid out of the
treasury of the Commonwealth a sum not exceeding
seventy-six hundred dollars, to be expended under the
direction of the trustees and superintendent of the Taun-
ton lunatic hospital, for the following purposes: —
Twenty-five hundred dollars for building new bridge
across Mill River. Eighteen hundred dollars for build-
ing new wall between hospital ground and land of the
Old Colony railroad. One thousand dollars for improv-
ing the present water supply. One thousand dollars for
removing and rebuilding wall on line of the new street.
Eight hundred dollars for relaying and repairing floors.
Five hundred dollars for new ventilating flues.

Appioved April 30, 1885.

CllClT). 47 Resolve in favor of the soldiers' messenger corps.

Soldiers' mee- Resolvtdy That there be allowed and paid out of the
senger corps. (j.gygyj.y q^ ^}jg Commonweallh to the di^abled soldiers'
employment bureau, a sum not exceeding eight hundred
dollars, the same to be expended under the direction of
the adjutant-general. Three hundred dollars of said sura
shall be allowed for superintendence of said bureau.

Approved April 30, 1885.

ChciT). 48 Resolve in favor of james m. barker.

James M. Resolvcd, That there be allowed and paid out of the

Barker. trcasury of the Commonwealth to James M. Barker, one

of the commissioners for consolidating: and arrangins: the
General Statutes of the Commonwealth, the sum of five
hundred dollars for extra services performed in compli-
ance with the request contained in resolutions adopted by
the house of representatives in concurrence with the senate,
May thirteenth in the year eighteen hundred and eighty-
one. Approved May 7, 1885.

Chaj). 49 Resolve in favor of annie fitzgerald of north adams.

Annie Fitz- Rcsolved, That there be allowed and paid out of the

geraki. trcasury of the Commonwealth to Annie Fitzgerald of

North Adams, an annuity of one hundred dollars for the

term of three years, to be used by her in supporting James

Haggerty, the minor son of the late Patrick Haggerty who

1885. — Chapters 50, 51, 52. 915

was killed in the Hoosac Tunnel on the eleventh day of
January, eighteen hundred and eighty-five, while in the
employ of the Commonwealth, to be paid in equal quarterly
instalments ; said annuity shall cease should the said James
Haggerty die before the expiration of the time provided
in this resolve. Approved May 12, T8S5.

Resolve in favor of fanny uoss. Chan. 50

Resolved, That there be allowed and paid out of the pannyRoss.
treasury of the Commonwealth to Fanny Ross of Cam-
bridge, widow of the late Michael Ross who was a mem-
ber of company B, forty-seventh regiment of Massachusetts
volunteers, and re-enlisted in the fifty-ninth regiment and
died in camp before being mustered in on said re-enlist-
ment, an annuity of two hundred dollars for the term
of three years from the first day of January in the year
eighteen hundred and eighty-five, payable in equal quar-
terly instalments. Approved May 12, 1885.

Resolve providing for the publication by the bureau of ni^njy 5I

STATISTICS OF LABOR OF INFORMATION CONCERNING CO-OPERATIVE
distribution IN GREAT BRITAIN.

Resolved, That the chief of the bureau of statistics of co-operative
labor be and he is hereby instructed to prepare and pub- Great Britain.
lish for distribution a pamphlet descriptive of the history,
methods and present condition of co-operative distribution
in Great Britain ; and he may expend in the preparation
and publication of the same a sum not exceeding eighteen
hundred dollars. Approved May 12, 1883.

Chap. 52

Resolve to provide for the construction of a barn and for

THE purchase OF AN ENGINE AND SHAFTING FOR THE REFORMA-
TORY PRISON FOR WOMEN.

Resolved, That there be allowed and paid out of the Reformatory
treasury of the Commonwealth to be expended under the women.
direction of the commissioners of prisons, a sum not ex-
ceeding five thousand five hundred dollars, for the following
named purposes, to wit: — Three thousand five hundred
dollars tor the construction of a barn at the reformatory
prison for women, and two thousand dollars for the pur-
chase of an engine, shafting and pulleys for said prison.

Approved May 21, 1885.

William
WaftLburn.

916 1885. — Chaptees 53, 54, 55, 56.

Chap. 53 l^ESOLVE TO PROVIDE FOR THE COMPENSATION OF WILLIAM WASH-
BURN FOR CERTAIN SERVICES AS ARCHITECT ON THE STATE
HOUSE.

Resolved, That there be allowed and paid out of the
treasury of the Commonwealth to William Washburn of
Boston, the sum of one thousand and fifty dollars in full
compensation for services performed by him as an archi-
tect upon the state house. Approved May 21, 18S5.

CJinp. 54 Resolve in favor of george w. knight,

George w. liesolved, That there be allowed and paid out of the

treasury of the Commonwealth to George W. Knight of
Boston, the sum of two hundred and fifty dollars in full
compensation for oue horse accidentally and fatally injured
while in the service of the state and proceeding to the
encampment of company D, first battalion cavalry Massa-
chusetts volunteer militia, at South Framingham, on or
about the twenty-first day of July, eighteen hundred and
eighty-four. Approved May 22, 1885.

ChciV. 55 Resolve in favor of saint luke's home for convalescents.
Saint Luke's Resolved, T4]at there be allowed and paid out of the

vaiesccnts. trcasui'y of the Commonwealth to the trustees of the Saint
Luke's home for convalescents, one hundred and forty-five
dollars, sixteen cents, the same being the aggregate amount
of tax collected by the Commonwealth on certain shares
of the national city bank of Boston, owned by said home,
from and including the year eighteen hundred and seventy-
three to and including the year eighteen hundred and
eighty-three, and which said taxes would have been paid
said trustees had they called for the amount at the proper
time within the years named. Apjiroved 3 fay 22, 1885.

Chap. 56 Rksolve providing for the protection of the commonwealth

FROM ASIATIC CHOLERA.

AeS?ho?er™ Resolved, That there be allowed and paid from the
treasury of the Commonwealth a sum not exceeding fifty
thousand dollars, to be used for the purpose of protecting
the people of this Commonwealth from Asiatic cholera,
said sum, or so much of it as shall be deemed necessary
by the governor and council, to be expended under the
direction of the board of health, lunacy and charity, when-
ever the governor and council shall be satisfied that Asiatic
cholera exists within the limits of this Commonwealth.

Approved May 22, 1885.

1885. — Chapters 57, 58, 59, 60, 917

Resolve confirming the acts of geouge w. kelley as a jus- r*hf.y^ n-7

TICE OF THE PEACE. "'

Resolved, That all acts done by George W. Kelley of ^l^^'r^r^^.^y
Rockland as a justice of the peace between the twelfth Kcoieyiisjuetice

1 • 1 • 1 11 T • 1 of the peace,

day ot rvovemberin the year eighteen hundred and eighty- conflrmed.
two and the twenty-first day of March in the year eigh-
teen hundred and eighty-five, are hereby confirmed and
made valid to the same extent as thoufjli he had been
qualified during that time to discharge the duties of a jus-
tice of the peace. Approved June 5, 1885.

Resolve to provide for the construction of a storehouse, nhnry 5g

AND FOR CERTAIN REPAIRS AT THE STATE PRISON.

Resolved, That there be allowed and paid out of the storehouse and
treasury of the Commonwealth to be expended at the pruon! '^ " "* ®
state prison at Boston, under the direction of the com-
missioners of prisons, a sum not exceeding thirteen thou-
sand dollars, for the following purposes, to wit: — For
painting and repairing buildings and repairing machinery,
three thousand five hundred dollars ; for the construction
of a storehouse, three thousand five hundred dollars ; for
repairing cells, four thousand dollars ; for repairing walls,
two thousand dollars. Approved June 5, 1885.

Resolve to provide for disposing op the sewage of the niif,r^ 59

officers' houses at the MASSACHUSETTS REFORMATORY. ^

Resolved, That there be allowed and paid out of the MasBachusetts
treasury'- of the Commonwealth to be expended under the " •"■'"^''^'■y-
direction of the commissioners of prisons, the sum of two
thousand five hundred dollars, for the purpose of dispos-
ing of the sewage of the officers' houses at the Massachu-
setts reformatory. Approved June 5, 1885.

Resolves for the publication of the reports of cases of (JJian. 60

CONTESTED ELECTIONS.

Resolved, That the president of the senate and the Reports of cases
speaker of the house of representatives are authorized eimionft^fbe
and requested to appoint two suitable persons to prepare jJuXsh^ed?"'^
and puljlish an edition of the reports of such contested
elections of the legislature, from the year eighteen hun-
dred and fifty-three to the year eighteen hundred and
eighty-five inclusive, as may be of value as precedents,
with a suitable index thereto.

918

1885. — Chapter 61.

Opinions of
S. J. C. to be
included.

Distribution.

Resolved, That the persons so appointed shall include
in or append to the publication herein authorized all
opinions given by the supreme judicial court relating to
such elections.

Resolved, That the number of copies of the publication
hereby authorized shall not exceed one thousand, and shall
be distributed as follows : — One copy shall be furnished
to each public library in this Commonwealth ; one copy
to each town and city ; twenty-five copies to the state
library ; one copy to each member of the senate and
house of representatives ; and the remainder shall be dis-
tributed in such manner as the president of the senate and
the speaker of the house of representatives shall determine.

Ajoproved June 8, 1885.

CJJiap. 61 Resolve relative to certain streets in Worcester laid out

ON LAND OF THE STATE SEPARATING LAND OCCUPIED BY THE

WORCESTER LUNATIC HOSPITAL FROM LAND OCCUPIED BY THE
STATE NORMAL SCHOOL IN SAID CITY.

Allowance for
grading certain
streets in
Worcester.

Whereas, Pursuant to a resolve of the legislature,
chapter seventy-nine of the year eighteen hundred and
seventy-one and an order of the governor and council of
said year, the state normal school in the city of Worces-
ter was established and certain streets now known as
Normal Street and Eastern Avenue were laid out and in
part graded between the land occupied hy the Worcester
lunatic hospital and land occupied by said normal school ;
and whereas, it is desirable that said streets should be
finished according to the original design and plan referred
to in said order of the governor and council ; therefore

Resolved, That the sum of two thousand and two hun-
dred dollars be allowed and paid out of the treasury of
the Commonwealth to the trustees of the Worcester lunatic
hospital, to be applied by them to complete the grading
and finishing of said streets according to said design and
plan : provided, said trustees can make a satisfactory
agreement with the city of Worcester that said streets
shall be satisfactorily finished to the required width of
fifty feet and without further cost to the Commonwealth.

Approved June 8, 1885.

1885. — Chapters 62, 63, 64. 919

Chap. 62

Resolve providing for payment to the city of boston for
its support of state paupers.

Resolved^ That a sum not exceeding fourteen thousand ^'r^8up^o°f°f •
two hundred and seventy-six dollars and twenty-four cents state paupers.
be allowed and paid out of the treasury of the Common-
wealth to the city of Boston, for the payment of certain
bills for support of state paupers at the Boston city hos-
pital which have been audited and allowed by the board
of health, lunacy and charity, and are now on file in the
office of the state auditor, in sums as follows, to wit, viz. :
— The sum of sixty-five hundred and three dollars and
fifty-six cents for a period dating from December twenty-
second, eighteen hundred eighty-two, to December thirty-
first, eighteen hundred eighty-three, and a further sum of
seven thousand seven hundred and seventy-two dollars
and sixty-eight cents for certain other bills incurred in
like manner for the year ending December thirty-first,
eighteen hundred eighty-four. Approved June 11, 1885.

Resolve providing for fire escapes and improvements in nhnj) (^Q

THE HEATING APPARATUS AT THE STATE PRIMARY SCHOOL AT ^ *

MONSON.

Resolved, That there be allowed and paid out of the Fire escapes,
treasury of the Commonwealth a sum not exceeding pHmaJy"s^chooi
twenty-five hundred doHars, to be expended under the '"'*^°"®*'°-
direction of the trustees of the state primary and reform
schools, at the state primary school at Monson, to wit : —
One thousand dollars for constructing fire escapes, and
fifteen hundred dollars for a new steam boiler and repairs
on steam heating apparatus. Approved June 11, 1885.

Chap. 64

Resolve providing for the purchase of machinery and tools

FOR the MASSACHUSETTS REFORMATORY.

Resolved, That there be allowed and paid out of the Machinery and
treasury of the Commonwealth a sum not exceeding chusetts reform-
twelve thousand dollars, to be expended under the direc- "^"""y-
tion of the commissioners of prisons, for the purchase of
machinery and tools for the Massachusetts reformatory.

Approved June 11, 1885.

920

1885. — Chapters 65, 66.

Ckav. 65 Resolve providing for certain apparatus, buildings, repairs

AND furnishing AT THE MASSACHUSETTS AGRICULTURAL COLLEGE.

Massachusetts

agricultural

college.

Resolved, That there be allowed and paid out of the
treasury of the Commonwealth a sum not exceeding forty-
five thousand dollars, to be expended under the direction
of the trustees of the Massachusetts agricultural college,
for the following purposes : — Twenty thousand dollars to
rebuild the south dormitory recently destroyed by fire and
for erecting an addition thereto, or a new building, suit-
able for the purposes of instruction in agriculture, upon
such plans as may be determined by said trustees ; said
sum to be in addition to the insurance money received on
said dormitory. Two thousand five hundred dollars for
furnishing said buildings. Three thousand five hundred
dollars for heating apparatus for said buildings. Five
thousand five hundred dollars for scientific apparatus for
the purposes of instruction in said college. Six thousand
dollars for the erection of a tower on the new chapel
building. Three thousand dollars for heating apparatus
and gas fixtures for said chapel building. One thousand
dollars for furnishing said chapel, and one thousand dol-
lars additional for furnishing the library and reading room
in said chapel building. Five hundred dollars for coloring
the walls of the rooms in said chapel building. Two
thousand dollars for repairs on the old chapel building :
made'^"*^ ^° ^^ P^'ovided, that no money shall be expended under this
resolve until a contract or contracts have been made, ac-
cording to plans and specifications to be furnished by said
trustees for the completion of the work at a cost not to
exceed the sum above specified in any case.

Approved June 11, 1885.

Chap.

()6 Resolve to provide a laboratory for the Massachusetts
agricultural experiment station.

Laboratory for
agricultural
experiment
station.

Jiesolved, That there be allowed and paid out of the
treasury of the Commonwealth a sum not exceeding six
thousand dollars, for the purpose of building and properly
fitting up a laboratory at the Massachusetts agricultural
experiment station at Amherst, to be expended under the
direction of the board of control.

Approved June 11, 1885.

1885.- Chapters 67, 68, 69, 70. 921

Resolve in favor of Amelia j. gill of boston. Chan 67

Resolvedy There be allowed and paid from the treasury Amelia j. oiii.
of the Commonwealth to Amelia J. Gill of Boston, an
annuity of three hundred dollars, for the rest of her natu-
ral life, as state aid, from the first day of January, eight-
een hundred and eighty-five, payable in equal quarterly
instalments. Approved June 11, 1885.

Resolve providing for printing the report of the board of QJiq'T)^ QQ
control of the massachusetts agricultural experiment

STATION.

Resolved, That there be printed eight thousand copies Report of board

I c •■ of control of In©

of the annual report of the board of control of the Massa- agricultural
chusetts agricultural experiment station, for the year suufon™*^"
eighteen hundred and eighty-four, five hundred copies to
be furnished to the secretary of the Commonwealth to be
distributed one to each city, town and incorporated library
in the Commonwealth, six thousand copies for the use of
said board of control, and the remainder for the use of
the legislature. Approved June 15, 1885.

Resolve authorizing the railroad commissioners to make (jJidp, 69

INQUIRIES concerning THE PASSENGER AND 'FREIGHT CHARGES
OF THE HUDSON RIVER BRIDGE COMPANY AT ALBANY.

Whereas, The traffic between this Commonwealth and ^tllionerrto'
the West is said to be uniustly taxed and discriminated report concejn.

T-»' •! All ing charges for

asfamst by the Hudson Kiver bridge company at Albany, freight, etc., by

,P I. "^ ° 1 ^ J ■> Hudson River

thereiore ; — Bridge co.

Resolved, That the railroad commissioners are hereby
authorized and requested to inquire and ascertain as far
as possible, and report to the next general court, what
charges are made by said Hudson River bridge company
at Albany for transporting freight and passengers over its
bridge at Albany and whether any discrimination is prac-
tised in such transportation. Approved June 18, 1885.

Resolve providing for the construction of elevators in the (Jhaj)' 70

STATE HOUSE.

Resolved, That there be allowed and paid out of the Elevators in the
treasury of the Commonwealth a sum not exceeding thir-
teen thousand dollars, the same to be expended under the
direction of the commissioners on state house, for the
construction of two passenger elevators in the state house.

Approved June 18, 1885.

922 1885. — Chapters 71, 72, 73.

GhCin. 71 K^ESOLVE TO PROVIDE FOR THE PURCHASE OF TWO BOILERS AND
THE CONSTRUCTION OF A BOILER HOUSE AT THE STATE PRISON.

Boiler house, Eesolvecl, That there be allowed and paid out of the

etc., at state /» i /^ i i t • i

prison. treasury ot the Commonwealth a sum not exceeding eight

thousand dollars, to be expended under the direction of
the commissioners of prisons, for the purchase of two new
boilers and the construction of a boiler house at the state
prison. Approved June 18, 1885.

ChaV. 72 I^ESOLVE AUTHORIZING EXPENDITURES FOR THE MAINTENANCE OF
CERTAIN SUITS IN WHICH THE COMMONWEALTH IS A PARTY
INTERESTED AGAINST THE BOSTON AND ALBANY RAILROAD COM-
PANY AND OTHEKS.

Maintenance of Resolved, That the attomey-fireneral be authorized,

certain suits in ' i/>i ^ •^ i

which the Cora- With thc appi'oval or the governor and council, to expend

monwealth is.^ iT • \ ^ ,\ iii

interested. 11 ucccssary a sum not exceeding eighteen thousand dol-
lars to carry out the provisions of chapter sixty-one of
the resolves of the year eighteen hundred and eighty-
four, being a Resolve concerning the distribution by the
Boston and Albany railroad company among its stock-
holders, of certain of the shares of its stock received
from the Commonwealth. Ap^yroved June 19, 1885.

(JJldp, 73 Resolves authorizing the appointment of a commission for

THE PURPOSE OF ASCERTAINING AND ESTABLISHING THE TRUE
jurisdictional BOUNDARY LINE BETWEEN THIS STATE AND NEW
HAMPSHIRE.

Boundary line Resolved, That the governor with the advice and con-
between Massa- pi mi ii i- ^ • -i

chusettsand scnt ot the couiicil 06 and hereby is authorized and
shi^. ^™^' requested to appoint three commissioners on the part of
this state, whenever a like commission shall be authorized
by the state of New Hampshire, for the purpose of ascer-
taining and establishing the true jurisdictional boundary
Commissioners line betwceii the two states. Said commissioners to serve
pay. without pay, but all their necessary expenses shall be

approved by the governor and council and paid out of the
treasury in the same manner as provided for the topo-
graphical commission.
Repeal. Resolved, That all previous legislation inconsistent

herewith be and hereby is repealed.
foTesenuo'"'^* R^solved, That his excellency the governor be re-
g)vernorofNew qucstcd to transmit a copy of these resolves to his excel-
lency the governor of the state of New Hampshire.

Approved Jane 19, 1885.

1885. — Chapters 74, 75, 76, 77. 923

Resolve providing accommodations for various new commis- (Jfian. 74

6IONS AND additional ROOMS FOR OTHER DEPARTMENTS.

Resolved, That in order to provide accommodations for Accomodationa
various new commissions established by the present legis- fCr vario'ns'new
lature, and to give additional room to departments in the '=°™'"'*^'o°*'
state house needing the same, the commissioners on state
house are directed to procure suitable rooms outside of
the state house and Commonwealth building for the use
of the gas commissioners, commissioners on pharmacy,
and the board of health, lunacy and charity, at an annual
rental not exceeding three thousand five hundred dollars.
The rooms now occupied by the department of health are
hereby assigned to the use of the commissioners of
prisons, and such portion of the rooms now occupied by
the inspector of charities as may be necessary shall be
assigned for the use of the surgeon-general.

Approved June 19, 1885.

Resolve confirming the acts of Stephen f. ketes as a jus- ni^nrn 75

TICE OF THE PEACE. "'

Resolved, That all acts done by Stephen F. Keyes as a Acts done by
justice of the peace within and for the county of Sufiblk, Keyes^as justice
between the seventeenth day of April and the fifth day of conarmid?'
June in the year eighteen hundred and eighty-five, are
hereby confirmed and made valid to the same extent as
though he had been during that time qualified to discharge
the duties of said office. Approved June 19, 1885.

Resolve in favor of the town of cottage city. Chcip. 76

Resolved, That there be allowed and paid out of the Town of Cottage
treasury of the Commonwealth the sum of four hundred ^''^'
and eighty-two and three hundredths dollars, to the town
of Cottage City, in full settlement of amounts expended
by said town in the support of one Eunice Kocker and
her fiimily, state paupers, from about the seventeenth of
February, eighteen hundred and eighty up to the eighth
of February, eighteen hundred and eighty-three.

Approved June 19, 1885.

Resolve in favor of charles and nancy Mclaughlin. QJiaV' 77

Resolved, That Charles McLaughlin and Nancy charieeand
McLaughlin, fiither and mother of Daniel McLaughlin ScLaughun.
who served in the United States navy during the war of
the rebellion, to the credit of Massachusetts, and who

924 1885. — Chaptees 78, 79, 80.

died in eighteen hundred and sixty-eight, of disease
incurred in said service, shall, from and after June first,
eighteen hundred and eighty-five, be eligible to receive
state aid, under the provisions, rules and limitations of
chapter thirty of the Public Statutes, in the same manner
and to the same extent they would have been had they
drawn aid previous to April eleventh, eighteen hundred
and sixty-seven. Approved June 19, 1885.

C^hnn 78 J^^solve in favor of the widow of the late thomas plunkett.
Widow of Resolved, That there be allowed and paid out of the

pi^u°nkett. treasury of the Commonwealth to the widow of the late

Thomas Plunkett, the same sum as the said Plunkett
would have received as compensation had he lived to per-
form service as a messenger of the house of representa-
tives durins: the entire session.

Approved June 19, 1885.

Chap. 79

Resolve in favok of the widow of the late james f. daven-
port.

Widow of Resolved, That there be allowed and paid out of the

Davlnp^'rt. trcasury of the Commonwealth to the Avidow of the late
James F. Davenport, a member elect from the ninth
Bristol district, the sum of six hundred and sixty-one dol-
lars, being the amount of compensation and mileage he
would have been entitled to had he served as a member
to the end of the present session.

Approved June 19, 1885.

ChcLP* 80 Resolve providing for repairs and improvements upon the

STATE HOUSE.

Repairs and Resolved, That there be allowed and paid out of the

state house. trcasury of the Commonwealth a sura not exceeding fifty-
five hundred dollars, for certain repairs and improvements
in the state house as set forth in the annexed schedule ;
said sum to be expended under the direction of the com-
missioners on the state house. Any work involving an
estimated expenditure in excess of three hundred dollars
shall be open to competitive bids. Schedule of repairs,
etc. : — Gutters, conductors and roofs, three hundred dol-
lars ; repairing, plastering, whitening and painting com-
mittee rooms, eight hundred dollars ; repairing, plaster-
ing, whitening and painting rooms of inspector of chari-
ties, one hundred fifty dollars ; repairing, plastering and

1885. — Chapter 81. 925

whitening halls, and sheathing under stairs, one hundred
fifty dollars ; fitting up sergeant-at-arms rooms, two hun-
dred dollars ; resetting tiles, fifty dollars ; painting halls,
one hundred seventy-five dollars ; cementing stone in
front of state house, ninety-five dollars ; setting stone in
rear of state house and painting iron work to same, one
hundred eighty-seven dollars ; cases in auditor's depart-
ment, two hundred thirty-seven dollars; repairing steam
heating apparatus, twelve hundred dollars ; steps to gal-
lery in treasurer's department, one hundred fifty dollars ;
painting and whitening rooms in basement, two hundred
seventy-five dollars; alterations, repairs and furniture in
rooms for prison commission, three hundred forty-five
dollars ; furniture for two new commissions, seven hun-
dred dollars ; total, five thousand fourteen dollars ; add
about ten per centum, four hundred eighty-six dollars;
total amount, fifty-five hundred dollars.

Approved June 19^ 1885.

Resolve providing for certain repairs at the state prison fif^f.^ Ql

AT CHARLESTOWN. "'

Resolved, That there be allowed and paid out of the Repairs at state
treasury of the Commonwealth a sum not exceeding p"^^"-
twenty thousand dollars, to be expended by the commis-
sioners of prisons under the direction of the governor and
council, for the purpose of making certain necessary re-
pairs at the state prison at Charlestown.

Approved June 19, 1885.

926 Amendments to the Constitution.

PEOPOSED AMENDMENTS TO THE
CONSTITUTION.

Amendments to The followinoT proposed Articles of Amendment to the

the constitutiou, or i

proposed. Constitution of this Commonwealth have been officially

certified and deposited in the Secretary's Department, as
required by chapter 2, section 32, of the Public Statutes,
and if agreed to by the General Court next to be chosen,
in the manner provided by the Constitution, must be sub-
mitted to the people for their ratification or rejection : —

Resolve to amend the constitution so as to provide for

BIENNIAL ELECTIONS.

To provide for Hesolvfcl, By both Houscs, That it is expedient to alter
uons!'*'^'^" the Constitution of this Commonwealth by the adoption of
the subjoined article of amendment ; and that the said
article, being agreed to by a majority of the Senators and
two-thirds of the members of the House of Representa-
tives present and voting thereon, be entered on the jour-
nals of both Houses, with the yeas and nays taken thereon,
and referred to the General Court next to be chosen ; and
that the said article be published, to the end that if agreed
to in the manner provided by the Constitution, by the
General Court next to be chosen, it may be submitted to
the people for their approval and ratification, in order that
it may become a part of the Constitution of the Common-
wealth.

AiJTiCLE OF Amendment.

Senators and representatives shall hold their respective
offices for terms of two years, beginning with the first
Wednesday in the January succeeding their election, and
continuing until the day appointed for the assembling of
the next succeeding general court.

Amendments to the Constitution. 927

The governor, lieutenant-governor, and councillors shall
hold their respective offices for two years next following
the first Wednesday in the January succeeding their elec-
tion, and until others are chosen and qualified in their stead.

The secretary, treasurer and receiver general, auditor,
and attorney-general shall hold their respective offices for
two years, beginning with the third Wednesday in the
January succeeding their election, and until others are
chosen and qualified in their stead.

A person shall be eligible as treasurer and receiver-
general for three successive terms, and no more.

The first election to which this article shall apply shall
be that held on the Tuesday next after the first Monday
in November in the year eighteen hundred and eighty-six,
and thereafter elections for the choice of all the officers
before mentioned shall be held biennially on the Tuesday
next after the first Monday in November.

All the provisions of the existing constitution inconsis-
tent with the provisions herein contained are hereby
annulled.

Senate, February 10, 1885.

The foregoing Article of Amendment is agreed to, a
majority of the Senators present and voting thereon hav-
ing voted in the affirmative ; and the same is referred to
the General Court next to be chosen.

A. E. PiLLSBURY, President.

House of Representatives, February 24, 1885.
The foregoing Article of Amendment is agreed to, two-
thirds of the members of the House of Representatives
present and voting thereon having voted in the affirma-
tive ; and the same is referred in concurrence to the
General Court next to be chosen.

J. Q. A. Brackett, Speaker.

Resolve to amend the constitution so as to provide fok

BIENNIAL sessions OF THE GENERAL COURT

Resolved, By both Houses, That it is expedient to alter to provide for
the Constitution of this Commonwealth by the adoption of ofX^^nerlf''
the subjoined article of amendment ; and that the said °°""-
article, being agreed to by a majority of the Senators and
two-thirds of the members of the House of Representa-
tives present and voting thereon, be entered on the jour-
nals of both Houses, with the yeas and nays taken thereon,

928 Amendments to the Constitution.

and referred to the General Court next to be chosen ; and
that the said article be published, to the end that if agreed
to in the manner provided by the Constitution, by the
General Court next to be chosen, it may be submitted to
the people for their approval and ratification, in order that
it may become a part of the Constitution of the Common-
w^ealth.

Article of Amendment.
Biennial The oreneral court chosen on the Tuesday next after the

sessions of the /.-■». i • xt i • ^i • i ^ i i i

general court, hrst Mouday m JNovember in the year eighteen hundred
and eighty-six, shall assemble on the first Wednesday in
January in the year eighteen hundred and eighty-seven,
and thereafter the general court shall assemble biennially
on the first Wednesday in January ; and each general
court shall, without any proclamation or other act of the
governor, be dissolved on the day next preceding the day
so appointed for the assembling of the next succeeding
general court, but nothing herein contained shall prevent
the general court from assembling at such other times as
it shall adjudge necessary, or at any times when it shall
be called together by the governor.

All the provisions of the existing constitution inconsis-
tent with the provisions herein contained are hereby
annulled.

Senate, February 26, 1885.

The foregoing Article of Amendment is agreed to, a
majority of the Senators present and voting thereon hav-
ing voted in the afiirmative ; and the same is referred to
the General Court next to be chosen.

A. E. PiLLSBURY, President.

House or Representatives, March 12, 1885.
The foregoing Article of Amendment is agreed to, two-
thirds of the members of the House of Representatives
present and voting thereon having voted in the affirma-
tive ; and the same is referred in concurrence to the
General Court next to be chosen.

J. Q. A. Brackett, Speaker.

Resolutions. 929

RESOLUTIONS.

Resolutions tendering the sympathy of the legislature to
general grant.

Whereas, The legislature of Massachusetts have heard fe^^^fafu'/e"^'''^
with sorrow of the severe illness of Ulysses S. Grant, the tendered to
foremost citizen of the Republic, and desire to express
their appreciation of his high character and inestimable
services ; therefore.

Resolved, That they hereby tender to him their sincere
sympathy, and their hope for his speedy restoration to
health.

Resolved, That the clerks of the two branches forward
a certified copy of the above preamble and resolution.

In House of liepresentaMves, adopted March 30, 1885.
In Senate, adopted in concurrence, March. 31, 1885.

Resolutions in honor of the late sergeant thomas
plunkett.

Resolved, That Massachusetts cherishes with grateful ["te^ge^ge'LVt'^
and tender respect the memory and services of the late Thomas

• Plunkett.

Sergeant Thomas Plunkett, for many years an officer of
the House of Representatives ; that it shares to the fullest
measure the admiration that belongs to the o-allant deed
which has enrolled him forever in the world's list of brave
men as " the armless hero of Fredericksburg."

Resolved, That we honor the manliness and courage
with which, through many years of usefulness, he con-
quered the burden and sorrows of his great sacrifice for
his country and her flag.

930 Kesolutions.

Resolved^ That there be entered on the records of the
two branches of the legislature this testimony to the
fidelity, intelligence and industry that made him eminently
useful on whatever rolls his name was borne.

In House of Representatives, adopted March 18, 1885.
In Senate, adopted March 19, 1885.

The General Court of 1885, during its annual session, passed three
hundred and eighty -eight Acts and eighty-one Resolves, which, with
one exception received the approval of the Governor ; an act entitled
" An Act authorizing cities and towns to establish water rates, and
to sell water for manufacturing purposes at reduced rates," laid
before the Governor, on the 19th of June, was not approved by him,
and did not acquire force of law, as the legislature adjoui-ned within
five days thereafter

The General Court was prorogued on Fi'iday, June 19, the session
having occupied one hundred and sixty-four days.

Governok's Addkess. 931

I^AUGUEAL ADDRESS

HIS EXCELLENCY GEOEGE D. BOBINSON.

At half-past twelve o'clock on Thursday, the eighth day
of January, His Excellency the Governor, accompanied
by His Honor the Lieutenant-Governor, the members of
the Executive Council, and officers of the civil and mili-
tary departments of the government, attended by a joint
committee of the two Houses, met the Senate and House
of Representatives in Convention, and delivered the fol-
lowing

ADDRESS.

Gentlemen of the Senate

and of the House of Representatives.

In addressing you upon the important concerns of the
Commonwealth, I desire to say at the outset that it seems
unnecessary to repeat generally the facts and suggestions
made by the various public officers in their annual reports
upon the conditions and wants of the departments and in-
stitutions under their charge, or to comment at length
upon their ordinary management. It affords me much
pleasure to testify to the ability, fidelity and integrity
with which the affairs of the State have been conducted
by those charged with these great trusts. The public in-
stitutions have become so numerous, and the responsibili-

932 Governor's Address.

ties and siij^ervision have been so apportioned to the vari-
ous officials, that specific mention of the details of admin-
istration by individual officers becomes impracticable. I
refer you to the documents that will be officially trans-
mitted.

FINANCIAL STATEMENT.

Funded debt, Jan. 1, 1884, $31,436,680 90

1885, 31,432,680 90

Decrease, . . $i,000 00

Amount of sinking funds, Jan. 1, 1884, . . . f 16,836,672 06

1885, . . . 17,731,724 94

Actual increase, allowing for payment of loans

(14,000), ........ $899,052 88

Actual expenses, 1883 $4,777,565 88

" " so far as ascertained, 1884, . . 4,691,744 44

ESTIMATES FOR 1885.

Payments for all purposes, $4,992,365 00

Receipts, in addition to cash on hand, but not includ-
ing direct tax, 4,500,664 89

Deficit, $491,700 11

A State tax of $1,500,000 will cover this deficiency and
leave upwards of a million dollars in the treasury. No
larger sum need be raised unless your legislation shall
necessitate increased appropriations, or offer other objects
for expenditure.

TROY AND GREENFIELD RAILROAD AND HOOSAC TUNNEL.

The legislature of 1883 by Resolve, chapter 48, author-
ized and requested the Governor, with the consent of the
Council, " to conclude a contract between the corporation
established as the Troy and Greenfield Railroad Company,
by which the entire right and interest which said corpora-
tion may have or claim in or to the property known as
the Troy and Greenfield Railroad and Hoosac Tunnel, in-
cluding the Southern Vermont Railroad, and the fran-
chises to operate such property, shall be released to the
Commonwealth, either for such a sum of money as may
seem reasonable to the Governor and Council, or in

Goveknoe's Addeess. 933

exchange for the obligation and undertaking of the Com-
monwealth to pay over and transfer to said corporation a
proportionate part of the proceeds thereafter r^'ceived
from the sale, transfer, or use of said tunnel and railroad
properties and franchises if it can be done upon reasonable
terms, to the satisfaction of the Governor and Council."
For concluding any contract so authorized, any sura of
money remaining in the treasury and not otherwise appro-
priated was set apart for use under the direction of the
Governor and Council. No further action upon this mat-
ter was taken during the year 1883. This fact was re-
ported early in 1884 to the General Court in answer to a
resolution of inquiry, and as no revocation of the authority
followed, the Governor and Council regarded it their duty
to proceed at once to effect a just and reasonable settle-
ment of this long-standing claim. Negotiations were
opened with the officers of the corporation. It was at
once apparent to the Governor and Council that no satis-
factory solution could be had in any arrangement dependent
for its realization of results to either party upon a contract
hereafter to be made in the sale, transfer, or use of this
important and valuable property. An adjustment was
therefore effected upon a basis of a money payment in
consideration of a release to the Commonwealth of all the
outstanding adverse interests held by the company, and
the establishment of a full title in the Commonwealth to
all the said tunnel and railroad properties and franchises,
subject to an incumbrance in the form of a judgment, on
which execution had been levied. Three hundred thou-
sand dollars was agreed upon in full payment for such
release and transfer, of which sum one hundred thousand
dollars was paid to the corporation as consideration for its
deed of conveyance and release, and eight dollars for each
and every share of the capital stock of the said corpora-
tion assigned to, or for the benefit of, the Commonwealth.
The object arrived at was to bring together all legal and
equitable interests in this property and secure them in the
ownership of the State. It is believed that not only in
the method taken to accomplish the desired result, but in
the amount paid for the purchase, the Commonwealth se-
cured a most favorable settlement. The whole number of
shares of stock issued was 25,000, of which 21,066 have
already been paid for and assigned. The outstanding
shares number 3,934, of which 600 stand in the name of

934 Governok's Address.

the town of Adams, and 330 in the name of Williamstown.
It is altogether probable that these towns will take early
action, giving their respective officers the power to make
assiofnraent of their shares. Other transfers will undoubt-
edly be made from time to time. The financial statement
of this transaction so far completed, is as follows : —

Paid Troy and Greenfield Railroad Company, . . $100,000 00

" for 21,006 shares of stock, 168,528 00

Discliarge of judgment lien above referred to, . . 5,724 69

Expense of search of records, I'egistiy fees, etc., etc., . 176 02

$274,428 71

The State is now no longer a mere mortgagee of this
important property, snbject to, and embarrassed by, claims
to the right of redemption or for equitable relief, but the
absolute owner, competent to deal as it will, and free from
entansleraents and obstacles which have heretofore made
it impossible to legislate upon the subject for the best
financial and business interests of the State and the people
at large.

From the manager I have received the following state-
ment of the business of the road during the year ending
Sept. 30, 1884; —

Receipts from gross earnings as per contract, . . $281,414 13
Receipts from other sources, ...... 34,961 25

Total, $316,375 38

Expenses of operation of the road,'. . $192,430 61
Expense of performing service for other

roads repaid to the State, . . . 26,595 51

219,026 12

Net earnings, $97,349 26

Paid to operating companies on account of business of

1882, $26,245 34

Claims for allowances to operating roads on account of
business in 1883 are still pending on appeal from the
award of the railroad commissioners. The net income to
the State for the business of 1884 is less by several
thousand dollars than that of 1883, due in part to the
increased expense of operating a double-track road and
in part to the reduced rates for freight transportation.
The manager has expended for the second track and for
the bridges $173,248.29, and reports the same finished,

Governor's Address. 935

except Bardwell's bridge, a length of about 800 feet.
There is sufficient money unexpended out of the appro-
priations to complete the work, and by February next it
is anticipated the whole line will be in use. It is an
encouraging announcement that no appropriation will be
required during the current year.

NEW YOKK AND NEW ENGLAND RAILROAD.

During the year 1884, the management of this road
passed under the direction of court into the hands of a
receiver, and such control still continues. Under the
legislative resolve, the Treasurer of the Commonwealth,
with the approval of the Governor and Council, has pro-
tected the interests of the State in the bonds of the
company by taking such conservative action as seemed to
be required to that end, without unnecessarily embarrass-
ing the management and development of the line.

First mortgage bonds to the amount of $10,000,000
are outstanding. Second mortgage bonds to the amount
of $2,833,000 have been issued, of which the Common-
wealth owns $1 ,737,000. Coupons for interest have been
paid to the State to February last. The August coupons
are unpaid, but no proceedings to enforce payment by
foreclosure can be taken until the default has continued
six months. The Treasurer and Auditor, acting as com-
missioners of the sinking fund, have consented, on con-
sideration of a like agreement by the other second mort-
gage bondholders, to accept for the August interest addi-
tional second mortgao^e bonds. I believe this action will
be generally commended in view of the present condition
of business and the financial interests of the Common-
wealth.

SAVINGS BANKS.

The conservative course which has, in general, marked
the management of the savings banks in the State since
the passage in 1876 of the general act in relation to these
corporations, has placed them in good condition to pro-
tect and maintain the interests of their depositors during
the present industrial and financial depression. No legis-
lation concerning them appears to be required.

The Commissioners submit the following statement to
October 31, 1884: —

936 Governor's Address.

Number of banks, 168

Number of depositors, 826,008

Total of deposits, $262,720,146 97

Increase in number of depositors during the year, . 19,998

Increase in total of deposits during the year, . . $10,112,553 95

When it is observed, on inspection of these and other
details, that in ppite of hard times that affect most
seriously the people of scanty income, constituting the
great body of depositors, in one year the number of
depositors has increased nearly twenty thousand, the
deposits have advanced more than ten million dollars, and
the earnings and dividends considerably exceed those of
the year preceding, no better proof is needed of the effi-
ciency and security, of the system and of the general
maintenance of industry, thrift and economy.

BIENNIAL ELECTIONS AND SESSIONS.

Had the House of Representatives in the last General
Court expressed its judgment upon this subject by a two-
thirds vote in favor of the proposition to amend the
constitution, submitted by the legislature of 1883, the
question would already have been passed upon by the peo-
ple and an authoritative decision obtained. There can be
no doubt that the discussion for and against the wisdom
and policy of a change in this regard will continue until
it is presented for popular determination. I take the
liberty to renew my recommendation for favorable action,
believing that the system, which is in so general operation
in all the other States save one, will be safe and satisfac-
tory in our own Commonwealth and be approved by the
people. So far as I have been able to measure the pre-
vailing sentiment, irrespective of party connections, it
strongly favors this reform and awaits only the oppor-
tunity to express itself.

ELECTIONS.

By a decided majority your immediate predecessors
adopted statutes prescribing the methods of determining
the qualification for the right of suffrage, and of con-
ducting elections of officers. It is but justice to recognize
the earnestness and integrity with which members, irre-
spective of party allegiance, supported these measures in
the interests of purity, honesty and correctness in the
exercise of the elective franchise, and it is not too much

Govekn^ok's Address. 937

to assert that the people will condemn any attempt to
destroy the safeguards that have been established. No
subservience to a partisan demand to nullify the regula-
tions that are essential to the reception and record of the
popular voice in matters of such transcendent importance,
can be justified. The Secretary of the Commonwealth, in
response to inquiries made of city, town and precinct
officers, has received from all parts of the State abundant
testimony to the substantial wisdom and efficiency of these
laws. I commend to your careful discretion the clear
necessity of maintaining the force of these provisions,
and of permitting amendments thereto only so far as shall
be required to perfect the system. Doubt has been ex-
pressed whether the act concerning elections and voting
therein applies to the election of town officers. It is
expedient to remove any real ambiguity or uncertainty in
this regard, in season for the approaching annual meet-
ings. No man who properly estimates the right of
suffrage, will object to such conditions and restrictions as
secure his own privileges and protect him against the
fraud, which, if successful, will neutralize his lawful vote.
All necessary delay in obtaining the fair results ot an
election will be patiently borne when it is considered that
honesty and accuracy are of prime importance. Recent
occurrences in this and other States demonstrate nothing
more clearly than the demand for strict fairness at the
ballot-box and complete obedience to the will of the
people thus expressed.

MILITARY DEPARTMENT.

Under existing laws the authorized force of organized
militia is 336 officers and 4,486 enlisted men, an increase
under the provisions of chapter 230, Acts of 1884, over
last year, of two officers and fifty men ; but the real
strength at the present time is 306 officers and 3,881 en-
listed men. The inspector-general reports that the aver-
age attendance, exclusive of the bands, for the year just
closed, shows an increase over 1883 of 326 at the annual
drill, and 416 at the encampments, showing a most grati-
fying gain in effectiveness. Notwithstanding the pay and
transportation accounts are thereby necessarily greater,
the department has not expended to the limit of the
appropriations made in its support; and I take much

938 Governor's Address.

pleasure in saying that the Commonwealth has at com-
mand a strong, well-disciplined and efficient military
force, ready for service at a moment's call, managed with
directness and vigor, and without extravagance of outlay.
Under the new system of armory inspections a rigid ex-
amination into all details has been made at every armory
in the State by officers in the inspector-general's depart-
ment, and marked improvement is shown in the conduct
of officers and men, in the discipline and drill of the dif-
ferent commands and in the care of armories and of the
property belonging to the State. My own observation at
the encampments and at other points where the militia
were on duty, confirms the favorable reports made by
Adjutant-General Samuel Dal ton, and by Colonel A. C.
M. Pennington, of the United States 4th Artillery, who
was specially detailed to inspect the Massachusetts camps,
and to report to the Adjutant-General of the United
States. It will materially strengthen the military estab-
lishment if the people generally will encourage in every
practicable way the men who give their time to this most
important public duty, and if employers in particular will
grant, from time to time, the necessary leave of absence
from their service to those who enlist in the soldiery of
our Commonwealth. The need of new clothing for the
militia is plainly stated by the Adjutant-General in his
report, with his estimate of the probable expense neces-
sary therefor, and I invite your attention to the matter
with a view to such action as shall be deemed advisable.
I^umerous applications have been made to me under
section 127 of chapter 14, Public Statutes, and section 15
of chapter 230 of the Acts of 1884, to permit certain
associations in addition to the organized militia to parade
with arms in public at their pleasure, but I have uni-
formly declined to grant the same, except on occasions
connected with the celebration of some public event or
important anniversary. The State expends annually a
considerable sum for the support of the militia, and relies
confidently upon the loyalty and devotion of active young
men to fill up the ranks and bear the burdens and respon-
sibilities of military life in the interests of public protec-
tion. If the desire for martial display and experience is
to be gratified by membership in independent associations
that recognize no special obligation to the Commonwealth,
and are not subject to, the orders of her military authori-

Goveknor's Address. 939

ties, a serious impairment of the enthusiasm and vigor in
our militia force may be expected, and it will become
well-nigh impossible to secure additional enlistments suffi-
cient to reach the maximum number now authorized.

It has been the uniform practice for many years to
allow to cities and towns, under the provisions of chapter
14, sections 92 to 99, Public Statutes, a sum deemed rea-
sonable compensation for the occupation of armories and
headquarters provided as required in said sections, irre-
spective of the question whether the city or town owned
or hired the building in which the armory or headquarters
was located. My own view is, that there is no authority
for such allowance to a city or town owning the armory
or headquarters, and the Attorney-General has rendered
me an opinion to the same effect. Claims for armory
rents for the last year to the amount of $11,540.97, on
which according to the usual scale of allowance, $7,700
would be paid, have been disallowed for this reason, and
it is for you to say whether special relief shall be granted
in these cases and the law changed to establish a different
rule for the future.

The Governor may lend temporarily tents or camp ma-
terials to certain schools, academies and other educational
institutions under such restrictions as he deems proper,
security being given for the safe keeping and return of
the property. And the Quartermaster-General, under
the direction of the Commander-in-Chief, may lend mili-
tary camp equipage to posts of the Grand Army of the
Republic, in certain cases, and upon a bond for its return.
There is no statute authority in general for loaning ord-
nance, small arms, or other equipments, but special acts
to that effect have been passed, from time to time, in be-
half of cities, towns, schools and institutions. An inves-
tigation was made by the Adjutant-General under my
direction, to ascertain the condition and location of such
property, and it was found that in many cases it was lost,
in whole or in part ; in others it was practically aban-
doned without custody or care ; and in still others the
recipients could give no account of it or admit its recep-
tion until it was proved by the written acknowledgment
therefor. Much of this material has been called in and
sold as condemned property. I venture to suggest the
general inexpediency of making these loans, and to say
that upon the outbreak of some serious popular excite-

940 Governor's Address.

ment or disorder, effective weapons might thereby be
found within easy reach by dangerous persons, and turned
against the property and lives of the orderly and law-
abiding members of the community.

The State arsenal property at Cambridge, not having
been in use for military purposes since the establishment
was made at Framingham, w^as sold at auction last June,
under the authority given the Governor and Council in
1881, for $35,000, and the proceeds were turned into the
treasury.

I commend to your consideration the SurgeourGeneral's
report, in which is embraced his statement of the need of
organizing an ambulance corps in connection with our
militia force.

LIQUOR LAWS.

The increased vote in favor of licenses for the sale of
intoxicating liquors in cities and towns affords no justifi-
cation for an aro^ument against a vigorous and efficient
enforcement of the laws. The provisions of the statutes
should be maintained, and such additional legislation be
enacted as shall be reasonably demanded to overcome the
defiance of the law breaker and to punish his crime.
Complaints have reached me from various sources that the
will of the people is often thwarted by the want of strict
regulations to secure a fair vote, and a correct return in
the decision of the question of license in cities and towns,
and this is a matter of so grave importance that I suggest
the expediency of extending some of the more efficient
provisions of the election laws to the methods of taking
the vote on this subject.

DISTRICT POLICE.

The number of ofiicers on this force is limited by stat-
ute to sixteen. I approve of the recommendation of the
chief that the force be increased. Year by year since
1879, when the appointment of such ofiicers was author-
ized, the legislature has imposed upon them important
duties. In addition to the exercise of the ordinary pow-
ers and duties of constables (except the service of civil
process), policemen and watchmen, these officers are
called on to act as detectives ; to assist the district at-
torneys in the prosecution of criminal business ; to attend

Goveknor's Address. 941

to the enforcement of the laws relating to the hours of
labor, the schooling of children, the employment of women
and minors in manufacturing, mechanical and mercantile
establishments ; to inspect factories, workshops, public
buildings, elevators, tenement and lodging houses ; and
to require safety appliances and other proper provisions
for protection in case of fire in hotels and public build-
ings and other structures where large numbers dwell or
assemble. Investigations are also made by these officers,
at the instance of the Executive and of "the commissioners
and trustees of the various institutions, to aid in the ad-
ministration of public affiiirs, touching many of the most
important interests. Their aid" in these matters is quite
indispensable. A moment's consideration of these great
responsibilities will suffice to shovv that sixteen men, how-
ever efficient and vigilant, are unequal to the demands
thus made upon them, and that the public cannot have
that security throughout the State which the laws profess
to give. I feel as strongly as possible the necessity of
avoiding any unwarranted increase in the public expendi-
tures, but neglect of so important concerns may lead to
irreparable loss. A single disaster, involving the de-
struction of many lives, which might have been saved by
a proper inspection, would not fail to bring sharp con-
demnation of a policy that set off against the protection
of the public the saving of a few hundred dollars a year.

PUBLIC SCHOOLS.

Massachusetts has alvvays been deeply interested in
popular education, and never more so than at the present
time. This interest is manifested by the amount of money
voluntarily raised for the support of schools, by the length
of time the schools are maintained and by the attendance
of children upon them.

The entire amount .raised last year for all school pur-
poses was $6,502,359.24, providing an allowance of $19.34
for each child between five and fifteen years of age. Of
school age there are 336,195 persons, showing an increase
for the year of 6,736. Of all ages there were 342,012
pupils in the public schools, and schools were maintained
an average of nine months' time in all the cities and
towns, and showed ninety per cent, of attendance based
on the average membership. Thirty-eight cities and
towns have sustained 125 evening schools, affording in-
struction to 13,251 pupils.

942 Governor's Address.

Satisfactory results are already shown in the operation
of the free text book law, which went into effect in August
last. Among other advantages, the new system reduces
in a large amount the expense of providing school books
and school supplies formerly paid by individuals, enables
the teachers to effect prompt organization of their schools
and a better classification of the pupils at the beginning
of the terms, increases the attendance, removes mortify-
ing distinctions possible under the old system and makes
the public schools of the Commonwealth literally free
schools, offering equal opportunity to all children alike.

The Commonwealth, having made most liberal and
efficient provision for the education of the young, should
adopt and enforce every practicable measure to realize the
invaluable benefits of the common school system. By it
the well-being of the people is conserved in the highest
degree ; the safety of the State demands it. It is well
for you to consider whether it is not possible to make the
laws concerning truancy more directly and vigorously
applicable to the varied conditions in the towns and
cities. The truant is in danger of entering upon a life
of peril to himself and everybody else. The hardened
criminal, incarcerated in a penal institution, has in too
many instances grown up from the runaway boy, that
successfully defied parents, school authorities, and avoided
the instruction and discipline essential to orderly and in-
telligent manhood. The laws prescribing duties of towns
and cities in regard to truant children and absentees from
school are embraced in sections 10 to 17 inclusive of chap-
ter 48 of the Public Statutes, and compliance therewith
is sought to be secured by making the loss of a share of
the income of the school fund the penalty for non-observ-
ance. It is not to be expected that all or even many of
the towns will require a separate school for truants ; the
provision for one in each county is sufficient for all im-
mediate and prospective wants.

Such institutions may be established at no inordinate
expense; and when prudently managed, not as prisons,
but more on the family and industrial plan (of which
there are already examples in the State), they will over-
come the prevailing prejudice and correct serious evils.

Intelligent and thorough supervision contributes much
to the excellence of the public schools. The advanced
condition of the schools in the cities and large towns

Governor's Address. 943

affords the best proof of this fact. Smaller towns may
have the benefit of this important agency by union in
districts, and by supporting together a district superin-
tendent. In several instances of trial of this method most
successful results have been accomplished, and the need
of its wider application has been abundantly demon-
strated. Any practicable measure looking to and en-
couraging the adoption of the system generally throughout
the State should receive your earnest support.

AGRICULTURE.

Eelatively to other pursuits, it is safe to assert that
the agricultural interests of the Commonwealth are pros-
perous. The prevailing depression has not yet seriously
affected the farmer, and the reduction in the prices of the
staple cereal products of the West will not be detrimental
directly to our farming interests, nor so ultimately unless
reaction upon our leading Eastern industries shall come.
No special legislation is now asked by the Board of Agri-
culture.

The liberal action of the last legislature in favor of the
Agricultural College has enabled the trustees to make
extensive and necessary repairs of the old buildings that
could not be safely delayed, to complete a house for the
president within the college grounds, and to build, under
one roof, a chapel, library and recitation rooms. Reason-
able appropriations to furnish the building, and to provide
for the ordinary wants of the college should be made.

PROVINCIAL LAWS.

In 1865 and 1867 authority to publish the acts and laws
of the province of Massachusetts Bay was given, and to
the present time four volumes have been issued and dis-
tributed, and another volume is in the hands of the printer.
The expenditures, authorized by appropriations from year
to year, amount now to $77,505.75. The work, without
doubt, has been well done; but would it not be well to
inquire what limit to its extent and cost is reasonably
proper? The Governor and Council, to whom the
authority for publication is committed, can exercise but
little discretion in this matter, in view of the grants of
money made by the legislature from time to time.

944 Governor's Address.

PUBLIC HEALTH.

Epidemic .cholera is making its progress westward, and,
gnided by the history of this disease, we may reasonably
expect its ajDpearance in the United States during the
coming summer. While the general sanitary conditions
in our cities and towns may be justly regarded as favor-
able to protection against widespread invasion of pestil-
ence, careful and thorough inspection should be at once
enforced. Permanent boards of health should be estab-
lished in towns, embracing in their membership one resi-
dent physician, the terms of office to be so arranged that
the boards shall keep up their organization from year to
year. The application of this system can be made with-
out imposing so great additional expense as to be regarded
burdensome in view of the importance of the subject, and
of the benefits sure to follow. Other recommendations
of the State Board of Health, Lunacy and Charity, look-
ing to the preservation of the public health, deserve your
attentive consideration.

LUNACY.

It is estimated that there are now fully 6,300 insane
persons in the population of the State, of whom 5,000 are
from time to time in the year in general hospitals and
asylums, and about 700 more maintained at public charge
in city and town almshouses, local asylums, private fami-
lies and prisons. The probable increase in the number of
the insane is not less than 200 a year. It is clear that
the State hospitals and asylums afford insufficient room
and means to provide for the increasing number of cases ;
and were it not for the large number of the harmless
chronic insane — say 700 — now distributed chiefly amoug
the town almshouses, where in some instances they are
insufficiently cared for, the means now provided by the
State and municipalities would be utterly inadequate to
the proper treatment of the insane in Massachusetts. It
seems to me that if the State attempts to provide addi-
tional accommodations, it should be done by the erection
of suitable buildings in connection with present establish-
ments. This work can be accomplished on a compara-
tively inexpensive plan, with no purpose except to provide
for safety and reasonable comfort. Enough has already
been spent to demonstrate the folly of erecting costly and

Governor's Address. 945

imposing structures, poorly adapted to ueeds. The plan
here suggested will avoid a greatly increased cost of
maintenance necessitated by provision for an expensive
outfit and for the em[)loyment of high-salaried ofiicials.
There would seem to be no insurmountable difficulty in
caring for a largely increased number of the insane at
some of our hospitals by this method, provided a proper
classification be maintained. It may be well to consider
also the expediency of making compulsory upon cities of
more than 50,000 inhabitants, the provisions of chapter
234 of the Acts of 1884, concerning asylums for the
chronic insane.

The trustees of the Danvers Lunatic Hospital, in their
report, discuss the principle and operation of sections 20
and 21 of chapter 214 of the Public Statutes, which pro-
vide for the commitment and discharge of a person indicted
for murder or manslaughter and acquitted by the jury by
reason of insanity. One such person is now detained in
that hospital. After he had been indicted for murder,
the Supreme Judicial Court, upon hearing, found him
insane, so that he could not properly be put to trial, and
he was thereupon committed to the hospital. Subse-
quently, his sanity having become established, he was
tried, found not guilty because of his insanity at the time
of the homicide, and then, as commanded by statute, he
was sent by the court to the lunatic hospital for life,
having^ no benefit from the finding of the court that he
had recovered from such insanity.

It may be said that a person so committed may be dis-
charged by the Governor, with the consent of the Council,
when he is satisfied, after a hearing, that such person may
go at large without danger to others. But the Executive
may well hesitate to assume so grave a responsibility in
view of the fact that no discretion is allowed the court
before order of commitment for life, notwithstanding it
may be shown, as in the case cited, that the person had
become sane. There are many questions of great moment
arisino; here.

The authority to discharge constitutes no portion of the
constitutional power to pardon offences, for the reason
that there is no conviction. Why may not the court,
before whom the trial is had, and before whom have come
all the facts in former inquiries, be entrusted with final
jurisdiction ? Commitment and detention may be required

946 Governor's Address.

until further order of the court. This will tend more
certainly to secure justice to the persons directly con-
cerned, and maintain the protection of the public.

If, however, it be still regarded advisable to retain the
power of discharge in the Governor and Council, I suggest
that they be authorized to make such discharge absolute,
or upon such conditions as to residence, examination from
time to time, and other matters, with such restrictions
and upon such limitations as they shall deem proper.
The person in custody may be thereby sustained against
liability to a recurrence of his insanity, and dangers there-
from to others averted so far as possible. This power to
impose conditions will manifestly prove a more efficient
check and corrective than the existing authority to insti-
tute original proceedings in lunacy.

I invite your especial attention to the arguments of the
trustees and of the superintendent in favor of clear direc-
tions fixing the conditions of custody and confinement of
persons committed pursuant to the statutes cited.

THE COURTS.

That the justices of the Supreme Judicial Court are
overburdened and overworked seems to be admitted with-
out question. It needs no argument to prove that the
interests of the Commonwealth will be served by granting
sufficient and speedy relief. If no other measure can be
agreed on, let something be done by the transfer of
divorce causes and kindred matters to the Superior Court.
Apart from considerations of sentiment, it is difficult to
discover any objection to such a change. The system on
which the Superior Court is established admits of ready
relief by an increase in the number of justices, in case the
duties become too exacting because of this transfer or for
other reasons.

MEDICAL EXAMINERS.

The statute providing for the appointment of medical
examiners has been in operation seven years, and on the
whole has proved to be satisfactory. Now that its work-
ings have been so thoroughly tested, it may be advisable
to consider propositions for its modification.

When an examiner has notice that there has been found,
or is lying, within his county, the dead body of a person
who is supposed to have come to his death by violence,

Governor's Address. 947

he is required to take charge of the body, and if on view
thereof, and personal inquiry into the cause and manner
of death he deems a further examination necessary, he
shall, upon receiving certain official authority, make an
autopsy in the presence of two or more discreet persons.
The object is to ascertain the cause and manner of death,
and to lay the foundation for proper proceedings there-
after ; but when the cause and manner of death are
entirely plain upon a view or inquiry, an autopsy is
unauthorized, Observe the plain intent of the law.
First, a view and personal inquiry ; then, an autopsy is
to be made only in case, on the examiner's judgment, a
further examination is necessary to determine the cause
and manner of death. If the view and inquiry disclose
the essential facts, the power is exhausted. An autopsy
is futile, in case it can add nothing to the information
apparent on view or inquiry. An inquest must be held
in all cases of death by accident upon a railroad, but no
higher or diflerent order of proof is required therein than
under other circumstances. Instances have come to my
knowledge in which the examiner has held an autopsy
over the body of a person killed instantly by a railroad
accident, in broad daylight, in the presence of several
spectators, the body being literally torn into fragments.
As an illustration of objectionable practice in such a case,
I give a medical examiner's report of an autopsy con-
ducted by him : —

" Autopsy. Found head and left arm severed from body ; right
arm broken at wrist joint, and right leg and foot badly broken and
mangled."

It ought not to be possible for an officer to practice
such abuse of official power, and the district attorneys,
mayors and selectmen should be held to greater vigilance
in the exercise of their authority, which alone enables the
examiner to so proceed. As it is noAv, with the excep-
tion of the officers paid a fixed salary, the examiner needs
only to hold an autopsy in every case to increase his fee
from four dollars to thirty dollars, and the county or
state treasury must respond. It must not be understood
that all, or even a majority of medical examiners in com-
mission, put so lax a construction upon the statute
authority ; but the opportunity for unprofessional con-
duct endangers the public interests, and tends to bring

948 Goveknor's Address.

into disrepute all these officers, to whom are entrusted so
great responsibilities. Large discretion must be given in
the interests of public safety and justice, but an efficient
restraint in this regard is demanded. To this end, and
also for other purposes, I suggest that medical examiners
be required to report all autopsies to the district attor-
neys, and make oath in each case that in their judgment
the cause and manner of death could not be ascertained
by view and inquiry, and that an autopsy was fairly nec-
essary for that purpose ; that it be made the duty of dis-
trict attorneys to examine such reports, and to certify to
the county commissioners whether, in their opinion such
autopsy was required ; and that no fee for an autopsy be
paid without the approval of the district attorney so
expressed. Further, let medical examiners make report
at definite periods of all cases investigated by them, to
the State Board of Health, Lunacy and Charity, upon
blanks to be furnished by the Secretary of the Common-
wealth for that purpose.

It is probable that the need of other amendments
defining certain words and clauses, fixing the rate of fees,
and otherwise making clear the intent of the statute, will
be presented for your consideration.

PAYMENT OF WAGES.

In the inaugural address delivered a year ago, I urged
upon the favorable consideration of the legislature the jus-
tice of the appeal made by wage earners for more fre-
quent payment of the compensation for their labor, and
endeavored to set forth substantial reasons in its behalf.
Though the subject was examined at great length by the
appropriate committee and was fully discussed, no relief
was granted. I cannot, however, regard the issue closed
or the agitation fruitless, and without presuming upon
your patience by a repetition of the arguments in sup-
port of the desired legislation, I must not fail to express
my conviction in the wisdom of requiring corporations to
adopt a practice in this regard which will surely bring
greater independence, readier means and more general
contentment among those whose labor is their only capi-
tal, and without whose welfare, whatever the advance-
ment of all others, the State can never reach its highest
degree of prosperity and power. Several of the chief

Goveenob's Address. 949

employers of labor have voluntarily taken the initiative
in the adoption of the reformed system and demonstrated
its feasibility and efficiency. No argument, however
subtle or forcible, urging the impolicy of such action, or
the inconvenience or expense of frequent payment, an-
swers the logic of necessity which those feel whose toil
day after day only suffices to keep soul and body together
and whose whole earnings in a year do not exceed in dol-
lars the number of working days. It is manifestly for
the interest of the Commonwealth that the laborer be
relieved to the utmost of the unavoidable burdens of the
credit system, the costs and vexations of petty suits, and
an enforced dependence upon the will of others for oppor-
tunities to change his employment or to avail himself of
the other advantages that may contribute materially to
greater freedom and success.

CIVIL SERVICE.

The Civil Service Commissioners, appointed under the
provisions of an act passed by the last legislature, have
prepared rules which have been approved by the Gov-
ernor and Council and which will go into operation on the
thirtieth day of March next. Under the authority given
them by the act the Commissioners have limited the
application of these rules to those branches of the service
in which a considerable number of persons are employed,
and in which there is the strongest temptation to use the
appointing power for personal or partisan purposes. The
system proposed is believed to be perfectly plain and
practical, and well adapted to show the relative fitness of
applicants for the public service and to secure impar-
tiality in the selections for appointment. This method of
improving the civil service can no longer be considered an
experiment. Most satisfactory results appear to have
been already secured in national, state and city adminis-
tration, and the system has already taken a permanent
place, sustained by prominent members of all political
parties. The statute now in force seems to be ample in
scope and power for present needs, and an extension of
the system may be secured by the adoption of other
rules.

950 Governor's Address.

OFFICIAL BONDS.

The statutes require various state officers to give bonds,
with sureties, for the faithful performance of their duties,
and generally the Treasurer of the Commonwealth is made
the custodian of these instruments. But no examination
is made from time to time to determine the sufficiency of
these securities. It has happened that after the lapse
of years, bonds have been found, after default, to be
utterly worthless, by reason of the death or insolvency of
the sureties, and the Commonwealth remediless. Would
it not be prudent to make it the duty of the Governor and
Council to inspect annually all such bonds, power being
given to declare the office vacant if satisfactory additional
security be not furnished when required?

INSURANCE.

The Insurance Commissioner has nearly completed the
triennial examination of the Massachusetts insurance com-
panies with results that confirm the title of these institu-
tions to the public confidence, as will particularly appear
in the forthcoming annual report.

The urgent need of more explicit legislation defining the
powers and obligations of corporations under chapter 115
of the Public Statutes, engaged in life insurance business,
is generally recognized. In the opinion of the Attorney
General, given in reply to the inquiry of the Insurance
Commissioner, certain of these associations, organized on
a distinctly business basis, have exceeded their corporate
privileges and are doing an insurance business unauthor-
ized by statute. The Commissioner will invite attention
to the subject more specifically in a communication con-
taining definite information and suggestions. As the
matter is of important concern, affecting many thousands
of our people who resort to these associations to assure a
beneficial provision for their families, and whose interests
the State should sedulously guard, I commend it to the
careful consideration of the Legislature, advising such
action as shall uphold the integrity of the laws and protect
fully all parties in interest as well as the honor of the
State.

Goveenor's Address. 951

SYSTEM OF DRAINAGE.

The Commissioners appointed under chapter 63 of the
Resolves of 1884 inform me that they have approved a
general plan which has been prepared by their engineer,
but before laying out the work upon so thorough and com-
prehensive a scale as the plan contemplates and the public
interests require, they deem it their duty to say that the
sum of twenty thousand dollars, appropriated for the pur-
pose, is believed to be insufficient, without any allowance
even for the compensation of the commission. An inves-
tigation less complete and reliable can be made within the
amount stated, but the Commissioners express an unwill-
ingness to enter upon a matter of so great and growing
importance without inviting the Legislature to reconsider
the subject and to give further directions for their guid-
ance. I am confident that the prudence of the Commis-
sioners in declining to commit the State to an unauthorized
expenditure will be universally commended, and that you
will accorc
sideration.

will accord to their suggestions deliberate and wise con-

TOPOGRAPHICAL SURVEY.

The State Survey Commission, appointed under chapter
72 of the Resolves of 1884, made satisfactory arrange-
ments of co-operation with the United States Geological
Survey, and work was commenced in August and prose-
cuted to the close of the field season. In order to test
the practical working of the plans adopted, parties were
located in the more mountainous parts of the western and
in the more level parts of the eastern sections of the State.
The area surveyed, during a little more than three months,
was 658 square miles. The amount paid on the part of
the Commonwealth as its proportional share of the expense
of the survey, as far as made, is $3,057.45, and for the
expenses of the Commission $292.07, making a total of
$3,349.52.

The Commissioners recommend in their report of prog-
ress a more accurate determination of the boundary lines
of the towns of the Commonwealth than at present exists,
and urge the importance of better system in the location
of these municipal landmarks. If city engineers and town
and county surveyors adopt the practice of referring to
these geographically determined points, the results will

952 Governor's Address.

be most advantageous in securing uniformity and precision
in their work and preventing litigation arising from dis-
crepancies between different surveys and the imperfections
of the old methods of surveying with the compass and
chain. Valuable example will also be set of better methods
of instruction in our scientific schools in this branch of
education. There are 347 cities and towns in the Com-
monwealth, and the number of points or angles in their
boundary lines is about 1,700. It is estimated that it will
take one field party three years to determine all these
points by triangulation, at a cost of about $3,000 a year.
While this work can be done to great advantage in con-
nection with the present survey and at a much less cost
than would be possible if made a separate operation, it
does not belong to the topography, nor is it a part of the
necessary triangulation, so that the fund appropriated for
these specific purposes cannot properly be used for the
determination of town lines. The Commissioners there-
fore recommend a special appropriation of $9,000 for the
last-named purpose, to be expended under the general
supervision of their board.

MUNICIPAL EXPENDITURES.

The principle upon which was based the statute of 1875,
establishing limitations upon the power of cities and towns
to incur debts is eminently sound and salutary, and thus
far the General Court has sustained this legislation in its
essential features. The beneficial results, no person now
can seriously question. It occurs to me to suggest whether,
proceeding in the same line, some limit may not prudently
be placed upon the power to appropriate money for ex-
penditures and to assess taxes therefor, perhaps on the
basis of a fixed percentage of the valuation of the taxable
property. Such a law, if enacted, may very properly be
first applied to cities, and if with it is associated a pro-
vision authorizing the mayor to apply the veto power to
separate items of proposed expenditures, a proper safe-
guard will be set up against an extravagant and destructive
policy.

STATE PRISON.

The Commissioners of Prisons, as directed by the
legislature of 1884, prepared for use as the State Prison
the buildings in the city of Boston formerly occupied as

Goveknor's Address. 953

said prison, and after acceptance of the same by the
Governor, the warden transferred to said prison all the
prisoners, abont four hundred and fifty, that had not been
removed pursuant to statute to the Massachusetts Reform-
atory. The work of repairing the workshops and setting
machinery is still going on under the general direction of
the warden and the commissioners, and, contracts for the
employment of all the available men having been made,
the regular course of management will soon be established.
Appropriations will be called for from time to time to
bring the institution into a satisfactory condition of effi-
ciency, convenience and security. It is altogether proVj-
able, considering the power of transfer from the state
prison to the reformatory, that the number of convicts to
be held in the state prison will not exceed the present
accommodations ; but there is ample room for all necessary
enlargement.

The law provides that convicts, sentenced to the punish-
ment of hard labor in the state prison, shall be constantly
employed for the benefit of the State. This language
seems to imply that no part of the compensation for their
labor shall be received by the prisoners ; and yet, in one
form or another, overwork, the proceeds of which they
have been allowed, has been in practice several years,
more or less openly, continuing to the present time. As
it certainly is not in plain terms authorized by law, it
should be carefully considered by you, that no blame for
its continuance shall rest upon the warden, the com-
missioners or the Executive. The system in practice ma}''
be easily understood. Contractors, with the approval of
the warden, agree with the different men in their employ-
ment to consider a stated amount of work, which is
assumed to be an ordinary day's labor, as a man's stint for
a day, and after that is accomplished to allow him for his
own use payment for work he may do in excess of his
prescribed task. Such payment for the use of the men is
made to the warden, who controls absolutely its expendi-
ture, allowing portions to be sent to the families of the
prisoners, or expended for certain small articles contribut-
ing to the health and comfort of the prisoners, and holding
the balance for the prisoners upon the expiration of their
terms of sentence. AVhatever may be said of the merits
of the system, I am convinced that its administration by
the warden has been judicious. The proceeds received

954 Governor's Address.

by the State from all contracts, for the labor of the con-
victs for the year ending Sept. 30, 1884, amounted to
$70,117.45. For the year ending Dec. 31, 1884, there
was allowed for overwork $33,472,13, which amount was
credited to the accounts of 529 men, in varying sums
according to skill, industry and workmanship. Though
these comparative statements do not cover precisely the
same period of time, they serve properly to demonstrate
the results obtained. The system under discussion has
earnest advocates ; and I believe I state the warden's
views correctly when I say that, in his opinion, it con-
duces to the maintenance of discipline and good order,
encourages in the men habits of industry, provides in
some measure for those dependent upon theiu, and fits the
prisoners for more useful lives when their incarceration is
over. On the other hand, would not the State realize a
higher price for the labor of the convicts if the con-
tractors were bound to pay therefor solely to the State
and were absolutely relieved from obligation to com-
pensate others? It is to be observed that the warden, as
custodian of the funds paid to him by the contractors for
the benefit of the prisoners, acts in his individual capacity ;
he does not make the State responsible therefor, nor is
his official bond security for the faithful performance of
that trust. I do not hesitate to speak thus freely, because
the present warden possesses my entire confidence in his
integrity. The State may well consider, however,
whether such a system in the control of a man less scru-
pulous, might not cause serious embarrassment and loss.

With these statements and suggestions, I commit the
subject to you, urging that, for the reasons given, such
action may be taken as shall express in clear terms the
will of the legislature, and determine under what con-
ditions the system shall operate if it be continued.

MASSACHUSETTS REFORMATORY.

The experiment of a reformatory for male prisoners
has been successfully inaugurated at Concord. About
one hundred and forty men are now in the institution,
and l)y sentences in the courts and by transfer from the
state prison and county houses of correction a consider-
able increase in number is certain. No proposals for
employment have been accepted, but it is expected that

Governok's Address. 955

various industries will be soon introduced, which will
supply the necessary work and give instruction in useful
trades. In most of the essential features this institution
adopts the system which has l)een so successful in opera-
tion at the Reformatory Prison for Women, and when its
full effect shall have been realized, the State will un-
doubtedly find compensation for the additional expenditure
in the correction of criminal tendencies, and the restora-
tion of reformed men to the honorable rank of orderly
citizenship.

HOMCEOPATHIC HOSPITAL FOR THE INSANE.

The trustees of the Westboiuugh Hospital have been
appointed, and the plans submitted by them for the alter-
ation of the buildings and the necessary additions thereto
have received the approval of the Governor and Council.
These plans apparently answer the wants of the hospital
in due provision for the treatment, comfort, convenience
and safety of three hundred and twenty-five patients and
for the physicians, officers and attendants. Satisfactory
estimates show that the work will be completed within
the appropriation of one hundred and fifty thousand dol-
lars, already made, and the trustees are unanimous in
their determination not to exceed that sum. It is hoped
that the hospital will be ready for occupancy before the
end of the current year. An appropriation for the neces-
sary furniture and outfit must be made. It will be nec-
essary also to authorize the transfer or disposal of the
stock, tools and other fiirm property now on the whole
premises and in the control of the trustees of the Lyman
School.

THE LYMAN SCHOOL FOR BOYS.

After extended examination and consideration, I am of
the opinion that this school should be removed to some
location other than that designated in the act of the last
legislature, and in that view I believe the trustees of the
school and the trustees of the Westborough Hospital con-
cur. It will surely be prejudicial to satisfactory control
to undertake to carry on two institutions, so dissimilar in
character and population, in so close proximity. Besides,
by the division of the premises provided for in the acts
fixing the locations for the hospital and the school, the
land assigned to the latter being only about thirty acres,

956 Governoe's Addeess.

includes all the large barns and other farm buildings
originally constructed for the whole farm, and now
needed in connection with the hospital premises, but quite
disproportionate to the wants of the school and its man-
agement. To remove these structures, or to build anew
for the hospital, would involve the State in an outlay un-
necessarily large.

The acts in question were passed near the close of the
session. As soon as possible thereafter the trustees of
the school proceeded to examine the situation, and after
conference with the Executive they decided it was inad-
visable to expend for additional land and buildings in
connection with the Westborough property any part of
the fifteen thousand dollars appropriated, and they accord-
ingly deferred action until the legislature could recon-
sider the subject.

The school, under its present system, will not require
for its use a large tract of land or costly and extensive
buildings. The number of inmates is reduced by the laws
regulating commitment, probation, transfer and discharge.
During several years past the average number has not
exceeded one hundred and thirty-five. Of the one hun-
dred and twenty-four boys who left the institution during
the last year, the average time of detention was only thir-
teen months, and no one had remained longer than three
years and four months. Though the results in individual
cases are frequently discouraging, the good influences ex-
ercised over many of the boys are productive of perma-
nent reformation, justifying the wisdom of the founder of
the school, and testifying to the efficient labors of the offi-
cers and trustees.

Your judgment upon the question of change of location
should be known as soon as possible. The immediate
success of the two institutions concerned depends largely
upon the policy adopted. Delay will certainly cause
serious obstruction to the work of preparing the hospital
buildings for their designated use.

OTHER INSTITUTIONS.

The several Lunatic Hospitals, the State Almshouse at
Tewksbury, and the State Primary and Industrial Schools
have all maintained their former high rank in economy
and efficiency of administration.

Governor's Address. 957

During the year the State Workhouse buildings have
been rebuilt at Bridgewater, and the inmates have been
removed thereto from Westborough. This institution is
now relieved of the embarrassments incident to its tem-
porary establishment at Westborough, and is believed to
be in excellent condition.

The Reformatory Prison for Women passed, early in
1884, under the superintendence of Mrs. Ellen C. John-
son, whose long experience on the Prison Commission
peculiarly fitted her for that responsibility. In discipline,
economy of control and in vigilant attention to the inter-
ests of the State and to the welfare of the prisoners, the
results have been most gratifying.

Senators and Representatives : The absolute demand for
economy in appropriation and expenditure of the public
money was never more clear or urgent than now. Let us
not fail iii any wise to respect the popular sentiment. No
increase of the permanent debt can be justified, in the
absence of extraordinary exigency.

Whatever the Executive may be able to do, in earnest
co-operation with you, to advance the interests' of the
Commonwealth, is now most cordially tendered. Should
you find it practicable to bring your session to an early
close, giving due consideration, as your fidelity will dic-
tate, to all matters before you, I take no risk in assuring
you that you will satisfy a very general desire and in-
crease the obligations of the people because of your dis-
interested and eifective service.

958 Special Messages.

SPECIAL MESSAGES.

THE FOLLOWING SPECIAL COMMUNICATIONS WERE MADE BY HIS

EXCELLENCY THE GOVERNOR TO THE LEGISLATURE

DURING THE ANNUAL SESSION.

[To the Senate and House of Representatives, Jan. 9, 1885.]

I have the honor to present herewith, in compliance
with chapter 50 of the Resolves of 1860, a report of the
pardons issued by the Governor, by and with the advice
of the Executive Council, during the year of my adminis-
tration just closed.

The number of convicts thus released is twenty-six, of
whom eleven were in the State Prison, thirteen in houses
of correction, one in the Reformatory Prison for Women
• and one in the House of Industry at Deer Isla/ud. Danger-
ous iUness was the controlling reason for the discharge of
seven, all of whom died shortly after. One was released
because of insanity.

Pardons. j^q J JosEPH Healey. Couvicted of breaking and

entering, Superior Court, Suffolk County, August Term,
1882. Sentenced to House of Correction for two years.
Pardoned March 5, 1884. It appeared that the mother of
the prisoner was wholly dependent upon him for support.
That no other offence had been committed by the pris-
oner. That his reputation previous to this offence was
exceedingly good. It appeared further that at the time
of the offence the prisoner was, and had been for several
days, under the influence of liquor. As but about two
months of the term of the sentence remained to be served,
the ends of justice seem to have been substantially met.

Special Messages. 959

No. 2. Job Sweet. Convicted of rape, Superior Pardona.
Court, Berkshire County, Jan. 21, 1882. Sentenced to
State Prison for six years. Pardoned March 5, 1884.
The recommendation of the District Attorney who tried
the case being strongly in favor of a pardon, and, from
his statement, it appearing that the testimony of the chiet
witness against the prisoner was false.

No. 3. Abiathar Grant. Convicted of manslaugh-
ter, Superior Court, Suffolk County, Feb. 13, 1873.
Sentenced to State Prison for fifteen years. Pardoned
March 5, 1884, upon the recommendation of Hon. Charles
R. Train — Attorney-General at the time the offence was
committed and the prisoner was sentenced — and the en-
dorsement thereon, concurring in said* recommendation,
by Chief Justice Morton, the justice who heard the case
and awarded the sentence against the prisoner. And for
the further reason that, under all the circumstances, the
prisoner has been sufficiently punished by the eleven years
of imprisonment already suffered by him.

No. 4. Frederick H. Kraushaar. Convicted of
embezzlement, Superior Court, Suffolk County, February
Term, 1883. Sentenced to fifteen months in House of
Correction. Pardoned March 21, 1884. This applica-
tion was brought up March 18, 1884, for reconsideration,
by the son of the convict. Michael Englehardt, from
whom the money was embezzled, appeared with him to
urge that the pardon be granted. It appeared from their
representations, and also from the communications of Dr.
Theodore W. Fisher, the prison physician, that Kraushaar
was very seriously ill, in all reasonable probability with a
fatal disease, and that he could not long survive, perhaps
not to the end of his time of sentence. This conclusion
was strengthened by the opinion of Surgeon-General
Holt, who examined Kraushaar in my presence March 20,
1884. The pardon was therefore granted. Died April
9, 1884, 5.40 A.M., the day that he would have been
released if he had not been pardoned.

No. 5. Charles McKenna. Convicted of assault.
Municipal Court, Charlestown District, April 16, 1884.
Sentenced to four months in House of Correction. Par-
doned May 1, 1884. The evidence submitted, and the in-

960 Special Messages.

Pardons. vestigatioii of District Police Officer Shaw, established

conclusively the fact that a mistake in identity had been
made and that McKenna was innocent. The party as-
saulted and his witnesses stated under oath that they had
erroneously accused McKenna because of his strong per-
sonal resemblance to the real oflender, Edward J. Kirby.
The offence was committed in the night-time. Upon a
warrant issued subsequently, Kirby was arraigned upon
the same charge before Judge Ruffin and pleaded guilty
to the offence. Kirby also declared under oath that he
alone committed the assault, and that McKenna was not
present. Other witnesses who saw the assault corrobo-
rated Kirby's statement.

•

No. 6. Franklin C. Pratt. Convicted of larceny,
Superior Court, Plymouth County, Oct. 29, 1883. Sen-
tenced to one year in House of Correction. Pardoned
May 15, 1884, for the reason that it appeared that when
the offence complained of was committed by the prisoner,
he was not, by reason of mental infirmity, criminally re-
sponsible for such act, and for the further reason that a
pardon was recommended by the District Attorney who
prosecuted him.

No. 7. Patrick Brennan. Convicted of perjury,
Superior Court, Norfolk County, Dec. 18, 1882. Sen-
tenced to three years in House of Correction. Pardoned
May 15, 1884. It appeared that Brennan had been so
long and constantly in a state of intoxication that he was
hardly responsible for what he said or did. The District
Attorney, reviewing all the circumstances, and consider-
ing Brennan's promise to abstain forever from the sale or
use of intoxicating liquors, recommended his pardon.

No. 8. Thomas Gleason. Convicted of adultery,
Superior Court, Middlesex County, Feb. 20, 1884. Sen-
tenced to nine months in House of Correction. Pardoned
May 15, 1884, for the reason that, as appeared by the
certificate of the prison physician and from a personal ex-
amination and investigation by the Pardon Committee,
the prisoner was suffering from a fatal illness. Died in
July.

Special Messages. 901

No. 9. Daniel Baxter. Convicted of rape, Supe- Pardons.
rior Court, Midcllesex County, April 3, 1882. Sentenced
to ten years in State Prison. Pardoned May 21, 1884,
for the reason that, upon a full hearing of the evidence in
the case, there were serious doubts as to the guilt of the
prisoner, and for the further reason that the District
Attorney who tried the case deemed it his duty to recom-
mend a pardon.

No. 10. Joseph D. Ingersoll. Convicted of forgery,
Superior Court, Berkshire County, Jan. 15, 1883. Sen-
tenced to four years in House of Correction. Pardoned
May 21, 1884, upon the certificate of the prison physician
that the prisoner was sick with consumption, and prob-
ably would not live but a short time. Died July 31,
1884.

No. 11. Morris Corbett. Convicted of breaking^
and entering, Superior Court, Suffolk County, September
Term, 1883. Sentenced to House of Correction for one
year. Pardoned June 11, 1884, for the reason that, as
appeared by the certificate of the prison physician, the
prisoner was in the last stages of consumption and failing
rapidly. Died in June.

No. 12. Daniel Connors. Convicted of assault and
battery, Superior Court, Suffolk County, August Term,
1883. Sentenced to one year in House of Correction.
Pardoned June 19, 1884, upon the recommendation of
the prison physician, the prisoner being fatally sick with
consumption. Died Aug. 7, 1884.

No. 13. Charles R. Carroll. Convicted of break-
ing and entering and larceny, Superior Court, Franklin
County, Nov. 24, 1882. Sentenced to House of Correc-
tion for three years. Pardoned June 26, 1884, on the
ground that Carroll had never been guilty of any offence
before ; that he had the confidence of those who had
known him from boyhood ; that the sentence upon con-
viction of the charoje of robbinof hen-roosts seemed to be
disproportionate in its length to the character of the
oflence ; and that his pardon was strongly urged by the
sherifi" and other oflicials, and prominent citizens of Frank-
lin County.

962 Special Messages.

Pardons. ]n^q^ ^4, George Caldwell. Convicted of burning

a building, Superior Court, Middlesex County, Feb. 21,
1879. Sentenced to State Prison for seven years. Par-
doned July 31, 1884. The Pardon Committee recom-
mended a pardon after a careful hearing, and concluding
therefrom that it was doubtful whether the prisoner com-
mitted the ofience for which he was imprisoned, and
believing that if he did commit said offence he had been
sufficiently punished therefor. It was further deemed ad-
visable to pardon Caldwell in order that he might secure
employment before the winter set in. His prison record
was excellent. His conduct showed evidence of reforma-
tion.

No. 15. Margaret Conway. Convicted of burning
a building, Superior Court, Middlesex County, Nov. 23,
1882. Sentenced to Eeformatory Prison for three years.
Transferred to the Worcester Lunatic Hospital, Feb. 27,
1884. Pardoned July 31, 1884, on the ground of in-
sanity. It appeared at the hearing that Patrick Conway,
husband of the prisoner, was able and Avilling to care for
her at his home, and that she could be better cared for
there than at the hospital where she was then confined.
As an additional reason for the pardon, it was apparent
that because of her insanity, the longer detention of Mrs.
Conway could serve no purpose in her punishment or
justly operate to deter others from crime.

No. 16. Joseph Downey. Convicted of breaking
and entering, Superior Court, Suffolk County, March 20,
1882. Sentenced to State Prison for three years. Par-
doned July 31, 1884, upon the recommendation of the
District Attorney who prosecuted the case. The police
officer who arrested the prisoner testified that Downey
was under the influence of liquor when he committed said
offence, and that previous to that time he had borne a
good character. As an additional reason it seemed best
to set Downey at liberty earlier than the expiration of his
sentence, so that he could secure a situation at his trade
before winter.

No. 17. Daniel Monohan, alias Daniel Ci^^ning-
HAM. Convicted of breaking and entering, Superior
Court, Worcester County, Oct. 23, 1883. Sentence'd to

Special Messages. 963

State Prison for three years. Pardoned Aug. 13, 1884, Pardons.
upon the certificate of the prison physician that the
prisoner was in the last stages of consumption and could
live but a short time. Died Sept. 3, 1884.

No. 18. Alexander Tenney. Convicted of break-
ing and entering, Superior Court, Suflblk County, May
Term, 1883. Sentenced to House of Correction for
eighteen months. Pardoned Aug. 13, 1884, in considera-
tion of the prisoner's previous good character ; the
statement of the arresting officer that Tenney was at the
time of the oflence so completely intoxicated that he had
no reasonable comprehension of his act ; the belief that
the ends of justice had been fully answered ; and the
good policy of liberating him early enough to enable him
to find work before winter.

No. 19. James Duffy. Convicted of breaking and
entering, Superior Court, Worcester County, Oct. 24,
1881. Sentenced to six years in State Prison. Pardoned
Aug. 29, 1884, upon the prison physician's certificate that
the prisoner was fatally sick with consumption and liable
to die any day. Died Sept. 2, 1884.

No. 20. Dennis Mant. Convicted of being a tramp,
Municipal Court, Roxbury District, Boston, Nov. 2,
1883. Sentenced to House of Industry for two years.
Pardoned Sept. 9, 1884, for the reason that the term of
sentence seemed to be excessive, in consideration of the
character of the offence. Besides, it appeared that Mant
had never been charged with other crime. He had been
employed as a cook at sea, and had, shortly prior to his
arrest, — as it was shown, — landed at New York, where
his captain decamped without paying Mant and the
other ship hands. The next day after reaching Boston
Mant was arrested for the crime of asking for bread. It
appeared that he did not at all use intoxicating liquors.
His residence was given as South Carolina, where he had
a father and mother living. He was desirous to enter at
once into his former employment, for which opportunity
was presented to him. Pardon was granted upon the
recommendation of the Board of Directors for Public
Institutions of the city of Boston.

964 Special Messages.

Pardons. j^q 21. LouiSE Gadbois. Convicted of adultery,

Superior Court, Middlesex County, June 23, 1884. Sen-
tenced to House of Correction for one year. Pardoned
Oct. 1, 1884, for the reason that it appeared that upon
erroneous information she was considered by the District
Attorney and the judge to be a woman of exceptionally
immoral character. It was shown by the report of Officer
Bean, who was specially detailed to investigate the mat-
ter, that harsh treatment by her husband had driven her
from home ; and that her husband — who had meanwhile
obtained a divorce — desired to re-marry her and restore
the mother to her children.

No. 22. Daniel Callahan. Convicted of larceny,
District Court, Lowell, July 17, 1884. Sentenced to one
year in House of Correction. Pardoned Oct. 22, 1884.
It appeared that Judge Crosby, who imposed the sentence,
and the officer who fully investigated the matter, were
satisfied that Callahan was not guilty, and they recom-
mended a pardon.

No. 23. Edmund Healey. Convicted of murder,
second degree. Supreme Judicial Court, Suffolk County,
Dec. 18, 1869. Sentenced to State Prison for life. Par-
doned Nov. 26, 1884. The Council voted unanimously
to grant a pardon, in consideration of the advanced age
of the prisoner — 83 years ; of the time he had already
served on his sentence, to wit, 15 years ; of the fact that
he was intoxicated at the time of the offence ; and of the
assurance, given by a charitable institution, that he should
be faithfully cared for during the rest of his life.

No. 24. Keern Eigney. Convicted of murder, sec-
ond degree, Supreme Judicial Court, Norfolk County,
May 21, 1868. Sentenced to State Prison for life. Par-
doned Nov. 27, 1884, as an act of executive clemency for
Thanksgiving day. Eigney had been in prison nearly
seventeen years, and his record of deportment in prison
was perfect. The crime was committed without premedi-
tation, Avhen Eigney was intoxicated, and had no connec-
tion with any other criminal act or intent. His previous
conduct was good.

Special Messages. 065

No. 25. John Brady. Convicted of burning a build- i'ardons.
ing, Superior Court, Plymouth County, June 27, 1883.
Sentenced to State Prison for three years. Pardoned
Dec. 17, 1884, upon the recommendation of the District
Attorney who prosecuted the prisoner, and the city mar-
shal who instituted proceedings against him. It appeared
at the hearing before the Pardon Committee, that the
offence committed by the prisoner was not of the serious
character contemplated by the statute under which the
sentence was awarded against the prisoner ; that he has
been sufficiently punished, and that in the main he has
borne a good reputation.

No. 26. Louis Wormell. Convicted of robbery,
Superior Court, Suffolk County, February Term, 1880.
Sentenced to State Prison for seven years. Pardoned
Jan. 7, 1885. The Pardon Committee believed, upon
investigation, that the prisoner had borne a good character
prior to the time when his offence was committed ; that in
the commission of the same he was not the leader, but
was subject to the influence of another, who has escaped
punishment. It appeared further that at the time of the
offence, all the parties had been drinking together, and
were somewhat under the influence of liquor, including
the person assaulted.

[To the Senate and House of Representatives, Feb. 3.]

The Legislature of the year 1884 adopted the following Troy and

, ® "^ ^ *=> Greenfield Rail-

reSOlVe, : road and Hoosac

Tunnel.

Resolved, That the Governor and Council be and they are
hereby requested to consider the relation of the Commonwealth
to the Troy and Greenfield Railroad and Hoosac Tunnel, and to
report to the next session of the Legislature such recommenda-
tions and suggestions concerning the future management or dis-
position thereof as they may deem expedient.

In obedience to this request a careful and extended
consideration was given to the subject matter of the
resolve, and to the tacts and questions deemed to have
important relation thereto. Information and advice were
sought and obtained from many gentlemen prominently
engaged and largely experienced in the control of leading

966 Special Messages.

T,''"^''!'^-, T, ., enterprises in manufacture, trade, transportation, domestic

Greenfield Rail- » . / ' ^ i / x

road and Hoosac aud loieign commercc. It now becomes my duty to com-
municate to the General Court the conclusions arrived at
and the reasons upon which the same are based.

The settlement of the outstanding claims of the Troy
and Greenfield Eailroad Company, and the transfer of
all its rights, legal and equitable, to the State, the full
details of which were set forth in my inaugural address at
the opening of your session, simplified the issues pre-
sented, and efiected absolute relief from the necessity of
inquiry into the relations of the Commonwealth to the said
railroad and tunnel. No embarrassment from divided or
disputed ownership can now complicate the problem or
defeat its solution. The State is the sole owner, and may
decide what it will do with its own property, subject only
to the performance of the existing contracts for its man-
agement and use. The history of the great tunnel under-
taking is written in the public records of Massachusetts,
and needs no rehearsal in this connection. Discussion
over the policy of its inauguration or the methods of its
accomplishment must certainly be regarded as irrelevant
and futile. The work is done. The road is of great
value, and capable of contributing immeasurable benefits
to the varied interests of the State and of the people at
large.

The line, extending from Greenfield through the tun-
nel to the boundary between Massachusetts and Vermont,
a distance of 44 miles, is now practically completed with
a double track of steel rails, all necessary sidings, sub-
stantial bridges, station buildings and other essentials to
a first-class road, and is pronounced by the most compe-
tent experts to be in a condition of excellence superior to
most of the railways in the Commonwealth. The route
by the way of the state road possesses considerable
advantage in grade and distance over any other line
between Boston and the Hudson River. No extraordi-
nary outlay is anticipated for the present, and the demand
for an annual appropriation from the state treasury to
increase the facilities for transportation, or to develop the
line, has ceased. The Southern Vermont Railroad, ex-
tending westwardly six miles from the line between
Massachusetts and Vermont, is also owned by the Com-
monwealth, but held under a perpetual lease, at a fixed
yearly rental, by the Troy and Boston Railroad Company.

Special Messages. • 967

It is not mauao^ed by the State, or under its control in any '^'■°>' '*"'?. „ .,

O -^ ' •' (ireenfield Rail

way. ror these and other reasons it may properly be road and Hoosac
disregarded in the present inquiry.

From the inception of the tunnel enterprise in 1848,
to the present time, the State has expended upon it about
$14,200,000, which amount now stands as a funded debt.
If payments of interest are included (though that cannot
justly be considered in a fair statement of the cost of the
work), the total, as stated by the auditor in his annual re-
port, stood January 1, 1885, at $24,173,238.67. In fixing
this amount allowance for income has been made. The
average due-date of the funded indebtedness on this
account is August 3, 1891. To be more specific, it falls
due in instalments at various times from April 1, 1888,
to September 1, 1897, but considerably the larger portion
must be paid before 1893. To discharge this obligation
at the several periods of maturity required a total sinking
fund January 1, 1885, to the amount of $10,996,903.77 ;
while the actual sum in hand for that purpose on the date
named was $6,306,664.80. The consequent deficit as of
that date was therefore $4,690,238.97. The present fund,
with its probable accumulations, will pay all the instal-
ments of the debt maturing up to and including April 1,
1891, and furnish $827,508.47 towards the payment
required July 1, 1891, leaving $2,790,734.28 then to be-
come due, and all instalments thereafter to mature to be
provided for by taxation or otherwise. It is apparent
that postponement of action, from year to year, that shall
make provision to meet these obligations of the State, will
not fail to necessitate a correspondingly larger annual
burden when assumed.

Undoubtedly the State carried on the gigantic under-
taking of the tunnel construction, requiring the payment
of million upon million of dollars, without expectation that
the investment could ever prove directly profitable or
remunerative to the common treasury. The great object
was, and undoubtedly still is, to bring about the estab-
lishment of a through line of transportation between the
interior of the country and the port of Boston, and to
promote commerce, cheapen the price of commodities by
reducing freight charges, and to distribute incalculable
benefits among the people at large, who may thereby have
saved to them from their necessary expenditures more
than their proportionate share of the burden imposed by

968 Special Messages.

Greenfi"w Rail- taxatioii in payment "for the work. While, therefore,
road and Hoosac imdue emphasis is not to be laid upon the statement of

Tunnel. "^ . -, n t

cost or upon the estmiate oi the needs of the treasury,
subordinate as these matters really are to the general pub-
lic interest, such considerations bear upon the present dis-
cussion with great pertinence and force. The direct tax
upon the people of the State which must be laid in the
near future, unless some other adequate plan for the
cancellation of the debt is favorably adopted, will bring
the Commonwealth to a sharp realization of the true cost
of this railroad property, and to a just measure of the
financial obligations on its account. Whether the State
be considered merely as a property holder, or as a guardian
of great public interests, prudence will dictate that, in view
of the vast sum of money which the State has agreed to
pay, and which it will surely pay at the appointed time, a
wise, comprehensive and far-reaching policy should be
promptly inaugurated that shall fortify the position of the
State in either capacity. A continued disregard of the
vital features of the situation, or the neglect of timely
measures of precaution, may bring the occasion for an
unreasoning demand that will sacrifice the property and
destroy its power for relief. Whichever way the question
is viewed, the essential elements of the problem cannot
be dissociated in determining upon a judicious scheme of
solution.

The existing contracts with the Fitchburg Railroad
Company, the Boston, Hoosac Tunnel and Western Rail-
road Company, tbe Troy and Boston Railroad Company,
and the New Haven and Northampton Company, for the
operation of the state's road and tunnel, will expire by
limitation October 1, 1887. Reasonable anticipation of
the future, demands that action be taken to put the Com-
monwealth in such a position that it may not be compelled
to yield to whatever terms may then be ofiered, and the
time is now no more than sufficient for that purpose.
Whatever may be the real merits of their claims, there is
little room for doubt that the owners of roads connecting
with the tunnel line will insist upon greater concessions
from the State, and be enabled to secure them if indiflfer-
ence or neglect shall have disabled the Commonwealth in
the conflict between great interests. They will care for
their property as vigilant business men, and omit no
effort to make the best barsrain for themselves. To

Special Messages. 969

suffer the State to drift alono^ without definite purpose Tr«y^and^ j^^.,
for the future will demonstrate the lack of ordinary K)adandHooBac
sagacity, and a disregard of the weighty responsibilities
that rest upon those to whom the people have com-
mitted high trusts.

Such, in brief, are the elements of the problem be-
fore you for solution. What shall be done with the
property to bring from it the largest possible income of
benefit? To make provision for the payment of the
public debt incurred on this account ; to develop the road
and tunnel into an indispensable factor in the great work
of cheapening and extending freight carriage; to placo
the Commonwealth, without delay, in that position of
independent actit)n that it may not be powerless for its
own protection, when in negotiation with corporations of
its own creation ; to adopt conservative measures that
shall disengage the State, as soon as practicable, from
the direct management of industrial concerns ; to hold
well secured, all the advantages, actual and possible,
which were anticipated as inducements to the extraordi-
nary undertaking and expenditure — all these are prime
objects to be sought. The true test of any plan will be
found in its power to realize these several objects to the
highest degree attainable.

In entering, therefore, upon a discussion of the various
methods ft)r the disposition or utilization of the railroad
and tunnel line, I may state it as the unanimous opinion
of the Governor and Council that, keeping in view all
the considerations heretofore stated, no plan should be
adopted that does not contemplate the application of the
state's property to a system of combined, vigorous and
extended operation of an unbroken thoroughfare of traffic
from the great West to the ports of eastern Massachu-
setts. The tunnel line must be put in such condition
and connection that it can contend with equal advantage
with its formidable competitors. Disjointed action ends
in obstruction and defeat. The managers of rival lines,
locking solely to their own interests, could desire nothing
more than the perpetuation of separate and inharmonious
control. The state's railroad, though faultless in con-
struction and equipment, constitutes but a single step in
the vast distance over which transportation must be car-
ried on, and if loosely or feebly managed with other dis-
connected organizations, will surely fail to justify its

970 Special Messages.

Greenndd Rail- coustructioD. It caii Signify but little in the aggregate of
road and Hoosac benefits If, after all the expenditure of money, years of
wearisome labor and heated controversies, the State and
the people realize no greater result than the ownership
of forty-four miles of railroad, which can promise but
an inconsiderable local business and is otherwise de-
pendent upon the temporary plans or necessities of cor-
porations working disconnectedly and inharmoniously.
Nothing is now more clearly demonstrated than that rail-
road business in general, to be successful, must be man-
aged on an extensive scale and with ample facilities for a
large traffic at low rates. Conditions that seem to be of
trivial importance, and apparently slight ditferences in
freight charges, are sufficient to control the course and
volume of transportation and to determine the question
of profit and loss. While, therefore, the State will un-
doubtedly secure to the various connecting roads reason-
able use of the tunnel on just terms and under proper
restrictions, the essential purpose must be to develop
the largest possible through business over a continuous
line that shall have the capacity and power to compete
successfully with all rivals and fiicilitate to the utmost
commercial intercourse between the West and the East.
Nor is it to be doubted that all the local interests along
the line will be more efficiently and satisfactorily served
by a powerful organization able to protect every part of
its property.

The various methods of oro-anization and management
which have been investigated by the Governor and Coun-
cil will be presented and discussed separately.

CONTRACT SYSTEM, OR TOLL-GATE PLAN.

This method has now been on trial ten years, and how-
ever conclusive the argument for its adoption may have
seemed, or whatever may appear to be the reasonable
theory concerning it, the experience of the State fur-
nishes most abundant testimony and instruction concern-
ing its administration. Under the Act of 1875, any
corporation owning or operatiug a railroad which may
connect with or be built to the line of the state's tunnel
and road, is allowed to connect therewith and to enter
upon and use, with its own motive power, said tunnel
and road upon terms and conditions and for tolls pre-
scribed, under specified limitations, by the Governor and

Special Messages.

971

Council. In fixinsf such tolls, due regard is to be had to ^'■°y ■*"•?, „ .,
the commercial value of said railroad and tunnel, and to road and noosac
the development of business, as well as to the cost of the
tunnel property. Corporations paying the tolls pre-
scribed are required to pay no other tolls, percentages
or allowances, but all of them are placed on a footing
of equality. Pursuant to this statute several contracts
for the use of the road and tunnel were entered into, and
these were subsequently modified for the relief and ben-
efit of the contracting corporations, under the provisions
of the Act of 1880.

Touching the necessities of the State in reference to its
financial obligations, as they have been hereinbefore stated,
it becomes important to examine the returns of the net
results from these contracts, and thereupon to predicate
an estimate for the future. The Treasurer of the Com-
monwealth submits the following exhibit from his books,
covering the transactions for each year ending September
30, from 1875 to 1884, inclusive, and showing the gross
receipts, the cost of maintenance and running expenses,
and the net earnings or income : —

YEAR.

Receipts by Common-

Maintenance and Run-

Net Income.

wealth.

ning Expenses.

* 1875

$36,592 98

$23,899 32

«13,193 66

1876

83,625 62

45,779 81

37,845 81

1877

158,141 25

60,235 31

97,905 94

1878

148,785 90

77,740 57

71,045 33

1879

182,158 46

106,819 90

75,338 56

1880

215,419 75

123,760 55

91,659 20

1881

219,077 88

183,206 41

35,781 47

1882

202,777 46

171,064 18

31,713 28

1883

266,330 00

209,337 00

56,993 00

1884

259,146 56

219,991 42

39,155 14

In the foregoing statement the net earnings are increased
by the amount of the annual rent of the Southern Vermont
Railroad, to wit : $12,000 ; but for the years 1883 and 1884
the said rent, being in arrears, is not included. Besides,
the net income for 1883 and 1884 is subject to a possible
reduction upon the settlement of some disputed claims
now pending against the State and arising, as is alleged,

* Six months.

972 Special Messages.

Greenfidd Rail- "'1^61' the contracts. The state's road is taken to be so
road and Hoosac maiiy miles of railroad, irrespective of the difficulties or
cost of its construction, and no arbitrary allowance is
made in favor of the State, because of the fact that a cer-
tain portion was carried through the mountain at immense
expense. Observing that the net income falls far short of
the sum needed to discharge the annual interest claim, no
one can reasonably expect that the state's property, by a
continuance of management under the system now in
practice, will yield a net profit sufficient to materially aid
the present sinking funds in discharging the tunnel debt at
maturity, or appreciably diminish the burden of taxation.
And this conclusion is clear, thous^h due recognition is
made of the actual increase in business already secured
over the road, and a liberal allowance be added for the
probable development in the future.

It is also to be borne in mind that this system offers the
occasion from time to time to seek, through legislative
enactment, relief from the obligations of the contracts in
force, and it does not appear of record that any modifica-
tion of such contracts has yet been made whereby the State
has realized enlarged pecuniary advantage.

But the insufficiency of this method is still more strongly
demonstrated in its substantial failure to subserve the high-
est interests involved in expeditious and cheap transporta-
tion. It necessarily obstructs the operation of the state's
railroad, as well as that of all others that endeavor to
co-operate with it, because it embarrasses every effort for
permanent and comprehensive arrangements with connect-
ing lines, whereby enlargement and concentration can be
accomplished. And this objection is altogether the most
urgent.

Realizing to the treasury no considerable income from
its investment, the Commonwealth sacrifices largely other
advantages by pursuing a policy that stifles development
and violates every sound and progressive principle in the
management of railroad business on an extensive scale.
It is of small consequence that all railroad corporations
may run over the state road on equal terms, however
favorable, if the result is a series of disconnected and
conflicting operations, limited to the localities covered by
the respective lines joining with the tunnel route. Indeed,
if no tolls were imposed, experience shows that no corpo-
ration that availed itself of the opportunity could even then

Tunnel.

Special Messages. 973

maintain successful competition for the o:reat throuo:h busi- Troy and

i. Co GreenJieH Rail-

ness aojuinst a rival line controlled under one combined road and noosac
system. It may be said in reply that traffic over the tun-
nel line has been very considerably enlarged from year to
year, and this is true : but there is not an expert in these
matters who will not declare that such business must have
been done at great disadvantage and at disproportionate
expense, and that combination and concentration over long
distances is the lesson and necessity of the present time.

EXCLUSIVE STATE OPERATION.

Although it will be entirely feasible for the State, after
present contracts are at an end, to put its road and tunnel
wholly under its own direct management and operation,
providing therefor all necessary equipment, and enter into
open competition for a share in the business of transport-
ing passengers and freight, still it is not to be expected
that so radical a departure from the ordinary province of
State jurisdiction and duty will be seriously urged, or, if
adopted, could be sustained against the sound and con-
servative sentiment entertained on this question by the
people. Grant for the moment that the State could oper-
ate its forty-four miles of railroad economically, and yet
it would fall far short of realizing the aggregate of possi-
ble benefits. There is not the least probability that power
would be granted to buy or lease other roads. No addi-
tion to the net income would be assured, and the people
would be left farther than they are even now from the
accomplishment of a concentrated, vigorous and fsir-reaeh-
ing conduct of railroad traffic between the East and the
West. A republican government cannot safely and
efficiently manage business of this character, and should
not attempt it except under imperative necessity. The
legislative and executive departments of our government
are not properly constituted to protect the interests of the
State in the inevitable struggle with rival railroad cor-
porations. The frequent changes that are constantly going
on among those who are elected to administer the impor-
tant trusts of public office, salutary as they may be in point
of political advantage, are radically destructive in the man-
agement of business affairs, for which experience, sagacity
and unity of action are essential.

974 Special Messages.

Greenfilki Rail- Ckims foY damages to persons and property, for lost
road and Hoosac baggage, and of all other possible descriptions, would be
pressed upon the Commonwealth, and, as it could not
afford to be without a soul, it could not disregard the
innumerable opportunities to demonstrate its benevolence
by liberal grants from its treasury. Whatever other ad-
vantages may be aimed at, it must not be overlooked that
every reasonable effort is demanded not to further involve
the iState in railroad management, but to extricate and
relieve it from the present complications as soon as may
be prudently done.

Without further argument, the conclusion may be stated
that this plan does not commend itself to the aj)proval
of the Governor and Council.

SALE OF THE EOAD AND TUNNEL.

No offer to purchase has been made to the Governor
and Council, and no estimate of tjje value of the state's
property has been communicated by those who may be
considered most competent judges, which could be prop-
erly entertained. Some persons strenuously urge that it
is best to sell the road and tunnel for the most favorable
offer, and at once sever the connection between them and
the State. Indeed, it is not at all improbable that there
may be some who will go so far as to say, " Give it away
to anybody who will take it, and let us hear no more
about it." But the sober, solid sense of the people will
not justify or tolerate any recklessness in the solution of
this important problem. There is no occasion or reason
for the Commonwealth to donate this valuable property,
or to sacrifice it for an inconsiderable sum. Happily the
State is in no financial distress. Though enough were
offered to supply the existing deficiency in the sinking
funds, as already stated, other considerations require such
a decision as shall not imperil the great undertaking or
forfeit the advantages sure to be realized from it. All
propositions for the purchase of the tunnel road will
doubtless contemplate its absolute separation from respon-
sibility to the State and commit it to the ownership and
supervision of private individuals or corporations. Such
disposition of the property? might easily result in sacrificing
every substantial benefit guaranteed in the construction of
the road. It is not necessary to that end that the purchaser

Special Messages. 975

actually close the tunnel and discontinue the use of the Qreenftl'id Rail-
road. That is not to be expected. But any manaojement road mui noosac

Tunnel

that should prevent or destroy competition, or should
regard chiefly the promotion of commerce with other sea-
ports instead of our own capital city, or that should subor-
dinate the interests of Massachusetts to the advancement
of any other state or community would accomplish a
virtual appropriation of the investments and resources of
onr Commonwealth to the creation and maintenance of
organizations that carry their strength elsewhere. Vast
sums of money, it is true, have been absorbed in the con-
struction of the roadway through the western range of
mountains and in extending the line of communication to
the boundary of the State, but the volume of business
handled yearly by the great transportation routes far
exceeds in value the entire outlay made by the State in
this enterprise, and there is no practicable limit to be set
to the accumulation of benefits resulting therefrom to the
city of Boston, to the rapidly growing and multiplying
communities alongr the line and its connections, and to the
inhabitants of the State at large.

Considering further the fact that several roads have
been put into connection with the tunnel road at large
expenditure and with reliance upon the terms established
in various acts of the Legislature, it is proper to inquire
whether the State will have kept good faith with the
owners of these roads if it shall sell its property to any
party without reserving certain privileges for these con-
necting roads. Besides, the tunnel constitutes to a con-t
siderable extent a monopoly by nature ^ and competition
by the construction of a parallel road within any near dis-
tance is not to be expected. This element was fully
appreciated by its projectors, by the State, and by all
corporations that have established connections with it. It
is not probable that any purchaser will accept the prop-
eity subject to such conditions except at a price quite
insignificant.

While, therefore, the sale and transfer of the tunnel
property outright to private parties might put a consider-
able sum into the treasury, relieve the State at once from
participation in its control, and aflTord an opportunity to
combine it into an extensive through line, capable of con-
ducting an enormous traffic, still the governor and council
are unanimously of the opinion that no such disposal of

976 Special Messages.

GnenhMd Rail- ^^^ property can prudently be made in view of the other
roaaandHoosac considerations stated and held to be controlline:.

Tunnel. o

CONSOLIDATION.

Much that might be urged on this point has already
been advanced or suggested in the discussion of the other
methods. Largely reduced expenses of management will
surely follow consolidation. 'J hat is the universal result.
Instances are numerous, but none more evident than in
the case of the Old Colony Kailroad, the Boston and
Albany Railroad, and the Boston and Lowell Railroad.
Indeed, it would be entirely reasonable to expect from a
consolidation of the tunnel road into a compact and vigor-
ous organization so great a reduction in the cost of oper-
ation, terminal charges and other outlay, as would exceed
the net income now accruing to the State under the toll-
gate plan.

The State owns a great public work, of vast capacity for
assistance to industrial and commercial interests, and it
should be managed in a business way, according to the
best experience in similar enterprises. The tendency
everywhere is to the union of small corporations into
those of larger amount and power. Public interests are
served by these consolidations. Business rules are ap-
plied to business undertakings, and in the long run sub-
stantial profit follows. The state's property can be put
to the greatest service, not by retaining it in its present
isolated position of comparative weakness and embarrass-
ment, but by joining it in consolidation with other lines
reaching eastward and westward, and under a strong,
harmonious and enterprising management, that shall com-
pel recognition and command a liberal share in the trans-
portation traffic across the country.

Nor are the benefits received alone at the terminal
points. Along the whole line industries are quickened
into greater activity and population multiplies. While,
therefore, a strong road may be established which will
form the western connections to which Boston must look
for her development as a point of export to European
countries, every town and city along the line in Massa-
chusetts will feel the impulse of the more energetic and
comprehensive policy.

Special Messages. 977

In providino; for such consolidation, the importance of 'f,"-^ Z"^'^^'''''^"-

1 o ' r^ tield Railroad

creating a corporation to be hirgely owned and managed audHoosac
in the interest of Massachusetts should not be overlooked,
and proper authority should be given for carriage over the
tunnel line of persons and property coming from or going
to roads now or hereafter connecting with it, upon reason-
able conditions.

Power should also be granted to the new corporation to
enter into contracts for the ownership or lease of lines
beyond the limits of the Commonwealth, to be operated as
a part of the whole system.

The governor and council believe that such a plan for
consolidation should be adopted, and that if all needful
provisions in detail be included, the capabilities of the
route will be rapidly developed and all the interests of the
public be protected. By it so great an increase in the
practical value of the state's property will be realized that
in a pecuniary sense the State will receive substantial
relief and an early separation be effected between the
financial concerns of the tunnel and those of the State.

CONCLUSION.

Make the case of the State, as it now stands in relation
to this valuable property, that of a private individual or
corporation, and the present emergency becomes so real
than any argument for prompt and eifective action is
plainly gratuitous. Nor must the fact be lost sight of that
the processes in such matters of state government are
necessarily slow and uncertain. The history of all great
public transactions, and none the less of those touching
the subject now in hand, furnishes the most abundant proof
that the people arrive at the objects desired only with
great diflBculty and after vexatious delays.

If the recomntiendations submitted shall commend them-
selves to your deliberate judgment, legislation will be re-
quired to accomplish the desired results. The general
railroad law is not sufficient to meet the exigency without
some modification, and general provisions to secure effi-
ciency of action and protection of all interests involved
must be enacted. Should you be of the opinion that full
details cannot be advantageously worked out by the Leg-
islature during its session, it may be advisable to confer
authority under proper limitations to act for the Common-

978 Special Messages.

wealth in the adjustment of all specific provisions and to
enter into the negotiations that must be had in order to
bring the question to a safe and acceptable determination.

[To the Senate and House of Representatives, March 5.]

Hog cholera. In Compliance with the request of the trustees of the

Massachusetts Society for Promoting Agriculture, I call
the attention of the legislature to the reported prevalence
of the epidemic known as hog cholera among the swine
in this State, and submit for your information a report
made by certain veterinary surgeons to the trustees.

A copy of the regulations made and published by the
cattle commissioners for the extirpation of the disease, is
also transmitted herewith.

No argument is needed to demonstrate the great im-
portance of the subject, or to present a justification for
specially inviting you, even amid the pressure of other
matters, to give it full and efficient consideration.

An examination of the provisions of Chapter 90 of the
Public Statutes, concerning contagious diseases among
cattle, horses and other domestic animals, will, I believe,
disclose the necessity of legislation to secure more certain
and prompt notice to the municipal authorities and to the
cattle commissioners of the existence of the disease, and
to provide for the employment of veterinarians from time
to time to assist the commissioners in investigation of
cases and in eradication of the plague.

The whole matter is respectfully commended to your
careful judgment.

[To the Senate and House of Representatives, April 7.]

Rogers Amero. I dccm it my duty to inform the members of the legis-
lature that I have received from the Honoral)le T. F.
Bayard, Secretary of State, a communication, covering a
copy of the petition of Rogers Amero of Digby, Nova
Scotia, and a copy of the letter of the British Minister,
resident at Washington, D. C, requesting that due con-
sideration be given to the matter.

Although the claim, now presented by Amero, was
very thoroughly investigated by your immediate pred-
ecessors and an adverse determination made thereon,
and has also been made the subject of extended comment

Special Messages. 979

by the Attorney General in his last report, still, in view
of the general desire of our people to afford a full oppor-
tunity to every person to present his statement of griev-
ances that he may believe he has suflered at the hands of
the Commonwealth, and in recognition of the high official
character of those through whom this matter has been
brought to my attention, I transmit all the papers to you
for such inquiry and action as to you shall seem proper.

[To the Senate and House of Representatives, June 18.]

An examination of the workshops connected with the workshops at
state prison has been recently made, by my order, by of- esaepnson.
ficers White, Dyson and Buxton, acting as inspectors, and
a copy of their report is herewith transmitted, accom-
panied with a plan of the premises particularly referred
to.

It will be apparent from the inspectors' report that re-
pairs not heretofore contemplated are required without
delay, not only with a view to save the property from de-
terioration, but also to guard against accidents which
might occur by reason of the weakness of the walls and
floors.

The simple presentation of the facts renders unnecessary
any argument in support of timely and efficient action,
and I therefore invite your consideration before the time
of your final adjournment.

Precise estimates of the amount of money needed for
the work cannot be prepared and given to you without
detaining you longer in session than now appears other-
wise probable ; but I am of the opinion, upon the infor-
mation furnished me, that authority should be granted for
the expenditure of twenty thousand dollars, or so much
thereof as shall be found necessary, for the purposes
named.

CHANGE OF KAMES.

CHAE^GE OF ^AMES OF PERSOlsrS.

In compliance with the requirement of the Public Statutes, Chap. 148, Sect. 14, returns of
the following Changes of Names have been received at the Department of the Secretary of the
Commonwealth, as decreed by the several Judges of the Probate Courts in their respective
Counties : —

SUFFOLK COUNTY.

Date of

Original Name.

Name Decreed.

llesideiico.

Decree.

1884.

Jan. 7,

Melvin Colville,*

Palmer Colville Tiffany,

Boston.

Frederick Earle Downing,*

Frederick Cross Pittee, .

Boston.

Grace May Totman,*

Grace Stanton Harrington, .

Brewster, Mass.

14,

Edgar Eccler,* . . . .

Alexis Edgar Trempe, .

Boston.

14,

Mary Bell McLoud,*

Isabella McLean, .

Capleton, Canada.

21,

Edith Eveline Blakie,* .

Mary Alice Cochran,

Boston.

21,

Mercy Grace Lubbin,*

Flossy Maud Willoby. .

Boston.

28,

Edward 0. Griffin,*

Edward 0. Byrd, .

Cambridge, Mass.

Feb. 18,

Pansey Drayton,*

Pansey Birch,

Boston.

18,

Monroe,*

Lawrence Vinal Hill, .

Boston.

Emily Manderville Herrick

Daly,

Emily Manderville Herrick, .

Boston.

11,

Henrv Hudson,*

Richard Corey Ames, .

Boston.

11,

Willie McDonald,* .

Francis Wallace Jordan,

Boston.

2o,

Margaret E. H. Friery,* .

Colenne Frances Williams, .

Boston.

25,

Mary Milner,* . . . .

Carrie Louise Bagley, .

Boston.

25,

Jacob Fitz-Herbert Sawyer,

Jacob Herl)ert Sawyer, .

Boston.

Mar. 3,

Mary Elizabeth Walker,*

Marion Sarah Barber, .

Boston.

10,

Charlotte (or Lottie) Gray.* .

Gertrude May Lippincott,

Boston.

17,

Augusta Greilach,* .

Augusta Miiller, .

Boston.

17,

George Henry,*

Charles Edwin Sprague,

Boston.

17,

Alice Maggie McDonald,*

Alice Maggie Woodman,

W(jlfville, N. S.

24,

Sarah Jane Smith,* .

Sarah .Jane Jackson,

Boston.

24,

Alice Towle,* . . . .

Alice Elizabeth Eraser, .

Boston.

24,

Alice Welch,* . . . .

Alice Walsh

Foxboro', Mass.

April 7,

Mabel F. Brainard,*

Mabel F. Davis, .

Boston.

James Robert Johnson, .

James Robert Corey,

Boston.

14,

Oscar Moore Eland,*

Oscar Alexander Ceppi,

Boston.

14,

Ida May Eraser,*

Ida May Tower.

Revere.

14,

Dennis Haggerty,

Dennis Haggert)- Nettles,

Boston.

14,

Annie Katharine Nietbamer,* .

Annie Katharine Nagale,

Boston.

21,

Edward Harnc),*

Arthur Edward Wight, .

Boston.

28,

Mary Elizabeth Bnllard,*

Mary Elizabeth Underwood,

Harrisville, N. H.

28,

Annie Elizabeth Dutfie, aliaa

Annie Duffle,*

Annie Elizabeth Sampson, .

Boston.

28,

Walter Smith,* . . . .

Charles Harry Donovan,

Palmer, Mass.

May 19,

Alice Bicknell,* . . . .

Alice May Gore, .

Boston.

26,

George Edgar Avery,

George Everett,

Boston.

* Changed by reason of adoption.

984

Change of Names.

SUFFOLK COUNTY — Continued.

Date of

Original Name.

Name Decreed.

Residence.

Decree.

1884.

May 26,

Mary Welch,* ....

Mabel Gertrude Clare, .

Oakham, Mass.

June 2,

Frank Stables Ramsay,* .

Frank Stables Locke, .

Boston.

Frederic Lowell,*

John Gadsl)y,

Boston,.

Joseph Magoun,*

Joseph Dillon,

Maiden, Mass.

1(),

Child of unknown parents,* .

Faith Goddard,

Boston.

16,

Clara B. LeGallee, .

Clara Bradbury. .

Boston.

16,

Sarah Jane LeGallee,

Sarah Jane Bradbury, .

Boston.

23,

Ralph Haven,* ....

Ralph Haven Kearnes, .

Boston.

23,

Clarence Arthur Littleficid,* .

Clarence Arthur Bugbee,

Boston.

23,

Henry John 'J'ailliez,*

Henry John Nicolas,

New York City.

July 7,

Edgar Cephas Burnham,*

Edward Knapp Butler, .

Boston.

Annie Wilkinson Dillingham,*

Annie Wilkinson Howe,

Boston.

William Edward Lanergan,

William Lanergan Edwards,

Boston.

Lena Toole, or Evelena Bell

Bradlev,*" ....

Eleanor Marie Den slow,

Boston.

14,

Estrella Madrid Huston,*

Stella Madrid Stinchfield, .

Boston.

14.

Mary Josephine Keeler,* .

Mary Josephine Gilmore,

Boston.

14,

Edith Augusta Salter,

Edith Agnes Salter,

Boston.

14,

Ehsabeth Sullivan,* . . ^

Elizabeth Frances Owens, .

Boston.

28,

Mabel L. Mingo,*

Mabel Ellen Morrison, .

Chelsea.

28,

John Henry O'Neill,

John Henry Neill, .

Boston.

28,

Sarah Crawford Peppard,*

l-ithel Harriet Williams,

Boston.

Aug. 18,

Oliver Garfield Branch,* .

Warren Gile, ....

Boston.

18,

Joseph Philip Raible,

Joseph Philip Ripley, .

Boston.

18,

Ellen Frances Raible,

Ellen Frances Ripley, .

Boston.

18,

Lorenzo Raible,

Lorenzo Ripley,

Boston.

18,

Margaret Martha Raible, .

Margaret Martha Ripley,

Boston.

Sept. 1,

Molly Garfield Brown,* .

Warreua Sawyer Phelps,

Boston.

Mary Lucas,* ....

Gracie May Edds, .

Sarah Eveline Tufts,*

Grace Adaline Ward,

Boston.

Annie Frances Tufts,*

Annie Louise Fillebrown.

Newburyport.

John Russell Hurd Codman, .

Stephen Russell Hurd Cod-

man,

Boston.

Daniel James Murphy,

Daniel James,

Boston.

William Augustus Pond,*

William Augustus Pond Alex-

aniler,

Boston.

22,

William Freeman,* .

William Wallace Remiek, .

Boston.

22,

Frederick Hendram Gosling,* .

Charles Edward Peabody, .

Boston.

22,

Cornelia Golden Kenney,*

Cornelia Golden Pope, .

Boston.

29,

James Moore,* ....

George Ernest Gillpatrick, .

Boston.

Oct. 6,

Jennie Hayden,*

Helen Gertrude Bates, .

Boston.

Mary Ella Symonds,*

Estelle Wood Jackson, .

Boston.

20,

Mj'ron Fellows Bodge,* .

Myron Fellows Ryder, .

Boston.

20,

Mary Dempsey, ...

Mary Eaton, ....

Boston.

20,

Albert Leslie Kidder,*

Albert Leslie Kidder Heath,

Manchester, N.H.

20,

Gracie Marshall,*

Gracie Bell Morrissey, .

Boston.

27,

Catherine Clark.*

Katie Mary Manchester,

Boston.

27,

Lorena Villiers,*

Lorena Quinn,

Boston.

27.

Daisey Derby Welch,* .

Daisey Derl)y Pulsifer, .

Boston.

Nov. 3,

Frank Darlington Jordan Lone,*

Frank Darlington Bailey,

Boston.

10,

Henry Thaxter,*

John Howard Thaxter, .

Boston.

17,

Grace Donovan,*

Gertie May Colburn,

Boston.

17,

Ada Florence Hammett,* .

Ada Florence Williams,

Boston.

17,

Mary Lenning,*

Elizabeth Knepel, .

Boston.

17,

Helen Morse,* ....

Flora Eugenia Warner,

Boston.

Dec. 1,

Flora Etta Adams,* .

Florenze Isabel Roath, .

Boston.

Lucy W. Clapp,

Alice Howland,

Boston.

Fanny Fisher,* ....

Mabel Parritt,

Boston.

* Changed by reason of adoption.

Change of ^N'ames.

SUFFOLK COUNTY — CoNCLVDED.

985

Date of

Original Name.

Ifame Decreed.

Residence.

Decree.

1884.

Dec. 8,

Clement Fowler,*

Fred Arsrene Pike, .

Boston.

Walter Albert Harvev,

Walter Elbert Chickering, .

Boston.

John Oak,* ....

Persewell .John Munton,

Boston.

Irene Sarah Rice,* .

Iiene Sarah floman,

Boston.

Gei'trude Stephenson,*

Gladdys May Woods, .

Boston.

la,

Henrv Napoli French,

Towneley Thorndike French,

Boston.

29,

Lula Belle Griffin,* .

Josephine Louisa Isabel

Greene, ....

Boston.

29,

Mary F. Vincente,* .

Mary F. Martines, .

Boston.

ESSEX COUNTY.

Jan. 7,

Jeffrie Bouvie,*

William Henry Landford,

Boston.

Maud G. Woodman, *

Grace Maud Sawyer,

Brooklyn, N. Y.

14,

Hattie M. Younir,* .

j Harriet Mabel Vittum, .

Gilmanton, N. H

28,

Grace E. Thomson, .

Ethel Parton, ....

Newburyport.

Feb 4,

Bertha A. Harding,* .

Bertha Alena Churchill,

Haverhill.

William T. Dayton, .

William Hardy Dayton,

Salem.

18,

Eldredge R. Morrison,*

Hermann Arthur Roeding, .

Boston.

Mar. 3,

John Peckham,*

Ernest Harold True,

Adamsville, R. I.

10,

Andrew M. Lopez,

Andrew Madison Ropes,

Salem.

17,

Mildred B. Carpenter,*

Sybil Avis Clarkson Kinsr, .

Lynn.

April 7,

Ruth Tarbuck,*

Ida Belle Manstield, ."^ .

Lowell.

21,

Jennie Russell,*

Jennie Rollins,

Fredericton, N. B

28,

Rexford H. Archer,*

Rexford Henry Holt, .

Haverhill.

Mav 5,

Blanche Beattie,

Blanche Elliot,

Peabody.

•5,

Susan C. Beattie,

Susan Catharine Elliot,

Peabody.

Mary Healey,* .

Florence Todd,

West Newbury.

Augustus L. Rhodes,*

Eusene Rlioades Fox, .

Lynn.

19,

William R. Brundridge,*

Willard Hatch Fisk, .

Boston.

July 7,

Amy P. Nourse,*

Amy Porter Oliver,

Lynn.

Alden G. Nourse,* .

Alden Guy Oliver,

Lynn.

14,

Edith M. Chandler,* .

Edith Modjeska Boardman, .

Haverhill.

14,

Clara M. Dalton,* .

Clara Mabel Marshall, .

Deerfield, N. H.

14,

Emily Hers,* .

Florence Emily Wilton,

Lawrence.

21,

Carrie J. Hutchins,* .

Carrie Juliette Piper,

S. Hampt'n,N.H

Aug. 4,

Annie J. Ryan, .

Annie J. Raleigh, .

Salem.

Sept. 1,
1,

George Brigham,*
Lula J. Mudge,*

George Lislie Friend,
Lula Kirkland Beale, .

Lynn.

Schmidt,* .

Martha Knetsch, .

Lawrence.

15,

Mary E. Hanson,

Mary Ellen Very, .

Danvers.

Oct. 20.

Thomas B. Martin,* .

Thomas Boardman Drownc, .

Newburyport.

20,

Arthur Muir,* .

Edward Arthur Undcrhill, .

Ipswich.

27,

Lucy V. Orrill,*

Lucy Viola Warren,

Lynn.

Nov. 10,

Andrews,* .

Fannie Emma White, .

North Andover.

Dec. 15,

Marion P. Fuller,* .

Marion Fuller Peabody,

Boston.

15,

Lenora Smith,*

Lenora Porter,

Taunton.

* Changed by reason of adoption.

986

Change of ^ames.

MIDDLESEX COUNTY.

Date of

Original Name.

Name Decreed.

Residence.

Decree.

1884.

Jan. 1,

Bernard Boland,

Charles William Ward,

Concord.

William Albert Bolton, Jr.,* .

William Albert Robinson, .

Boston.

Ellen McDonnell,* .

Ella Brownell.

Newton.

Edwin Esteale,*

William Whoell, .

Stoneham.

15,

Cora Mabel Cullcn,* .

Cora Mabel Pinkerton, .

Lowell.

22,

Lucy Jane Towns,* .

Lucy Jane Bickford,

Boston.

Feb. 12,

Henry John Giesin, .

Henry John Glcason, .

Wayland.

12,

Leora M. Chadwick, .

Leora M. Kingdon,

Cambridge.

Mar. 4,

Lillian May Catherine llice,* .

Lillian IMay Catherine Ham,

Cambridge.

11,

Katie Winslow Tilden,* .

Lily May Putnam, .

Brockton.

11,

Joseph Alma Flannery,* .

Robert Worcester, .

Boston.

11,

Lncy Annie Mannar,

Lucy Annie Hammond,

Newton.

25,

Edith Bancroft Wilkinson,* .

Edith Bancroft Hayes, .

Medford.

May 6,

Emma Jane Wannofsky, .

Emma Jane Browne,

Hopkinton.

Mary Adams Bassett,

Mary Adams Currier, .

Somerville.

Jennie Mabel NiL-^on,*

Jennie jNlabel I>indgvist,

Cambridge.

George Oliver Jenkins,* .

George Francis llaker, .

Waltham.

13,

George M. McAllister,* .

George Micluicl Hart, .

Boston.

13,

Ilansselaer Worth Thyng,

Ranford Worthing,

Lincoln.

13,

Celia Augusta Thyng,

Celia Augusta Worthing,

Lincoln.

13,

Edwin Ellsworth Thyng, .

Edwin Ellsworth Worthing, .

Lincoln.

13,

Enla Vehiia Thyng, .

Eula Velma Worthing, .

Lincoln.

13,

Luissa May Thyng, .

Luissa May Woi'thing, .

Lincoln.

13,

Frederick Howard Thyng,

Frederick Howard Worthing,

Lincoln.

13,

Daisy Maud Thyng, .

Daisy Maud Worthing, .

Lincoln.

13,

Eva Augusta Thyng,

Eva Augusta Worthing,

Lincoln.

20,

Hannah Robinson Hobson,

Etta Robinson Foster, .

Lowell.

27,

Mary Davis,* ....

Mary Louise Bavard,

Lowell.

27,

Walter Wild,* ....

Will'iam Walter "Royal, .

Boston.

June 3,

Josephine Nesmith,* .

Mabel Jane Buxton,

Lowell.

10,

Frank Alliert Norman,* .

Frank Clarence LeslieSpalding

Lowell.

July 1,

Frederick Da.y Adams,* .

Eugene Adams Dakin, .

Franklin.

Michael Hinifin,

Michael Hannaford,

Somcrville.

Margaret Hinifin,

Margaret llaiuiaford,

Somerville.

Mary L. Hinilin,

Mary L. Ilaniialurd,

Somcrville.

Annie Hinifin, ....

Annie Ilaninifonl, .

Somerville.

Louisa M. Hinitin,

Louisa M. Ilannaibrd, .

Somerville.

Frank H. Hinifin, .

Frank H. Hannaford, .

Somerville.

Edward E. Hinifin, .

Edward E. Hannaford, .

Somerville.

Robert E. Hinifin,

Robert E. Hannaford, .

Somerville.

15,

Jasper Paine Blake,*

Jasper Leon Fisk, .

Sanbornton, N.H.

22,

George Herbert Hebb,* .

George Herbert Gibbs, .

Boston.

Sept. 2,

John Palmer,* ....

Norman Brice Goodale, .

Wakefield.

James Brown,* ....

James Fleming Humphrey, .

Winchester.

Ida Gertrude Parsons,* .

Ida Gertrude Hersey, .

Bangor, Me.

Etta Maud McCallum,* .

Maud Charlott Carrie Smith,

Boston.

Madeleine M. Ncwkirk,* .

Grace Madeleine Adams,

New York City.

Harriet James,*

Margaret Georgiua Dolierty,

Arlington.

Josephine Ferguson,*

Lillian Josephine Fiske,

Sidney, C. B.

23,

Catherine Kennedy,*

Catherine Gildea, .

Natick.

Oct. 7,

Martha Ella Abbott, .

Ella Abbott Ewings,

Boxborough.

1^,

Alice Martha Richardson,*

Alice Martha Jefts,

Athol.

28,

Jane Berry,* ....

Jane Bowler, ....

Hopkinton.

28,

Eunice Ducey,* ....

Maud Fremont Parmenter, .

Sherborn.

28,

Evelyn Oscanyan Emerson,

Evelyn Russell Emerson,

Woburn.

Nov. 11,

Frederick Silas Gregory Rccd,

Frederick Reed,

Cambridge.

11,

Archie Noyes,* ....

Henry Sandow,

Natick.

25,

Jernsha B'. Fogg,

Jernsha B. Stanley,

Maynard.

Dec. 2,

Lena Furey,* ....

Laura Lena Bailey,

Boston.

Cora Dehlman,*

Cora Althea Nichols,

North Reading.

Changed by reason of adoption.

Change of Names.

987

WORCESTER COUNTY.

Date of

Original Name.

Name Decreed.

Residence.

Decree.

1884.

Jan. 1,
Feb. 5,

Harry Augustus Warner,
Henry Gilbert Brewin, .

Hard wick.
Athol.

Gilbert Henry O'Donnell,*

Katie Landergan,* .

Elsie Fiske

Athol.

Albert Lincoln Barrell,

Albert Lincoln Pratt,

Fitchburg.

19,

Carrie Eugenie Randall,*

Carrie Eugenie Church,

Worcester.

Mar. 4,

Agnes Williams,*

Emma A. Flagg, .

North borough.

18,

Ainos F. Coburn,* .

Amos Francis Frye,

Worcester.

18,

William P. Coburn,*

William Philip Frye,

Worcester.

18,

Catharine Callaban,*

Katie Black, . .

Leicester.

April 1,

George Franklin Pearce,*

George Franklin Bedore,

Spencer.

Lilla Etta Pearce,* .

Lilla Etta Bedore, .

Spencer.

15,

Clarence Cozzens Bates,*

Clarence Bugbee, .

Webster.

1.5,

Irving (^'arlos Mann,*

Irving Carlos Hill,

Milford.

May 6,

Charlotte Mav Avery,*

Charlotte May Dawson,

Worcester.

Edith Hope Avery,* .

Edith Hope Dawson,

Worcester.

June 3,

Jennie May Burt,*

Jennie Mary Clark,

Worcester.

Walter Burton Ball,*

Walter Burton Stockman,

Worcester.

17,

Clara Sophia Wright,*

Clara Mabel Ford, .

Spencer.

17,

. .. •

Edith May Green, .

Spencer.

July 1,

Alice Newton Sprague,*

Bessie Janette Hervey, .

Athol.

Clarence U. Mills,* .

Clarence U. Dyer. .

Athol.

If),

George Noble Duke,*

George Noble Chute,

Leominster.

15,

William Henry Hewcs,*

Alfred Lovell Southwick,

Douglas.

Sept. 2,

Cora Belle Moore,* .

Cora Belle Hayden,

Oxford.

Maude Sibley,*

Maude Sibley Chickering,

Westborough.

Henry Holly,* .

Frederick Henry Foster, ;

Worcester.

William Arthur P'arquliar

William Arthur Hill, .

Leominster.

Florence Estella Farquhai

Florence Estella Hill, .

Leominster.

16,

William Henry Newton,*

Eldmond William Duplease, .

Stiirliridge.

Oct. 28,

Bertha Flaglor,*

Marian Raymond Whitcomb,

Fitchburg.

Dec. 2,

Harriet Augusta Stearns,*

Harriet Darling Hoar, .

W^inchendon.

William Carey Gosnold,* .

William Carey Hoar,

Winchendon.

I88->.

Nov. 21.

Maude H. Payne,* .

Maude H. McConnell, .

Worcester.

1883.

June 19,

Foster,*

Eva Vesta Allen, .

Holden.

HAMPSHIRE COUNTY.

Marion Matilda Moss,*
Ellen Crane,* .
Emma Nancy Brown,*

Marion Matilda Gilbert,
Ellen Crane Egan, .
Emma Nancy Clark,

Had ley.

Northampton.

Huntington.

HAMPDEN COUNTY.

Robert C. Taylor,*

Mabel Martin,* .

Grade Emmagene Lester,*

Robert Charles Parsons,
Pearl Deborah Hortense Han-
son,

Mabel Louise Uschmann,
Gracie Lester Atkins,

Springfield.

Holyoke.
Holyoke.
Palmer.

* Changed by reason of adoption.

988

Change of IS'ames.

HAMPDEN COUNTY — Concluded.

Bate of
Decree.

Original Name.

Name Decreed.

Residence.

18.84.

April 1.

June 3,
3,
3,

Aug. 6,

Sept. 3,

17,

Oct. 1,

Josephine C. Cavanaugh,*
Willie DetTner *
Elizabeth Day *
Mabel lone Morgan,*
Anna Sophia Fennyery,*
Helen Gertrude Candec,*
Lizzie S. Streeter,* .
Minnie L. Streeter,* .
Edward Morse,*
Lucy Eliza Abbott,* .

Gracie Elizabeth Smith,
Stephen Austin Buxton,
Grace Monroe Pease, .
Harriet Lovisa Warner,
Anna Sophia Rebecka Frietag,
Helen Gertrude Bicknell,
Lizzie Streeter Parsons,
Minnie Palmer Adams, .
Edward Erving Waterman, .
Lucy Eliza Abbott Reed,

Palmer.

Springfield.

Chicopee.

Rome, N.Y.

Springfield.

Lenox.

Orange.

Springfield.

FR,ANKLIN COUNTY.

May 27.
June 17,
Sept. 2,
Oct. 28,

I Emily J. Pnrrington,*
Maud Dunkley,*
Henry G. Vincent,* .
Helen McGuire,*

Emilv J. Bassett, .
Maud E. Williams,
Henry G. Bowman,
Helen M. Peck,

Charlemont.
Orange.
Montague.
Shelburne.

NORFOLK COUNTY.

Feb.

Mar.

26
April 2
May 28

28
Sept. 10

17
Nov. 12

Sadie Madan,* .

Anna Madan,* .

Nellie Frances Madan,* .

Edith Helen Shaw,* .

Franklin McEachern,* some-
times called Franklin Ham-
ilton Watson, .

John William Eccles,*

Caroline Murray,*

Benjamin Greely Cole,

Mary Tufts Howe, .

Cora Rawson Curtis,*

Frank Howard Foote,*

Mary Linnean,* .

Louis Gabriel Fuchs,*

Ethel Cook, .
Anna Welister,
Nellie Frances Smith, .
Edith Helen Bullock, .

Franklin Loring Weston,

William Henry Baker, .
Louise Everett Thompson,
Benjamin Greeley Favor,
Mary Elizabeth Tufts, .
Cora Rawson Ryder,
Frank Howard Hamlin,
Lucy Watson Gay,
Louis Edward Whicher,

Holbrook.
llolbrook.
Holbrook.
Brockton.

Natick.

Chelsea.

Boston.

Dedham.

Medfield.

Bralntree.

Boston.

Sharon.

Quincy.

PLYMOUTH COUNTY.

Jan. 14,
Feb. 25,
April 28,
June 9,
Sept. 22,
Oct. 13,
13,

13,
13,
27,
27,
Dec. 22,

Gertrude Atkins,*

Julius W. Jachimonicz, .

Mary Emma Simmons,* .

Clara H. Snow, .

Mytell Mary Henderson,*

Sadie C. Atwood,* .

Jessie Josephine Chamberlain,

Charles Henry Goodwin,*
Luzon A. Weeks,*
Clarence Merton,*
Susan B. Robertson, .
Nettie Russell,* .

Gertrude Bernice Stone,
Julius W. Paul, .
Emma Mabel Rarasdell,
Clara H. Thompson,
Mytell May Stedman, .
Liilie Gridley,
Josei)hine Chamberlain

Walker,
Charles Henry Grow. .
Luzon Anselm Damon, .
Clarence Merton Allen, .
Susan B.. Holmes, .
Nettie Russell Haven, .

Brockton.

Rockland.

East Bridgewater.

Duxbury.

Brockton.

East Bridgewater.

Rochester.

Brockton.

Kingston.

Brockton.

* Changed by reason of adoption.

Change of Names.

989

BRISTOL COUNTY.

Date of
Decree.

Original Name.

Name Decreed.

I8S4. 1

Feb.

15,

Mar.

7,
7,

21,

April

IS,

18,

3Iay

16,

June

«,

July

I'-i,

12,

Au^.

Sept.

Oct.

17,

Dec.

Hattie Rvder,* .
Bessie E."^ Short,*
Mav Jane Davis,
Mary A. Whalley,* .
Olive Estella Brown,*
Joseph Hudson Carlow,*
Mary E. Cumiskey,*.
Carrie Trenliohn Steves,*
Lottie INIalicI Smith,*
Emma Vv'cstfall,*
James Burns,
Mabel Anthony Taylor,*
Abel Brooks,* .
James Smith,
Nellie Josephine Spencer,*
Fred Lawrence Harvey,
Nameless child, .
Floretta Mabel Brown,*
David Davis,* .
Mabel E. McGann,* .
Emma M. Burns,*
Winnonah A. Manchester
Howard Pratt * ,

Georgianna Pell, .

Bessie E. Rhodes, .

Name unchanged, .

Mary Whalley Whittaker,

Olive Estella Hack,

Joseph Hudson Howes,

Mary E. McKenzie,

Carrie Trenholm Short, .

Charlotte Theresa Schneider

Beatrice HInlou,

James Smith, .

Mabel Anthony Fiske, .

Abel Tong, .

James Callen, .

Nellie Josephine Perdom,

Name unchanged, .

Walter Gray, .

Ethel May Campbell, .

David Greene,

Paulina Mathilda Hansen,

Emma M. Haskins,

Maud Elizabeth Prew, .

Howard Pratt Adams, .

New Bedford.

Attleborough.

Somerset.

Fall River.

Mansfield.

Taunton.

Westport.

New Bedford.

Tiverton, R. I.

Attleboi'ougli.

Fall River.

Providence, R. I.

Fall River.

Taunton.

Boston.

Ray n ham.

Westport.

Fall River.

Woonsocket.

Taunton.

Fall River.

Boston.

BARNSTABLE COUNTY.

May 21,
Aug. 12,
Sept. 9,

Helena White,* .
Inez I. Chute,* .
Willie Dempster,*

Georgia Warren Gould,
Inez M. Crocker, .
Albert W. Hinckley, .

Chatham.

Provincetown.

Falmouth.

DUKES COUNTY.

June 2,
Oct. 15,
Nov. 1,

George C. AVheeler,* .
Beatrice Fuller,*
Ruth E. Defose,

George Cromwell Greene,
Daisy Mary Wesley,
Rutli E. Chadwick,

Cottage City,
Cottage City.
Cottage City,

NANTUCKET COUNTY.

April 10,

John R. Sylvia,

John M. Sylvia,

Nantucket.

* Changed by reason of adoption.

\ii!.

THE

CIVIL GOVERNMENT

Commonwealth of gtassacfjusetts.

AND OFFICERS IMMEDIATELY CONNECTED THEREWITH
FOR THE POLITICAL YEAR

1885.

EXECUTIVE DEPARTMENT.

HIS EXCELLENCY

GEOKGE D. KOBINSOIS',

Governor.

Edwin A. Grozier Private Secretary,

Edward F. Hamlin Executive Clerk..

HIS HONOR

OLIVER AMES,

Lieutenant-Governor.

COUNCIL— (By Districts).

I. — JONATHAN BOURNE New Bedford

II. — WARREN E. LOCKE Norwood.

III. — JOHN HASKELL BUTLER Somerville.

IV.— PATRICK MAGUIRE . . . . . , Boston.

v. — EDWARD H. HASKELL Gloucester.

VI. — ABRAHAM B. COFFIN Winchester.

VIL — HENRY C. GREELEY Clinton.

VIII. — ZENAS CRANE, Jr Dalton.

HENRY B. PEIRCE.

Secretary of the Commonwealth.

Henry J. Cooi.ij)Gb, 1 st Clerk. Isaac H. Edgett, 2rf Cle7-k.

George G. Spear, Jr., 3d Clerk.

DANIEL A. GLEASON,

Treasurer and Receiver-General.
John Q. Adabis, 1st Clerk. George S. Hall, 2d Clerk.

CHARLES R. LADD,

Altjitor or Accounts.
William D. Hawley, 1st Clerk. Edward S. Davis, 2d Clerk.

EDGAR J. SHERMAN,

Attorney-General.
Harvey N. Shepard, Assistant Attorney-General.

LEGISLATIVE DEPARTMENT.

GENERAL COURT:

Arranged in Accordance with the District Revision of 1876.

SENATE.

President — ALBERT E. PILLSBURY.

District.

Name of Senator.

Residence.

First Suffolk, .

Wesley A. Gove,

Boston.

Second "

Ezra J. Trull, .

Boston.

Third* "

Alexander B. McGahey, .

Boston.

Fourth "

John F. Andrew,

Boston.

Fifth

Henry F. Naphen,

Boston.

Sixth

Albert E. Pillsbury, .

Boston.

Seventh "

Paul H. Kendriciien,

Boston.

Eighth "

George L. Burt,

Boston.

First Essex,

Josiah C. Bennett, .

Lynn.

Second "

William Cogswell, .

Salem.

Third

William H Tapjoan,

Manchester.

Fourth "

George W. Morrill, .

Amesbury.

Fifth

Charles B. Emerson,

Bradford.

Sixth

Newton P. Frye,

North Andover.

First Middlesex,

Eleazar Boynton,

Medford.

Second "

Augustus E. Scott, .

Lexington.

Third

Henry J. Wells,

Cambridge.

Fourth "

Francis Bigelow,

Natick.

* Seat contested; declared vacant and new election held March 3, 1885. Alexander
B. McGahey elected. Qualified March 12-

Senate.

995

Name of Senator,

Fifth Middlesex,
Sixth

Seventh "
First Worcester
Second "
Third
Fourth "
Fifth

Hampshire,
First Hampden
Second "
Franklin, .
North Berkshire
South "
First Norfolk,
Second "
First Plymouth
Second "
First Bristol,
Second "
Third
Cape,

George W. Sanderson,
John M. Harlow,
George A. Harden,
Martin V. B. Jefferson
Arthur F. Whitin,
Charles A. Denny,
Thomas P. Root,
Henry S. Nourse,
Myron P. Walker,
William R. Sessions,
James R. Dunbar,
Levi J. Gunn, .
S. Proctor Thayer,
Herbert C. Joyner,
Frank M. Ames,
Edward I. Thomas,
Charles H. Howland
Horace Reed, .
Frederick L. Burden
Job M. Leonard,
Eben C. Milliken,
Howes Norris, .

Littleton.

Woburn.

Lowell.

Worcester.

Northbridge.

Leicester.

Barre.

Lancaster.

Belchertown.

Hampden.

Westfield.

Greenfield.

North Adams.

Gt. Barrington.

Canton.

Brookline.

Plymouth.

South Abington.

Attleborough.

Somerset.

New Bedford.

Cottage City.

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

Clerk.

Chaplain.

Sergeant-at-Arms.

996

House of Eepeesentatives.

HOUSE OF REPRESENTATIYES.

Sj^eaJcer — JOR^ Q. A. BRACKETT.

COUNTY OF SUFFOLK.

1st,

2cl,

3d,
4th,
5th,

6th,

7th,

8th,

9th,

10th,

11th,

12th,

13th,

14th,

Town or Ward.

Boston, Ward 1,

Boston, Ward 2,

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

Boston, Ward G,

Boston, Ward 7,

Boston, Ward 8,

Boston, Ward 9,

Boston, Ward 10,

Boston, Ward 11,

Boston, Ward 12,

Boston, Ward 13,

Boston, Ward 14,

Name of Representative.

Jesse M. Gove,
Peter Morrison,

Daniel F. Kelly, .
James E. Fitzgerald,

George A.Sanderson.
Patrick T. Barry,

Oliver Prime, .

Philip J. Doherty,
John R. Murphy,

Dennis J. Leahy,
Edward J. Flynn,

Daniel McLaughlin,
Dominick J. Harkins,

Matthew Dolan,
Patrick D. Dwyer, .

Augustine H. Read,
Julius C. Chappelle,"

Jacob A. Dresser, .
Prentiss Cummings,

William F.Wharton,
Edward P. Wilbur,

Edward J. Fossitt,
John R. Farrell,

John J. Maguire,
Robert C. Murray,

Richard F. Tobin,
John A. Collins,

Boston.
Boston.

Boston.

Boston.
Boston.

Seated by Resolution of Jan. 20, 1885, in place of Charles A. Prince ; qualified 2l8t.

House of Kepresentatives.

COUNTY OF SUFFOLK— Concluded.

997

District.

Town or Ward.

Name of Eepresentative.

Residence.

15th,

Boston, Ward 15,

{

Michael J. Creed, .
William Corbett, .

Boston.
Boston.

16th,

Boston, Ward 16,

{

Jeremiah Desmond,
James Donovan, .

Boston.
Boston.

17th,

Boston, Ward 17,

{

John Q. A. Brackett,
Charles C. CoflSn, .

Boston.
Boston.

18th,

Boston, Ward 18,

{

William A. Rust, .
Alanson W. Beard,

Boston.
Boston.

19th,

Boston, Ward 19,

{

John J. Madden, .
Patrick F. Devney,

Boston.
Boston.

20th,

Boston, Ward 20,

{

Michael J. McEttrick,
John E. Ward,

Boston.
Bost(»n.

21st,

Boston, Ward 21,

{

Halsey J. Board man,
Samuel G. Davis, .

Boston.
Boston.

22d,

Boston, Ward 22,

Thomas F. Hunt, .

Boston.

23d,

Boston, Ward 23,

{

William H. Spooner,
William C. Peters, .

Boston.
Boston.

24th,

Boston, Ward 24,

{

Hazard Stevens,
John Pierce, .

Boston.
Boston.

25th,

Boston, Ward 25,

Charles L. Randall,

Boston.

26th,

rChelsea,Wds.l,2,3,41
i Revere, . . . >
( Winthrop . . J

Thomas Strahan, .
Simeon Butterfield,
Albert S. Burnham,

Chelsea.
Chelsea.
Revere.

COUNTY OF ESSEX.

f Rockport, . . "^
\ Gloucester, Ward 7, /

/ Gloucester, Wards \
\ 1, 2, 3, 4, 6, 6, /

( Gloucester, Ward 8, "^
J Essex, . . . !
j Manchester, . . j
\^ Hamilton, . . j

John G. Dennis,

Henry Friend,
Cyrus Story, .

David L. Haskell,

Rockport.

Gloucester.
Gloucester.

Essex.

998

House of Representatives.

COUNTY OF ESSEX — Continued.

4th,
6th,
6th,

7th,

8ht,
9th,

10th,

11th,
12th,

13th,

14th,
15th,

16th,

17th,

18th,

Town or Ward.

C Wenham, . . ^^
\ Danvers, . . /

Beverly, .
Salem,Wardsl,2,6,|

Salem,Wards3,4,6,/

( Marblehead, . . "i
\ Swampscott, . . /

Lynn, Ward 3,
fLynn, Wards 1,2,4
\ Nahant, .

Lynn, Ward 6,

Peabody,

( Saugus, .
J Lynn field,
I Middleton,
1^ Topsfield,

/ Andover,

\ North Andover,

{Boxford, .
Rowley, .
Ipswich, .

{Newbury,
Newburyp't, Wards
1,2,3,4,5,6,

(Georgetown, .
Groveland,
Bradford,

f West Newbury,
I Salisbury,
j Amesbury,
1^ Merriraac,

Name of Representative.

N. Porter Perkins, .

Chai'les L. Dodge, .

Robert S. Rantoul, .
Edward Collins,

Patrick F. Tierney,
Timothy Bryant,

Samuel Roads, Jr.,
Samuel O. Ingalls,

Frank W. Jones, .

Amos Beckford,
Pati'ick S. Curry, .
William B.Moulton,

Daniel Mullen,

William H. Brown,

John H. Towne,

Charles Smith,

William A.Stackpole,

Henry M. Cross,
Willard J. Hale,

John B. Farrar,

Alex. M. Huntington
Moses C. Smith,

Wenham.

Beverly.

Salem.
Salem.

Salem.
Salem,

Marblehead.
Swampscott.

Lynn.

Lynn.
Lynn.
Lynn.

Lynn.

Peabody.

Topsfield.

Andover.
Ipswich.

Newburyport.
Newburyport.

Bradford.

Amesbury.
W. Newbury.

House of Repeesentatives.

COUNTY OF ESSEX — Concluded.

999

District.

Town or Ward.

Name of Kepresentative.

Kesidence.

19th,

f Haverhill, Wards lA
\ 2,3,4,5,6, .\
l^Methuen, . .J

William H. Johnson,
Edw.G. Fi-othingham,
John E. Sawyer,

Haverhill.
Haverhill.
Methuen.

20th,

/ Lawrence, Wards 1, \
\ 2,3, . . ./

Edw'd F. O'Sullivan,
John F. McQueeney,

Lawrence.
Lawrence.

21st,

/ Lawrence, Wards 4, \
\ 5,6, . . ./

James Murphy,
Milton B. Townsend,

Lawrence.
Lawrence.

COUNTY OF MIDDLESEX.

1st,

/ Cambridge, Wards \
\ 1,5, . . ./

William A.Bancroft
Woodward Emery,

Cambridge.
Cambridge.

2d,

J Cambridge, Wards J

George C. Bent,
Geo.D. Chamberlain,
John W. Wilkinson,

Cambridge.
Cambridge.
Cambridge.

8d,

Cambridge, Ward 3,

William E. Doyle, .

Cambridge.

4 th,

Somerville, Ward 1,

Levi F. S. Davis, .

Somerville.

6th,

Somerville, Ward 2,

William H. Flynn, .

Somerville.

6th,

/ Somerville, Wards \

\ 3,4, . . .;

Joseph W. Bailey, .

Somerville.

7th,

Medford,

John H. Hooper, .

Medford.

8th,

f Maiden, Wards 1,2,^

3,4,5,6, . .
^, Everett, . . .J

Joshua H. Millett, .
George W. Walker,

Maiden.
Maiden.

9th,

Melrose, .

John W. Farwell, .

Melrose.

10th,

Stoneham,

George Cowdrey, .

Stoneham.

11th,

Wakefield, .

Arlon S. Atherton, .

Wakefield.

12th,

('Reading, . ."^
< North Reading, . V
\^ Wilmington, . .J

Horace G. Wadlin, .

Reading.

13th,

Woburn,

John P. Crane,

Woburn.

14th,

C Arlington, . . "\
\ Winchester, . . /

Samuel J. Elder, .

Winchester.

1000

House of Eepresentatives.

COUNTY OF MIDDLESEX — Continued.

Town or Ward.

15th,
16t.h,
17th,

18th,

19th,

20th,
21st,
22d,
23d,
24th,
25th,

26th,

27th,

28th,
29th,

30th,
31st,

rWatertown, .
\ Belmont,

/Newton, Wards 1
\ 2,3,4,5,6,7,

/ Waltham, Wards 1
\ 2, 3, 4, 5, 6, 7,

f Lexington,
I Burlington,
] Bedford,
l^ Billerica,

f Tewksbury,
Chelmsford,

Tyngsborough,

l^ Dracut,
Lowell, Ward 1,
Lowell, Ward 2,
Lowell, Ward 3,
Lowell, Ward 4,
Lowell, Ward 5,
Lowell, Ward 6,

f Concord,
! Acton,
j Carlisle, .
l^ Lincoln, .

f Weston, .
j Wayland,
; Sudbury,
^^ Maynard,

Natick, .

/Holliston,
\ Sherborn,

r Hopkinton,
\ Ashland,

Framingham,

Name of Representative.

J.Varnum Fletcher,

Elijah W. Wood, .
Willard Marcy,

Erskine Warden, .

Henry Wood, .

Perley P. Perham,

John J. Hogan,
Joseph S. Brown,
Frank J. Donahoe,
Solon W. Stevens,
Joseph M. Wilson,
Fred. T. Greenhalge,

Charles W. Parker,

Alvin D. Russell, .

Alexander Blaney,
Clement P. Dozois,

Alonzo Coburn,
John Clark, .

Belmont.

Newton.
Newton.

Waltham.

Bedford.

Chelmsford.

Lowell.
Lowell.
Lowell.
Lowell.
Lowell.
Lowell.

Acton.

Maynard.

Natick.
Holliston,

Hopkinton.
Framinffham.

House of Eepresentatives.

COUNTY OF MIDDLESEX — Concluded.

1001

District.

Town or Ward.

Name of Representative.

Residence.

32d,
33d,

34th,

35th,

Marlborough, .

f Hudson, . . .'i
. Stow, . , . !
' Boxborough, . . |
(^Littleton, . .)

f Westford, . ."1
t Groton, . . .1
[ Dunstable, . . '
l^ Pepperell, . . j

fAver, . . .")
1 Shirley, . . . !
j Townsend, . . j
l^Ashby, , . .)

Wm. N. Davenport,
Wm. F. Trowbridge,

Noah Prescott,

Julian W. Eastman,

Marlborough.
Hudson.

Westford.

Townsend.

COUNTY OF WORCESTER.

1st,
2d,

3d,

4th,

oth,

6th,
7th,

f Blackstone,
\ Uxbridge,

(Mendon, .
Milford, .
Upton, .

f Northbridge,
\ Grafton, .

f Westborough,
\ Southborough,

f Clinton, .
j Berlin,
1 Bolton, .
«{ Sterling, .
I Lancaster,
I Harvard, .
^^ Lunenburg,

■ Fitchburg, Wards 1,
2, 3, 4, 5, 6,

f Winchendon,
Ashburnham,

\ Gardner, .
Westminster,

[Princeton,

Daniel Wheelock, .

James F. Stratton, .
Henry J. Bailey,

Benj. L. M. Smith,
Edwin B. Harvey,

Henry Hyde, .
Frank L. Wilder,

Harris C. Hai'twell,
Benjamin F. Wallis,

Roderic L. Bent,
Charles J. Rice,

Blackstone.

Milford.
Milford.

Northbridge.
Westborough.

Berlin.
Sterling.

Fitchburg.
Fitchburg.

Gardner.
Winchendon.

1002

House of Kepresentatives.

COUNTY OF WORCESTER — Continued.

8th,
9th,

10th,

11th,

12th,

13th,

14th,
15th,

16th,

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

Town or Ward.

( Athol, .
\ Royalston,

f Petersham,

Phillipston,

Tenipleton,

1^ Hubbardston,

f Dana,

Hard wick,
{ Barre,

Oakham, .
(^ New Braintree

f Rutland, .

Holden, .

Paxton, .
l^ Leicester,

f West Brookfield,
Warren, .
Brookfield,
No. Brookfield,

\^ Sturbridge,

C Spencer, .

Charlton,

Southbridge,
tOxford, .

{Douglas, .
Webster,
Dudley, .

(Auburn, .
Mill bury,
Sutton, .

f Shrewsbury,
! North borough

Boylston,

t^ West Boylston, . j
Leominster,
Worcester, Ward 1,
Worcester, Ward 2,
Worcester, Ward 3,

Name of Representative.

Residence.

Wash'n H. Amsden,

Emory S. Bates,

George Manly,

Henry W. Warren,

Edwin D. Goodell, .
David B. Wight, .

Allen L. Joslin,
Henry G. Lamb,

Philip Smith, .
Osgood H. Waters, .

Horatio Houghton, .

James Hadley,
Augustus N. Currier,
Henry M. Smith, .
John F. O'Connor, .

Athol.

Phillipston.

Hardwick.

Holden.

Brookfield.
Sturbridge.

Oxford.
Charlton.

Dudley.
Millbury.

West Boylston.

Leominster.
Worcester.
Worcester.
Worcester.

House of Representatives.

COUNTY OF WORCESTER — Concluded.

1003

District.

Town or Ward.

Name of Representative.

Residence.

21st,

Worcester, Ward 4,

James J. Tierney, .

Worcester.

22d,

Worcester, Ward 6,

Joseph S. Perry,

Worcester.

23d,

Worcester, Ward 6,

Loring Coes, .

Worcester. '

24 th,

Worcester, Ward 7,

Emerson Warner, .

Worcester.

25th,

Worcester, Ward 8,

Joseph Mason,

Worcester.

COUNTY OF HAMPSHIRE.

f Easthampton, .
J Northampton, W'ds
) 1,2,3,4,5,6,7,
1^ Southampton, .

fHadley,
! Hatfield, .

Weslhampton,

l_ Williamsburg,

( Chesterfield,
I Curamington,
I Goshen, .
<j Huntington,
Middlefield,
I Plainfield,
(^ Worthington,

( Amherst,
j Pelham, .
1 Prescott, .
1^ South Hadley,

f Belchertown,
I Enfield, .
■{ Gran by, .
I Greenwich,
I, Ware, .

Charles N. Clark,
Flavel K. Sheldon,

Charles Cook,

Metcalf J. Smith,

Henry H. Goodell,

William C. Eaton,

Northampton.
Southampton.

Hadley.

Middlefield.

Amherst.

Ware.

COUNTY OF HAMPDEN.

f Monson, .
! Brimfield,
j Holland, .
I, Wales, .

Wilson M. Tucker,

Monson.

1004

House op Representatives.

COUNTY OF HAMPDEN — Concluded.

District.

2d,

3d,
4th,

6th,

7th,
8th,
9th,

10th,
11th,

Town or Ward.

f Palmer, . , A

! Wilbraham, . . i

j Hampden, . . j

^_ Ludlow, . . .J

Chicopee,

/ Springfield, Wards \

\ 1,2, . . ./

/Springfield, Wards \

\ 3,6, . . ./

''Springfield, Wards "\

^ 4,7, . . .1
l^ Longmeadow, .)

f Springfield, Wards
\ 5,8, . ,

/Holyoke, Wards 1,\
\ 2,3,4,5, . ./

/'Holyoke,Wards6,7,\^
\ West Springfield, . /

f Westfield,
< Agawam,
( Montgomery,

'Southwick,
Granville,
Tolland, .
Bland ford,
Chester, .

^Russell, .

Name of Representative.

Moses H. Warren, .

Matthew Ryan.

Charles W.Richards,
Charles C. Smith, .

William F. Cook, .

Edmund P.Kendrick,

Edwin S. Stacy,
John H. Wright, .
Ashton E. Hemphill,

Charles N. Oakes, .
Eber A. Egleston, .

Marshall V. Stowe,

Hampden.

Chicopee.

Springfield.
Springfield.

Springfield.

Holyoke.

Westfield.
Westfield.

Granville.

COUNTY OF FRANKLIN.

1st,

( Erving, .
! Warwick,
j Orange, .
l^ New Salem,

Samuel Hastings,

Warwick.

House or Representatives.

COUNTY OF FRANKLIN — Concluded.

1005

Town or Ward,

f Montague,
I Sunderland,
>( Levevett, .
Shutesbury,
^Wendell,

(Greenfield,
Gill,
Shelburne,

(Deerfield,
Conway, .
Whately,

fNorthfield,
I Bernardston,
-{ Leyden, .
I Colrain, .
1^ Heath, .

f Ashfield, .
I Buckland,
! Charlemont,
j Hawley, .
I Rowe,
l^ Monroe, .

Name of Eepresentative.

Chas. W. Hazelton,

Edwin Baker,

Pharcellus D, Bridges,

Henry W. Webster,

Ansel L. Tyler,

Montague.

Shelburne.

Deerfield.

Northficld.

Charlemont.

COUNTY OF BERKSHIRE.

( Hancock,
I Lanesborough,
-{ New Ashford,
I Williamstown,
(^ Clarksburg, .

r Adams, .
\ North Adams,

rPittsfield,
\ Dalton, .

f Florida, .

Savoy,
I Cheshire,
■{ Windsor,

Washington,
I Peru,
l^ Hinsdale,

Bushnell Danforth,

Moses B. Darling, .
John S. Adams,

Dewitt C. Munyan,
John Allen Root, .

Edwin Tremain,

Williamstown.

North Adams.
Adams.

Pittsfield.
Pittsfield.

Hinsdale.

1006

5th,

6th,

7th,

8th,

1st,

2d,
3d,

4th,
5th,
6th,

7th,
8th,

House of Repeesentatives.

COUNTY OF BERKSHIRE — Concluded.

Town or Ward.

fBecket, .

J Lee,

] Otis,

^^ Tyringham, ,

( Richmond,

J Lenox, .

I Stoekbvidge, .•

l^ West Stockbridge,

f Alford, .

j Egremont,

; Great Barrington,

(^ Monterey,

fMt. Washington.

! New Marlborough
j Sandistield,
l^ Sheffield,

Name of Representative.

Henry C. Phelps,

Chauncey Sears,

Alfred S. Fassett,

Charles A. Claflin,

Lee.

Lenox.

Gt. Barrington.

Sandisfield.

COUNTY OF NORFOLK.

f Dedham, .
\ Norwood,

Brookline,

Hyde Park,

f Milton, .
\ Canton, .

{Quincy, .
Weymouth,

/ Braintree,
\ Holbrook,

f Randolph,
J Stoughton,
I Sharon, .
1^ Walpole,

f Franklin,
I P'ox borough,
^ Wrentham,
I Bellingham,
(^ Medway,

Tyler Thayer,

Clement K. Fay,
Samuel R. Moseley,

J. Walter Bradlee, ,

Herbert M.Federhen
George A. Cushiug,
Francis Ambler,

Willard F. Gleason,

William Neale,
William W. Hurley,

William H. Wade,
William F. Ray,

Norwood.

Brookline.
Hyde Park.

Milton.

Quincy.

Weymouth.

Weymoutn.

Holbrook.

Stoughton.
Randolph.

Wrentham.
Franklin.

House or Representatives.

COUNTY OF NORFOLK — Concluded.

1007

District.

Town or Ward.

Name of Representative.

Residence.

9th,

fNeedham,

1 Dovei",

«; Medfleld,

1 Norfolk, . . . 1

l^Wellesley, . J

Enos H. Tucker, .

Needham.

COUNTY OF PLYMOUTH.

1st,
2d,

3d,

4th,
5th,
6th,

7th,
8th,
9th,

10th,

11th,

/Hingham,
\HulJ,

(Cohasset,
Scituate, .
South Scituate,

f Marshfield,
j Pembroke,
} Hanson, .
^_ Halifax, .

f Duxbury,
J Kingston,

Plympton,

1^ Carver,
Plymouth,

f Wareham,

! Rochester,
! Marion, .
l^ Mattapoisett,

/ Middleborough,
\ Lakeville,

/ Bridgewater, .
\ East Bridgewater,

r Rockland,
\ Hanover,

{Brockton, Wards 1,
2, 3, 4, 5, 6, 7, .
West Bridgewater,

( Abington,

\ South Abington,

Joseph O. Burdett, .
Chas. A. Litchfield,

John Barker, .

Albert M. Thayer, .
Arthur Lord, .
Edward F. Handy, .

Albert T. Savery, .
Nahum Leonard, .
Isaac Oilman Stetson

John J. Whipple, .
Warren T.Copeland,

James F. Cox,

Hingham.
So. Scituate.

Hanson.

Duxbury

Plymouth.

Wareham.

Middleboro'.
Bridgewater.
Hanover.

Brockton.
Brockton.

Abincrton.

1008

House of Representatives,
county of bristol.

District.

Town or Ward.

Name of Representative.

Residence.

1st,

f Attleborough, . ^
< Norton, . . . \
{ Mansfield, . . J

Moses Lincoln,
George A. Adams, .

Norton.
Attleborough.

2d,

TEaston, . . .">
\ Raynham, . . /

Alson A. Gilmore, .

Easton.

3d,

f Taunton, Wards 1,^
<^ 2, 3, 4, 5, 6, 7, 8, . ^
[Berkley, . . J

Zacheus Sherman, .
Benj. S. Bosworth, .
Horace W. Durgin,

Taunton.
Taunton.
Taunton.

4th,

f Acushnet, . . ^
i Fairhaven, . . I
[Freetown, . J

Henry H. Winslow,

Freetown.

6th,

/New Bedford, W'ds\
\ 1,2,3,. . ./

Oliver P. Brightman,
Augustus Swift,

New Bedford.
New Bedford.

6th,

/ New Bedford, W'ds \
\ 4,5,6,. . ./

E.Williams Hervey,
Thomas W. Cook, .

New Bedford.
New Bedford.

7th,

f Westport, . . '^
\ Dartmouth, . . /

Edward C. Almy, .

Dartmouth.

8th,

/Fall River, Wards/
1 1,2,3,4,0,6, .|

Bernard J. Conway,
Augustus P. Gorman,
Michael Tootle,

Fall River.
Fall River.
Fall River.

9th,

fFall River, Wards ^
W,8,9,. . A
[Somerset, . .J

fSeekonk, . .")

Robert Henry,*
John C. Milne,

Fall River.
Fall River.

10th,

J Swanzey, . . !
j Rehoboth, . . |
(^Dighton,. . .J

George N. Goff, .

Rehoboth.

COUNTY OF BARNSTABLE.

1st,
2d,

{Sandwich,
Bourne, .
Falmouth,

f Barnstable,
\ Mashpee,

Asa P. Tobey,
Zenas E. Crowell, .

Falmouth.

Barnstable.

* Elected Feb. 3, 1885, qualified Feb. 11, in place of James F. Davenport, who did not
take his Beat, and deceased Jan. 17.

House of Representatives.

COUNTY OF BARNSTABLE — Concluded.

District.

Town or Ward.

Name of Representative.

Residence.

3d,

f Yarmouth,
\ Dennis, .

}

Joshua Crowell,

Dennis.

4th,

f Harwich,
\ Chatham,

}

Ambrose N. Doane,

Harwich.

5th,

f Brewster,
J Orleans, .
1 Eastman,

1, Wellfieet,

Tully Crosby, Jr., .

Brewster.

6th,

r Truro, .

\ Provincetown,

}

Benjamin D. Atkins,

Provincetown.

COUNTY OF DUKES COUNTY.

1st,

( Chilraark,
I Cottage City,
! Edgartown,
I Gay Head,
I Gosnold, .
t^Tisbury, .

COUNTY OF NANTUCKET.

1st,

Nantucket,

John W. Hallett,

Nantucket.

1009

EDWARD A. Mclaughlin,

DANIEL W. WALDRON,
O. F. MITCHELL,

. Clerk.

. Chaplain.

. Sergeant-at-Arms.

JUDICIAL DEPAETMENT.

SUPREME JUDICIAL COURT.

CHIEF JUSTICE.

MARCUS MORTON, of Andover.

ASSOCIATE JUSTICES.

WALBRIDGE A. FIELD, of Boston.

CHARLES DEVENS of Worcester.

WILLIAM ALLEN of Northampton.

CHARLES ALLEN, of Boston.

WALDO COLBURN, of Dedham.

OLIVER WENDELL HOLMES, Jr., ... 0/ Boston.

SUPERIOR COURT.

CHIEF JUSTICE.

LINCOLN F. BRIGHAM, of Salem.

ASSOCIATE JUSTICES.

JULIUS ROCKWELL, .
ROBERT C. PITMAN, .
JOHN W. BACON,
P. EMORY ALDRICH, .
WILLIAM S. GARDNER,
HAMILTON B. STAPLES,
MARCUS P. KNOWLTON,
CALEB BLODGETT, .
ALBERT MASON, .
JAMES M. BARKER, .

of Lenox,
of Newton,
of Natick.
of Worcester,
of Newton,
of Worcester.
of Springfield,
of Boston,
of Brookline.
of Pittsfield.

Judicial Depaetment.

1011

JUDGES OF PROBATE AND

JOHN W. McKIM, Boston, .
GEORGE F. CHOATE, Salem, .
GEORGE M. BROOKS, Concord,
ADIN THAYER, Worcester,
WILLIAM G. BASSETT, Easthampton,
WILLIAM S. SHURTLEFF, Springfield,
CHESTER C. CONANT, Greenfield, .
JAMES T. ROBINSON, North Adams,
GEORGE WHITE, Newton,
JESSE E. KEITH, Abington, .
WILLIAM E. FULLER, Taunton,
HIRAM P. HARRIMAN, Wellfleet,
JOSEPH T. PEASE, Edgartown,
THADDEUS C. DEFRIEZ, Nantucket,

INSOLVEXCY.

. Suffolk.

. Essex.

. Middlesex.

. Worcester.

. Hampshire.

. Hampden.

. Franklin.

. Berkshire.

. Norfolk.

. Plymouth.

. Bristol.

. Barnstable.

. Dukes.

. Nantucket.

REGISTERS OF PROBATE AND INSOLVENCY.

ELIJAH GEORGE, Boston,
JEREMIAH T. MAHONEY, Salem, .
JOSEPH H. TYLER, Winchester,
FREDERIC W. SOUTHWICK, Worcester
HUBBARD M. ABBOTT, Northampton.
SAMUEL B. SPOONER, Springfield, .
FRANCIS M. THOMPSON, Greenfield,
EDWARD T. SLOCUM, Lee, .
JONATHAN COBB, Dedham, .
EDWARD E. HOBART, Bridgewater,
JOHN H. GALLIGAN, Taunton,
FREEMAN H. LOTHROP, Barnstable,
HEBRON VINCENT, Edgartown, .
SAMUEL SWAIN, Nantucket, .

Suffolk.

Essex.

Middlesex.

Worcester.

Hampshire.

Hampden.

Franklin.

Berkshire.

Norfolk.

Plymouth.

Bristol

Barnstable.

Dukes.

Nantucket.

DISTRICT ATTORNEYS.

OLIVER STEVENS, Boston,
WILLIAM B. STEVENS, Stoneham, .
HENRY F. HURLBURT, Lynn, .
EVERETT C. BUMPUS, Weymouth,
HOSEA M. KNOWLTON, New Bedford,
WILLIAM S. B. HOPKINS, Worcester,
ANDREW J. WATERMAN, Pittsfield,
DANIEL W. BOND, Northampton, .

Suffolk.

Northern.

Eastern.

South-Eastern.

Southern.

Middle.

Western.

North- Western

1012

Judicial Department.

SHERIFFS.

JOHN B. O'BRIEN, Boston,
HORATIO G HERRICK, Lawrence, .
HENRY G. GUSHING, Lowell, .
AUGUSTUS B R. SPRAGUE, Worcester
JAIRUS E. CLARK, Easthampton, .
HIRAM Q. SANDERSON, Springfield,
GEORGE A. KIMBALL, Greenfield, .
HIRAM B. WELLINGTON, Pittsfield,
RUFUS C. WOOD, Dedham, .
ALPHEUS K. HARMON, Plymouth,
ANDREW R. WRIGHT, Fall River, .
LUTHER FISK, Dennis, .
JASON L. DEXTER, Edgartown, .
JOSIAH F. BARRETT, Nantucket, .

. Suffolk.

. Essex.

. Middlesex.

. Worcester.

. Hampshire.

. Hampden.

. Franklin.

. Berkshire.

. Norfolk.

. Plymouth.

. Bristol.

. Barnstable.

. Dukes.

. Nantucket.

CLERKS OF COURTS.

GEORGE W. NICHOLS, Boston, Clerk of the Supr

Court for the Commonwealth.
JOHN NOBLE, Boston, Supreme Judicial Court,
JOSEPH A. WILLARD, Boston, Sup. Ct , Civil Term,
JOHN P. MANNING, Boston, Criminal Term,
DEAN PEABODY, Lynn, ....
THEODORE C. HURD, Cambridge, .
THEODORE S. JOHNSON, Worcester,
WILLIAM H. CLAPP, Northampton,
ROBERT O. MORRIS, Springfield, .
EDWARD E. LYMAN, Greenfield, .
HENRY W. TAFT, Pittsfield, .
ERASTUS WORTHINGTON, Dedham,
WILLIAM H. WHITMAN, Plymouth,
SIMEON BORDEN, Fall River,
SMITH K HOPKINS, Barnstable, .
SAMUEL KENISTON, Edgartown, .
JOHN F. BROWN, Nantucket, .

eme Judicial

Suffolk.
Suffolk.

Essex.

Middlesex.

Worcester.

Hampshire.

Hampden.

Franklin.

Berkshire.

Norfolk.

Plymouth.

Bristol.

Barnstable.

Dukes.

Nantucket.

Members of Coxgress.

1013

MEiMBERS OF THE FORTY-NmTH CONGRESS.

[Congressional Districts established by Chap. 253, Acts of 1882.]

Senators.

HENRY L. DAWES,
GEORGE F. HOAR,

of Pittsjield.
of Worcester.

Representatives.

District I. — ROBERT T. DAVIS,
II. — JOHN D. LONG, .

III. — AMBROSE A. RANNEY,

IV. — PATRICK A. COLLINS,
v. — EDWARD D. HAYDEN,

VI. — HENRY B. LOVERING,
VIL — EBEN F. STONE, .
VIII. — CHARLES H. ALLEN,
IX. — FREDERICK D. ELY,
X. — WILLIAM W. RICE,
' XL — WILLIAM WHITING,
XIL — FRANCIS W. ROCKWELL,

of Fall River,
of Einghavi.
of Boston,
of Boston,
of Woburn. •
of Lynn,
of Newburyport.
of Lowell,
of Dedham.
of Worcester,
of Eolyoke.
of Pittsfield.

CommoHfatalt^ of P^assac^usctts.

Secretary's Department, Boston, July 20, 1885.

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

I further certify that the tables showing the changes
made in the general statutes by the legislation of the
present year have been prepared and are published as an
appendix to this edition of the laws by direction of the
Governor, in accordance with the provisions of Chap. 238
of the Acts of 1882.

HENRY B. PEIRCE,

Secretary of the Commonioealth.

INDEX.

IN DEX.

Page

Abatement of clues or taxes for school books, 546

Abington, town of, water supply for, 649

Academy, Conway, may transfer property to the town of Conway, . 639

Accountant of the board of railroad commissioners, compensa-
tion of, 612

Acton, town of, may refund certain taxes, 786

Administration, original, may be granted after twenty years from

death of an intestate, 685

may be granted without notice in certain cases, . . . 697

Administrators of intestate estates, may give bonds without sureties

upon consent of pai'ties interested, 718

Adulteration, of milk and butter, 809

of vinegar, 604

Advertisements, legal, relating to, 678

of hearings before legislative committees, .... 841

Agawam, Feeding Hills Old Cemetery Association in, incorporated, . 599

Aged and destitute clergymen. Society for relief of, may hold addi-
tional personal property, 838

Aged and destitute women in Salem, Association for relief of, may

hold additional estate, 518

Agents, fraudulent, punishment of, • , 672

Aid to soldiers and sailors, may be entrusted to a grand army post

for disbursement, 638

Aid, state, for widows of certain soldiers and sailors, . . . 648

salary of third commissioner of, 660

Agriculture, board of, additional copies of the report of the secretary

to be printed, 901

Agricultural experiment station, Massachusetts, report of board of

control to be printed, 921

allowances to, 781, 920

Agricultural College, allowance for buildings, repairs, etc., . . 920

trustees of, additional number of reports to be printed, . . 901

Almshouse, state, improvements and repairs at, 906

iv Index.

Page
Ambulance corps for each brigade of the militia, .... 678

Amendment to the constitution, relative to voting precincts in

towns, to be voted upon by the people, 908

Amendment to the constitution, proposed, to provide for biennial

elections, 926

to provide for biennial sessions of the general court, . . 927
American Watch Company, name changed to American Waltham

Watch Company, 519

Amherst Water Company, may mortgage franchise and property to

secure its bonds, 711

Amusement, public places of, discrimination in respect to admission

to, on account of race or color, prohibited under penalty, . 774
Animals, domestic, contagious diseases among, suppression of, . 603

Antiquarian Society, Rehoboth, incorporated, 584

Approprl^tions :

3Iaintenance of Government, —
Legislative, Executive, Secretary's, Treasurer's, Auditor's,
Attorney-General's, Agricultural, Educational, Tax Commis-
sioner's and Military Departments, 503

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

Courts, and District-Attorney's, salaries 500

Maintenance of Government, further additional, —
Legislative, Executive and Agricultural Departments, Com-
missioners, State House, miscellaneous, incidental and con-
tingent expenses, 527

mileage and compensation of members of the legislature, for
for compensation of officers and for other purposes, . . 499

charitable expenses, 509

salaries and expenses at the state workhouse, . . . .511
salaries and expenses of the district police force, . . . 511
salaries and expenses at the state almshouse, .... 512
salaries and expenses at the state prison, the Massachu-
setts reformatory and the reformatory prison for women, . 512
printing and binding public documents, for editing regis-
tration report, purchase of paper, publishing laws and pre-
paring tables and indexes to the statutes, .... 514
compensation and mileage of officers and men of the volun-
teer militia, and for other expenses of the military de-
partment, 515

salaries and expenses at the state industrial school for girls, 517
salaries and expenses at the state primary school at Monson, . 517
salaries and expenses at the Lyman school for boys, . .517
compensation and expenses of the commissioners on inland

fisheries, 518

incidental, contingent and miscellaneous expenses of the

various departments and commissions of the government, . 527
certain educational expenses, 533

Index. v

Page
Appropriations — Coucluded.

deficiencies in appropriations for certain expenses author-
ized in the year eighteen hundred and eighty-four and pre-
vious years, . . . 573

compensation and expenses of the board of civil service

commissioners, 573

repairs, improvements and furniture at the state liouse in

tlie year eigliteen hundred and eighty-four, .... 579
expenses autliorized in the year eighteen hundred and eighty-
five, 618, 894:

purchase of land and erection of new buildings for the Lyman

school for boys at Westborough, 622

salaries and expenses at Lyman school for boys, . . . 695
expenses authorized the year eighteen hundred and eightj^-

flve, and for certain other expenses, 723

Massachusetts reformatory at Concord, 758

expenses of legislative committees, 774

repairs at state prison, for rent for commissions, and for

miscellaneous expenses, 889

financial estimates for, to be made to the auditor, . . . 531

Arlington, The First Uaiversalist Society of, name established, . 721

Arlington Orthodox Congregational Societj', name established. . 720
Armories, amount of rent for, return under oath to be made to the

adjutant-general, 602

Armory rents to be paid to certain cities and towns, .... 902

Arras of the Commonwealth, 730

Art school, state normal, a building provided for, .... 785
Ashburnbam Railroad Company may sell its road to the Fitchburg

Railroad Company, 693

Ashby, Orthodox Congregational Church in, incorporated, . . 621

Asiatic cholera, protection from, 916

Assessment of betterments, notice to be given to the party to be

charged, 753

Assessment plan of life and casualty insurance, 624

Assessment and registration of voters, regulated, .... 712
Assessors of taxes, to enumerate and return the number of swiue

and neat cattle assessed, 575

duties, oath, etc., 815

Assistant register of deeds, women may hold office of, . . . 509

Association, Barre Library, incorporated, 574

Feeding Hills Old Cemetery, in Agawam, incorporated. . • . 599

Greylock Park, incorporated, 612

Improved Dwellings, incorporated, 591

Mission Park, may convey real estate to Williams College, . 553

Nemasket Hill Cemetery, in Middleborough, incorporated, . 567
North Weymouth Cemetery, portion of land may be taken for

a highway, 623

Sachem Lodge Cemetery, in Pembroke, incorporated, . . GGS

vi Index.

Page

Association for tlie relief of aged and destitute women in Salem, may

hold additional estate, 518

Auditor of the Commonwealth, to lay before the general court, on
the second Wednesday in January, the financial estimates
for appropriations, 531

Auditor of the Commonwealth, and first clerk, salaries established, . 642

Automatic or interlocking signals at railroads crossing at grade, . 558

Bail in criminal cases, fees for taking and approving, . . . 594
Ballots, recount of, in cities, upon question of licensing sale of intox-
icating liquors, 697

counterfeiting of, penalty for, 690

Balmer, William J., allowance for injuries received in camp, . . 903

Bankrupt and insolvent debtors, special judgments against, . . 541

Bank, Savings, Belmont, incorporated, 538, 786

Citizens', in Reading, incorporated, 522

Emigrant, deposits uncalled for may be paid into the state

treasury, 550

North Middlesex, incorporated, 539

Somerville, incorporated, 523

Peoples, in Holyoke, incorporated, 557

The Canadian Co-operative, name established, .... 840

Banks, co-operative, relating to, 586

Banks, savings, and institutions for savings, copies of records, etc.,

to be competent evidence, 561

investments, 578, 589, 806

payment of orders on, in case of death of the drawer, . . 658

Baptist Education Society, Northeni, may hold additional estate, . 549

Barker, James M., allowance to, 914

Barre Library Association, incorporated, 674

Bastardy cases, issuing of warrants in, 731

Belmont, town of, water supply for, 742

Belmont Savings Bank, incorporated, 538, 786

Berkley, Proprietors of the Fox Cemetery in, incorporated, . . 647
Berkshire County and Fire District of Pittsfield, may construct cer-
tain sewers, 755

Berkshire Railroad Company, freight rates of, .... . 789

Bets, registering of, relating to, 795

Betterments, assessment of, notice to be given to the party to be

charged, 753

Beverly, town of, water supply for, 733, 742

Biennial elections, proposed amendment to the constitution to pro-
vide for, 926

Biennial sessions of the general court, proposed amendment to the

constitution to provide for, 927

Index. vii

Page
Blind, Perkins Institution and Massacliiisetts School for, admission
and instruction of pupils in, under supervision of the board

of education, 585

Blueflsh, not to be taken with seines, etc., in certain waters of Vine-
yard Sound, 610

Bkiefish and striped bass in the waters of Edgartown, act for pro-
tection of, repealed, 690

Board of cattle commissioners, to be appointed by the governor, . 875

Board of gas commissioners, to be appointed by the governor, . 7G9
Board of health, lunacy and charity, a district police officer may be
detailed to furnish information to, concerning parents of

unprotected children, 609

may place insane persons at board in families, .... 803
Board of police for the city of Boston, to be appointed by the gov-
ernor, 777

Board of registration in pharmacy, established, 767

Boards of health, vacancies in, 758

Boat-house, floating, on Charles River, George Faulkner may main-
tain, 607

Bonds of administrators of intestate estates, without sureties upon

consent of parties interested, ....... 718

Bonds, official, to be annually examined as to sufficiency, . . . 521

Bonds of public warehousemen, relating to, 614

Bonds to the judge of a probate court, 684

Books, school, authority to purchase and sell, by school committees,

repealed, 610

Boston, city of, inspection and construction of buildings in, . . 843
municipal court of, special sessions of; a second assistant

clerk for civil business, ........ 532

municipal court of, clerk may imprint fac-simile of signature, . 776
municipal court of the Brighton district, salary of the stand-
ing justice, .......... 536

municipal court of the Dorchester district, salary of justice;

clerk to be appointed, 552

licenses for sale of intoxicating liquors in, signing and record-
ing, ............ 557

municipal debt and rate of taxation limited, .... 621

may take land for improved system of sewerage, . . . 690

charter amended, 700

may take land and construct thereon a court house, . . 873
board of police for, to be appointed by the governor, . . 777
park commissioners may consti'uct a public park near Dor-
chester Point in South Boston, 817

salary of mayor may be increased 818

preservation of health in buildings in, 884

allowance for support of state paupers, 919

Boston Chamber of Commerce, may became a corporation, . . 687

viii Index.

Page

Boston Children's Friend Society, may become the gnardian of minors, 818
Boston Commercial Exchange and the Boston Produce Exchange,

may unite and form one corporation, 687

Boston Limited Partnership Company, incorporated, .... 655

Boston and Albany Railroad Company, lease of North Brookfield

Railroad to, to take effect on being ratified by stockholders, 508

expenditures for maintenance of suits against, . . . 922
Boston, Barre and Gardner Railroad and the Fitchburg Railroad,

may unite, .......... 637

Boston, Concord and Montreal Railroad, lease to Boston and Lowell

Railroad, confirmed, 592

property leased to Boston and Lowell Railroad, may be dis-
posed of, etc., .......... 655

Boston and Lowell Railroad, leases of the Northern Railroad and

Boston, Concord and Montreal Railroad to, confirmed, . 592
may hold and dispose of property leased to it by the Boston,

Concord and Montreal Railroad, 655

consolidation with the Troy and Greenfield Railroad, . . 749

Boston and Maine Railroad Company, provisions affecting, . . 696

Boston and Cambridge, bridge over Chai'les River, between, . . 592
Boundary line, between this state and New Hampshire, commission

to establish, . . • 922

between the towns of Hanover and Pembroke, . . - 630

between the towns of Quincy and Milton, 616

between the towns of Mashpee and Falmouth, .... 808

Bounties to certain soldiers, town of Braintree may pay, . . . 53G

town of Quincy may pay, 520

Bourne's Cove in Wai'eham, dike and bridge across mouth of, . . 676
Boys, Lyman school for, inmates may be temporarily detained at

Willow Park in Westboi'ough, 559

trustees may purchase farm in Westborough and remove in-
mates thereto, .......... 604

Bradford and Haverhill, footway between, across Merrimack River, 727

Braintree, town of, water supply for, 662

may pay bounties to certain soldiers, 536

Bridge across Bourne's Cove in Wareham, 676

Bridge, over Charles River between Boston and Caml>ridge, draw to

conform in width to draws in bi-idges below, . . . 592

from Fairhaven to Long and West Islands, .... 753

over Green Harbor River, in Marshfield, 692

across Little Harbor, town of Cohasset may build, . . . 676
over the east branch of the Westport River, town of Westport

may build, 537

Bridges across Lee's River and Cole's River, county commissioners

may build, 547

Bridgewater, town of, to be reimbursed for furnishing court room, . 594
Trinity Church in, trustees may transfer property to the Trus-
tees of Donations to the Protestant Episcopal Church, . 537

Index. ix

Page
Brighton district of the city of Boston, municipal court of, salary of

justice, ........... 536

Bristol County, commissioners may lay out highways and build

bridges across Lee's River and Cole's Eiver, . . . 54:7

commissioners to rebuild jail at New Bedford, . . . 659

judge of probate and insolvency of, salary of, . . . . 612

Brockton, city of, charter amended, 685

police court of, established, 607

sessions of superior court at, 593

Brookfield, town of, may raise money for a history of the town, . 572
Brookline, town of, may make appropriations annually for shade

trees and shrubs, 539

Brookline Social Club, name changed to Brookline Club, . . . 518

Building Company, Essex County, may purchase land iu Salem, . 551

Building Company, Real Estate and, charter extended, . . . 562

Buildings in the city of Boston, inspection and construction of, . 843

preservation of health in, 884

Bureau of statistics of labor, additional rooms to be provided for, . 907

additional reports to be printed, 901

to furnish information concerning co-operative distribution in

Great Britain, 915

Burial lot, family rights of the widow and family in, . . . . 756

Burials and cemeteries, relating to, ...... . 719

Butter, inspection and sale of, 809

Cambridge, city of, part of Watertowu annexed to, . . . . 543
house of correction in, chapel and workshop to be provided, . 615
First Parish in, Trustees of ministerial fund in, may make cer-
tain investments, 698

Third Congregational Society in, may be formed, . . . 781
Cambridge and Boston, bridge over Charles River, between, . . 592
Cambridgeport Parish, the Third Congregational Society in Cam-
bridge and the Lee Street Church in Cambridge may unite, . 781
Canadian Co-operative Bank, The, name established, . . . 840

Cans, milk, penalty for defacing, 593

act regulating capacity of, repealed, 600

Canton, town of, water supply for, 562

Carlisle, town of, proceedings at town meeting confirmed, . . 787
Carriages and other vehicles, selectmen may make rules foi' the regu-
lation of, 643

Cases in court for violation of laws relating to sale of intoxicating

liquors, disposition of, 817

Casualty and life insurance on the assessment plan, .... 624

Cattle commissioners, board of, to be appointed by the governor, . 875

Cemeteries and burials, relating to, • 719

X Index.

Page

Cemetery, Fox, Proprietors of, incorpoi'ated, 647

Old, in Norwood, grade may be cliauged, 586

Cemetery Association, Feeding Hills, in Agawam, .... 599
Nemasket Hill, in Middleborough, incorporated, . . . 567
North Weymouth, portion of laud may be taken for a highway, 623
Sachem Lodge, in Pembroke, incorporated, .... 668
Cemetery Corporation, Walnut Grove, of Danvers, may hold prop-
erty for improvement of cemetery, 610

Census, decennial, subdivision of cities for purpose of taking, . . 608

printing and distribution of, 910

Central Massachusetts Railroad, consolidation with the Troy and

Greenfield Railroad, 749

in relation to, 782

Certificates of election of representatives, to be returned within fif-
teen days, 576

Chamber of Commerce, Boston, may become a corporation, . . 687

Chambers, John L., eligible to receive military aid, .... 905

Cliange of names in 1884, 983

Charitable Irish Society, additional real and personal estate ; may is-
sue bonds for building purposes, 843

Charles River, bridge over, between Boston and Cambridge, width

of draw in, 592

Chatham, town of, proceedings at town meeting confirmed, . . 566

Checks, payment of, in case of death of drawer, .... 658
Chicopee, the Board of Trustees of the Perkins Street Methodist
Church of, name changed to The Trustees of the Central

Methodist Episcopal Church of, 560

Children, employment of in manufacturing, etc., establishments,

regulated 672

minor, penalty on father for not supporting, .... 621

Cholera, Asiatic, for protection from, 916

Church, Follen, name established, 537

Methodist Episcopal, of Greenfield, organization confirmed, . 606

Orthodox Congregational, in Ashby, incorporated, . . . 621
Church of the Redeemer in Lexington, name changed to Follen

Church, -537

Cities, municipal debt and rate of taxation in, limited, . . . 765

polling places in the voting precincts in, 598

subdivision of, for taking decennial census, .... 608
Cities and towns, may lease public buildings to posts of the Grand

Army of the Republic, 541

may appropriate any sum of money necessary for aid to sol-
diers and sailors, 638

to give notice concerning state poor infected with dangerous

diseases, 658

clerks of , to keep indexes of recorded instruments, . . . 638

clerks of, duties in relation to naturalization, etc., . . . 802

may license skating rinks, 642

Index. xi

Cities and towns, may license groves for picnics, etc., . . . 759

City of Boston, charter amended, 700

inspection and construction of buildings in, .... 843

rate of taxation and municipal debt limited, .... 621

may take land for improved system of sewerage, . . . 690

board of police for, to be appointed by governor, . . . 777

salary of mayor may be increased, 818

park commissioners may construct a public park near Dorches-
ter Point in South Boston, 817

may take land and construct thereon a court house, . . 873

preservation of health in buildings in, 884

allowance for support of state paupers, 919

licenses for sale of intoxicating liquors in, signing and record-
ing, ............ 557

municipal court of, special sessions for ; a second assistant to

the clerk for' civil business, ....... 582

municipal court of, clerk may imprint fac-simile of signature, 776
municipal court of the Brighton district of, salai'y of the

standing justice, 536

municipal court of the Dorchester disU'ict of, salary of justice ;

clerk to be appointed, . . . . . . . . 552

City of Brockton, charter amended, 685

police court of, established, 607

sessions of superior court at, 593

City of Cambridge, part of Watertown annexed to, . . . . 543

City of Fall Kiver, charter amended and consolidated, . . . 705

City of Fitchburg, charter amended, 819

City of Lawrence, charter amended, 804

City of Northampton, may issue securities to renew water loan, . 582

City of Salem, water supply for, 739

City of Somerville, overseers of the poor of, 542

City of Springfield, charter amended ; election of aldermen, . . 545
City of Worcester, may take the old common and rights of the first

parish thei'ein, for public park, etc. , 596

public pai'ks and shade trees in, 611

allowance for grading certain streets in, 918

Citizens' Savings Bank, in Reading, incorporated, .... 522

Civil government, lists of national, state, district and county officers, 992

Civil service commissioners, rooms to be provided for, . . . 899

Clerks, fraudulent, punishment of, 672

Clerks of cities and towns, to keep indexes of recorded instruments, 638

duties in relation to naturalization, etc., 802

Clerks of courts, duties in relation to naturalization, . . . . 802
Clerks of superior coui't, and of the municipal court in Boston, may

imprint fac-simile of signature, 776

Clergymen, aged and destitute. Society for relief of, may hold addi-
tional pei'sonal property, 838

Club, Brookliue, name established, 518

xii IXDEX.

Page

Club, The Brookline Social, name changed, 518

The Rod and Gun, name changed, 547

Winthrop, name established, 547

Coal, unsafe oils made from, to be used as fuel; the preparation,

storage and sale of, 568

Cohasset, town of, may build bridge across Little Harbor, . . 676
Cole's Eiver and Lee's River, county commissioners may lay out

highways and build bridges across, 547

Color or race, discrimination on account of, in respect to admission

to public places, etc., prohibited, 774

College, Agricultural, additional reports of trustees to be printed, . 901

allowance for buildings, repairs, etc., 920

College, Williams, real estate may be conveyed to, by the Mission

Park Association, 553

Delta Psi Society of, charter amended, 721

Commerce, Boston Chamber of, may become a corporation, . . 687

Commission on general system of drainage, allowance to, . . 913

Commissions, new, accommodations for, 923

Commissioner of state aid, third, salary established, .... 660
Commissioners to take acknowledgments of deeds in foreign coun-
tries, qualification of, 521

Commissioners, cattle, appointment and tenure of office of, . . 875

Commissioners, county, correction of returns of votes for, . . 675
sevei'ally, may at other times than at regular meetings receive
certain petitions and take recognizances thereon ; hearings

by the board, 561

Commissioners, gas, board of, to be appointed by the governor, . 769
Commissioners, harbor and land, to have supervision of the Con-
necticut River, 801

Commissioners on inland fisheries, authority to lease great ponds,

repealed, 577

to enforce laws for protection of lobsters, .... 694
Commissioners of prisons, clerical assistance for, .... 537
Commissioners, railroad, may allow system of interlocking or auto-
matic signals at railroads crossing at grade, .... 558

salary of clerk, 585

compensation of accountant, 612

may regulate sounding of locomotive whistles, . . . 787
may regulate freight rates on roads operated by the Housatonic

Railroad, 789

to inquire into discrimination in charges by the Hudson River

Bridge Company, 921

Commissioners of wrecks and shipwrecked goods, relating to, . . 792

Committees of the legislature, advertisement of hearings before, . 841
Common victuallers, licensed to sell intoxicating liquors, not to sell

the same on election days, 661

Composition with creditors in insolvency, 811

Complaints, form of, in certain criminal prosecutions, . . . 600

IxDEX. xiii

Page

Coucord, town of, may raise money for celebration of annlversaiy, . 569

Congress, list of members, 1013

Connecticut River, relating to the conservation of, . . . . 801
Conservatory of Music, New England, may surrender and cancel

shares of capital stock, . . , G77

Constitution, amendment to, relative to voting precincts in towns,

to be voted upon by the people, 908

Constitution, amendment to, proposed, to provide for biennial ses-
sions of the General Court, 927

to provide for biennial elections, 926

Contagious diseases in the public schools, to prevent the spread of, 6-13

Contagious diseases among domestic animals, suppression of, . . G03

Contested elections, reports of cases of, to be published, . . . 917

Convalescents, Saint Luke's Home for, allowance to, . . . 916
Conway Academy, may transfer its property to the town of Conway

and be dissolved, 639

Co-operative Bank, the Canadian, name established, .... 840

Co-operative banks, relating thereto, 586

Co-operative distribution in Great Britain, information concerning,

to be published by bureau of statistics of labor, . . . 915

Cook, Lavinia, granted an annuity, 912

Cooley Dickinson Hospital, incorporated, 605

Copies of records, etc., of savings banks to be competent evidence,

equally with originals, 561

Corporations, for making gas for heating, cooking, chemical and

mechanical purposes, . . 684

for cremating the bodies of the dead, 698

change of business by, 760

Cottage City, town of, allowance to, 923

Counterfeiting of ballots, penalty for, 690

Counties, public records of, relating to, 903

Count j^ commissioners, correction of returns of votes for, . . 675
receipt of certain petitions, etc., by, severally; and hearings

by the board, 561

County taxes granted, 908

County treasurer, correction of returns of votes for, . . . . 675

Court, district. Eastern Middlesex, second, salary of clerk, . . 623

Plymouth, first, abolished, 607

Court, police, of the city of Brockton, established, .... 607
Court, municipal of the city of Boston, clerks may imprint fac-simile

of signature, 776

for criminal business assistant clerk for ; salaries, . . . 595
special sessions may be held ; a second assistant to the clerk

for civil business, 532

Court, municipal, of the Brighton district of the city of Boston,

salary of the standing justice, 536

Court, municipal of the Dorchester district of the city of Boston,

salary of justice; clerk to be appointed, .... 552

xiv Inj^ex.

Page

Court, probate, may appoint the Boston Children's Friend Society

guardian of minors, 818

bonds to tlie judge, . '. 684

may grant administration after twenty years from death of

intestate, 685

partition of lands by, 733

may order legacies, due to persons whose residence is unknown,

to be invested or deposited, 873

Court, superior, judges may appoint official stenographers for, . . 731

clerks may imprint fac-simile of signature, .... 776

return days and practice in, . . . . . . . 890

for Essex county, to be held on the first Monday in May, . 639

for Hampden county, terms for criminal business, . . , 520
for Plymouth county, may hold sessions by adjournment at

Brockton, 593

for civil business in Suffolk county, salary of second assistant

clerk, 691

Court, supreme judicial, return days and practice in, . . . . 890

retirement of justices, 611

may discharge mortgage given to secure against a contingent

liability which has ceased to exist, 722

in the county of Worcester, terms for entering and hearing

questions of law 536

Court house for the county of Suffolk, 873

Courts, having common law jurisdiction, a seal and a clerk, may

have jurisdiction of naturalization of aliens, .... 802

Courts, district, police and municipal, fees of special justices, . . 531
writs issued by, may run into any county when one of several

defendants resides in district, 533

justices may interchange services, 593

Courts, district, police and municipal, and trial justices, jurisdiction

concerning inspection and sale of milk, 603

Courts, district and police, criminal jui'isdiction increased, . . 776

Cremating the bodies of the dead, corporations may be formed for, . 698

Criminal cases, expenses of officers in service of precepts, . . 693

Criminal jurisdiction of district and police courts increased, . . 776

Criminal prosecutions, form of complaints in certain, . . . 600

Crossings at grade of highways and railroads, to promote abolition of, 640

protection of travellers at, 577

Crossings at grade, railroad, automatic signals at, . . . . 558
Crowell, Horace S., may build a causeway or bridge from Fairhaveu

to Long and West Islands, . 753

Dan vers, Walnut Grove Cemetery Corporation of, may hold property

for improvement of cemetery, 610

Davenport, James F., allowance to widow of, 924

Index. xv

Page

Dead, cremating bodies of, corporations may be formed for, . . 698

Deaf, Horace Mann School for the, laud in Boston granted in aid of, 646

Debt, municipal, in cities, limited, . 765

Debt, raiinicipal, in Boston, limited, . 621

Debtors, bankrupt and insolvent, special judgments against, . . 541

Decennial census, subdivision of cities for purpose of taking, . . 608

Decennial census and industrial statistics, printing and distribution, 910
Dedham Water Company, charter amended, capital stock, shares

and bonds, 516

Deed of a married woman, disposal of separate estate by, . . . 694

Deeds, registries of, form of indexes to be changed, .... 520

Deeds, assistant registers of, women may hold office of, . . . 509

Delta Psi Society of Williams College, Trustees of, charter amended, 721

Dennis, town of, proceedings at town meeting confirmed, . . . 566

acts of fish committee confirmed, . . . ... . 657

Department of the secretary of the Commonwealth, records, files and

documents in, 788

Dickinson, John W., allowance to, 907

Dipsomania or habitual drunkenness, hospital treatment for, . . 790
Disabled soldiers' employment bureau, allowance to, . . . .914
Discrimination in public places on account of race or color, penalty

on persons making, 774

Diseases, contagious, in the public schools, to prevent spread of, . 643

Diseases, contagious, among domestic animals, suppression of, . 603
Disposition of cases for violating laws relating to sale of intoxicating

liquors, 817

Disposition of legacies due to persons whose residence is unknown, 873

Distribution of estates of intestates, relating to, 718

Distribution of reports and public documents, . . . . . 838

District attorney for the Middle District, salary of , . . . . 614
District attorneys duties in relation to autopsies by medical exam-

inei's, 877

District police, examination of candidates for 632

four additional officers may be appointed, .... 593
■ officer may be detailed to furnish information concerning

parents of unprotected children, 609

to enforce laws for protection of lobsters, .... 694

District court, second, of Eastern Middlesex, salary of clerk, . . 623

first, of Plymouth, abolished, 607

first, of Northern Worcester, salary of clerk, .... 729

District, police and municipal courts, fees of special justices, . . 531
writs may run into any county when one of several defendants

resides in district, 533

justices may interchange services, 593

District, police and municipal courts and trial justices, jurisdiction

in cases concerning inspection and sale of milk, . . . 603

District and police courts, criminal jurisdiction increased, . . 776

Documents, public, printing and distribution of, .... 838

xvi Index.

Page

Dogs, licensing of, 733

Domestic animals, contagious diseases among, suppression of, . . 603
Dorchester district of the city of Boston, municipal court of,, salary

of justices; clerk to be appointed, 552

Drafts, payment of, in case of death of drawer, G5S

Drainage, commission on general system of, allowance to, . . 913

Drunkenness, punishment for third offence of, within one year, . 836

penalty for one offence, 872

Drunkenness, habitual, hospital treatment for, 790

Dugan, Margaret, eligible to receive state aid, 905

Dukes County , j udge of probate and insolvency for, salary established, 775

Dunham, Henry J., acts done as justice of the peace, confirmed, . 904

Dwellings Association, Improved, incorporated, .... 591

Eastern Middlesex, second district court of, salary of clerk, . . 623
Eastern Railroad Company, investment of sinking fund by trustees, . 509
may issue preferred stock in exchange for certificates of in-
debtedness, 696

Edgartown, striped bass and bluefish in waters of, act for protection

repealed, 690

Education, board of, to have charge of admission, etc., of pupils in

blind asylum, 585

Election of representatives, certificates of, to be transmitted in

duplicate within fifteen days, 576

Election of town officers, in certain towns confirmed, . . . 566

provisions of ch. 299 of 1884, not to apply to meetings held for, 508

Election of certain municipal officers, notification of, . . . 609

Election days, sale of intoxicating liquors prohibited, . . . 661

Election returns, correction of errors in, 576,675

Elections, counterfeiting ballots at, 690

supervisors of, relative to oath of, 704

in towns, concerning, 697, 809

contested, reports of cases of, to be published, . . .917

biennial, proposed amendment to constitution to provide

for, 926

Elevators to be constructed in the state house, 921

Emigrant Aid and Improvement Company, Utah, incorporated, . 669
Emigrant Savings Bank, deposits uncalled for may be paid into state

ti'easury, 550

Employment of children in manufacturing and other establishments,

regulated, 672

Employment of prisoners in the reformatory prison for women, . 562

Erviug, town of, water supply for, 632

Essex County, superior court for, to be held on the first Monday in

May, . . . 639

salaries of commissioners established 719

Index. xvii

Page
Essex Couutj' commissioners may construct a footway across Merri-
mack River, between Haverliill and Bradford, . . . 727
Essex County Building Company may purchase land in Salem, . 551

Estates in common, conveyances and devises to husband and wife,

etc., to create, 679

Estates of intestates, bonds of administrators, 718

distribution of, . . .718

Evidence, copies of records, etc., of savings banks to be competent, 561

Examination of official bonds to be made annually 621

Examiners, medical, relating to, 876

Execution, completion of service, in case of absence of the officer

who commenced the service, 589

Expenses incurred by officers in service of precepts in criminal cases, 693

Experiment Station, Massachusetts Agricultural, allowances to, 781, 920

report of board of control to be published and distributed, . 921

Eye and Ear Infirmary, Massachusetts Charitable, allowance to, . 900

Fairhaven, bridge across tide-water at, 753

Fall River, city of, charter amended and consolidated, . . . 705

Falmouth and Mashpee, towns of, boundary line established, . . 808

Family burial lot, rights of the widow and family in, . . . . 756
Faulkner, George, may be permitted to maintain a floating boat-house

on Charles River, in Boston, . 607

Feeding Hills Old Cemetery Association, in Agawam, incorporated, . 599

Fees for taking bail in criminal cases, 594

of special justices of district, etc., courts, for holding inquests, 531

for naturalization ; for benefit of county law librai'ies, . . 803

Fidelity insurance companies, foreign, relating to, . . . . 684

Financial estimates for appropriations to be made to the auditor, . 531

Fire District, Lenox, charter amended, 631

North Adams, town may make a water loan for, . . . 580
Number One of North Attleborough, additional water loan, . 508
Number One of Greenfield, may issue securities to pay ex-
penses and refund indebtedness, 644

of Pittsfield and the county of Berkshire, may construct sewers

in Pittsfield, 755

Fire Insurance Companies, Mutual, with a subscription fund, forma-
tion authorized, 813

First District Court, of Plymouth, abolished, 607

of Northern Worcester, salary of clerk, 729

First Parish in Cambridge, trustees of ministerial fund in, may make

certain investments, ........ 698

First Universalist Society of Arlington, name established, . . 721

in West Cambridge, name changed, 721

xviii Index.

Fisheries, inland, commissioners on, authority to lease gi*eat ponds,

repealed, 577

to enforce laws for protection of lobsters, .... 694
Fisheries, in Bass River, doings of fish committees in Yarmouth and

Dennis confirmed, 657

in the waters of Edgartown, striped bass and blueflsh, . . 690

in Lagoon Pond, 688

in Vineyard Sound, opposite towns of Yarmouth, Dennis and

Harwich, penalty for taking bluefish, 640

shell, regulated, • . . . 670

Fitchburg, city of, charter amended, . 819

Fitchburg Eailroad Company, granted further time to construct addi-
tional tracks, re-locate portions of road, take land and in-
crease capital stock, 524

may purchase the Ashburnham Railroad, 693

consolidation with the Troy and Greenfield Railroad Company, 749

savings banks may invest in the bonds and notes of, . . 806
Fitchburg Railroad Company and the Boston, Barre and Gardner

Railroad Company may unite, 637

Fitzgerald, Annie, allowance to, for benefit of James Haggerty, . 914
Flues, wooden, for heating or ventilating purposes in certain public

buildings, prohibited, 780

Foley, Mary, eligible to receive state aid, . 908

Follen Church, name established, 537

Foreign countries, commissioners to take acknowledgment of deeds

in, qualification of, 521

Foreign fidelity insurance companies, 684

Foreign insurance companies, insurance by, 754

Forfeited property used in gaming, disposition of, ... . 546

Fox Cemetery, Proprietors of, incorporated, 647

Framingham "Water Company, may mortgage property to secure its

bonds, . .^ 623

Franklin, town of, allowance to, 907

Fraudulent agents, clerks and officers, punishment of, . . . 672
Freight rates on railroads operated by the Housatonic Railroad Com-
pany, concerning, . . 789

Gaming, disposition of forfeited property used in, . . . ' . 546
Gas for heating, cooking, chemical and mechanical purposes, cor-
porations may be formed for making, 684

Gas commissioners, board of, to be appointed by the governor, . 769

General Charitable Society of Newbury, may hold additional estate, 521

General court, publication and presentation of certain petitions to, . 519

biennial sessions proposed, ....... 927

Gerry, Elizabeth Bridge, estate of, release of right, etc., of Common-
wealth in, to town of Lexington, 901

Index. xix

Page
Gettysburg, allowance to Mozart Association for erection of monu-
ment at, 912

Gill, Amelia J., granted an annuity, 921

Gloucester harbor, regulations established for, . ... . . 773

Golden Rule Alliance, Supreme Parliament of the, membership of, . 527

Gosnold Mills, may buy and sell fuel, 677

Governor, address of, to the legislature, 931

messages to the legislature, 958

private secretary of, salary established, 551

Governor, with advice of the council, may appoint four additional

district police officers, 593

to appoint a board of registration in pharmacy, . . . 767

to appoint a board of gas commissioners, .... 769

to appoint a board of police for the city of Boston, . . . 777

Grade crossings of highways and railroads, to promote abolition of, 640

protection of travellers at, 577

Grade crossings of railroads, automatic signals at, . . . . 558
Grand Army of the Republic, Posts of, public buildings may be

leased to, by cities and towns, 541

may be entrusted with disbursement of aid to soldiers and

sailors, etc., 638

Grafton, town of, pi'oceedings of town meetings confirmed, . . 673

Grant, Ulysses S., sympathy of the legislature tendered to, . . 929
Grantville Religious Society in Wellesley, named changed to The

Wellesley Hills Congregational Society, .... 545
Grantville, the Unitarian Society of, named changed to the Unitarian

Society of Wellesley Hills, . 816

Great ponds, authoritj^ to lease, repealed, 577

Great seal of the Commonwealth, concerning, 730

Green Harbor River in Marshfleld, bridge over, 692

Greenfield, Fire District Number One of, may issue securities, . . 644

Methodist Episcopal Church of, organization confirmed, . . 606

Greylock Park Association, incorporated, 612

Groves may be licensed for picnics and other lawful amusements, . 759
Guardian of minors, Boston Children's Friend Society may be ap-
pointed, 818

Guardians, sale of real estate by, 695

Haggerty, James, granted an annuity, 914

Hampden County, terms of superior court for criminal business, . 520

Harbor, Gloucester, regulations established for, 773

Harbor and land commissioners, to have general supervision of the

Connecticut River and its banks, . . . . . . 801

Hanover and Pembroke, boundary line between towns, established, . 630

Hanson, town of, water supply for, 652

Harwich, town of, proceedings at town meeting, confirmed, . . 566

XX Index.

Page

Haverhill and Bradford, footway between, across Mei-rlmack River, 727

Health, boards of, in towns, vacancies in 758

Hearings before legislative committees, relative to advertising, . 841

Highways, trees in, cutting down, trimming and removing, . . 588

Highways and railroads, crossing at grade, protection of travellers, 577

to promote abolition of, 640

Hill Water Company, incorporated, 569

Holljrook, town of, water supply for, 662

Holyoke, Peoples Savings Bank in, incorporated, .... 657

Home for Convalescents, Saint Luke's, allowance to, . . . . 916

Horace Mann School for the deaf, grant of land in Boston in aid of, 646

Horticultural School for women, corporation dissolved, . . . 552

Hospital, the Cooley Dickinson, incorporated, 605

insane, Westborough, certain land may be transferred to

trustees, 838

Taunton lunatic, allowance for improvements, .... 914

Waltham, incorporated, 560

Hospitals, state lunatic, habitual drunkards may be committed to, . 790
Housatonic Railroad Company, freight rates on, railroads operated

by, .789

House of correction at Cambridge, chapel and workshop at, . . 615
Hudson River Bridge Company, discrimination in charges by to be

investigated by railroad commissioners, .... 921

Husband and wife, conveyances and devises to, to create estates in

common, ........... 679

Hygiene and physiology, to be taught in the public schools, . . 786

Improved Dwellings Association, incorporated, 591

Improvement Company, Utah Emigrant Aid and, incorporated, . 669

Indexes to recoi'ded instruments in towns, etc., to be kept by clerk, 638

Indexes in registries of deeds, form changed, 520

Industrial statistics, printing and distribution of, ... . 910

Innholders, liability for losses sustained by guests, .... 816
Innkeepers, licensed, not to sell intoxicating liquors on election

days, except to registered guests, 662

Inland fisheries, commissioners on, authority to lease gi"eat ponds

repealed, 577

to enforce laws for protection of lobsters, .... 694

Inquests, fees of special justices for holding, 531

Insane hospital, Westborough, trustees of, certain lands may be

transferred to, 838

Insane hospitals, habitual drunkards may be committed to, . . 790
Insane persons, may be placed at board in- families by board of

health, lunacy and charity, 893

Insane prisoners, removal of, from the Massachusetts reformatory, . 775

Insolvency, composition with creditors in, 811

Index. xxi

Page

lusolvent debtors, special judgments against, 541

Inspection of illuminating oils, 587

Inspection and construction of buildings in the city of Boston, , 843

Inspection and sale of milk and butter, relating to, . . . . 809

Inspector and assayer of liquors, salary to be paid quarterly, . . 673

Insurance, by foreign insurance companies, 754

Insurance, life and casualty, on the assessment plan, . . . • 624

Insurance companies, investments by, 759

foreign fidelity, 684

mutual fire, with a subscription fund, formation authorized, . 813

Insurance Company, Wellfleet Marine, incorporated, .... 644

Interlocking or automatic signals, at railroads ci'ossing at grade, . 558

Intestate estates, distribution of, . • 718

oi'iginal administration may be granted after twenty 3^ears, . 685

administration may be granted without notice in certain cases, 697

bonds of administrators, 718

Intoxicating liquors, sale prohibited between the hours of eleven at

night and six in the morning, 560

sale prohibited on election days, ....

notices forbidding the sale of,

disposition of cases in court for violation of laws relating to

661
721

817
759

sale of,

Investments by insurance companies,

Investments by savings banks and institutions for savings, 578, 589, 806
Irish Society, Charitable, additional real and personal estate; may

issue bonds for building pui'poses, 843

Jail at Lowell, to be enlarged, 620

Jail at New Bedford, to be rebuilt 659

Jail and house of correction in Plymouth County, to be enlarged, . 548

Joint tenancy, relating to 679

Judicial department, 1010

Judge of probate and insolvency, for the county of Bristol, salary of, 612

for Dukes county, salary established, 775

for the county of Suffolk, salary of, 648

for the county of Worcester, salary of, 718

Judgments, special, against bankrupt and insolvent debtors, . . 541

Jurisdiction, criminal, of police and district courts increased, . . 776

Justice of the peace, George W. Kelley, acts confirmed, . . . 917

Stephen F. Keyes, acts confirmed, 923

Nathaniel "W. Ladd, acts confirmed, 902

Justice of the peace and trial justice, Henry J. Dunham, acts con-
firmed, 904

Justices of the supreme judicial court, retirement provided for, . 611

xxii Index.

Page

Kelley, George W., acts clone as justice of the peace confirmed, . 917

Keyes, Stephen F., acts done as justice of the peace confirmed, . 923

Kingston, town of, water supply for, , 680

Knight, George W., allowance to, 916

La Banque Co-operative Canadienne, name changed 840

Labor, bureau of statistics of, additional rooms to be provided for

taking decennial census, 907

additional number of report to be printed, .... 901
to furnish information concerning co-operative distribution in

Great Britain, 915

Ladd, Nathaniel W., acts done as justice of the peace confirmed, . 902

Lagoon Pond Company, charter amended, 688

Lamson & Goodnow Manufacturing Company, may issue preferred

stock, 807

Lancaster Railroad, time for construction extended 574

Land, partition of, by the probate court, 733

appurtenant to prisons, trespass upon, 757

in Westborough, may be transferred to the trustees of West-
borough insane hospital, 838

granted in aid of the Horace Mann School for the deaf, . . 646

Lawrence, city of, charter amended, 804

Laws, provincial, publication of, 906

Lee's River and Cole's River in Somerset and Swanzey, bridges across,

may be built by county commissioners, 547

Legacies due to persons whose residence is unknown, may be in-
vested or deposited by order of the probate court, . . 873

Legal notices, relating to, 678

Legislative committees, advertisement of hearings before, . . 841

Legislature, presentation and publication of petitions to, . . . 519

Lenox Fire District, charter amended, 631

Lexington, town of, release to, of right, etc., of Commonwealth in

estate of Elizabeth Bridge Gerry, 901

Church of the Redeemer in, name changed, .... 537

Liability of innholders for losses sustained by guests, . . . 816

Libraries, public, protection from disturbance 673

Library, state, allowance for books and improvements, . . . 913

Library, Public, Maiden, incorporated, 601

Woburn, incorporated, 716

Library Association, Barre, incorporated, 574

Licenses, to citizens of this state to procure' insurance in foreign

companies, may be issued by insui'ance commissioner. . 754
for the sale of intoxicating liquore in the city of Boston, to be

signed by the police commissioners, 557

Index. xxiii

Page

Licenses to maintain groves for picnics, etc., may be granted, . . 759

Licenses for slcating rinks, may be granted, . . . . . 642

Licensing of dogs, in relation to, . ....... 733

Life and casualty insurance on the assessment plan, .... 624

Limited Partnership Company, Boston, incorporated, . . . 655
Liquoi's, intoxicating, disposition of cases in court for violation of

laws relating to sale of, 817

sale prohibited betw^een the hours of eleven at night and six

in the morning, 560

sale prohibited on election days, 661

notices forbidding the sale of, 721

Little Harbor in Cohasset, bridge across, 676

Loans secured by deposit of household goods, etc., business regu-
lated, 692

Lobsters, protection of, act to be enforced, 694

Locomotive whistles, sounding may be regulated by the railroad

commissioners, 787

Locks Pond Reservoir Company, incorporated, 549

Lowell, jail at, to be enlarged, 620

Lunatic hospital, Taunton, allowance for improvements, . . .914

Worcester, trustees to grade certain streets in Worcester, . 918
Lunatic hospitals, state, habitual drunkards may be committed to,

for treatment . 790

Lyman School for Boys, inmates may be temporarily detained at

Willow Park in Westborough, 55.9

trustees may purchase farm in Westborough and remove

inmates thereto, . . . . . . . . . 604

Lynn and Boston Railroad Company, charter amended, . . . 617

Lynn Shoe Supply Company, The, name established, . . . 519

904
912
903
601
913
903

Madigan, Ellen, allowance to, . .

Maher, James, eligible to receive aid, .

Males, Clarissa ,T., eligible to receive state aid,

Maiden Public Library, incorpoi-ated, .

Manning, Asenath, granted an annuity,

Manual of the general court, additional copies to be printed.

Manufacturing, etc., establishments, employment of children in, . 672

Manufacturing Company, Lamsou and Goodnow, may issue preferred

stock, 807

Map of Massachusetts, commission on, rooms to be provided for, . 900

allowance for expenditures, 906

Marine Insurance Company, Wellfleet, incorporated, . . . . 644
Marlborough, town of, may make additional water loan, . . . 595
Marlborough, St. Jean Baptiste Society of, proceedings confirmed, . 731
Married woman, penalty on husband for not supporting wife, . . 621

xxiv Index.

Page

Married woman, disposal of separate estate by will or deed, . . 694

Marshall, Louis J. B., allowance for injuries received in camp, . . 902

Marshfleld, Green Harbor River in, bridge over, 692

Mashpee and Falmouth, towns of, boundary line established, . . 808
Massachusetts Agricultural College, allowance for buildings, re-
pairs, etc., 920

additional copies of report of trustees to be printed, . . 901
Massachusetts Agricultural Experiment Station, report of board of

control to be printed and distributed, 921

allowances to, 781, 920

Ma sachusetts Charitable Eye and Ear Infirmary, allowances to, . 900
Massachusetts Central Railroad Company, relating to, . . . 782
Massachusetts Mozart Association, allowance to for erection of mon-
ument at Gettysburg, 912

Massachusetts reformatory, vagrants, and persons convicted of
drunlvenness three times within one year, may be sentenced

to, 836

removal of prisoners to, from the state workhouse, . . . 523

removal of insane criminals from, 775

paper to be furnished to, for printing for departments, . . 775

male persons may be sentenced to, by trial justices, . . 816

disposition of sewage at officers' houses, 917

machinery and tools for, 919

Mayor of the city of Boston, salary may be increased, . . . 818
Mayor and aldermen to return to adjutant general, under oath,

amount of rent for armories, etc., 602

McCafferty, Matthew, salary may be paid to family of, for the remain-
der of the year, 779

McLaughlin, Charles, eligible to receive state aid, .... 923

McLaughlin, Nancy, eligible to receive state aid, .... 923

Medical examiners, relating to 876

Melrose, town of, additional water loan, 787

Memorial, Nevins, in the town of Methuen, incorporated, . . . 535

Merrimacli River, footway across, between Haverhill and Bradford, 727
Messages of the Governor :

Pardons granted, 1884, 958

. 965

. 978

. 979

Troy and Greenfield Railroad and Hoosac Tunnel,

Epidemic known as hog cholera,

Rogers Amero of Digby, Nova Scotia,

Workshops at the state prison, ....
Messages, telegraphic, to secure greater care in the transmission of, 878
Methodist Episcopal Church of Greenfield, organization confirmed, . 606
Methuen, town of, Nevins Memorial incorporated for purpose of

establishing a free library, hall for lectures, etc., . . . 535
Middleborough, Nemasket Hill Cemetery Association in, incorpo-
rated, 567

Middlesex county, error corrected in assessment of county tax, . 590

salaries of commissioners established, 719

Index. xxv

Middlesex county, commissioners may enlarge buildings at house

of correction at Cambridge, 615

commissioners to enlarge jail at Lowell, 620

Militia, volunteer, ambulance corps to be attached to each brigade, . 678

military clothing for, 905, 912

Milk, inspection and sale of, 809

jurisdiction of courts concerning, 603

Milk cans, penalty for defacing, . ' 593

act regulating capacity of, repealed, 600

Millers Falls, village of, water supply for, 635

Millis, town of, incorporated, 524

Milton, town of, may be supplied with water by the Quincy Water

Company, 841

Milton and Quincy, boundary line between, changed, . . . 616

Minor child, penalty on father for not supporting, .... 621

Minors, penalty for sale, etc., of obscene publications to, . . . 758

guardian of, Boston Children's Friend Society may become, . 818
Mission Park Association, may convey real estate to the president

and trustees of "Williams College, . . . . . . 553

Monson, state primary school at, allowance for fire escapes, etc., . 919

Montague, Locks Pond Reservoir Company of, incorporated, . . 549
Mortgage, to secure against a contingent liability which has ceased

to exist, may be discharged by S. J. C, . . . . 722

Mozart Association, Massachusetts, allowance to, for erection of

monument at Gettysburg, 912

Municipal court of the city of Boston, special sessions may be held

at the discretion of the chief justice, 532,

a second assistant to the clerk for civil business to be appointed, 532

salaries of clerk and assistant clerk for criminal business, . 595

clerks may imprint fac-siraile of signatures, .... 77G
Municipal court of the Brighton district of the city of Boston, salary

of standing justice, 536

of the Dorchester district of the city of Boston, salary of jus-
tice; clerk to be appointed, . . . . . , . 552

Municipal courts, fees of special justices, 531

Municipal courts, writs issued by, may run into any county when

one of several defendants resides in district, . . . . 533
Municipal, 'district and police courts, justices may interchange ser-
vices, 593

Municipal, district and police courts, and trial justices, jurisdiction

in cases relating to the inspection and sale of milk, . . 603

Municipal debt and rate of taxation in cities, limited, . . . 765

Municipal debt and rate of taxation in Boston, limited, . . . 621

Municipal officers, certain, to be notified of their election, . . 609

Music, New England Conservatory of, surrender and cancellation of

stock, 677

Mutual Fire Insm*ance Companies, with a subscription fund, forma-
tion authorized, 813

xxvi Index.

Page

Mystic, Bla kstone and Charles Rivers, commission on drainage,

etc., allowance to, 913

Mystic River Corporation, may build a pile wharf, .... 714

IS".

Names changed in 1884, 983

Naturalization, in any court having common law jurisdiction, a seal

^ and a clerk, 802

Naumkeag Street Railway Company, may issue mortgage bonds, . 590

certain acts confirmed, 837

Neat cattle and swine, number assessed to be returned by assessors, 575
Nemasket Hill Cemetery Association, in 'Middleborough, incorpo-
rated, 567

Nevins Memorial, in the town of Methuen, incorporated, . . . 535

Newbury, town of, allowance to 901

Newburyport, General Charitable Society of, may hold additional

estate, 521

New Bedford, jail at, to be rebuilt, 659

New England Conservatory of Music, may surrender and cancel

shai'es of capital stock, 677

New Hampshire boundary line, commission to establish, . . . 922
New Haven and Northampton Company, railroad of, may be consoli-
dated with the Troy and Greenfield Railroad, . . . 749

Norfolk county, salaries of commissioners, 719

Normal art school, state, a building provided for, .... 785

Normal school, state, at Framington, fire escapes to be provided, . 908

Northampton, city of, may issue securities to renew water loan, . 582
North Adams, may make a water loan in aid of the North Adams fire

district, 580

North Attleborough, fire district number one of, may make an addi-
tional water loan, 508

North Brookfleld, may raise money for a history of the town, . . 572
North Brookfleld Railroad, lease of, to Boston and Albany Railroad

Company, to take effect on being ratified by stockholders, . 508

North Middlesex Savings Bank, incorporated, 539

North Weymouth Cemetery Association, portion of land may be

taken for a highway, 623

Northern Baptist Education Society, may hold additional real and

personal estate, 549

Northern Railroad, lease to Boston and Lowell Railroad confirmed, . 592

Norwood, town of, water supply for, . . * 553

may change the grade of the Old Cemetery, .... 586
Notice of assessment of betterments to be given to the party to be

charged, . .753

Index. xxvii

Page

Notices, legal, relating to, 678

Notices forlnckling the sale of intoxicating liquors, .... 721

Notification of election of certain municipal officers, .... G09

Obscene publications, penalty for sale or distribution to minors, . 758

Officers' expenses incurred in service of criminal precepts, . . 693

Officers, fraudulent, punishment of, 672

Official bonds, to be annually examined as to sufficiency, . . . 521
Oils, made from coal or petroleum to be used for fuel, preparation,

storage and sale of, 5G8

Oils, illuminating, inspection and sale of, 587

Old Cemetery in Norwood, grade may be changed, .... 586

Opium, sale and use of, for certain purposes, forbidden, . . . 549

Orange Water Works, provisions aflecting, 637

Orleans, town of, proceedings in town meeting, confirmed, . . 566

Orthodox Congregational Church, in Ashby, incorporated, . . 621

in West Cambridge, proceedings confirmed, and name changed, 720

Oysters, licenses to plant, grow and dig, 670

Palmer, town of, proceedings at town meeting, confirmed, . . 806
Parish, First, in Worcester, rights in old common may be taken by

the city', 596

Parishes, towns and counties, public records of, relating to, . . 903

Park Association, Greylock, incorporated, 612

Parks, public, in or near the city of Boston, 817

Partition of lands by the probate court, 733

Pawnbrokers, laws governing, to apply to business of making small

loans on deposit of household goods, etc., .... 692
Pembroke, Sachem Lodge Cemetery Association in, incorporated, . 668
Pembroke and Planover, bouudaiy line between towns established, . 630
People's Savings Bank, in Holyoke, incorporated, .... 557
Perkins Institution and Massachusetts school for the blind, admis-
sion of pupils to, 585

Perkins Street Methodist Episcopal Church of Chicopee, name

changed 560

Petitions to the general court, publication and presentation of, . 519
Petroleum, unsafe oils made from, to be used as fuel, preparation,

storage and sale of, 568

Pharmacy, board of registration in, to be appointed by the governor, 767

Physiology and hygiene, to be taught in the public schools, . . 786

Picnics, cities and towns may license groves for, .... 759
Pittsfield, fire district of, and the county of Berkshire may construct

certain sewers, 755

xxviii Index.

Page

Pittsfleld, town of, may issue securities to renew water loan, . . 790

Pluukett, Sergeant Tliomas, resolutions in honor of, . . . . 929

allowance to widow of, ....... . 924

Plumb Island Turnpike and Bridge Corporation, acts confirmed, . 532

Plymouth, town of, may issue securities to renew water loan, . . 540

Plymouth, first district court of, abolished, 607

Plymouth county, county commissioners may repair jailer's house

and enlarge jail and house of correction, .... 548
Plymouth county, superior court for, may hold sessions by adjourn-
ment at Brockton, 593

Police for the city of Boston, board of, to be appointed by the gov-
ernor, 777

Police, district, four additional officers may be appointed, . . 593
officer may be detailed to furnish certain information to the

state board of health, etc., 609

examinations of candidates for, 632

to enforce laws for protection of lobsters, .... 694

Police court of the city of Brockton established, .... 607

Police and district courts, criminal jurisdiction increased, . . 776

Police, district and municipal courts, fees of special justices, . . 531

writs issued by, may run into any county when one of several

defendants resides in district, 533

justices may interchange services, ...... 593

Police, district and municipal courts, and trial justices, jurisdiction

in cases relating to the inspection and sale of milk, . . 603

Polling places in cities, relating to, . . . . . . . 598

Ponds, great, authority to lease, repealed, 577

Posts of the Grand Army of the Republic, cities and towns may lease

public buildings to, 541

may be entrusted with disbursement of aid to soldiers and

sailors, etc., 638

Potters' Works, Somerset, may increase capital stock, . . . 676

Pools, buying and selling, or registering bets, relating to, . . 795
Poor, state, supported by cities and towns, notice to be given when

infected with dangerous diseases, 658

Poughkeepsie, Hartford and Boston Railroad Company, may extend

its road within this state, 674

Practice in the supreme judicial and superior courts, . . . 890
Precinct voting in towns, proposed amendment to constitution to

provide for, to be voted upon by the people, .... 908

Primary school, state, at Monson, allowance for fire escapes, etc., . 919
Printing of report of commissioners upon the records, etc., in the

department of the secretary of the Commonwealth, . . 900
of additional copies of the report of the trustees of the agricul-
tural college, ' 901

of additional copies of report of bureau of statistics of labor, 901
of extra copies of the thirty-second report of the secretary of

the board of agriculture, 901

Index. xxix

Page
Priuting of additional copies of the manual of the general court, . 903
of extra copies of report of commissioners of the state topo-
graphical survey, 906

of the report of the board of control of the Massachusetts Ag-

ricultui'al Experiment Station, 921

of reports of cases of contested elections, .... 917
of a book containing rules of the legislature, etc., . . . 899
Printing and distribution of reports, documents, etc., . . . 838
Prison for women, reformatoiy, employment of prisoners ; punish-
ment for escapes, 562

additional land for, 729

allowance for a barn, etc., at, 915

Prison, state, allowance for a storehouse and for repairs at, . .917

allowance for construction of boilers, 922

allowance for repairs at, 925

Prisoners may be removed from jails and houses of correction to the
state workhouse and from the state workhouse to the Massa-
chusetts reformatory, 523

Prisoners, insane, removal of, from the Massachusetts reformatory, 775

Prisons, commissioners of, clerical assistance for, .... 537

Prisons, penalty for trespass upon land appurtenant thereto, etc., . 757

Private secretary of the governor, salary established, . . . 551
Probate court, may ox'der legacies, due to persons whose residence

is unknown, to be deposited or invested, .... 873

bonds to the judge, 084

may grant administration after twenty years from the death of

an intestate, 685

may appoint the Boston Children's Friend Society guardian of

minoi's, 818

partition of lands, by, 733

Probate and insolvency, for the county of Bristol, salary of judge, . 612
for the county of Middlesex,, clerical assistance for register, . 757
for the county of Suffolk, salary of judge, .... 648
for the county of Sufl'olk, clerical assistance for register, . 648
Property subject to taxation, valuation throughout the Common-
wealth, 815

Proprietors of the Fox Cemetery, in the town of Berkley, incorpo-
rated, 647

Provincetown, town of, proceedings in town meeting confirmed, . 566

Provincial laws, puljlication of, 906

Public buildings, wooden flues for heating and ventilating purposes,

prohibited, 780

Public documents, printing and distribution of, 838

Public grounds, care and improvement of, in towns, .... 608

Public libraries, protection from disturbance, 673

Public Library, Maiden, incorporated, 601

Woburn, incoi'porated, 716

Public parks in or near the city of Boston, 817

XXX Index.

Page

903
610
643
786
614

Public records, of parishes, towns and counties, relating to.
Public schools, books of reference and apparatus for,

contagious diseases in, to prevent the spread of,

hygiene and physiology to be taught in, .

Public warehousemen, bonds of,

Publication and presentation of certain petitions to the general court, 519
Publications, obscene, penalty for sale, etc., to minors, . . . 758

Quiucy, town of, may pay bounties to certain soldiers, . . . 520
Quincy aHd Milton, boundary line between, changed, . . . 616

Quincy Water Company, may supply town of Milton with water, . 841

Pace or color, discrimination on account of, in respect to admission

to public places of amusement, etc., prohibited, . . . 774
Eailroad commissioners, may allow system of interlocking or auto-
matic signals at railroads crossing at grade, .... 558
salary of clerk, .......... 585

compensation of accountant, 612

may regulate sounding of locomotive whistles, . . . 787

clerk and accountant, salaries to be paid monthly, . . . 673
may regulate freight rates on railroads operated by the Housa-

tonic Railroad Company, 789

to inquire into discrimination in charges by the Hudson River

Bridge Company, 921

Railroad crossings at grade, automatic signals at, . . . . 558

Railroads and highways, crossing at grade, protection of travellers at 577

grade crossings of, to promote abolition of , . . . . 640
Railroad Corporations :

Ashburnlmm, may sell road to Fitchburg, .... 693

Berkshire, freight rates on, 789

Boston and Albany, suits of the Commonwealth against, . 922
Boston and Albany, lease of North Brookfleld Railroad to, to

take effect on being ratified by stockholders, .... 508

Boston, Barre and Gardner, and Fitchburg, may unite, . . 637
Boston, Concord and Montreal, lease to Boston and Lowell,

confirmed, and property may be disposed of, etc., . 592, 655
Boston and Lowell, leases of Boston, Concord and Montreal,

and Northern, confirmed, and property may be held, etc., 592, 655

Boston and Lowell, consolidation with the Troy and Greenfield, 749

Boston and Maine, provisions afi"ecting, 696

Central Massachusetts, consolidation with the Troy and Green-
field, 749

Central Massachusetts, relating to, . . . . . . 782

Index. xxxi

Page

Railroad Corporations — Concluded.

Eastern, investment of sinking fund by trustees, . . . 509
Eastern, may issue preferred stock in exchange for certificates

of indebtedness, 696

Fitchburg, may purchase Ashburnham Raih'oad, . . . 693

Fitchburg, consolidation with the Troy and Greenfield, . . 749
Fitchburg, time extended for taking. land, re-locating road and

increasing capital stock, 524:

Fitchburg, and Boston, Barre and Gardner, may unite, . . 637

Housatouic, freight rates on roads operated by, . . . 789

Lancaster, time for constructing, extended, .... 574

Lynn and Boston, charter amended, 617

Massachusetts Central, relating to, 782

New Haven and Northampton Company, consolidation with

the Troy and Greenfield, 749

North Brookfleld, lease of, to Boston and Albany, to take eflect

on being ratified by stockholders, 508

Northern, lease to Boston and Lowell, confirmed, . . . 592
Poughkeepsie, Hartford and Boston, may extend road within

this state, 674

Southern Vermont, provisions affecting, 752

Stockbridge and Pittsfield, freight rates on, .... 789
Troy and Greenfield, may be consolidated with certain other

railroads, 749

Vermont and Massachusetts, provisions afi"ecting, . . . 524
Vermont and Massachusetts, consolidation with the Troy and

Greenfield, 749

West Stockbridge, freight rates on, 789

Railway Company, Naumkeag Street, may issue mortgage bonds, . 590

Naumkeag Street, certain acts confirmed, ... . • 837

Salem Street, concerning, 837

Randolph, town of, water supply for, 662

may pay bounties to certain soldiers, 545

Reading, Citizens' Savings Bank in, incorporated, .... 522

Reading Water Company, incorporated, 878

Real Estate and Building Company, charter extended, . . . 562

Real estate, sale by guardians at public or private sale, . . . 695

settlement of titles to, 722

Recognizances of witnesses in capital cases to appear at a further

examination, . . 594

Records, documents, etc., in department of the secretary of the

Commonwealth, 788

Recount of ballots in cities, upon question of licensing sale of in-
toxicating liquors, 697

Reformatory, Massachusetts, male persons may be sentenced to, by

trial justices, 816

paper to be furnished to, for printing for departments, . . 775

removal of prisoners to, from the state workhouse, . . 523

xxxii Index.

Page

Reformatory, Massachusetts, removal of insane prisoners from, . 775

raacliinery and tools for, 919

vagrants, vagabonds, drunkards, etc., ma}' be committed to, . 836

disposition of sewage at officers' houses, 917

Reformatory prison for women, employment of prisoners ; punish-
ment for escape, 562

additional land for, 729

allowance for a barn, etc., at, 915

assistant, women may hold office of, 509

for the county of Suffolk, additional clerical assistance for, . 648

Registrars of voters, temporary, may be appointed, .... 689

Registration in pharmacy, board of, to be appointed by the governor, 767

Registration of voters, regulated, 712

Registries of deeds, form of indexes^changed, 520

Registries of deeds in Worcester County, copies of certain recoi-ds

in, . . .780

Rehoboth Antiquarian Society incorporated, 584

Religious societies. (See Societies.)

Reports of cases of contested elections to be published, . . . 917

Representatives to the general court, certificates of election of, to be

transmitted in duplicate within fifteen days, .... 576
Rent of armories, return to be made to the adjutant-general, under

oath, of the amount of, 602

Reservoir Company, Locks Pond, incorporated, 549

Resolutions tendering the sympathy of the legislature to General

Grant, 929

in honor of the late Sergeant Thomas Plunkett, . . . 929

Retirement of justices of the supreme judicial court, . . . 611

Return days and practice in the supreme judicial and superior courts, 890

Returns, election, correction of errors in, 576, 675

Rinks, skating, may be licensed by cities and towns, .... 642

Rockland, town of, water supply for, ....... 649

Rod and Gun Club, The, name changed to Winthrop Club, . . 547

Ross, Fanny, granted an annuity, 915

Rules of the two branches, with notes of rulings of presiding offi-
cers to be printed for use of present legislature, . . . 899

Sachem Lodge Cemetery Association, in Pembroke, incorporated, . 668
Sailors and soldiers, aid to, disbursement' may be entrusted to a

grand army post, 638

state aid to certain widows of, 648

Saint Luke's Home for Convalescents, allowance to, . . . . 916

Index. xxxiii

Page

Salaries :

treasurer and receiver-general, 698

auditor of the Comraonwealtli, 642

secretary of tlie board of education, 674

private secretary of the governor, 551

accountant of the railroad commissioners, . . . .612

clerk of the railroad commissioners, 585

railroad commissioners, clerk and accountant, to be paid

monthly, ........... 673

first clerk in the office of the secretary of the Commonwealth, 559

third commissioner of state aid, 660

inspector and assayer of liquors, to be paid monthly, . . 673
clerk and assistant clerk of the municipal court of the city of

Boston, 595

judge of probate and insolvency for the county of Sutt'olk, . 648
second assistant clerk of superior court for civil business in

Suffolk, 691

standing justice of the municipal court of the Brighton district

of the city of Boston, 536

justice and clerk of the municipal court of the Dorchester

district, 552

clerk of the second district court of Eastern Middlesex, . 623

district attorney for the Middle District, 614

judge of probate and insolvency for Dukes County, . . 775

judge of probate and insolvency for the county of Bristol, . 612

judge of probate and insolvency for the county of Worcester, 718

clerk of the first district court of Northern Worcester, . , 729
commissioners of the counties of Essex, Middlesex and

Norfolk, 719

mayor of the city of Boston may be increased, . . .818

of the late Matthew J. McCafterty may be paid to his family

for the remainder of the year, ...... 779

Sale, of real estate by guardians, 695

Sale of intoxicating liquors, violation of laws relating to, disposi-
tion of cases in court, 817

prohibited between the hours of eleven at night and six in the

morning, 560

prohibited on election days, 661

notices forbidding, 721

Sale and inspection of milk and butter, 809

Salem, city of, water supply for, 739

Association for the relief of Aged and Destitute Women in,

may hold additional estate, 518

Essex County Building Company may purchase land in, . . 551

Salem Street Railway Company, concerning, 837

Savings banks and institutions for savings, copies of records, books,

etc., to be competent evidence 561

investments, 578, 589, 806

xxxiv Index.

Page
Savings banks and institutions for savings, payment of orders on, in

case of death of drawer, 658

Savings Bank, Belmont, incorporated, 538, 786

Citizens', in Reading, incorporated, 522

Emigrant, deposits uncalled for, may be paid into the state

treasury, 550

North Middlesex, incorporated, 539

People's, in Holyoke, incorporated, -557

Somerville, incorporated, 523

Scallop fishery, regulated, 670

School for the deaf, Horace Mann, grant of land in Boston to, . 646

School, state normal art, a building provided for, .... 785

School, state normal, at Framinghara, fire escapes to be provided, . 908
School for boys, Lyman, inmates may be temporarily detained at

Willow Park, in Westboi'ough, 559

trustees may purchase farm in Westborough and remove in-
mates thereto 604

School, Horticultural, for women, corporation dissolved, . . . 552

School books, abatement of dues or taxes for, 546

School committee, authority to purchase and sell books, repealed, . 610

School committee, to be notified of election, 609

Schools, public, books of reference and apparatus for, . . . 610

contagious diseases in, to prevent spread of, . . . . 643

hygiene and physiology to be taught in, 786

Seal of the Commonwealth, concerning, 730

Second district court of Eastern Middlesex, salary of clerk, . . 623
Secretary of the Commonwealth, to transmit to the general court
certain petitions, with indorsement that the required publi-
cation has been made, 519

first clerk in oflice of, salary established, 559

records, etc. , in department of, 788

to furnish paper for printing at the Massachusetts reformatory, 775

returns of cases of naturalization to be kept and printed by, . 803
duplicate records of board of registration in pharmacy to be

open to inspection in office of, ...... 768

to furnish blanks, etc., to medical examiners, tabulate the re-
turns made and report to legislature, 877

Secretary of the board of education, salary established, . . . 674

Selectmen, may' make rules for the regulation of carriages, . . 643

to return to adjutant-general, amount for rent of armories, etc., 602

when presiding at town meetings, may appoint tellers, . 697

Service of an execution, in case of the absence of the ofliicer who has

commenced the service, 589

Service of process, in favor of or against a sheriff, .... 550

Service of pi-ecepts in criminal cases, expenses of officers, . . 693
Sessions of the general court, biennial, proposed amendment to the

constitution to provide for, 927

Settlement of titles to real estate, 722

Shell fisheries, regulated, • 670

Index.

XXXV

Page

Sherborn, town of, may remove remains of the dead from tlie Joseph

Sanger estate,

Sheriff, service of process in favor of or against.

Shipwrecked goods, relating to,

Shoe Factory Company, South Abington, incorporated,

Shoe Supply Company, The Lynn, name established, .

Signals, interlocking or automatic, at railroads crossing at grade,

Skating rinks, may be licensed by cities and towns, .

Societies :

for the Relief of Aged and Destitute Clergymen, may hold addi-
tional personal property,

Boston Children's Friend, may be appointed guardian of minors,
Trustees of Trinity Church in Bridgewater, may transfer
property, ........... 537

Charitable Irish, additional real and personal estate; may

issue bonds,

Trustees of the Perkins Street Methodist Episcopal Church of

Chicopee, name changed to The Trustees of The Central

Methodist Episcopal Church of Chicopee, ....

Methodist Episcopal Church of Greenfield, title to real estate

confirmed,

First Universalist of Arlington, name established, .
Orthodox Congregational Church in Ashby, incorporated.
Orthodox Congregational, in West Cambridge, organization
confirmed and name changed, . . . . • .

Trustees of the Ministerial Fund in First Parish in Cambridge,
may make certain investments, ......

Delta Psi, of Williams College, charter amended,

Follen Chui'ch, name established,

General Charitable, of Newburyport, may hold additional
estate, ...........

Third Congregational in Cambridge, may be established.
The Grantville Religious Society in Wellesley, name changed,
Church of the Redeemer, in Lexington, name changed, .
Northern Baptist Education, may hold additional estate, .

Rehoboth Antiquarian, incorporated,

St. Jean Baptiste, of Marlborough, proceedings confirmed.
Unitarian, of Grantville, name changed .to the Unitarian

Society of Wellesley Hills,

The Wellesley Hills Congregational, name established, .
Soldiers, state aid to, extended to the three months' troops.
Soldiers and sailors, aid to, disbursement may be entrusted to a grand

army post,

state aid to certain widows of, .
Soldiers' Home in Massachusetts, allowance to.
Soldiers' Messenger Corps, allowance to, .
Soraerville, city of, overseers of the poor, .
Soraerville Savings Bank, incorporated.

661
550
792
578
519
558
642

838
818

843

560

606
721
621

720

698
721
537

521
781
545
537
549
584
731

816
545

617

638
648
904
914
542
523

xxxvi Index.

Page

Somerset Potters' Works, may increase capital stock, . . . 676

South Abington, town of, water supply for, 649

South Abington Shoe Factory Company, incorporated, . . . 578

Southern Vermont Eailroacl, provisions affecting, .... 752

Special judgments against bankrupt and insolvent debtors, . . 541

Special justices, fees for taking bail, 594

Special justices of district, police and municipal courts, relating to

fees of, 531

Spirituous or intoxicating liquors, sale prohibited between the hours

of eleven at night and six in the morning, .... 560

Springfield, city of, charter amended; election of aldermen, . . 545

Springfield Safe Deposit and Trust Company, incorporated, . . 795

St. Jean Baptiste Society of Marlborough, proceedings confirmed, . 731

State aid, third commissioner of, salary established, .... 660

State aid for certain widows of soldiers, sailors, etc. , . . . 648
State aid laws, extended to the three months' troops, . . .617

State almshouse, improvements and repairs at, 906

State house, elevators to be constructed in, . . . . .921

repairs and improvements upon, 924

State library, allowance for books and improvements, . . . 913

State normal art school, a building provided for, .... 785
State poor, infected with dangerous diseases and supported by cities

and towns, 658

State primary school at Monson, allowance for fire escapes, etc., . 919

State prison, allowance for boilers at, 922

allowance for a storehouse and for repaii's at, . . . . 917

allowance for repairs at, ....... . 925

State tax of 1^1,500,000, apportioned and assessed, .... 820

State workhouse, in favor of, 904

male vagrants or tramps may be removed to, from jails and

houses of correction, 523

prisoners in, may be removed to the Massachusetts reformatory, 523

water supply for, 583

Statistics, industrial, printing and distribution, 910

Stenographers, official, may be appointed by judges of the superior

court, 731

Stockbridge, town of, water supply for, 569

Stockbridge and Pittsfleld Railroad Company, freight rates; of, . . 789

Street Railway Company, Naumkeag, may issue mortgage bonds, . 590

Naumkeag, certain acts confirmed, ...... 837

Salem, concerning, ......... 837

Striped bass and bluefish in waters of Edgartowu, act for protection

repealed, 690

Suflolk county, judge of probate and insolvency for, salary of judge, 648

register of probate and insolvency for, clerical assistance, . 648
superior court for civil business in, salary of second assistant

clerk, . . . 691

Summoning of witnesses, relating to, 598

Index. xxxvii

Page

Superior court, judges may appoint official stenographers for, . . 731

clerks may imprint fac-simile of signature, .... 776

return days and practice in, 890

for Essex county, to be held on first Monday in May, . . 639

for Hampden county, terms for criminal business, . . . 520
for Plymouth county, may hold sessions by adjournment at

Brockton, 593

for civil business in Suffolk, salary of second assistant clerk, . 691

Supervisors of elections, relative to oath of, 704

Supreme judicial court, retirement of justices, 611

return days and practice in, 890

may discharge a mortgage given for a contingent liability

vrhich has ceased to exist, 722

in the county of Worcester, terms for entering and hearing

questions of law, 536

Supreme Parliament of the Golden Rule Alliance, concerning mem-
bership of, 527

Survej'ors of highways ; trees in highways, 588

Swine and neat cattle, number assessed to be returned by assessors, 575

T. W. Tyler Manufacturing Company, named changed to the Lynn

Shoe Supply Company, 519

Taunton lunatic hospital, allowance for improvements at, . . . 914

Tax, state, of $1,500,000, apportioned and assessed, .... 820

Taxation, in cities, rate limited, 765

valuation throughout the Commonwealth of property subject

to, 815

of property, owned jointly with others, 615

of telephone companies, 679

in city of Boston, rate limited, 621

Taxes, county, granted, . . 908

Taxes for school books, abatement of, 546

Telegraphic messages, to secure greater care in transmission of, . 878

Telephone companies, taxation of, 679

to prevent discrimination by, 703

Tellers in town meetings, selectmen presiding may appoint, . . 697

Titles to real estate, settlement of, 722

Topographical survey, report of commissioners on, additional copies

of report to be printed, 907

Topographical survey and map of Massachusetts, rooms to be pro-
vided for commission on, 900

allowance for expenditures, 906

Towns :

Acton may refund certain taxes, 786

Belmont, water supply for, 742

xxxviii IxDEX.

Page

Towns — Continued.

Beverly, water supply for, 733

Bi'aintree, water supply for, 662

Braintree, may pay bounties to certain soldiers, . . . 536

Bridgewater, to be reimbursed for furnishing a court room, . 594

Brookfield may raise money for a history of the town, . . 572
Brookliue, may make annual appropriations for shade trees and

shrubs, 539

Canton, water supply for, 562

Carlisle, proceedings at town meeting confirmed, . . . 787

Chatham, proceedings at town meeting confirmed, . . . 566

Cohasset, may build bridge across Little Harbor, . . . 676

Concord, may raise money for a celebration of anniversary, . 569

Conway, property of academy may be transferred to, . . 639

Cottage City, allowance to, 923

Dennis, proceedings at town meeting confirmed, . . . 566

Dennis, acts of fish committee confirmed, .... 657

Dennis, bluefisli in waters of, 640

Erviug, water supply for, 632

Falmouth and Mashpee, boundary line established, . . . 808

Franklin, allowance to, 907

Grafton, proceedings of town meetings confirmed, . . . 673

Hanover and Pembroke, bouudai'y line established, . . . 630

Harwich, proceedings at town meeting confirmed, . . . 566

Harwich, bluefisli in waters of, 640

Holbrook, water supply for, 662

Kingston, water supply for, 680

Lexington, release to of right, etc., of Commonwealth in es-
tate of Elizabeth Bridge Gerry 901

Marlborough, additional water loan for, 595

Mashpee and Falmouth, boundary line established, . . . SOS

Melrose, additional water loan for, 7S7

Millis, incorporated, 524

Milton, water supply for, 841

Milton and Quincy, boundary line established, .... 616

Newbury, allowance to, 901

North Adams, may make a water loan in aid of the North

Adams fire district, 580

North Bi-ookfleld, may raise money for a history of the

town, 572

Norwood, water supply for, 553

Norwood, may change the grade of the Old Cemetery, . . 586

Orleans, proceedings at town meeting confirmed, . . . 566

Palmer, proceedings at town meeting confirmed, . . . S06

Pembroke and Hanover, boundary line, established, . . 630

Pittsfield, may renew water loan, 790

Plymouth, may issue securities to renew water loan, . . 540

Provincetown, proceedings at town meeting confii'mcd, . . 566

Index. xxxix

Page

Towns — Concluded.

Quiucj', may pay bounties to certain soldiers, .... 520

Quiucy and Milton, boundary line established, .... 616

Randolph, water supply for, 662

Randolph, maj^ pay bounties to certain soldiers, . . . 545

Reading, water supply for, 878

Sherborn, may remove remains of the dead from the Joseph

Sanger estate, 661

Stockbridge, water supply for, 569

Truro, proceedings at town meeting conlirmed, , . . 566

Watertown, part of, annexed to city of Cambridge, . . 543

Wellesley, may make additional water loan, .... 660

Wellfleet, proceedings at town meeting confirmed, . . . 566

Westfleld, election of water coramissionei's, .... 598
Westpoi't, may build bridge over east branch of Westport

River, 537

"West Brookfield may raise money for a history of the town, . 572

"Weymouth, proceedings relating to water supply, confli-raed, . 671

Williamstown, water supply for, 760

Woburn, public librarj^ in, 716

Yarmouth, proceedings at town meeting confirmed, . . 566

Yarmouth, blueflsh in waters of, 640

Yarmouth, acts of fish committee confirmed, .... 657
Town officers, meetings held for election of, provisions of ch. 299 of

1884 not to apply, 508, 809

Town meetings, selectmen presiding at, may appoint tellei's, . . 697

Towns, elections in, 508, 809

public records of, relating to, 903

may give care of public grounds to corporations within their

limits, 608

selectmen may make rules for regulation of carriages, . . 643
precinct voting in, proposed amendment to constitution to

provide for, to be voted upon by the people, . . . 908
Towns and cities, may appropriate any sum of money for necessary

aid to soldiers and sailors and entrust its disbursement to

grand array posts, . 638

may license skating rinks, 642

may lease public buildings to Posts of the Grand Army of the

Republic, 541

clerks to keep indexes of recorded insti-uraents, . . . 638

duties of clerks in relation to naturalization, .... 802

may license groves for picnics, etc., 759

to give notice concerning state poor infected with dangerous

diseases, • 658

Travellers at grade crossings of highways and railroads, protection

of, 577

Treasurer, county, correction of returns of votes for, . . . 675

xl Index.

Page
Treasurer and receiver-general, may borrow money in anticipation

of the revenue, 899

additional clerical assistance in office of, 515

salary established, . 698

Trees in highways, trimming, cutting down or removing, . . . 588

Trespass upon land appurtenant to prisons, 757

Trial justices, may sentence male persons to the Massachusetts re-
formatory, 816

fees for taking bail, 594

jurisdiction in cases concerning the inspection and sale of milk, 603
Troy and Greenlield Eailroad Company, may be consolidated with

certain other railroads, 747

Truancy, to pi'event, . 548

Truro, town of, proceedings in town meeting confirmed, . . . 566

Trust Company, Springfield Safe Deposit and, incorporated, . . 795
Trustees, of state primary and reform schools, with approval, etc.,
may lease Willow Park for temporary detention of inmates

of Lyman school for boys, 559

Eastern Eailroad Company, investment of sinking fund by, . 509
Perkins Street Methodist Episcopal Church of Chicopee, name
changed to The Trustees of the Central Methodist Episcopal

Church of Chicopee, 560

Ministerial Fund in the First Parish in Cambridge rnay make

certain investments, 698

Trinity Church in Bridgewater may transfer property to tlie

Trustees of Donations to the Protestant Episcopal Church, 537

Turnpike and Bridge Coi'poration, Plumb Island, acts confirmed, . 532

Unitarian Society of Grantville, named changed to the Unitarian

Society of Wellesley Hills, 816

United States Watch Company, name established, .... 532

Utah Emigrant Aid and Improvement Company, incorporated, . . 669

Vacancies in boards of health, relating to, 758

Vagrants, vagabonds, etc., may be committed to the Massachusetts

reformatory, 836

Vagrants or tramps, males, may be removed from jails and houses

of correction to the state workhouse, 523

Valuation of property subject to taxation, to secure a fair and equal, 815

Vermont and Massachusetts Railroad, provisions afi"ecting, . . 524

consolidation with the Troy and Greenfield Railroad, . . 749

Vinegar, to prevent the adulteration of, 604

Index. xli

Page
Vineyard Sound, bluefish in certain waters of, not to be taken with

nets or seines, 640

Volunteer militia, ambulance corps for each brigade, .... 678

military clothing for, 905, 912

Votes, recount of, in cities, upon question of licensing sale of intox-
icating liquors, 697

correction of eri'ors in returns of records of, ■ . , . 576, 675

penalty for counterfeiting, 690

Voters, temporary registrars of, may be appointed, .... 689

assessment and registration of, 712

not to be registered within thirty days of naturalization, . 804
Voting places in cities, relating to, . . ' 598

Walker, Benjamin, will of, release of rights of Commonwealth under, 903
Walnut Grove Cemetery Corporation of Danvers, may hold property

for improvement of cemetery, 610

Waltham Hospital, incorporated, 560

Waltham Watch Company, American, name established, . . . 519
Waltham Watch Tool Company, name changed to United States

Watch Company, 532

Wareham, Bourne's Cove in, bridge across, 676

Warehousemen, public, bonds of, 614

Warrants in bastardy cases, issuing of, 731

Washburn, William, allowance to, . 916

Watch Company, American, name changed to American Waltham

Watch Company, 519

United States, name established, 532

Watch Tool Company, Waltham, name changed, .... 532
Water Company, Amherst, may mortgage franchise and property to

secure its bonds, 711

Dedham, charter amended, 516

Framingham, may mortgage property to secure bonds, . . 623

Hill, incorporated, 569

Quincy, may supply town of Milton with water, . . . 841

Eeading, incorporated, 878

Williamstown, incorporated, 760

Water Supply Company, Watertown, may supply town of

Belmont with water, 745

Water loan for Abington, 651

Beverly, . . . . 735

Braintree, 664

Belmont, 743

Erving, 634

Fire District Number One of Greenfield, 644

Holbrook 664

xlii Index.

Page

"Water loan for Kingston, 681

Marlborough, 595

Melrose, 787

Norwood, 555

Noi'th Adams Fire District, 580

Fire District Number One of North Attleborough, . . 508

Pittsfield, 791

Eandolph, 664

Northampton, 582

Reading, 882

Rocliland, 651

Salem, . . . ' . . 741

South Abington, 651

Wellesley, 6G0

Williarastown, 763

Water Supply:

Abington, 649

Beverly, 733

Belmont, 742

Braintree, 662

State Workhouse at Bridgevvater, 583

Erving, 632

Hanson, 652

Holbrook, 662

Kingston, 680

Village of Miller's Falls, 635

Milton, 841

Norwood, 553

Randolph, 662

Reading, 878

Rockland, 649

Salem, 739

South Abington, 649

Stockbridge, 569

Weymouth, ........... 671

Williamstowi%, . . .760

Water Works, Orange, provisions aliecting, 637

Watertown, town of, part annexed to city of Cambridge, . . . 543
Watertown Water Supply Company may supply town of Belmont

with water, 745

Wellesley, town of, may make an additional water loan, . . . 660
The Grantville Religious Society in, name changed to The

Wellesley Hills Congregational Society, .... 545

Wellesley Hills, the Unitarian Society of, name established, . . 816

Wellfleet, town of, proceedings in town meeting confirmed, . . 566

Wellfleet Marine Insurance Company, incorporated, .... 644
Westborough insane hospital, trustees of, certain lauds may be

transferred to, 838

Index. xliii

Page

Westfield, town of, election of water commissioners, . . . 598
Westport, town of, may build bridge over east branch of Westport

River, 537

West Brookfleld may raise money for history of the town, . . 572
West Cambridge, The First Universalist Society of, name changed, 721
West Cambridge Orthodox Congregational Society, proceedings con-
firmed and name changed, 720

West Stockbridge Railroad Company, freight rates of, . ' . . 789

Weymouth, town of, proceedings relating to water supply confirmed, 671
Whistles, locomotive, sounding may be regulated by railroad com.

missioners, .......... 787

Widow, entitled to personal estate of intestate, if her husband leaves

no kindred, 718

Widow and family, rights of, in the family bnrial lot, . • . 756

Wife, penalty on husband for not supporting, 621

Will of a married woman, disposal of separate estate by, . . . 694
Williams College, real estate may be conveyed to, by the Mission

Park Association, 553

Trustees of the Delta Psi Society of, charter amended, . . 721

Williamstown, town of, water supply for, 760

Williamstown Water Company, incorporated, 760

Willow Park in Wesborough, may be used for the temporary deten-
tion of inmates of the Lyman school for boys, . . . 559

Winthrop Club, name established, 547

Witnesses, summoning of, 598

Witnesses, material, in capital cases, may be bound by recognizance

to appear and testify, etc., ....... 694

Woburu Public Library, incorporated, 716

Woman, married, disposal of separate estate by will or deed, . . 694
Women, may hold office of assistant register of deeds, . . . 509
Women, Horticultural school for, corporation dissolved, . . . 552
Women, reformatory prison for, employment of prisoners ; punish-
ment for escape, ......... 562

additional land for, 729

allowance for a barn, etc., at, 915

Wooden flues for heating and ventilating purposes in certain public

buildings, prohibited, 780

Worcester, city of, may take the old common and rights of the first

parish therein, for public park, etc., 596

Worcester, city of, public parks and shade trees in, .... 611
Worcester, city of, allowance for grading certain streets on lands of

the state in, 918

Worcester County, law terms of the S. J. C. therein, . . . 536
Worcester County, registries of deeds in, certain records may be

copied, etc., 780

Worcester, Northern, first district court of, salary of clerk, . . 729
Workhouse, state, male vagrants or tramps may be removed to, from

jails and houses of correction, 523

xliv Index.

Page

Workhouse, state, prisoners in, may be removed to the Massachu-
setts reformatory, 523

Workhouse, state, water supply for, 583

Workliouse, state, iu favor of, 904

Wrecks and shipwrecked goods, relating to, 792

Writs issued by district, police and municipal courts, may run into
any county when one of several defendants resides in the
district, 533

Yarmouth, town of, proceedings at town meeting, confirmed, . . 566

acts of fish committee confirmed, 657

blueflsh in waters of, 640

APPENDIX.

The following tables have been prepared by Charles U. Bell, Esq.,
appointed to that duty under Chap. 238 of the Acts of 1882, which
authorized the Governor to appoint some person to prepare " tables
showing what general statutes have been afl'ected by subsequent
legislation, in such manner as to furnish ready reference to all
changes in such statutes."

A TABLE SHOWING WHAT GENERAL STATUTES OF THE

COMMONWEALTH AND WHAT CHAPTERS OF THE

PUBLIC STATUTES HAVE BEEN AFFECTED

BY SUBSEQUENT LEGISLATION.

STATUTES OF THE COMMONWEALTH.

[The changes are more fully stated under the appropriate chapter of the Pu))lic Statutes.]

ST. 1853.
CHAPTER 365.
AN ACT RELATING TO THE HARBOR OF GLOUCESTER.
Repealed. Stat. 1885, c. 315. P. S., c. 19.

ST. 1869.

CHAPTER U3.

AN ACT TO AMEND AN ACT RELATING TO THE HARBOR OF GLOU-
CESTER.

Repealed. St. 1885, c 315. P. S., c. 19.

ST. 1874.

CHAPTER 372.

AN ACT CONCERNING BONDS OF RAILROAD CORPORATIONS.

Acts done under this act are ratified. St. 1883, c. 7, § 1. P. S., c. 112,
§ 62.

CHAPTER 406, Section 1.

AN ACT IN ADDITION TO AN ACT MAKING APPROPRIATIONS, Etc.

In part repealed. St. 1882, c. 238, § 3. P. S., c. 4.

xlviii Public Statutes.

ST. 1877.
CHAPTER 186.
AN ACT IN RELATION TO OVERSEERS OF THE POOR.
Amended. St. 1883, c. 203, § 1. P. S., c. 27, § 65.

ST. 1878.

CHAPTER 255.

AN ACT IN RELATION TO THE ELECTION OF SELECTMEN AND
ASSESSORS IN TOWNS.

Amended. St. 1883, chap. 203, § 1. P. S., c. 27, § 69 et seq.

ST. 1881.
CHAPTER 44.
AN ACT TO REGULATE THE TAKING OF FISH, Etc.
Section 4, amended. St. 1883, c. 76, § 2. P. S., c. 91.

ST. 1882.

CHAPTER 28, Section 1.

AN ACT CONCERNING THE CORRECTION OF ERRORS IN COPIES OF
RECORDS OF VOTES AND THE PUBLICITY OF ELECTION
RETURNS.

Amended. St. 1885, c. 108. P. S., c. 7.

CHAPTER 65.

AN ACT FOR THE PROTECTION OF STRIPED BASS AND BLUEFISH
IN THE WATERS OF EDGARTOWN.

Repealed. St. 1885, c. 247.

CHAPTER 74.

AN ACT RELATIVE TO THE PRESERVATION OF CHECK LISTS IN

CITIES.

Repealed by St. 1884, c. 299, § 44. P. S., c. 7.

CHAPTER 102.
AN ACT CONCERNING FISHERIES, Etc.
Amended. St. 1884. c. 245. P. S., c. 91.

Table op Changes. xlix

CHAPTER 106.

AN ACT IN RELATION TO THE TAXATION OF FOREIGN MINING,
QUARRYING AND OIL COMPANIES.

Amended by St. 1883, e. 74. Affected by St. 1884, c. 330, § 3. P. S.,
c. 18.

CHAPTER 189.

AN ACT TO PERMIT WOMEN TO PRACTISE AS ATTORNEYS-AT-LAW.

Women so admitted to practise maybe special commissioners. St. 1883,
c. 252. P. S., c. 18.

CHAPTER 179.

AN ACT RELATIVE TO PARADING WITH ARMS BY ASSOCIATIONS
COMPOSED OF SOLDIERS.

Superseded. St. 1884, c. 230, § 15. P. S., c. 14, § 127.

CHAPTER 212.
AN ACT TO ESTABLISH AN AGRICULTURAL EXPERIMENT STATION.
Reports provided for. St. 1883, c. 105. P. S., c. 20.

CHAPTER 231.

AN ACT TO ALLOW SAVINGS BANKS AND INSTITUTIONS FOR
SAVINGS TO MAKE ADDITIONAL INVESTMENTS.

Amended. St. 1885, c. 124. P. S., c. 116, § 20.

CHAPTER 237.

AN ACT RELATING TO THE SETTLEMENT OF TITLES TO REAL

ESTATE.

Extended. St. 1885, c. 283. P. S., c. 176.

CHAPTER 247.

AN ACT RELATING TO THE CORRECTION OF NAMES UPON TAX

BILLS, Etc.

Repealed. St. 1884, c. 298, § 53. P. S., c. 6.

CHAPTER 260.

AN ACT RELATING TO THE INSPECTION AND SALE OF CERTAIN

OILS.

Repealed. St. 1885, c. 122. P. S., c. 102.

Public Statutes.

CHAPTER 251.

AN ACT RELATING TO CO-OPERATIVE SAVING FUND AND LOAN

ASSOCIATIONS.

Amended. Stat. 1885, c. 121. P. S., c. 117.

CHAPTER 263.

AN ACT RELATING TO THE ADULTERATION OF FOOD AND DRUGS.

Amended. St. 1883, c. 263, § 1. St. 1884, c. 289, § 6. Affected,
St. 1885, c. 352, § 5. P. S., c. 208.

CHAPTER 268.

AN ACT TO PROVIDE FOR THE CORRECTION OF OMISSIONS IN THE
REGISTRATION OF VOTERS.

Repealed. St. 1884, c. 298, § 53. P. S., c. 6.

CHAPTER 270, Section 4.
AN ACT FOR THE BETTER PROTECTION OF CHILDREN.
Amended. St. 1884, c. 210. St. 1885, c. 176. P. S., c. 48.

CHAPTER 274.

AN ACT CONCERNING TRANSPORTATION OF LOGS AND TIMBER
UPON THE CONNECTICUT RIVER.

Section 2, repealed. St. 1883, c. 183, § 3. P. S., c. 94.

ST. 1883.

CHAPTER 52.

AN ACT TO EXTEND THE TIME WITHIN WHICH SAVINGS BANKS,
Etc., may SELL CERTAIN REAL ESTATE, Etc.

Amended. St. 1883, c. 248. P. S., c. 116.

CHAPTER 157.
AN ACT RELATING TO THE EMPLOYMENT OF MINORS AND WOMEN.
Limited. St. 1884, c. 275, § 4. P. S., cc. 48, 74.

CHAPTER 187.

AN ACT IN RELATION TO BOARDING HOUSES AND BOARDING-
HOUSE KEEPERS.

Amended. St. 1884, c. 169. P. S., c. 102, § 13.

Table of Changes. li

CHAPTER 218.
AN ACT TO REGULATE THE SALE OF COAL BY MEASURE.
Amended. St. 1884, c. 70. P. S., c. 60, § 82.

CHAPTER 223, Section 5.

AN ACT GRANTING JURISDICTION IN EQUITY TO THE SUPERIOR

COURT.

Amended. St. 1884, c. 316. P. S., c. 151.

CHAPTER 229.

AN ACT AUTHORIZING MODERATORS AND TOWN CLERKS TO
APPOINT TELLERS IN TOWN MEETINGS.

Amended. St. 1885, c. 261.

CHAPTER 202.

AN ACT GIVING TO A WIFE THE RIGHT OF INTERMENT IN A
BURIAL LOT OR TOMB OWNED BY HER HUSBAND.

Not affected by St. 1885, c. 302. P. S., c. 82, § 3.

CHAPTER 263.

AN ACT TO AMEND AN ACT RELATING TO THE ADULTERATION OF

FOOD AND DRUGS.

Repealed. St. 1884, c. 289, § 6. P. S., c. 208.

ST. 1884.

CHAPTER 56.

AN ACT TO LIMIT THE LIABILITY WHICH MAY BE INCURRED BY
ANY ONE PERSON TO SAVINGS BANKS, Etc.

Repealed. St. 1884, c. 168. P. S., c. 116, § 20.

CHAPTER 64.

AN ACT TO PREVENT THE SPREAD OF CONTAGIOUS DISEASES
THROUGH THE PUBLIC SCHOOLS.

Amended. St. 1885, c. 198. P. S., c. 47.

CHAPTER 166.

AN ACT RELATING TO THE PRINTING AND DISTRIBUTION OF THE
LAWS AND PUBLIC DOCUMENTS.

Repealed. St. 1885, c. 369, § 4. P. S., c. 4.

lii Public Statutes.

CHAPTER 190.

AN ACT RELATING TO THE EXAI\nNATION OF CANDIDATES FOR

DISTRICT POLICE.

Repealed. St. 1885, c. 186. P. S., c. 103.

CHAPTER 215.

AN ACT TO PROVIDE FOR COMPOSITION WITH CREDITORS IN

INSOLVENCY.

Amended. St. 1885, c. 353. P. S., c. 157.

CHAPTER 247.
AN ACT EXTENDING THE AUTHORITY TO SUMMON WITNESSES.
Repealed. St. 1885, c. 141. P. S., cc. 155, 169.

CHAPTER 255
AN ACT TO ESTABLISH A REFORMATORY FOR MALE PRISONERS.
Added to. St. 1884, e. 331. St. 1885, c. 35. P. S., c. 221.

CHAPTER 298.

AN ACT TO ASCERTAIN BY PROPER PROOFS THE CITIZENS WHO
ARE ENTITLED TO THE RIGHT OF SUFFRAGE.

Section 25, amended. St. 1885, c. 279, § 6. P. S., c. 6.

CHAPTER 299.
AN ACT CONCERNING ELECTIONS AND VOTING THEREIN.
Amended. St. 1885, cc. 5, 351. P. S., c. 7.

CHAPTER 307.
AN ACT TO PREVENT THE ADULTERATION OF VINEGAR.
Section 2, amended. St. 1885, c. 150. P. S., c. 60.

ST. 1885.
CHAPTER 6..
AN ACT CONCERNING ELECTIONS IN TOWNS.
Amended. St. 1885, c. 351. P. S., c. 7.

Table of Changes. liii

PUBLIC STATUTES.

CHAPTER 1.

OF THE JURISDICTION OF THE COMMONWEALTH AND PLACES
CEDED TO THE UNITED STATES.

Sect. 1. Provision is made for defining the boundary' line between
Massachusetts and Rhode Island. St. 1883, cc. 113 ; 154.

Sect. 4. The United States are given concurrent jurisdiction with the
Commonwealth over lands of the United States Fish and Fisheries Com-
mission. St. 1882, c. 131.

CHAPTER la.
OF THE GREAT SEAL
The form of the Great Seal is established. St. 1885, c. 288.

CHAPTER 2.

OF THE GENERAL COURT.

The pay of members of the legislature is increased from $500 to $650.
St. 1884, c. 319.

Sects. 5-14. The law as to the notice to be given of petitions to the
legislature is revised and amended. St. 1885, c. 24.

Sects. 17, 18. The compensation of the messengers is fixed at five dol-
lars per day ; of the doorkeepers, assistant doorkeepers and postmaster at
five dollars per day and one hundred dollars in addition ; and of the pages
at three dollars per day. St. 1882, c. 257, § § 2, 3.

Sect. 21. The salaries of the clerks of the senate and of the house of
representatives are increased from $2,500 to $3,000. St. 1884, c. 329.

Sect. 22. The salaries of the assistant clerks of the senate and of the
house of representatives are increased from $900 to $1,500. St. 1882,
c. 257, § 1 ; 1884, c. 334.

Sects. 24, 35. The provisions relating to the annual election sermon are
repealed. St. 1884, c. 60.

Sect. 27. The limit of the number of doorkeepers, assistant door-
keepers, messengers and pages is increased from twenty-five to thirty-two.
St. 1882, c. 257, § 4.

Sect. 34. No session of the legislature is to be held and public offices
are to be closed on Monday when Christmas falls on the Sunday preeediug.
St. 1882, c. 49.

liv Public Statutes.

CHAPTER 3.
OF THE STATUTES.

Sect. 1. When an act is required to be aecepted_ by a municipal or
other corporation, a return must be made bj' them of their action to the
secretary of the Commonwealth. St. 1883, c. 100.

Sect. 3. " Mayor and aldermen," unless it is otherwise provided, shall
be construed to mean "board of aldermen," except in case of appoint-
ments. St. 1882, c. 164.

" Net indebtedness" of towns, cities and districts in the laws regulating
the investments of banks, etc., shall be computed omitting water debts
and deducting sinking funds. St. 1883, c. 127.

Any dail}' or weekly periodical devoted exclusively to legal news shall be
deemed to be a newspaper for the insertion of legal notices. St. 1885,
c. 235.

CHAPTER 4.

OF THE PRINTING AND DISTRIBUTION OF THE LAWS AND PUBLIC

DOCUMENTS.

Tables of changes in the Public Statutes b}' subsequent legislation, and
indexes, are to be prepared and published with such editions of the laws as
the governor directs. St. 1882, c. 238.

Sect. 1. Six thousand copies of the blue book are to be printed, instead
of four thousand five hundred, and the members of the general court and
clerk of the two branches are to receive ten copies instead of eight copies
each. St. 1884, c. 1G6, § 1 ; 1885, c. 369, § 2.

Sect. 7. "Of labor" is added after "bureau cf statistics." St. 1882,
c. 6, § 1.

The number of copies of reports to be printed is changed and in some
cases their distribution. St. 1884, c. 166 ; 1885, c. 369.

Sect. 10. The assistant clerks are given the same documents as the
clerks. St. 1882, c. 158.

By Res. 1882, c. 57, a contract for the state printing for five j-ears is to
be made in the mode there provided.

Sects. 9-10. The number of legislative manuals is increased and one
copy is given to each town and city clerk. St. 1883, c. 55.

CHAPTER 5.

OF THE STATE HOUSE, THE SERGEANT-AT-ARMS, AND STATE

LIBRARY.

The Commonwealth Building is put in charge of the same officers and
committee as the state house, and the janitor and fireman at Pemberton
Square are transferred to it. St. 1884, c. 14.

Sect. 10. The salary of the Sergeant- at-arms is increased from 82,500
to 83,000. St. 1884, c.'333.

Table of Changes. Iv

Sect. 18. Two thousand dollars, instead of eighteen hundred, is
allowed for assistance in the State library. St. 1882, c. 29.

Sect. 20. The amount annually appropriated for books, furniture, etc.,
is increased from $2,300 to $3,300. St. 1882. c. 196.

CHAPTER 6.
OF THE QUALIFICATION AND REGISTRATION OF VOTERS.

This chapter is repealed and a new chapter is substituted. St. 1884,
c. 298.

Temporar}^ registrars of voters may be appointed when a member of the
board is absent or unable to act. St. 1885, c. 246.

Farther provision is made for the assessment and registration of voters
and for hearings on the question of residence. At such hearings false
swearing is perjury. St. 1885, c. 271.

CHAPTER 7.

OF THE MANNER OF CONDUCTING ELECTIONS AND RETURNING

VOTES.

This chapter, with the acts amending it, is revised. St. 1884, c. 299.

The provisions of this act shall not apply to town meetings held for the
election of town officers, and all acts repealed are revived. St. 1885, cc. 5,
351.

Sect. 5. The time for designating the polling places in cases of special
elections is reduced from thirt}' to ten days. If no convenient place can
be had within the precinct a place in an adjoining precinct may be desig-
nated. St. 1885, c. 142.

The supervisors may be sworn before the town clerk or any officer
qualified to administer oaths. St. 1885, c. 268.

Selectmen presiding at town meetings may appoint tellers to aid them
in checking names of voters or in assorting and counting votes. They
shall be chosen equally from the two chief political parties. Such teller is
subject to the same penalties as the officer who appoints him. St. 1883,
c. 229 ; 1885, c. 261.

Sect. 14. Ballots with a certificate of their genuineness may be filed
with the city clerk seven days before election, and any attempt to counter-
feit or imitate such certificate is punished. St. 1885, c. 248.

Sects. 26, 27. Detached stickers or sepnrate pieces of paper of a sur-
face of less than six square inches, are not to be counted but are to be
preserved. St. 1882, c. 260.

Sects. 36, 52. Where the ballots are recounted, the candidates must be
notified and may be present personally or by an agent appointed in writing.
St. 1883, c. 42.

Sect. 45. If the copies of the records of votes ai*e incomplete or
erroneous, new copies ma}' be required. Wilful neglect to furnish them is
punished. St. 1882, c. 28, § § 1, 2.

Ivi Public Statutes.

An abstract of the returns, and a statement of all cases where corrected
returns have been received, are furnished to newspapers applying, and the
copies are open to inspection by persons interested. St. 1882, c. 28, § 3.

St. 1882, c. 28, which provides for the correction of errors in the returns
of votes under this section, is extended to all returns of votes required by
law. St. 1885, c. 108.

Sects. 48-50. If the copies of votes for county commissioners, county
treasurer or register of deeds appear to be incomplete or erroneous,
new copies may be required. A penalty is imposed on any delay in for-
warding or filing the new copies. St. 1885, c. 229.

Sect. 55. AVhoever, knowing that he is not a qualified voter, votes for
any ofBcer, is punished. St. 1885, c. 351.

§§ 1, 2, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 34, 36, 38, 39, 51, 52, 55,
62, are repealed. St. 1884, c. 299, § 44.

CHAPTER 8.
OF THE ELECTION OF GOVERNOR AND OTHER STATE OFFICERS.

Sect. 13. Both certificates of election are to be transmitted within fifteen
da^'s instead of one in ten days, and the other before the first Wednesday
of January. St. 1885, c. 107, § 1.

Sect. 14. So under this section the certificates are to be transmitted
within fifteen days instead of one within ten days and the other before the
first da}' of January. St. 1885, c. 107, § 2.

CHAPTER 9.

OF THE ELECTION OF REPRESENTATIVES IN CONGRESS AND
ELECTORS OF PRESIDENT AND VICE-PRESIDENT.

Sects. 1, 2. Anew division of the state into congressional districts is
made. St. 1882, c. 253.

CHAPTER 11.

OF THE ASSESSMENT OF TAXES.

Sect. 4, which defines taxable personal estate, is amended in the line
reading " but not including in such debts due an}' loan on mortgage of real
estate," by striking out " due " and inserting in its place " or indebtedness."
St. 1882, c. 76.

Sect. 5, cl. 3. The exemption given to literar}', sclentiGc and charitable
institutions, is lost by wilfully omitting to bring in the list required, but this
act does not applv to corporations making returns to the insurance commis-
sioner. St. 1882", c. 217, §§ 2, 4.

Sect. 5, cl. 10. That the property is owned in common with others does
not affect the exemption. St. 1885, c. 169.

The property of the Lynn Workingmen's Aid Association is exempt.
St. 1884, c. 184.

Table of Chastges. Ivii

Sect. 5, cL 9. The real estate and buildings of unincorporated horticul-
tural societies, so far as used for offices, libi-aries and exhibitions, is exempt.
St. 1884, c. 176.

Sect. 14, which provides for the taxation of mortgaged real estate, and
prevents double taxation, is amended by clianging "taxable real estate"
in the first line, to " real estate not exempt from taxation under section five
of this chapter." St. 1882, c. 175.

Sect. 20. Two classes are added : 8th, personal property held by an
assignee in insolvenc}', or by an assignee for creditors, is assessed to him at
the insolvent's place of business, or if he had none, at his residence ; 9th,
personal property held by joint owners or tenants in common, not partners,
to them according to their respective interests at the place where the}'
respectively reside. St. 1882, c. 165.

Sects. 31, 35. The taxes assessed, exclusive of state tax, county tax
and sums required to be raised for the city debt, shall not exceed twelve
dollars on ever}' thousand of the average valuation of the preceding years,
and any order or appropriation requiring a larger assessment is void.
St. 1885, c. 312, § 1.

Sect. 38. A sworn statement of mortgaged real estate, giving the
amount of the mortgage, must be filed or the interest of the mortgagee
need not be assessed to him. St. 1882, c. 175, § 1.

A list of property held for literary, benevolent, charitable, or scientific
purposes, and of all receipts and expenditures for said purposes, is required
of persons and corporations except such as make returns to the insurance
commissioner under Pub. St. c. 11, § 115. St. 1882, c. 217, § 1.

Sect. 52 The title of the first column of the valuation book is changed
from " Names of Persons Assessed" to " Names and Residences of Persons
Assessed." St. 1883, c. 41, § 1.

Sect. 53. In the first column, the street and number of the person's
residence are to be added to the name. St. 1883, c. 41, § 2.

Sect. 54. Two new clauses are inserted requiring the assessors to enume-
rate and return the number of neat cattle other than cows assessed, and the
number of swine assessed. St. 1885, c. 106.

Sects. 54, 55. Copies of the assessors' books, instead of being deposited
with the secretary of the Commonwealth on the fifth and tenth years, are to
be deposited every third year, beginning with 1883. The copy of the table
of aggregates is to be deposited each year, instead of eight years out of
ten. St. 1883, c. 91.

Sect. 71. On petitions for the abatement of taxes, the county com-
missioners on appeal may make such order as to costs as justice requires,
but taxable costs shall not be given to a party who has failed to file a list
of his property. St. 1882, c. 218.

Sect. 77. Dues or taxes for school books may be abated under this
section. St. 1885, c. 67.

Sect. 90. The assessors, with the statement of exempt propert}^, must
send to the tax commissioner all lists and statements filed by persons or
cori)orations holding property for literary, benevolent, charitable or scien-
tific purposes. St. 1882, c. 217, § 3.

Iviii Public Statutes.

Sect. 91. In addition to the debts and assets, the amount of the sink-
ing funds or annual proportionate payments of debts must be given.
St. 1882, c. 133, § 2.

Sect. 92. The return as to steam boilers in Boston shall be made by
the inspector of buildings. St. 1882, c. 252, § 5.

CHAPTER 12.
OF THE COLLECTION OF TAXES.

Sect. 35. The surplus from tax sales must lie deposited in the city or
town treasury, and paid over to the owner on demand. St. 1884, c. 162.

Sect. 39. The objections to the title must be stated, if an offer to sur-
render a tax deed must be made, and the time for the surrender of exist-
ing deeds is limited. St. 1882, c. 243, § 3.

Sect. 50. Every person acquiring a tax-title must file his address with
the treasurer, and, if a non-resident, must appoint an agent authorized to
execute a release and to receive service, and to whom a tender may be
made. St. 1882, c. 243, § § 1, 2.

Sect. 58. Towns are required to sell lands taken or purchased for taxes
within two years, instead of forthwith. St. 1883, c. 101.

The sale is made b}^ the collector for the time being. If no person
appears to bid an amount equal to the sum due at the original sale or taking
with all intervening charges, the collector may purchase for the city or
town, under section 40. St. 1884, c. 242.

CHAPTER 13.
OF THE TAXATION OF CORPORATIONS.

Sect. G. The tax commissioner must furnish blanks for the returns of
property held for literarj^, benevolent, charitable or scientific purposes.
St. 1882, c. 217, § 3.

It would appear that he should send the blanks for steam boiler returns
in Boston to the inspector of buildings and not to the assessors. St. 1882,
c. 252, § 5.

Sects. 17, 40. Title insurance companies are taxed under these sec-
tions. St. 1884, c. 180.

Sect. 20. The time during which real estate held by savings banks, by
foreclosure or purchase at mortgage sales, is exempt, is extended. (See
c. 116, § 20, cl. 8 ) St. 1883, c. 248.

Sect. 24. In this section the name " co-operative savings fund and loan
association" is changed to "co-operative bank." St. 1885, c. 121, § 3.

Sects. 38-40. Telephone companies are hereafter to be taxed under
these sections. St. 1885, c. 238.

Sect. 42. Every corporation or association for mining, quarrying, or
getting earth oils, or holding lands, organized out of the Commonwealth,
which opens an office in the Commonwealth, must pay a tax ; and the
ofl[icers and agents here are liable for such taxes. St. 1882, c. 106 ;
St. 1883, c. 74.

Table of Changes. lix

CHAPTER 14.
OF THE MILITIA

The amount now in the treasury on account of Ijounties and allotments
to soldiers is transferred to the bounty loan sinking fund. Claims against
it are to be filed with the auditor and allowed by him. St. 1882, c. 112.

An ambulance corps is added to the militia. St. 1885, e. 236.

Sect. 23. One or more of the infantry regiments may be trained as
heavy artillery. St. 1882, c. 97.

Sects. 22, 25. The signal corps is attached to the brigade staff. St.
1884, c. 230, §§ 1, 3.

Sect. 23. The direction as to the companies and battalions is repealed.
St. 1884. c. 230, § 2.

Sect. 30. The regimental bands are increased from eighteen to twentv-
four pieces. St. 1884, c. 230, § 4.

Sect. 31. Officers of the signal corps are allowed horses. St. 1884,
c. 230, § 5.

Sects. 35, 54. Medical officers are hereafter to be examined by three
medical officers. St. 1884, c. 230, § § 6, 8.

Sect. 54. If an officer when ordered fails to appear before or to pass
the board of examiners, he shall be discharged. St. 1884, c. 230, § 9.

Sect. 59. In case of a vacancy in the office of captain, the commanding
officer of the regiment or battalion appoints a recruiting officer. St. 1884,
c. 230, § 7.

Sect. 69. An enlisted man may also be discharged on the application ot
his company commander approved b}' superior commanders. St. 1884,
c. 230, § 10.

Sect. 78. Military property is to be returned immediately. St. 1884,
c. 230, § 11.

Sect. 80. Commanders of companies shall receive fifty dollars per
annum for care of the property. St. 1884, c. 45.

Sect. 91. The Grand Arm}' may be allowed to use the State camp
ground. Res. 1882, c. 15.

Sect. 98. The certificate as to the rent of armories and headquarters
is modified so that it shall state the amount paid or charged for such rent
instead of the amount paid. St. 1885, c. 147.

Sect. 108. Parade for drill may be in September or October, as well as
in May or June. St. 1884, c. 230, § 12.

Sect. 109. The encampment may be in June. St. 1884, c. 230, § 13.

Sect. 111. The report is to be made by the inspector-general to the
commander-in-chief. St. 1884, c. 230, § 14.

Sect. 127. To the associations which may parade with arms are added
associations of honorably discharged soldiers, at the decoration of soldiers'
graves. St. 1882, c. 179.

Applications for leave to parade with arms must be approved by the
town or city authorities. St. 1884, c. 230, § 15.

Sect. 130. The compensation of the militia and the allowance for
forage and horses is revised and changed. St. 1882, c. 178.

Sect. 150. Fines under by-laws may be collected by suit. St. 1884,
c. 230, § 16.

Ix Public Statutes.

CHAPTER 15.

OF THE EXECUTIVE DEPARTMENT AND THE SECRETARY OF THE

COMMONWEALTH.

Sect. 1. The salary of the governor after 1884 is $5,000 instead of
S4,000. St. 1884, c. 328.

Sect. 5. The salary of the private secretary of the governor is raised
from Si, 500 to $2,000, St. 1885, c. 77.

Sect. G. The salary of the executive clerk is raised from $1,200 to
$1,500. St. 1884, c. 8.

The salar}^ of the executive messenger is raised from $800 to $900.
St. 1884, c. 38.

Sect. 9. The salary of the secretary of the Commonwealth is raised
from $2,500 to $3,000. St. 1884, c. 79.

Sect. 10. The salary of the first clerk of the secretary is raised from
$1,800 to $2,000. St. 1885, c. 87.

And of the third clerk from $1,200 to $1,300. St. 1883, c. 48.

The allowance of the secretary of the Commonwealth for clerk hire is
increased from $10,000 to $11,000. St. 1884, c. 15.

Sect. 15. The dutj' of furnishing blank forms for returns of criminal
cases pending, is transferred from the secretary to the commissioner of
prisons. St. 1882, c. 226.

CHAPTER 16,
OF THE AUDITOR, TREASURER, AND MATTERS OF FINANCE.

The par of exchange established by U. S. Rev. St., § 3565, is adopted.
St. 1882, c. 110.

Sect. 2. The salary of the auditor is raised from $2,500 to $3,000 and
that of his first clerk from $1,800 to $2,000. St. 1885, c. 195.

Sect. 7. The auditor is required to submit an abstract of his report by
January 30, and the full report as soon as ma}' be. St. 1884, c. 207.

Sect. 17. The salary of the treasurer is raised from $4,000 to $5,000.
St. 1885, c. 263.

He is allowed one more clerk. St. 1882, c. 111. He is also allowed a
fund clerk. St. 1883, c. 164. And he may temporaril}^ employ additional
clerical assistance at an expense not exceeding one thousand dollars in any
one year. St. 1885, c. 15.

Sect. 26. The annual financial estimates are hereafter to be made to the
auditor instead of to the secretary. St. 1885, c. 41.

Sect. 28. Money for small expenses may be advanced to oflScers author-
ized to expend mone}'. St. 1884, c. 179.

Sect. 42 is repealed, and the power of committees to cause hearings
to be advertised is limited. St. 1885, c. 371.

Sect. 52. Money from sales of public property must be accompanied b}'
a sworn itemized account, approved hy the proper officers. St. 1884,
c. 326.

Sect. 60. The authorized investments of the state funds are enlarged.
St. 1882, c. 130.

Table of Changes. Ixi

CHAPTER 17.
OF THE ATTORNEY-GENERAL AND THE DISTRICT ATTORNEYS.

The salary of the district attorney for the eastern district is raised from
$1,800 to $2,400, and he is given an assistant at $1,000 per annum.
St. 1882, cc. 156-157.

The salaries of the first and second assistant district attorne3's for the
Suffolk district are raised from $2,400 and $2,000 respectively to $2,500.
St. 1882, c, 245, § 2.

Sect. 15. The salary of the district attorney for the middle district is
raised from $1,800 to $2,100. St. 1885, c. 1G8.

CHAPTER 18.

OF NOTARIES PUBLIC AND COMMISSIONERS TO ADMINSTER OATHS
OF OFFICE AND TO TAKE ACKNOWLEDGMENTS OF DEEDS, Etc.

Women who are attorney's may be appointed special commissioners to
adminster oaths and take acknowledgments and depositions. St. 1883,
c. 252.

Sect. 14. The commissioner may take his official oath before a minister
or consul of the United States. St. 1885, c. 31.

CHAPTER 19.
OF THE BOARD OF HARBOR AND LAND COMMISSIONERS.

The commissioners are given the care and custody of the Connecticut
river, and are to cause it to be surveyed. St. 1885, c. 344.

Sect. 7. Regulations are established for Gloucester harbor. St. 1885,
c. 315.

The harbor lines at East Boston are established. St. 1882, c. 48.

So at Gloucester. St. 1882, c. 103 ; St. 1883, c. 109.

So at Haverhill. St. 1883, c. 104.

Sects. 10, 11, 12. Shall apply to the Connecticut river. St. 1885, c.
344, § § 2, 3.

CHAPTER 20.
OF THE STATE BOARD OF AGRICULTURE.

An agricultural experiment station at the Agricultural College in Amherst
is established. St. 1882, c. 212.

The board of control of the station must report annuall}'. St. 1883,
c. 105.

An additional sum of $5,000 annually is allowed for the maintenance of
the experiment station. St. 1885, c. 327.

Sect. 4. The salary of the secretary is raised from $2,000 to $2,500.
St. 1883, c. 184.

The sum allowed to the secretary for clerical services, besides his regular
clerk, and for lectures, is increased from $400 to $800. St. 1884, c. 6Q.

Ixii Public Statutes.

CHAPTER 21.

GENERAL PROVISIONS RELATING TO STATE OFFICERS.

All official bonds which are in the custody of the treasurer or are by law
approved by the governor and council, must be examined once a 3'ear or
oflener. St. 1885, c. 32.

CHAPTER 22.

OF COUNTIES AND COUNTY COMMISSIONERS.

Sect. 14. The sum allowed for the pay of the county commissioners is
raised in Essex from S3. 200 to S3, 900 ; for the count}' of Middlesex from
$3,000 to $4,500 ; for Norfolk from 61,900 to $2,700. St. 1885, c. 277.

Sect. 15. The sessions of the count}' commissioners in Berkshire are
changed from the first Tuesday of April, July and September, and the last
Tuesday of December, to the first Tuesday of January, April, July and
October. St. 1883, c. 63.

Sect. 26. This section, giving the right to act on certain matters at
other times than regular meetings, is limited to the regular commissioners,
and is made expressly applicable to the issuing of orders of notice. St.
1885, c. 91.

CHAPTER 23.

OF COUNTY TREASURERS AND COUNTY FINANCES.

Sect. 2. The salary of the treasurer of Hampden county is raised from
$1,200 to $1,500. St. 1884, c. 112.

CHAPTER 24.
OF REGISTERS OF DEEDS.

Sect. 5. Worcester county is divided for registry purposes, and Fitch-
burg, Lunenburg, Leominster, Westminster and Ashburnham are made the
northern district, and provision is made for the appointment of a register
and the transler of papers. St. 1884, c. 40.

Sect. 9. Women may be appointed to the office of assistant register of
deeds. St. 1885, c. 7.

Sect. 22. After January 1, 1886, the indexes in registries of deeds,
except Suffolk, shall have a new head under which shall be entered the
towns in which the lands lie. St. 1885, c. 29.

CHAPTER 25.
OF SHERIFFS.

Sect. 20. Writs or processes in favor of as well as against a sheriff are
to be so served. St. 1885, c. 75.

Sect. 22. The sheriff of Dukes county is given the fees in addition to
his salary. St. 1884, c. 209.

Table of CnANaES. Ixiii

CHAPTER 26.
OF MEDICAL EXAMINERS.

Sect. 2. A new district is made in Franklin count}', for which a new
examiner is to be appointed. St. 1884, c. 321.

Sect. 9. The fees of medical examiners are changed ; for a view with-
out an autops}' being raised from four to five dollars, and the fee for travel
from five to ten cents per mile. St. 1885, c. 379, § 1.

Sect. 11. A report of each autopsy is to be filed with the district attorney,
with a certificate that it was necessary. Except in Suffolk, the district
attorney must certifv that it was, in his opinion, necessary, before the fee can
be paid. St. 1885,''c. 379, § 7.

Sect. 25. Special justices of police, district or municipal courts who
receive compensation only under P. S., c. 154, § 26, are given the same
fees at inquests as trial justices. St. 1885, c. 40.

The same fees are allowed to witnesses and oflflcers at inquests as in
criminal prosecutions before trial justices. St. 1883, c. 61.

The fees of the witnesses are fixed. St. 1885, c. 379, § 2.

Sect. 26. A 3'early report to the secretary of the Commonwealth is
required, for which the examiner is given a fee. The secretary reports the
tabular results of the returns to the legislature with the return of births,
deaths and marriages. St. 1885, c. 379, § § 3, 4, 5, 6.

CHAPTER 27.
OF TOWNS AND TOWN OFFICERS.

Towns and cities may devote a part of their territory to the preservation
and culture of forest trees for the wood and timber or the preservation of
their water supply. They may take or purchase land. The state board of
agriculture is given charge of such lands. The town or city may erect
buildings for instruction or recreation thereon and borrow money. St. 1882,
c. 255.

Towns and cities may lay out public parks and take lands therefor, assess
betterments and borrow money. St. 1882, c. 154.

Sect. 9. Any town or city may lease public buildings, except school-
houses, to the Grand Army for a period not exceeding five years. St. 1885,
c. 60.

Sect, 10. Towns may vote money for erecting headstones or other
monuments for soldiers or sailors in the national wars, and keeping the
same in repair. St. 1884, c. 42.

Sect. 12. A city or town may raise fifty cents instead of twenty-five
cents for each poll, to be expended in planting or encouraging the planting
of shade trees. St. 1885, c. 123, § 1.

Sects. 44, 45, 46, 47, 48, 49, with reference to telegraph wires, shall also
applj' to wires for electric light. St. 1883, c. 221.

Sect. 60. Moderators and town clerks may appoint tellers to assist in
counting votes or checking names. St. 1883, c. 229.

Ixiv Public Statutes.

Sect. G5. A town on accepting certain statutes ma.y elect three, five,
seven or nine assessors, the term of office being tliree years, and part going
out each year ; or four assessors, the term being two j'ears, and half going
out each year. St. 1883, c. 203, § 1.

Sect. 69. It ma}' in the same way choose three, five, seven or nine over-
seers of the poor. St. 1883, c. 203, § 2.

Sect. 102. The oath is modified in form and must be taken by assess-
ors, assistant assessors and other persons chosen to aid in assessing.
St. 1885, c. 355.

Sect. 104. The penalty is extended to all the persons required to take
the oath. St. 1885, c. 355, § 21.

Any knowing over or under valuation of property is punished. St. 1885,
c. 355, § 3.

CHAPTER 28.
OF CITIES.

" Mayor and aldermen" unless provision is otherwise made, shall mean
board of aldermen, except in case of appointments. St. 1882, c. 164.

In case of death, resignation, absence or inability of the ma3'or, the
office devolves on the chairman of the board of aldermen, if any, then on
the president of the common council. Such officer is styled acting ma^'or.
He can make no permanent appointments. St. 1882, c. 182.

Any person elected mayor, alderman, common councilman or member of
the school committee shall be notified of his election by the board of alder-
men within seven days after the result is declared ; and, if elected at a
special election, he shall not act until such notice has been issued. St. 1885,
c. 159.

Sect. 6. One of several items involving the appropriation of money or
the raising of a tax may be separately vetoed. St. 1885, c. 312, § 3.

Sect. 7. Where the mayor presides in the board of aldermen he has no
vote there or in joint convention. St. 1882, c. 180.

Sect. 14. The mayor and aldermen may require a separate return of the
inhabitants and legal voters residing in each street for use in the new divi-
sion of wards. St. 1884, c. 181, § 9.

The enumeration ma}' be by sub-divisions instead of by streets. St. 1885,
c. 156.

The time when the new division of wards goes into effect is changed from
November 10th to December 15th. St. 1884, c. 125.

Sect. 25. The selectmen of towns may make rules for the regulation of
carriages and other vehicles as mayors and aldermen of cities may now do.
St. 1885, c. 197.

CHAPTER 29.

OF MUNICIPAL INDEBTEDNESS.

Sect. 4. The limit of city debts is reduced from three per cent, to two
and one half per cent., but this does not apply to Worcester, Lj-nn,
Gloucester and Brockton until 1889. St. 1885, c. 312.

Table of Changes. Ixv

Sect. 6. Temporary loans can hereafter be made only in anticipation of
the taxes of the current year. St. 1885, c. 312, § 4.

Sects. 7, 8. Towns and cities which have incurred or shall incur a debt
ma}' issue bonds, notes or scrip therefor, with interest at a rate not exceed-
ing six per cent, per annum, and sell the same. St. 1884, c. 129.

Sect. 9. A fixed annual appropriation may be provided for as a substi-
tute for a sinking fund. St. 1882, c. 133.

CHAPTER 30.
OF AID TO SOLDIERS AND SAILORS AND TO THEIR FAMILIES.

Sect. 1. The limit of salary of the third commissioner of state aid is
raised from Si, 500 to $1,800. St. 1885, c. 214.

Sects. 2, 9. State aid is extended from 1885 to January 1st, 1890.
St. 1884, c. 34.

Sect. 2. The three months' troops of 1861 are included among those
entitled to state aid. St. 1885, c. 173.

Sect. 2, 3. State aid may be granted to widows of soldiers, sailors or
marines who were married before April 9, 1870. St. 1885, c. 204.

Aid for soldiers may be entrusted to Grand Army Posts for distribution.
St. 1885, c. 189.

CHAPTER 31.

OF THE CENSUS, THE BUREAU OF STATISTICS OF LABOR AND THE
BOARD OF SUPERVISORS OF STATISTICS.

Sects. 1-12. The provisions for the state census are revised. St. 1884,
c. 181.

Sects. 13, 15. The chief of the bureau of statistics of labor is given a
second clerk at $1,300 per 3'ear. St. 1884, c. 4.

CHAPTER 32.

OF THE REGISTRY AND RETURN OF BIRTHS, MARRIAGES AND

DEATHS.

Sect. 5. A certificate approved by the board of health, where there is
one, is required before the removal of bodies as well as before burial.
St. 1883, c. 124, § 1.

No body of a person dying from certain diseases can be transix)rted
unless securely encased ; and no permit to remove can be given until the
board of health or selectmen have given a certificate stating the cause of
death and that the body has been so encased. The certificate goes with
the body. St. 1883, c. 124, § 2.

Sect. 7. Physicians and midwives are required to report additional facts
and are given a fee of twenty-five cents. St. 1883, c. 158.

Ixvi Public Statutes.

CHAPTER -.

OF THE CIVIL SERVICE.

The appointment of officers in the government of the Commonwealth and
of the cities is regulated. St. 1884, c. 320. •

CHAPTER 37.

OF THE PUBLIC RECORDS.

Clerks of towns and cities shall keep indexes of instruments recorded in
the form here provided. St. 1885, c. 190.

CHAPTER 39.

OF DONATIONS AND CONVEYANCES FOR PIOUS AND CHARITABLE

USES.

Sects. 1, 2. Churches or religious societies may appoint trustees who,
with their successors, shall be a body corporate for the purposes of this
section. St. 1884, c. 78.

CHAPTER 40.

OF LIBRARY ASSOCIATIONS.

Sect. 6. The amount which ma}^ be paid to the county law libraries is
increased from Si, 500 to $2,000. St. 1882, c. 248.

CHAPTER 41.
OF THE BOARD OF EDUCATION.

Sect. 8. The salary of the secretarv of the board of education is raised
from 02,500 to 63,000. St. 1885, c. 227.

Sects. 16, 17. The board also supervise the pupils in the Perkins Insti-
tution and Massachusetts School for the Blind. St. 1885, c. 118.

CHAPTER 43.

OF THE SCHOOL FUNDS.

Sect. 3. The distribution of the half of the school fund not specifically
appropriated is changed, increasing the amount for the smaller towns.
St. 1884, c. 22.

CHAPTER 44.

OF THE PUBLIC SCHOOLS.

Sect. 1. The use of hand tools may be taught, if deemed expedient.
The tools are to be furnished by the town and loaned to the scholars.
St. 1884, c. 69.

Table of Changes. Ixvii

Sect. 2. Towns and cities of over ten thousand inhabitants must main-
tain evening schools, with certain studies. The terms, hours and regula-
tions are fixed by the school committee. St. 1883, e. 174.

Physiology and hygiene, including special instruction as to the effects of
alcoholic drinks, stimulants and narcotics on the human system shall be
taught in the public schools. St. 1885, c. 332.

Sect. 36, Text-books and school supplies are hereafter to be purchased
and loaned to the pupils. St. 1884, c, 103.

Sects, 37-38. The sum due to the town for school books may be
abated as in the case of taxes. St. 1885, c. 67.

Sects. 35-40 are repealed and school committees may procure, at the
expense of the cit}- or town, an appropriation having been previously made
therefor, such apparatus, books of reference and other means of illustration
as they deem necessar3% St. 1885, c. 161.

CHAPTER 45.
OF SCHOOL DISTRICTS.

The school district S3'stem is abolished January 1, 1883, and the affairs
of the districts are to be closed. St. 1882, c. 219.

Sect. 8. Towns are given the right to sue or defend for abolished school
districts. St. 1884, c. 122.

CHAPTER 47.
OF THE ATTENDANCE OF CHILDREN IN THE SCHOOLS.

Sect. 9. No child can attend school while any member of its family is
sick with small-pox, diphtheria or scarlet fever, or until two weeks after
their recovery. St. 1884, c. 64.

Pupils from families where persons are sick of small-pox, diphtheria or
scarlet fever maj^ not attend school, nor after recovery without a cer-
tificate from the attending physician or board of health. St. 1885, c. 198.

CHAPTER 48.

OF THE EMPLOYMENT OF CHILDREN AND REGULATIONS
RESPECTING THEM.

Sect. 1. No minor can be emploj-ed to sell papers devoted to criminal
news. St. 1885, c. 305.

No child under twelve years of age shall be emploj^ed at any time dur-
ing the days in which the public schools are in session in the city or town
in which he resides. St. 1885, c. 222.

Sect. 12. "Whoever, after notice, hires, entices or induces any child
unlawfully to absent himself from school, or hires, employs or harbors such
absentee or truant, is punished. St. 1885, c. 71.

Sect. 14 is changed, so that three or more cities or towns in each of two,
three or four contiguous counties may require the establishment of a union
truant school, and the clause with reference to Norfolk, Bristol, Barnstable
and Plymouth counties is repealed. St. 1884, c. 155.

Ixviii Public Statutes.

Sect. 18. Poor children in need of immediate relief are to be provided
for by the board of health, lunacy and charity, and courts may commit
children who are growing up without education or salutary control, or who
are dependent on public charity, to such board, if they have no settlement,
or to the overseers of the poor if they have a settlement. St. 1882, c. 181.

If any parent abandons a child under two years old, or neglects to sup-
port it, or having contracted for its maintenance fails to perform such con-
tract, he is punished. An\' person knowingly and with wrongful intent
aiding such abandonment, is also punished. Every person receiving a child
under one year old, knowing or having cause to believe it to be illegitimate,
must at once uotif}^ the overseers of the poor. The parents must answer
all questions as to its residence, parentage and place of settlement, and
must, when called upon, give security for its maintenance. St. 1882,
c. 270.

Unreasonable neglect to provide for the support of a wife or minor child,
is punished, and the fine may be paid to the corporation or person actually
then supporting them. St. 1882, c. 270, § 4; St. 1884, c. 210; St. 1885,
c. 176.

Sects. 18, 19 provides that onl}^ persons appointed by the towns and
the officers and agents of the societ}^ for the prevention of cruelty to children
shall make complaints under these sections. It is now added that they
they alone shall carry into effect the judgments thereon. St. 1883, c. 245.

CHAPTER 49.

OF THE LAYING OUT AND DISCONTINUANCE OF WAYS, AND OF
DAMAGES OCCASIONED BY THE TAKII^G OF LAND FOR PUBLIC
USE.

Land may be taken for parks. St. 1882, c. 154.
" For the cultivation of trees. St. 1882, c. 255.

The improvement of public grounds or open spaces in sti'cets designated
as not needed for public travel, may be given to corporations organized for
the purpose who will then have charge thereof, subject to the direction
of the selectmen or road commissioners. Any wilful injury is punished
b}' a fine which goes to the corporation. St. 1885, c. 157.

Public landing places already existing may be laid out and defined.
St. 1882, c. 109.

Sect. 18. A provision is inserted providing for the payment by the
trustee of any rent or charge to the reversioner or remainderman and the
language is changed in other respects. St. 1883, c. 253.

Sect. 47. The pa^^ of the officer who attends tlie sheriff's jury is raised
from one dollar and one half to four dollars per day. St. 1882, c. 96.

CHAPTER 50.

OF SEWERS, DRAINS AND SIDEWALKS.

Sect. 5. Land sold for sewer assessments may be redeemed as if sold
for taxes. St, 1883, c. 145.

Table of Changes. Ixix

CHAPTER 51.

OF BETTERMENTS AND OTHER ASSESSMENTS ON ACCOUNT OF
THE COST OF PUBLIC IMPROVEMENTS.

The betterment act is extended to alterations of waj^s at railroad cross-
ings. St, 1884, c. 280.

The authorities may agree to assume betterments for streets or parks, if
the land-owner will release damages. St. 1884, c. 226.

Betterments bear interest after thirty days, and the lien continues for one
year after the determination of suit to test their validity. St. 1884,
c. 237.

Not ice of an}^ assessment of betterments shall be given to persons
affected within thi'ce months. St. 1885, c. 299.

CHAPTER 52.
OF THE REPAIR OF WAYS AND BRIDGES.

Sect. 10. The mode of ordering the trimming and removal of trees in
ways is modifled. St. 1885. c. 123, § 2.

Sect. 19. The notice of injury shall not be invalid for any unintentional
inaccuracy, if the party entitled to notice was not misled. St. 1882, c. 36.

CHAPTER 53.

OF THE REGULATIONS AND BY-LAWS RESPECTING WAYS AND

BRIDGES.

Sect. 18 is so modified that the county commissioners can regulate
travel over bridges to whose construction or maintenance the county con-
tributes. St. 1882, c. 108.

CHAPTER. 54.

OF THE BOUNDARIES OF HIGHWAYS AND OTHER PUBLIC PLACES,
AND ENCROACHMENTS THEREON.

No barbed wire fence can built against a sidewalk. St. 1884, c. 272.

Sects. 6, 9. The town or city may itself plant such trees. St. 1885, c.
123, § 1.

Sects. 6, 9, 12. The requirement of acceptance is repealed. St. 1885,
c. 123, § 3.

CHAPTER 56.

OF THE INSPECTION AND SALE OF BUTTER, CHEESE, LARD, FISH,
HOPS, LEATHER AND POT AND PEARL ASHES.

Sect. 17. In the mark or label, ''imitation butter" is substituted for
"adulterated butter." St. 1884, c. 310, § 1.

Sects. 17, 18, 19. The t^^pe of the brand required is changed from
Roman to Gothic, and other names are allowed. St. 1885, c. 352, §§1,2.

Ixx Public Statutes.

Sect. 19. False labels, stamps or marks are punished. St. 1885,
c. 352, § 3.

Sect. 20. Inspectors may enter places where butter or cheese is
stored or kept for sale, and interference with their duties is punished.
St. 1884, c. 310, § 2.

Inspectors appointed under St. 1882, c. 263, are given authority under
this section. St. 1885, c. 352, § 5.

CHAPTER 57.
OF THE INSPECTION AND SALE OF MILK.

Municipal, district and police courts are given concurrent jurisdiction
with the superior court of offences under this chapter, St. 1885, c. 149.

The milk act is not repealed or amended by subsequent legislation as to
adulterations. St. 1884, c. 289, § 4.

Sect. 2 is revised. Milk for analysis is to be delivered to the inspector
on his written request instead of his taking it. The clause making the
certificate of analysis evidence is omitted. A part of the sample analyzed
is to be kept for the defendant. St. 1884, c. 310, §§ 3, 4.

This section is again revised. The assistants as well as the inspectors
may enter and take samples. St. 1885, c. 352, § 4.

Inspectors appointed under St. 1882, c. 263, are given authority under
this section. St. 1885, c. 352, § 5.

Sect. 7. The mark must be in uncondensed Gothic letters. St. 1885, c.
352, § 7.

Such skimmed must have at least nine and three-tenths per cent, of milk
solids exclusive of fat. St. 1885, c. 352, § 8.

Sect. 8. Obstructing inspectors is made an offence. St. 1884, c. 310,
§5.

Sect. 9. The milk must also contain not less than nine and three-tenths
per cent, of milk solids exclusive of fat. St. 1885, c. 352, § 6.

Sect. 12, regulating the number of quarts that a milk can shall hold, is
repealed. St. 1885, c. 145.

The wilful defacing and misuse of milk cans is punished. St. 1885,
c. 133.

CHAPTER 58.

OF THE INSPECTION AND SALE OF PROVISIONS AND ANIMALS
INTENDED FOR SLAUGHTER.

No poultry, except it be alive, shall be sold or exposed for sale until
properly dressed. This act does not apply to green geese or green ducks
nor to certain broiler chickens. St. 1883, c. 230.

The adulteration of any drug or article of food is punished. Adultera-
tion is defined. St. 1882, c. 263.

The annual expenditure for the enforcement of the adulteration act ma}'
be not over ten thousand dollars. An annual report by the state board is
required. St. 1884, c. 289, §§ 1, 2.

Table of Chai^ges. Ixxi

The adulteration act does not apply to mixtures recognized as ordinary
articles of food, nor to drugs where the standard has been raised, nor to
cases where an inferior article is ordered or the diflference is known to the
purchaser. St. 1884, c. 289, §§ 5. 7.

A part of the sample provided must be furnished to the defendant. St.
1884, c. 289, § 8.

St. 1883, c. 263, is repealed. St. 1884, c. 289, § 6.

CHAPTER 59.
OF THE INSPECTION AND SALE OF CERTAIN OILS.

The preparation, storage and sale of unsafe oils intended to be used for
fuel is forbidden, the person guilty is punished and also made liable for all
damages, and the oil is forfeited. A standard test for such oils is estab-
lished. St. 1885, e. 98.

Sect. 7, which forbids kerosene to be sold for illuminating purposes,
unless inspected, is changed in phraseology, and a clause added giving
towns and cities power to regulate its inspection. St. 1882, c. 250.

Sect. 7 and St. 1882, c. 250, are repealed, and a new section substituted
which forbids the selling or keeping for sale of kerosene or petroleum unless
inspected by an authorized inspector under a penalt}' of fine or imprison-
ment or both. St. 1885, c. 122, § 2.

CHAPTER 60.
OF THE INSPECTION AND SALE OF VARIOUS ARTICLES.

Sect. 17, which provides the mode of issuing licenses to sell com-
mercial fertilizers, is repealed. St. 1883, c. 29.

Sect. 20. A crate of cranberries containing thirty-two quarts, level
measure, is made a legal measure, and all barrels or crates must be branded
or marked "Massachusetts standard measure." Whoever so brands or
marks any barrel or crate of less capacity, is punished. St. 1884, c. 161.

Sects. 69-71. The adulteration of vinegar is forbidden, and its purity
regulated. The act is to be enforced by the inspectors of milk. St. 1884,
c. 307.

Artificial coloring matter is made an adulteration and the per cent, of
acetic acid is reduced from five to four and one-half per cent., and that
of cider vinegar solids is increased from one and one-half to two per cent.
St. 1885, c. 150.

Sect. 69. Vinegar not made exclusively of apple cider, or into which
foreign substances have been introduced, may not be sold, held with intent
to sell or exposed for sale as cider vinegar. St. 1883, c. 257, § 1 ; St. 1884,
c. 307, § 1.

Sect. 71. Compensation may be provided for the inspector of vinegar,
or he may recover a reasonable compensation for his services. St. 1883,
c. 257, § 2.

Cities or towns mav pay inspectors of vinegar appointed under St. 1880,
c. 113. St. 1884, c. "163.

Ixxii Public Statutes.

Sect. 82. Coal in amounts less than five hundred pounds must be sold
in measures of the dimensions prescribed, and any pei'sou who uses, or has
"with the intention to use, any other measure, is punished. St. 1883,
c. 218.

The baskets and measures provided by St. 1883, c. 218, must be stamped
with their capacity by the sealer of weights and measures, and the coal
must be delivered in them. St. 1884, c. 70.

CHAPTER 61.
OF THE INSPECTION OF GAS AND GAS METERS.

A board of gas commissioners is established to whom the gas companies
are to report and who have power to hear complaints and make orders with
regard to the quality and price of gas. St. 1885, c. 314.

Sects. 13-14. Gas for purposes other than lighting, need not be in-
spected under these sections. St. 1885, c. 240.

CHAPTER 65.
OF WEIGHTS AND MEASURES.

Sect. 8. Sealers of weights and measures are to be appointed in cities
by the mayor and aldermen, and not by the city council. St. 1882, c. 42.

Sect. 21. Unlawful weights and measures maybe seized. Possession
is made prima facie evidence of unlawful intent, and the person having
them is punished. St. 1883, c. 225.

CHAPTER 67a.

OF THE REGULATION OF PHARMACY.

A board of registration in pharmacy is established. Ever}' person en-
gaged in the business of retailing or dispensing drugs, medicines, chemicals
or poisons, or compounding them for sale, must be registered. The busi-
ness of retailing, compounding for sale and dispensing for medical pur-
poses drugs, medicines, chemicals or poisons, is regulated. St. 1885,
c. 313.

CHAPTER 68.
OF HAWKERS AND PEDLERS.

Sect. 2. Cities and towns may regulate the sale of any articles per-
mitted to be sold by section 1 , by any hawker or pedler, and their authority
is not, as now, limited to the regulation of sales by minors, and they may
impose penalties not over twenty dollars, but no fees can be imposed unless
now lawful. St. 1883, c. 168.

Sect. 9. The secretary of the Commonwealth may grant licenses to
persons recommended by the towns or cities, as stated in section 4, who are
over seventy years of age, without any fee. St. 1883, c. 118.

Table of Changes. Ixxiii

CHAPTER 69.
OF SHIPPING AND SEAMEN, HARBORS AND HARBOR-MASTERS.

Sect. 23. The throwing into or depositing in harbors any injurious
materials, is forbidden. The harbor commissioners may forbid injurious
changes on the shores. St. 1884, c. 269.

Sect. 25. Assistant harbor-masters may be appointed as well as harbor-
masters, and shall be subject to their control. St. 1882, c. 216.

Sects. 26, 29, 33. The harbor-master may require vessels to change
their place of anchorage. Masters of tug-boats and pilots must cause ves-
sels in thetr charge to anchor under his direction. He may recover the
expense of moving them, if not anchored as he requires. St. 1884, c.
173.

Sect. 33. The penalty is made to cover any violation of sections 23
to 32. St. 1884, c. 173.

CHAPTER 70.
OF PILOTS AND PILOTAGE.

Pilots ma}' be appointed, in addition to those now allowed b}^ law, except
for the port of Boston. Where the recommendation of a society is now
required, thej' shall not be appointed without a certificate from the societ}^,
unless it neglects for three months to pass upon tbeir qualifications.
St. 1882, c. 174.

If a vessel entering Boston harbor passes a line fixed, she is not liable to
pilotage. St. 1884, c. 252, § 1.

Exempt vessels may require a pilot and then shall pay him. St. 1884,
c. 252, § 5.

Sect. 27. Whaling vessels outward-bound from New Bedford are
exempt from the pilotage law. St. 1884, c. 213.

Sect. 30. The limit of half fees in Boston harbor is increased from two
hundred to three hundred and fifty tons, and such vessels are not held for
fees out unless they take a pilot. St. 1884, c. 152, § § 2, 3.

Sect. 32. In the list of vessels exempt from compulsory pilotage are
omitted " all single-decked coasting vessels of not more than three hundred
and fifty tons." St. 1884, c. 252, § 4.

Sect. 39. Persons other than pilots may not assume or continue to act
as such when pilots can be got. St. 1884, c. 252, § 6.

CHAPTER 72.

OF PUBLIC WAREHOUSES.

Sect. 2. The amount of the bond and its sureties are to be approved by
the governor. St. 1885, c. 167.

Ixxiv Public Statutes.

CHAPTER 74.
OF THE EMPLOYMENT OF LABOR.

EmpIo5'ers must furnish seats for females emploj'ed. St. 1882, c. 150.

Manufacturers may sound bells, gongs and whistles as signals to their
worlimen, of such size and at such hours as the town or city authoiities may
in writing permit. St. 1883, c. 84.

Sect. 4. The ten hour law is made to apply to manufacturing and mer-
cantile establishments. St. 1883, c. 157.

This section as amended in 1883 shall not apply to mercantile establish-
ments. St. 1884, c. 275, § 4.

The employment of minors under eighteen j^ears of age, for more than
sixty hours a week, in mercantile establishments, is forbidden. A certifi-
cate of age, sworn to by the minor and his parent or guardian, is made
prima f ode evidence. Printed notices must be posted giving the hours of
labor. St. 1884, c. 275, §§ 1, 2, 3.

CHAPTER 77.

OF MONEY, BILLS OF EXCHANGE, PROMISSORY NOTES AND

CHECKS.

Checks or demand drafts may be paid within ten da5'S after their date
although the drawer in the meantime dies. St. 1885, c. 210, § 1.

Sect. 1 . The par of exchange established by the United States, Rev.
St. § 35Go, is adopted. St. 1882, c. 110.

Sect. 8. The day following Christmas is made a holiday when Christmas
falls on Sunday. St. 1882, c. 49.

CHAPTER 77a.

OF THE ENCOURAGEMENT OF AGRICULTURE.

A bounty of one dollar a ton is given for sugar made from beets or
sorghum, under the regulations stated. St. 1883, c. 189.

CHAPTER 79.

OF THE STATE BOARD OF HEALTH, LUNACY AND CHARITY.

The governor may detail an officer of the district police to assist them in
cases of deserted and unprotected children and of bastardy., St. 1885,
c. 158.

OF THE PRESERVATION OF THE PUBLIC HEALTH AND THE
PROTECTION OF INFANTS.

Sect. 3. Vacancies in boards of health in towns, where no provision is
made by special statute, shall be filled by the selectmen and board of
health acting jointly. St. 1885, c. 307.

Table of Chak'ges. Ixxv

Sect. 60. Persons boarding an illegitimate child under one year old,
must give notice to the overseers of the poor. The parent or parents must,
when required, give satisfactory security for the maintenance of such child,
and make true answers to all questions as to its residence, parentage and
place of settlement. St. 1882, c. 270, § 3.

Sect. 79. The local board of health must, within twenty-four hours,
notify the state board of cases of small-pox, or it forfeits the claim of the
town to reimbursement. St. 1883, c. 138.

Sects. 78, 79. Householders and physicians must report cases of
diphtheria and scarlet fever, in addition to small-pox and other diseases
dangerous to the public health, as before provided, and records of such
reports shall be kept on blanks furnished by the state. Rooms and articles
are to be disinfected to the approval of the board of health. St. 1884,
c. 98.

Sect. 88. The appellant from an order as to offensive trades must apply
for his jury to the court in the county where the premises are ; not as now,
where the order is made. St. 1883, c. 133.

Sect. 96. Bathing in ponds used for the domestic water supply of cities
or towns is forbidden. St. 1884, c. 172.

The supreme judicial or superior court may, upon the application of a
city or town, enjoin violations of this section. St. 1884, c. 154, § 1.

Sects. 98, 99, 100, giving the state board supervision of sources of water
suppl}^ and power to make orders concerning them, are repealed. St. 1884,
c. 154, § 2.

CHAPTER 82.
OF CEMETERIES AND BURIALS.

Corporations for the cremation of the dead are authorized and cremation
is regulated. St. 1885, c. 265.

Sect. 3. The present section is repealed and a new section is enacted
which more fully defines the rights of the widow and children to the posses-
sion, care and control of the burial lot. St. 1885, c. 302.

Sect. 6. Conveyances of burial lots recorded by the corporation owning
the cemetery, require no other record. St. 1883, c. 142.

Sect. 17. Towns and cities may receive funds for the care and improve-
ment of burial places, public or private, and of lots therein. St. 1884,
c. 186.

Sect. 19. This section is redrawn. They may close any tomb, burial
ground, cemetery or other place of burial. St. 1885, c. 278.

Sect. 24. On appeal from such order closing a burial place, the jury
must find, in addition to the finding now required, that tlie closing thereof
was not necessary for the protection of the public health. St. 1885,
c. 278, § 2.

Sects. 25-28. These sections, providing for the closing of tombs in
cities by the city council, ai'e repealed. St. 1885, c. 278, § 3.

Ixxvi Public Statutes.

CHAPTER 84.
OF THE SUPPORT OF PAUPERS BY CITIES AND TOWNS.

Sect. 6. Not only the kindred of the pauper but the pauper himself is
liable for expenses incurred for him. St. 1882, c. 113.

Sect. 21. Destitute and deserted children may be placed in St. Mary's
infant asylum, as well as in the Massachusetts infant asylum. St. 1883,
c. 232.

CHAPTER 85.

OF THE MAINTENANCE OF BASTARD CHILDREN,

Sect. 1. The complaint may be made to and the warrant be issued by
the clerk of the courts named, as well as by the courts themselves.
St. 1885, c. 289.

CHAPTER 86.
OF ALIEN PASSENGERS AND STATE PAUPERS.

Sect. 13. The present board is abolished and a new one for both the
almshouse and workhouse is established and regulated. It may transfer
inmates. St. 1884, c. 297,

Sects. 16, 19. The same person may be superintendent and resident
physician. St. 1883, c. 278.

Sect. 25. The notice in case of persons top sick to be removed must be
signed by the overseers of the poor, or some person appointed by them,
and must certify to the facts after personal examination. St. 1885, c. 211.

Sect. 26. The bills must be endorsed with a distinct declaration that
the amount charged for has been paid from the town or city treasury.
St. 1885, c. 211.

Sect. 31. The expense is to be paid only when written notice has been
given to the state board within sixty days from the time when the aid was
tirst given. St. 1885, c. 211.

Sect. 28 is repealed, and provision is made that idiots may be sent to the
School for the Feeble-Minded. The trustees there may receive them or send
them home, or to the state almshouse, or to the place of their settlement.
St. 1883, c. 239, § § 5, 6, 7.

Sect. 37. Persons, not sentenced inmates, who abscond or escape, and
within one year are found soliciting public charity, are punished. Pro-
vision is made for complaints against them and as to what courts shall have
jurisdiction. St. 1884, c. 258.

StCT. 46. The age until which children, who are state paupers, may be
placed by the state board in private families, is raised from two to three
years. St. 1882, c. 181, § 1.

Section 46, as amended, applies to St. Mnry's Infant asylum, but indigent
and neglected infants without settlement, are to be committed to the state
board of health, which board shall provide for them as the}' judge best for
each child. St. 1883, c. 232, s. 3.

Table of Changes. Ixxvii

CHAPTP:R 87.

OF LUNACY AND INSTITUTIONS FOR LUNATICS.

Persons subject to dipsomania or habitual drunkenness, but not other-
wise of bad character or repute, may be committed to the state kinatie
hospitals until recovery, or until their confinement is no longer necessary
for the safety of the public or their own welfare. St. 1885, c. 339.

Sect. 2. A new hospital is established at Westborough under homeo-
pathic treatment. St. 1884, c. 322.

Sect. 4. The number of the trustees of the state lunatic hospitals is
increased from five to seven, and five shall be men and two women.
St. 1884, c. 149.

Sect. 7. An educated female physician is to be appointed for each state
lunatic hospital. St. 1884, c. 116.

Sects. 26-46. Provision is made for asylums for the chronic insane in
cities of over fifty thousand inhabitant^. They are subject to the control
of the state board, who may send patients there from state asylums or
remove them. St. 1884, c. 234.

Sect. 34. The support of insane persons sentenced to the state prison,
or accused of felony and committed by order of court, is paid by the state.
St. 1883, c. 148.

Sect. 37. The punishment of persons leaving the almshouse and beg-
ging, is increased. St. 1884, c. 258, § 1.

Sects. 38-45. Insane persons of the chronic and quiet class may be
placed at board in families. Those who are boarded at state expense must
be visited at least once in three months, and those boarded at the expense
of towns and cities at least once in six months. They maj^ be removed to
the hospitals, if not properly treated and cared for. St. 1885, c. 385.

Sect. 40. The trustees of the state hospitals and of the Massachusetts
General Hospital may confer on their superintendents power to discharge
patients after notice to the person who signed the petition for commitment.
The superintendents may allow any inmaie to be taken away by his friends
for a period of not over sixty days. St. 1883, c. 78.

Sect. 55. The name of the Massachusetts School for Idiotic and
Feeble Minded Youth is changed to the Massachusetts School for the
Feeble Minded. St. 1883, c. 239, § 1,

Sect. 56. The mode of committing to the school is regulated. (See
c. 86, § 28.) The powers of the trustees are increased and the payments
for the support of patients are provided for, and the recovery of the expense
of such support in case of paupers. Scholars may be received from other
states or provinces. The trustees may discharge patients or send them
home or to the place of their settlement, or to the state almshouse, or allow
them to be absent on visits of not over three months. St. 1883, c. 239.

Sects. 55, 56. Applicants for the admission of pupils or idiots to the
School for the Feeble Minded must give notice to the mayor or selectmen,
and prove the giving of it to the judge. St. 1884, c. 88.

Ixxviii Public Statutes.

CHAPTER 88.
OF THE STATE WORKHOUSE.

Sect. 1 . The present board is abolished and a new board for both the
almshouse and workhouse is established and regulated. It may transfer
inmates. St. 1884, c. 297.

The location of the workhouse is changed from Bridgewater to West-
borough. St. 1883, c. 279.

Sect. 8. Persons not sentenced who escape and are within one j'ear
found soliciting charit}' are punished. Special provision is made for their
prosecution. St, 188i, c. 258.

CHAPTER 89.

OF THE STATE PRIMARY AND REFORM SCHOOLS AND THE VISITA-
TION AND REFORMATION OF JUVENILE OFFENDERS.

Sect. 3. Provision is made for the care and maintenance of pauper
children, between the ages of three and sixteen, at the state primary' school,
when they have no settlement. St. 1882, c. 181, § 2.

Sect. 8 et seq. The state reform school is hereafter to be known as the
Lyman School for Boys. St. 1884, c. 323, §§ 1, 2.

The trustees are authorized to purchase more land and erect buildings.
St. 1885, c. 151.

Sect. 8. A temporary place of detention is provided for a part of the
inmates of the Lyman School for Boj^s. St. 1885, c. 86.

Sect. 18. Before a warrant can issue for the arrest of any child under
twelve, a summons to him must first issue. If he fails to appear, then a
warrant. St. 1882, c. 127.

Sects. 18, 23, 24. No boy shall be committed to the Lyman School for
Boys if over fifteen. If error is made in his age, the sentence may be
revised. St. 1884, c. 323, § 3.

Sect. 20. The last clauses of this section, providing for notice to the
board of health, are so changed that notice is given onl}- when the judge
would, upon conviction, send the child to a public institution or to the
custod}' of that board, and notice to the ma3-or or selectmen is no longer
required. St. 1883, c. 110.

Sect. 21. A child under twelve years of age must be committed, in
default of bail, to the custody^ of the state board of health, lunacj' and
charity, except in cases of offences punishable by imprisonment for life or
of truancy. St. 1882, c. 127.

Sect. 23. No boy over fifteen 3'ears of age can be sent to the reform
school at Westborough. St. 1884, c. 255, § 11.

Sects. 26-29. No child under twelve years of age can be punished by
confinement in a jail, house of correction, the house of industry in Boston,
or at the state workhouse, except for crime's punishable by imprisonment
for life or for truancy. St. 1882, c. 127.

Table of Changes. Ixxix

CHAPTER 90.

OF CONTAGIOUS DISEASES AMONG CATTLE, HORSES AND OTHER
DOMESTIC ANIMALS.

Sect. 3. Animals aflfected with glanders or farcy are excepted from
this section, and are to be killed without appraisement, but the owner may
be paid for killing and burying them. St. 1885, c. 148, § 3.

Sect. 9. Whoever has knowledge of the existence of a contagious
disease among any species of domestic animals must forthwith give notice
or he is punished. This notice must then be given to the board of cattle
commissioners. St. 1885, c. 148.

Sect. 12. The cattle commissioners are appointed for three years, one
going out each year. Members are removable, and the commissions of
the whole board may be terminated b}' the governor and council. Their
compensation is raised from four to five dollars per day. St. 1885. c. 378.

Sect. 22. The commissioners, in the necessary discharge of their duties,
ma}' administer oaths. St. 1885, c. 148, § 4.

Sect. 90. The cattle commissioners are to investigate the disease among
cattle known as abortion. St. 1884, c. 232.

CHAPTER 91.
OF INLAND FISHERIES AND KELP.

The provision for leasing great ponds is repealed. St. 1885, c. 109.

A penalty is imposed on persons taking without the owner's consent,
fish or lobsters caught in nets, etc., or wilfuUv interfering with such nets,
etc. St. 1882, c. 53.

■ Striped bass or bluefish are protected in Edgartown. St. 1882, c. 65.
Repealed. St. 1885, c. 247.

The catching of bluefish in Vineyard Sound is regulated. St. 1885, c. 193.

Fishing near Brandt Island, in Mattapoisett (St. 1884, c. 214, § 2), and
in Mashpee and Barnstable, is regulated. St. 1884, c. 264.

Sects. 10-24. With certain exceptions nets may not be used in ponds.
St. 1884, c. 318.

Sects. 32, 33. Taking alewives in the county of Dukes county is regu-
lated, and a penalty and forfeiture is imposed, amending the statute next
below. St. 1884, c. 245.

The lessees of Great Pond and Job's Neck Pond, in Edgartown, are
allowed to take smelts and alewives at all seasons, but no otber person may
take any other fish but eels. St. 1882, c. 102.

Sect. 36 is changed to allow nets or seines to be used in the Merrimack
River, below the Essex Merrimack bridge, after June 20. St. 1882, c. 166.

The size of the mesh in the seine is limited. St. 1884, c. 317.

The commissioners ma}' issue licenses to take the protected fish in the
tidal waters of the Merrimack River and its tributaries, but shall charge no
fee therefor. St. 1883, c. 121.

Sects. 36-39. Shiners, for bait, may be caught with seines in the Merri-
mack River, in November and December, except near fishways, other fish
being returned to the water. St. 1883, c. 31.

Ixxx Public Statutes.

Sect. 41. The North River, in Plymouth county, is excepted from this
section, and fishing there is regulated. St. 1884, c. 199.

Sects. 51-53. The open time for trout, land-locked salmon and lake
trout is extended from the first of October to April, to from the first of
September to April. St. 1884, c. 171.

Sects. 81-82, which regulate the catching of lobsters, are amended by
reducing the time from " June 20 to September 20," to the month of Julj^,
and changing "lobster" to "female lobster bearing eggs." St. 1882, c. 98.

Sect. 84. The possession of a lobster under the legal size, is punished,
the words " with intent to sell" being stricken out. Mutilation affecting
the length is prima fade evidence that the lobster is under the legal size.
The commissioners of inland fisheries, with the assistance of the district
police, have power to enforce the law. St. 1884, c. 212.

The fish commissioners, either personally or by deput}', and the district
police detailed for that purpose, may search suspected places for, seize and
remove lobsters taken, held or offered for sale illegall}^ St. 1885, c. 256.

Sects. 97-107. Oyster licenses may be granted for any waters where
there are no natural oyster beds. St. 1884, c. 284.

Sects. 97-101. The granting of licenses to plant, grow and dig 03'sters
is regulated, and their revocation is provided for. St. 1885, c. 220,
§§1,2.

Interference with licensed oyster beds, is punished. St. 1885, c. 220, § 5.

vSect. 97. Oyster licenses are limited to ten 3'ears instead of twent}'.
St. 1884, c. 284.

Sect. 102. The taking of scallops is regulated. St. 1885, c. 220,
§ § 3, 4.

Constables may be designated to enforce the laws relating to shell fish-
eries, with authorit}^ to arrest without warrant, and seize vessels and
implements, which shall be forfeited. St. 1885, c. 220, § 6.

CHAPTER 92.
OF THE PRESERVATION OF CERTAIN BIRDS AND OTHER ANIMALS.

The owner of land may post notices forbidding shooting and trapping,
and it shall then be unlawful to enter it for those purposes. Game arti-
ficially propagated on land where shooting or trapping is forbidden, belongs
to the land-owner. St. 1884, c. 308, § 2.

Sect. 3. Wild ducks and fowl are protected in certain ponds. St. 1884,
c. 282.

Sect. 6. English sparrows are no longer protected. The mayor or
selectmen may give certificates allowing the killing of birds for scientific
purposes. St. 1883, c. 36.

Sect. 8. The time during which deer may be taken is changed from the
mouth of November to four days in each week in November, and the
penalty is modified. St. 1882, c. 199, § 1.

The killing of deer, except tame deer on the owner's grounds, is forbid-
den in Plymouth and Barnstable counties. St. 1883, c. 169.

Table of Changes. Ixxxi

Sect. 10 is amended, so that the possession of a deer, except in
November, is prima facie evidence of a violation of the law. St. 1882,
c. 199, § 2.

CHAPTER 94.
OF TIMBER AFLOAT OR CAST ON SHORE.

The Connecticut River Lumber Company is authorized to construct a
boom in the river. St. 1882, c. 274.

Sect. 5, which forbids the driving of logs, except in rafts, in the
Connecticut River, is limited to the river below the entrance of the Chicopee
River ; but the Connecticut River Lumber Company must pa}' damage to
owners of ferries and pleasure boats above. St. 1882, c. 274.

St. 1882, c. 274, is repealed, and section 5 of this chapter is amended.
St. 1883, c. 183.

The county commissioners of Franklin, Hampden and Hampshire, within
their respective counties, ma}' regulate the floating of timber on the Connect-
icut River above the Chicopee River, and require persons doing it to
protect dams, bridges and boats. St. 1883, c. 183.

CHAPTER 97.
OF WRECKS AND SHIPWRECKED GOODS.

Provision is made for the removal of wrecks and unauthorized structures
In the navigable waters of the Commonwealth. St. 1883, c. 260.

Sect. 1. The bond of the commissioner runs to the treasurer instead
of the judge of pi-obate, and provision is made for the discharge of the
sureties. St. 1885, c. 341.

Sect. 2. If the goods are less in value than one hundred dollars, he
may act. St. 1885, c. 341, § § 1, 2, 3.

Sects. 11, 12, 14. New provision is made for the sale of perishable
goods and the keeping of other goods and for accounting for the pro-
ceeds to the treasurer. St. 1885, c. 341.

CHAPTER 98.

OF THE OBSERVANCE OF THE LORD'S DAY.

The provisions relating to the observance of the Lord's Day shall not be
a defence to actions for torts or injuries suffered by a person on that da3^
St. 1884, c. 37.

CHAPTER 99.
OF GAMING.

Sect. 8 is revised and extended to persons present in any such place
engaged in any such business or employment. St. 1885, c. 342.

Sect. 10. The penalty is extended to those present at a gambling house
as well as to those playing. St. 1883, c. 120.

Ixxxii Public Statutes.

CHAPTER 100.
OF INTOXICATING LIQUORS.

No case for the violation of the liquor laws shall be disposed of except
by trial and judgment, unless the presiding judge on affidavits orders it.
St. 1885, c. 3')i).

Sect. 5. Licenses of the first three classes cannot be granted in any
place within four hundred feet of a public school on the same street. St.
1882, c. 220.

Applications maj^ be received, investigated and acted upon in March or
April and granted in April. St. 1883, c. 93.

A recount of the ballots on the question of license mav be had in cities
under the provisions of St, 1885, c. 299, §§ 22-26. St. 1885, c. 262.

In Boston licenses are to be signed by the police commissioners. St.
1885, c. 84.

Sect. 6. The publication of the notice of application for licenses in
Charlestown, East Boston, South Boston, Roxbury, West Roxbur}', Dor-
chester and Brighton districts, must be in one weekly paper in the district
as well as in the daily papers in Boston. St. 1882, c. 222.

Applications ma}' be advertised in March or April. St. 1883, c. 93.

Sect. 9. Common victuallers must close between twelve and five in the
morning. St. 1882, c. 242.

The sale of intoxicating liquor is forbidden after eleven o'clock instead of
twelve. St. 1885, c. 90.

The fourth condition of the license is extended to forbid sales or deliv-
eries to persons known to have been suppoited, in whole or in part, by
public chatity within twelve months before the date of the license. St.
1884, c. 158.

No common victualler or innkeeper having a license to sell intoxicating
liquors, maj' sell, give away or deliver such liquors on the day of any national,
municipal, or annual town election in his town or city. St. 1885, c. 216.

Sect. 12. To provisions forbidding an}' screen to prevent a view of the
business, is added " or a view of the interior of said premises," and such
screen or obstruction makes the license itself void. St. 1882, c. 259.

Sect. 13. Each surety ofl^ered on the bond given to obtain a license
must make affidavit that he is worth $2,000 above all liabilities, and shall
designate enough property to meet the bond. This affidavit is filed with
the bond. St. 1882, c. 259.

Sect. 18. Common victuallers who keep open during the forbidden hours
come within the fines and forfeitures of this section. St. 1882, c. 242.

Sect. 25. This section, which forbids sales after notice, applies to
sales by druggists and apothecaries except on prescriptions of ph^'si-
cians. The mayor of a city or any one of the selectmen of a town
may give the notice, and then sue in his own name but for the benefit of
husband, wife, child, parent or guardian of the person. St. 1885, c. 282.

Sect. 29. The assay er of liquors is now required to analyze liquors sent
to him by officers, and the forms of application and certificate are given.
Tampering with the samples is punished. His certificate is evidence. The
court may order analysis by other chemists. St. 1882, c. 221.

Table of Changes. Ixxxiii

The salaiy of the inspector and assayer of liquors is to be paid monthly
instead of quarterly. St. 1885, c. 224.

Sect. 30. A search warrant for liquor may be issued b}' a justice of the
peace authorized to issue warrants in criminal cases. St. 1884, c. 191.

CHAPTER 102.
OF LICENSES AND MUNICIPAL REGULATIONS OF POLICE.

Sect. 12. The liability of iunholders is still farther limited. St. 1885,
c. 358.

Sect. 13. The penalty for fraudulently procuring entertainment at inns
is extended to boarding houses. A copy of this section must be posted up.
St. 1883. c. 187.

The maximum fine for fraudulently procuring entertainment at an inn is
reduced from one hundred to fifty dollars. St. 1884, c. 169.

Sect. 33. 'Articles of personal apparel shall not be deemed to be of a
perishable nature for purposes of sale by pawnbrokers. St. 1884, c.
324.

Sects. 33-36. Persons engaged in the business of loaning money, or its
equivalent, in sums of less than one hundred dollars, on household goods,
wearing apparel or articles of personal use or ornament, or on pledges or
mortgages of such property, it being delivered to them, are subject to these
sections. St. 1885, c. 252,

Sect. 54. Cities and towns may regulate the sale or use of toy pistols,
toy cannon, and all articles in which explosives are used. St. 1882, c. 272.

Fire-arms or dangerous weapons may not be sold or furnished to minors
under fifteen years of age. St. 1884, c. 76.

Sect. 56. Any one storing, or keeping for sale, gunpowder over one
pound in amount, must at once give notice to the chief engineer, or, in
Boston, to the board of fire commissioners, of the amount and place in the
building. St. 1882, c. 269.

Sect. 75. Towns and cities may regulate the inspection of kerosene and
petroleum. St. 1885, c. 122, § 1.

Sect. 80. A dog which becomes three months old after the thirtieth day
of April, must be licensed. St. 1885, c. 292.

Sect. 86. In case of a transfer of a dog license, it must be recorded
again if the dog is kept in the city or town thirty days. St. 1884, c. 185.

Sects. 115-127. Provision is made for licensing skating rinks. Persons
keeping unlicensed rinks are punished and officers may enter them to enforce
the laws. St. 1885, c. 196.

Sect. 124. The fee for licenses of pawnbrokers etc., is made paj^able to
the board issuing the license, instead of to the clerk, and the words " not
less than" are put before the sum to be paid. St. 1882, c. 258.

Sects. 124, 126, 127. Groves used for picnics and other amusements
must be licensed in towns or cities which accept this act. St. 1885,
c. 309.

Ixxxiv Public Statutes.

CHAPTER 103.
OF THE DISTRICT AND OTHER POLICE.

Sect. 1. The governor ma}' appoint four more district police officers,
but the whole number shall not exceed twenty. St. 1885, c. 131.

District police need no longer be examined by a judge. St. 1884, c. 190.

St. 1884, c. 190 is repealed, and candidates for the district police need
not be examhied by, or under the direction of, a justice of the superior
court. St. 1885, c. 186.

Sect. 10. It is made the duty of the inspectors of buildings to enforce
sections 16, 17, 18 of chapter 104 of the Public Statutes, as well as sections
13-15 and 19-22, except where there are special officers for the purpose.
If the}' neglect their dut}', thev are to be discharged. These sections relate
to fire escapes. St. 1882, c. 266, §§ 4, 5, 6.

Sect. 15. Railroad police shall be sworn and hold office until their
appointment is revoked b}' the mayor and aldermen or selectmen, instead of
during pleasure. St. 1883, c. 65.

CHAPTER 104.
OF THE INSPECTION OF BUILDINGS.

No wooden flue for heating or ventilating shall be used in any building
over two stories in height, and occupied wholly or in part as a church,
school, hotel, theatre or other place of public assembly. St. 1885, c. 326.

Sect. 14. Relating to hoistways, elevators, etc., in factories, is extended
to mercantile and public buildings. Safety appliances to the elevators in
event of accident to the hoisting machinery are also required. St. 1883,
c. 208.

The inspectors of buildings may forbid the use of elevators for passengers
or freight which are unsafe, and may post a notice to that effect, which
must not be removed. St. 1883, e. 173.

Sects. 15, 16, 17, 18. Fire escapes are required in hotels, lodging
houses or boarding houses above a fixed size, and such buildings must have
watchmen, lights in the halls, gongs and notices describing the means of
escape. Factories must also have fire escapes if more than fort}' persons
are employed. The municipal authorities may require further precautions.
St. 1883, c. 251.

Certain approved appliances are allowed in the place of one watchman.
St. 1884, c. 223, § 1.

These sections apply to family hotels. St. 1884, c. 223, § 2.

Sect. 15, regulating fire escapes, is made to apply to manufacturing es-
tablishments as well as to factories ; and cities may make it apply to all
buildings three stories or more in height. St. 1882, c. 266, § 1.

Sect. 19. No inside or outside door of any building where operatives
are employed shall be fastened during working hours, and the inspectors
of factories must enforce this law. St. 1884, c. 52.

Sect. 20. Every tenement or lodging house three stories in height
must have a fire escape approved by the inspectors. St. 1882, c. 266, § 2.

Table or Changes. Ixxxv

Sect. 22. The penalty is changed from a forfeiture to a fine and made
to cover sections 13 to 21 inclusive, instead of 13, 14, 15, 19, 20, 21. The
person to whom notice of required changes is to be given is defined. St.
1882, c. 266, § 3.

Sect. 23. The authority of inspectors under sections 13 to 21 does not
extend to Boston or other cities where there are officers specially appointed.
St. 1882, c. 266, § 4.

Sect. 24, which requires the discharge of officers not attending to their
duties, is made to apply to sections 16, 17, 18. St. 1882, c. 266, § 5.

CHAPTER 105.

OF CERTAIN POWERS, DUTIES AND LIABILITIES OF CORPO-
RATIONS.

Foreign corporations, except insurance companies during business here
must appoint the commissioner agent to receive service in suits, and must
make return of their charters and capital. St. 1884, c. 330.

Sect. 24. No record is necessary to the transfer of stock. St. 1884,
c. 229.

Sect. 42. The clause limiting the time within which a receiver of a cor-
poration may be appointed is stricken out. St. 1884, c. 203.

CHAPTER 106.
OF MANUFACTURING AND OTHER CORPORATIONS.

Sects. 3, 4, 51. Any corporation governed by these sections may alter
its business under section 51. St. 1885, c. 310.

Sect. 10. Ten or more persons may form a corporation to examine and
guarantee the titles of real estate. Regulations for the business are estab-
lished. St. 1884, c. 180.

The formation of corporations for the purpose of cremating the bodies
of the dead is authorized and such cremation is regulated. St. 1885,
c. 265.

Sects. 11,52,75. These sections are extended to corporation for the
making, selling and distributing gas for heating, cooking, chemical and
mechanical purposes. The gas need not be inspected under chapter 61,
§ § 13, 14. The gas cannot be used for domestic purposes unless con-
nected with a chimney or flue. St. 1885, c. 240.

Sect. 75. Where a gas compan}' exists in active operation, no other
company or person shall dig up and open the streets, lanes and highwa3"s,
for the purpose of laying gas-pipes therein without the consent of the mayor
and aldermen or selectmen after a public hearing. An appeal lies to the
gas commissioners. St. 1885, c. 314, § 10, 16.

Ixxxvi Public Statutes.

CHAPTER 109.

OF COMPANIES FOR THE TRANSMISSION OF INTELLIGENCE BY

ELECTRICITY.

This chapter, except sections 16 and 18 shall also apply to lines for elec-
tric light. St. 1883, c. 221.

Sect. 4. Provision is made for damages to abutters on roads used for
wires. St. 1884, c. 306.

Sect. 10. Telephone companies must furnish telephones, telephone ser-
vice and connections to all individuals and corporations without discrimi-
nation. Courts of equity may enforce this statute. St. 1885, c. 267.

Telegraph companies are made responsible for all damages caused by
their negligence in the transmission of messages to the amount of one hun-
dred dollars, but this does not apply to railroad telegraphs transacting a
public business only as incidental thereto. St. 1885, c. 380.

Sect. 15. Wires must not be put up without the landowner's consent.
The name of the owner of the wire must be put on the posts, etc. St.
1884, c. 302.

CHAPTER 112.
OF RAILROAD CORPORATIONS AND RAILROADS.

Sect. 10. The salary of the clerk of the railroad commissioners is
raised from $2,000 to $2,500. St. 1885, c. 119.

The salaries of the railroad commissioners and their clerk and account-
ant are to be paid monthly instead of quarterl3^ St. 1885, c. 224.

Sects. 10, 11. The sum which mav be allowed to the accountant is
increased from $2,000 to $2,500. St. 1885, c. 164.

Sects. 17, 127, 169. The commissioners are given power to regulate the
occupation of street crossings, and to direct changes in tracks for that pur-
pose and the supreme court may enforce their orders. St. 1885, c. 110.

Sect. 34. Organization, under the general law, cannot be made unless
the railroad commissioners grant a certificate that public necessit}' and con-
venience require the construction of the road. St. 1882, c. 265, § 1.

Sect. 38. No steam railroad can be located within three miles of the
state house without the consent of the railroad commissioners, and of the
maj'or and aldermen or selectmen of the city or town in which a location is
sought. St. 1882, 0. 265, § 4.

Sect. 44. The proceedings are void unless the certificate of incorpora-
tion is issued within one year from the time when the route is fixed. St.
1882, c. 265, § 2.

Sect. 62. The stockholders may before May 13, 1883, ratify any notes
or bonds not approved or certified as required in this section. St. 1883,
c. 7.

Sect. 91. To the purposes for which land outside the location maybe
taken is added, the construction of one or more tracks. The assent of the
city or town is required where public highways, buildings, parks or ceme-
teries are to be taken. St. 1884, c. 134.

Table of Changes. Ixxxvii

Sect. 115. The power to exempt railroads from the dot}- to fence, is
transferred from the count}' commissioners to the railroad commissioners.
Proceedings to revoke such exemptions are regulated. St. 1882, c. 162.

Sect. 127. The commissioners are given power to regulate the occupa-
tion of street crossings, and to direct changes in tracks for that purpose
and the supreme court maj' enforce their orders. St. 1885, c. 110.

Sects, 129-134. The betterment act is extended to alterations of ways
at railroad crossings. St. 1884. c. 280.

Sect. 129. An appeal from the decision of the county commissioners as
to crossings of highways and railroads and as to private crossings may be
taken by any person aggrieved by their decision or neglect to decide for
sixty days. The proceedings are regulated. St. 1882, c. 135.

The count}' commissioners ma}', also, on the petition of twenty legal
voters of the county, assume jurisdiction as to grade crossings of railroads
and highways. Notice is provided for. The order cannot be made if the
expense will exceed $3,000. Their order may be annulled if the expense
exceeds 86,000. St. 1885, c. 194, § 1.

In Boston the railroad commissioners have jurisdiction under this section
either on petition of the mayor and aldermen or of the directors of the com-
pany. St. 1885, c. 194, § 2.

No appeal shall hereafter be allowed from decisions or orders of the
county commissioners under this section, except in proceedings pending.
St. 1885, c. 194, § 6.

Sect. 130. This section is amended by adding "or otherwise," so that
the latter part shall read, " and all damages occasioned by such taking or
otherwise shall be assessed." St. 1885, c. 194, § 3.

Sect. 131. "• Or " is changed to "and," and the commission may direct
which party shall pay the expenses, and it may apportion them between the
railroad and the town, city or county in which the crossing is, and other
towns and cities within the county specially interested. St. 1885, c. 194,
§4.

Sect. 132. The hearing need not be in term time. St. 1885, c. 194, § 5.

Sect. 139. The clause forbidding branches within eight miles of the
state house is stricken out. St. 1884, c. 279.

Sect. 161. Provision is made for interlocking or automatic signals at
railroad crossings, and for the expense of their maintainance. St. 1885,
c. 85.

Sect. 163. The commissioners may forbid or regulate locomotive whis-
tles at highway crossings. St. 1885, c. 334.

Sect. 166. The railroad commissioners, as well as the town or city
authorities, may require gates or flags at crossings. St. 1883, c. 117.

Sect. 169. The commissioners are given power to regulate the occupa-
tion of street crossings and to direct changes in tracks for that purpose, and
the supreme court may enforce their orders. St. 1885, c. 110.

Sect. 170. Locomotive boilers must be tested. St. 1882, c. 73.

Safety couplers are required on freight cars. St. 1884, c. 222.

Sect. 171. In addition to the tools which each train must now carry,
each car of every passenger train must have two sets of tools, safeguards
against fire, and such other appliances as the railroad commissioners re-
quire. St. 1882, c. 54.

Ixxxviii Public Statutes.

Sect. 179. The requirement of an examination for color blindness every
two years is repealed. St. 1883, c. 125.

Sect. 180. Railroads may establish tolls and fares, but they are
forbidden to give undue or unreasonable preferences. St. 1882, cc. 94, 225.

Onl}' ten cents extra can be charged where fare is paid on the cars, and
a cheek must be given redeemable in ten days, all under a penalty. St.
1883, c. 32.

Sect. 202. The offence of interfering with electric signals is enlarged
by omitting the word, "• electric." St. 1884, c. 5.

Sect. 205. Unlawfully using, removing or tampering with the tools
required to be carried on passenger trains, is punished. St. 1882, c. 54, § 2.

Sect. 212. If an employee, in the exercise of due care, is killed, under
such circumstances that he could have maintained an action for damages
if death had not resulted, the corporation shall be liable as if he had not
been an employee. St. 1883, c. 243.

CHAPTER 115.

OF ASSOCIATIONS FOR CHARITABLE, EDUCATIONAL AND OTHER

PURPOSES.

No association formed for medical purposes under this chapter can con-
fer degrees, and officers attempting to do so, are punished. St. 1883,
0. 268.

Sect. 2. Relief societies ma}- be formed by the employees of railroads
and steamboat companies. They are subject to the supervision of the
railroad commissioners. St. 1882, c. 244.

Corporations organized under this chapter may provide for weekly or
other payments to members in need, and establish rates. St. 1882, c. 195.

Sects. 3, 4, 5. Corporations for life and casualty insurance on the
assessment plan may be formed. St. 1885, c. 183, § 2.

Sect. 8. Such corporations may accumulate funds to assist the widows,
orphans or other relatives of deceased members, or any person dependent
on them. St. 1882, c. 195, § 2.

Sect. 11, which provides for the returns of benefit societies, is amended
to cover societies making payments for disabilities, and to make the returns
more definite. St. 1882, c. 195, § 3.

No such society can re-insure or transfer its policies to any society not
authorized to do business here. St. 1882, c. 195, § 4.

CHAPTER 116.
OF SAVINGS BANKS AND INSTITUTIONS FOR SAVING.

Receivers at the end of one year from their final settlement must deposit
all books and papers with the commissioners. St. 1882, c. 77.

The books and papers of insolvent savings banks may be stored in the
Commonwealth building. St. 1884, c. 72.

Table of Changes. Ixxxix

Sect. 2. The part relating to clerical assistance ($1,600 per annum)
is repealed, and the salary of the first clerk fixed at $1,300 and the extra
clerk at S700. St. 1882, c. 148.

Sect. 16. Notice of special meetings must be given, both by publica-
tion and by mailing notices, instead of in either mode, as at present.
St. 1884, c. 150.

Sect 19. A savings bank may only receive or pay deposits at their
banking house, which must be where the bank is established. St. 1884,
c. 253.

Sect. 20. The limit of authorized investments is extended. St. 1882,
c. 231 ; St. 1883, c. 134; St. 1885, cc. Ill, 124, 348.

"Net indebtedness" is to be computed, excluding water loans and
crediting sinking funds. St. 1883, c. 127.

Only a sum equal to thirtj^-five per cent, of the deposits can be invested
01' held as collateral in stocks of banks, and if more is now held it must be
reduced to that amount before July 1, 1885. St. 1883, c. 202.

Sect. 20, cl. 4. The amount of the stock of any one bank which can be
held as an investment or as collateral security is limited to three per cent,
of the deposits. St. 1882, c. 224.

Sect. 20, cl. 6. The amount which savings banks maj- lend on personal
security to any person, firm or corporation is limited. St. 1884, c. 168.

Sect. 20, cl. 8. The time for the sale of real estate now held by fore-
closure is extended. St. 1882, c. 200.

One year more is given with power for the bank commissioners to grant
two years additional time. St. 1883, c. 52.

Sects. 13, 21, 22, 23. The names of the board of investment must be
published twice a year. St. 1882, c. 50.

Sect. 29. Savings bank orders may be paid, when presented within
thirty days after their date, although the depositor has in the mean time
died, and at any time after, provided the bank has not had actual notice of
his death. St. 1885, c. 210, § 2.

Sect. 44 is repealed and new provision is made for paying unclaimed
dividends into the treasury. Claims for such dividends may be made within
two years. St. 1883, c. 258.

CHAPTER 117.
OF CO-OPERATIVE SAVINGS FUND AND LOAN ASSOCIATIONS.

Sect. 3. The words " co-operative savings fund and loan association"
are changed to " co-operative bank" in the statute and in the names of all
associations existing or future. St. 1883, c. 98.

Sect. 5, Co-operative banks must provide a guaranty fund. St. 1885,
c. 121, § 2.

Sect. 6. The offices of secretary and treasurer of a co-operative bank
may be held by one person. St. 1885, c. 121, § 1.

Sect. 8. The mode of withdrawing or retiring shares is determined and
their value. St. 1882, c. 251, § 1.

Sect. 10. Before paying off matured shares, arrears and fines are to be
deducted. St. 1882, c. 251, § 1.

xc Public Statutes.

In lending money the bids may be a rate of interest not less than five
per cent, instead of a premium. St. 1882, c. 251, § 2.

Sect. 16 is amended b}- providing that the share of a member six months
in arrears may be declared forfeited. He is then given credit for the with-
drawing value of his share and the balance is enforced against his security.
St. 1882, c. 251, § 1.

CHAPTER 119.
OF INSURANCE COMPANIES AND INSURANCE.

Provision is made for insurance against tempests. St. 1883, c. 33, § 4.

The formation of mutual fire insurance companies with a subscription
fund is authorized and regulated. St. 1885, c. 354.

Companies to guaranty the fidelity of persons and to act as sureties on
bonds are authorized and regulated. St. 1884, c. 296.

And to examine and guaranty the titles of real estate. St. 1884, c. 180.

Foreign fidelity insurance companies, when admitted to do business here
have the same powers and privileges as companies formed under St. 1884,
c. 296. They may be sureties on probate bonds. St. 1885, c. 241.

Sect. 6. In addition to the commissioner or his deputy, the first clerk,
under the direction of the commissioner, is authorized to examine domestic
companies. St. 1883, c. 235.

Sect. 11. In computing the amount required for reinsurance, instead of
taking the full amount of all marine risks, sixty per cent, is taken on yearly
risks and those covering more than one voyage. St. 1883, c. 126.

Fire, marine or inland insurance companies with a capital not exceeding
two hundred thousand dollars, shall compute reinsurance at fifty per cent,
of outstanding premiums on inland business, and at one hundred per cent,
on all ocean marine premiums. St. 1884, c. 178.

Sect. 21. The money or relief to be paid by companies incorporated
under this act and doing life or casualty insurance on the assessment plan
is not attachable. St. 1885, c. 183, § 11.

Sects. 26-29. Domestic marine insurance companies may insure against
fire or lightning on adding to their capital the minimum amount required for
such business. St. 1884, c. 177.

Sect. 29. The minimum capital required for fire, marine and inland
business is fixed at two thousand dollars in all cases. No foreign company
shall be allowed to do other than a fire business unless its capital shall be
three hundred thousand dollars or more. St. 1884, c. 178.

Sect. 38. The benefit provided by corporations under this act is not
held for debts or liabilities of the insured or beneficiary. St. 1885, c. 183,
§ 11.

Sect. 46. Insurance companies maj" invest their capital in any invest-
ments in which savings banks may invest their deposits. St. 1885, c. 308.

Sects. 51, 79. Insurance companies may provide for dividing their
directors into two, three or four classes to hold ofllice those numbers of
years. St. 1884, c. 74.

Sect. 133, which limits the risks to be taken in towns and districts, is
modified. St. 1883, c. 33, § 2.

Table of Changes. xci

Sects. 141 et seq. Discrimination on account of color is forbidden. St.
1884, c. 235.

Sect. 145. Life and casualty insurance on the assessment plan is reg-
ulated. St, 1885, c. 183.

Sect. 156. The securities deposited with the state treasurer to comply
with the laws of other states under this section, may be returned. St.
1884, c. 119.

Sect. 157. The fee for valuing life insurance policies is reduced from
one cent to five mills on each thousand dollars. St. 1884, c. 55.

Sect. 1G7. The benefit provided by companies formed under this act
cannot be held for debts or liabilities of policy or certificate holders or
beneficiaries. St. 1885, c. 183, § 11.

Sect. 173. This section is repealed and unclaimed dividends are paid
into the treasury. Claims for such dividends may be made within two
years. St. 1883, c. 258.

Receivers at the end of one year from the final settlement must de-
posit all books and papers with the insurance commissioner. St. 1883,
c. 33, § 5.

Sects. 178-195. Reinsurance in companies not authorized to insure here
is forbidden. St. 1883, c. 33, § 1 ; St. 1884, c. 120.

Sect. 185. False or fraudulent statements or representations by any
solicitor, agent or examining physician, are made misdemeanors and pun-
ished when made with reference to insurance under this act. St. 1885, c.
183, § 12.

Sects. 200, 224. In certain cases where a sufficient amount of insur-
ance cannot be procured in companies admitted to do business here, persons
may be licensed to procure insurance in companies not admitted. St. 1885,
c. 300.

Sect. 218. Provision is made for withdrawing the deposit made by for-
eign insurance companies, when all claims are satisfied, and for changing
its investment and for enforcing in equity the trust on which it is held. St.
1883, c. 107.

Sect. 227. The commissioner is to furnish, in December, blanks for
the returns. St. 1883, c. 33, § 3.

The time for filing the annual statement may be extended for cause to
February 15. St. 1884, c. 217.

Sects. 227, 228, Foreign fire insurance companies are not obliged to
return their foreign business and assets, but if they do not, they may not
announce them under penalty of revocation of their license. St. 1884,
c. 58.

CHAPTER 124.

OF THE RIGHTS OF A HUSBAND IN THE REAL ESTATE OF HIS DE-
CEASED WIFE, AND THE RIGHTS OF A WIFE IN THAT OF HER
DECEASED HUSBAND.

Sect. 1. The words "If his wife does not otherwise provide by her
will," are stricken out. St. 1885, c. 255, § 2.

xcii Public Statutes.

CHAPTER 125.

OF THE DESCENT OF REAL ESTATE.

Sect. 4. The property of an illegitimate child descends to his relatives
through his mother, if she is dead. St. 1882, c. 132.

CHAPTER 12G.

GENERAL PROVISIONS CONCERNING REAL ESTATE.

Sects. 5, 6. A conveyance to a husband and wife no longer creates an
estate in joint tenancy without express words. St. 1885, c. 237.

CHAPTER 130.
OF THE APPOINTMENT OF ADMINISTRATORS.

Sect. 1. Administration may be granted to one or more of the next of
kin when the widow and all the other next of kin resident here and of age
consent. Notice may be dispensed with. St. 1885, c. 260.

Sects. 2, 8. Administrators may be allowed to give a bond without
sureties as executors are under chap. 129, § 8. St. 1885, c. 274.

Sect. 4 is amended so that if an}^ property or claim or right thereto be-
longs or accrues to such estate after twenty 3'ears, original administration
may be granted on it. St. 1885, c. 242.

Sects. 10-17. A special administrator, by leave of the probate court,
may pay the expenses of the executor in proving the will. St. 1884, c. 291.

CHAPTER 131.

OF PUBLIC ADMINISTRATORS.

Sect. 18. Claims under this section are limited to one year after the
money is deposited. St. 1883, c. 264.

CHAPTER 135.

OF ALLOWANCES TO WIDOWS AND CHILDREN AND OF THE DIS-
TRIBUTION OF THE ESTATES OF INTESTATES.

Sect. 3, cl. 3. The husband, instead of the whole, is given one-half of
the personal estate of his deceased wife. St. 1882, c. 141.

Sect. 3, cl. 5. If the intestate leaves a widow and no kindred, the
widow shall be entitled to the whole of the residue. St. 1885, c. 276.

CHAPTER 139.

OF GUARDIANSHIPS.

Sects. 1-3. The Boston Children's Friend Society may be appointed
the guardian of minors. St. 1885, c. 362.

Table of Changes. xciii

CHAPTER 140.

OF SALES AND MORTGAGES OF REAL ESTATE BY GUARDIANS.

Sect. 18. The right to license guardians to sell at private sale is no
longer limited to undivided interests. St. 1885, c. 258.

CHAPTER 143.

GENERAL PROVISIONS RELATIVE TO BONDS OF EXECUTORS, AD-
MINISTRATORS, GUARDIANS AND TRUSTEES.

Sect. 1. Foreign fidelity insurance companies ma}' be sureties on pro-
bate bonds. St. 1885, c. 241.

Companies may be formed to act as sureties on probate bonds. St.
1884, c. 296.

CHAPTER 144.

OF THE ACCOUNTS AND SETTLEMENTS OF EXECUTORS, ADMINIS-
TRATORS, (GUARDIANS AND TRUSTEES.

Sect. 16. Legacies due to persons whose residence is unknown may be
ordered to be deposited under this section. St. 1885, c. 376.

CHAPTER 146.
OF DIVORCE.

Statistics as to libels of divorce must be furnished by the clerks of the
courts to the secretary of state, who prepares abstracts and tables for the
legislature. St. 1882, c. 194.

Sect. 1. Divorce may be decreed for absence which would raise a pre-
sumption of death. St. 1884, c. 219.

Sect. 19. The application for final decrees is to be made, without further
notice, to the court, or a justice of it, instead of the clerk. St. 1882, c. 223.

CHAPTER 147.
OF CERTAIN RIGHTS AND LIABILITIES OF HUSBAND AND WIFE.

A wife shall have the right of interment in an}' lot or tomb which her
husband owned during coverture, unless she has released it. St. 1883,
c. 262.

Sects. 1,6. A married woman living separate by decree may devise or
convev her property free from all rights in her husband. St. 1884, c. 301 ;
St. 1885, c. 255.

Sect. 3. The words " a husband and wife shall not transfer property to
each other" are so changed that the chapter shall not "authorize" such
transfer. The change applies to all transfers made since the enactment of
the Public Statutes. St. 1884, c. 132.

xciv Public Statutes.

Sect. C. Where it has been established by decree that a married woman
is deserted or living apart from her husband for justifiable cause, her will
cuts off his rio;hts. St. 1885, c. 255.

CHAPTER 148.

OF THE ADOPTION OF CHILDREN AND THE CHANGE OF NAMES.

Sects. 11-14. A list of all names changed by special act or nnder the
General or Public Statutes is to be published and distributed. St. 1884,
c. 249.

CHAPTER 150.
OF THE SUPREME JUDICIAL COURT.

Sect. 2, cl. 11. Double costs and interest at twelve per cent, maybe
given for frivolous appeals or exceptions on the motion of the other party
or without it. St. 1883, c. 223, § 15.

Sect. 31. The law term for Worcester is hereafter to be held on the third
Monday after the second Tuesday of September instead of on the third
Tuesday. St. 1885, c. 48.

Sect. 39. Justices of the supreme court, after ten years service and
attaining seventy years of age, may retire on three-fourths of the salary.
St. 1885, c. 162.

CHAPTER 151.
OF THE SUPREME JUDICIAL COURT; EQUITY JURISDICTION.

Sect. 2, cl. 11. The provisions for reaching the property of debtors are
extended. The del^t may be less than one hundred dollars. The interest
of a partner may be reached. St. 1884, c. 285.

Sect. 7. The forms in equity are established. Suits in equity may be
brought where transitory actions now are. No action shall be defeated
because the form ought to be law instead of equity or vice versa. St. 1883,
c. 223, § § 10, 13, 17.

CHAPTER 152.

OF THE SUPERIOR COURT.

Sect. 2. The salary of the chief justice is raised from $4,800 to $5,300,
and that of the other justices from $4,500 to $5,000. St. 1882, c. 205.

Sect. 4. General equity jurisdiction is given and the practice in equity
is regulated. St. 1883, c. 223.

The return day of process is to be computed from the service and not
from the date. St. 1884, c. 316.

Sect. 8. The affidavit and request for removal may be filed within thirty
days after the day for appearance. St. 1885, c. 384, § 14.

Sect. 17. The number of criminal terms for Hampden is increased from
two to three. They are to be held on the first Monday of May, the fourth
Monday of September and the third Monday of December. St. 1885, c. 27.

Table of Changes. xcv

Sect. 17. The criminal term in Essex on the second Monday of May is
changed to tlie first Monday. St. 1885, c. 191.

Skct. 18. The superior court in Plymouth may be adjom-ned to Brock-
ton, but no longer to Bridge water. St. 1885, c. 134.

CHAPTER 153.

OF MATTERS COMMON TO THE SUPREME JUDICIAL COURT AND
THE SUPERIOR COURT.

Sects. 10, 13. When disability or death of the justice prevents him
from signing bills of exceptions they may be proved as if they were disal-
lowed by him. St. 1882, c. 239.

CHAPTER 154.
OF THE POLICE, DISTRICT AND MUNICIPAL COURTS.

Sect. 1. The session of the district court of Hampshire, required by St.
1882, c. 227, to be at Cummington, is made discretionary with the justice.
St. 1883, c. 75.

The clerk need not attend except at Northampton, but makes his record
from the minutes of the judge. St. 1883, c. 80.

Sessions of the district court of Nortliern Berkshire are established at
Adams. St. 1884, c. 2GG.

Sect. 2. For the police court of Cambridge is substituted the third dis-
trict court of Eastern Middlesex, including Cambridge, Arlington and
Belmont. The fourth district court of Eastern Middlesex is established,
including Woburn, Winchester and Burlington. St. 1882, c. 233.

Police courts are established in Marlborough and Brookline. St. 1882,
c. 233.

The district court of Hampshire is estalilished with a district, including
the county. St. 1882, c. 227.

The town of Hopkinton is taken from the district of the first district
court of Southern Middlesex. St. 1882, c. 169.

The first district court of Northern Worcester is established. St. 1884,
0. 215.

The city of Brockton and the towns of Bridgewater and West Bridge-
water are made a district for the police court of Brockton, with a justice at
a salary of $1,600 and a clerk at $800. The first district court of JPlymouth
is abolished and its business is transferred to the police court of Brockton.
St. 1885, c. 155.

Sects. 4 to 10. The justices may interchange services as they may find
convenient. St. 1885, c. 132.

Sect. 5. The police court of Chelsea is given a clerk. St. 1882, c. 176.

And the second district of Eastern Middlesex. St. 1883, c. 97.

And the district court of Hampshire. St. 1883, c. 80.

And the municipal court for the Dorchester District. St. 1885, c. 79.

XCVl

Public Statutes.

The clerkship of the district court of Southern Berkshire is abolished.
St. 1884, c. 231.

Sect. 11. The criminal jurisdiction of police and district courts is ex-
tended. Provision is made for crimes committed near the line of the dis-
trict. St. 1885, c. 322.

And to cases under chapter 57, relating to the sale and inspection of
milk. St. 1885, c. 149.

Sect. 16. This section, which provides that writs from certain courts
may run into other counties, is made to apply to all district, police and
municipal courts. St. 1885, c. 45 ; superseding St. 1884, c. 216, § 5.

Sect. 25. When no justice is present at a police or district court the
sheriff or his deputy may adjourn it. St. 1884, c. 188.

Sect. 26. Special justices of the district of Hampshire are allowed their
travelling expenses, not exceeding one hundred dollars. St. 1884, c. 205.

Sect. 39. Section 52 of this chapter requiring a bond instead of a recog-
nizance in the municipal courts of Boston is extended to the other munici-
pal, poUce and district courts. St. 1882, c. 95.

Sect. 42. The justice of the several municipal courts of Boston may
act for each other in certain cases. St. 1882, c. 43.

Winthrop is added to the East Boston district. St. 1882, c. 146.

Sect. 55. Another associate justice is added to the municipal court in
Boston, making three in all. St. 1882, c. 41.

Sect. 58. The clerk of the municipal court in Boston for criminal busi-
ness is paid $1,600 instead of $1,900, to be expended for extra clerical
assistance. St. 1883, c. 47.

A second assistant to the clerk for civil business at a salary of sixteen
hundred dollars per year may be appointed. St. 1885, c. 42, § 2.

A fifth assistant clerk may be appointed. St. 1885, c. 137.

Sect. 62. An additional session may be held b}^ the special justice when
requested bv the chief or senior justice, he receiving ten dollars per day
therefor. St. 1885, c. 42.

Sect. 64. The salaries of the justices are increased as follows :

Southern Berkshire, 1884, c. 231,
Brighton, 1885, c. 49, .
Brookline, 1882, c. 233,
1884, e. 211,
Dorchester, 1885, c. 79,
East Boston, 1882, c. 245, .
First Bristol, 1884, c. 220, .
First Essex, 1882, c. 245,
Fitchburg, 1882, c. 245,

Table of Changes.

xcvii

From.

To.

Hampshire, 1882, c. 227,

$2,800

Haverhill, 1882, c. 245,

$1,400

1,800

Marlborough, 1882, c. 233, .

1,000

First Eastern Middlesex, 1882, c. 245,

1,200

1,500

Third Eastern Middlesex, 1882, c. 233,

2,200

Fourth Eastern Middlesex, 1882, c. 233,

1,200

Newburyport, 1882, c. 245, .

700

1,200

Somerville, 1882, c. 245,

1,200

1,400

South Boston, 1882, c. 245, .

1,800

2,000

West Roxbury, 1883, c. Ill,

1,200

1,600

First Eastern Worcester, 1884, c. 208, .

800

1,000

Second Eastern Worcester, 1882, c. 245,

800

1,000

First Northern Worcester, 1884, c. 215,

1,200

Third Southern Worcester, 1882, c. 245,

1,400

1,600

The salary of the justice of the district court of Hampshire is reduced
from $2,800 to $2,300, he being given a clerk. St. 1883, c. 75.

The salaries of the clerks are increased as follows

Central Berkshire, 1882, c. 245, .

Boston Civil, 1882, c. 245, . . .
Criminal, 1885, c. 137,
Assistant Criminal, 1885, c. 137,

Chelsea, 1882, c. 176, .
1884, c. 197, .

Dorchester, 1885, c. 79,

East Boston, 1882, c. 245,

First Essex, 1882, c. 245,

3,000

1,400

800

900

600

1,100

1,300

XCVIU

Public Statutes.

Fitchburg, 1882, c. 245,

Gloucester, 1883, c. 53,

Hampshire, 1883, c. 80,

Haverhill, 1882, c. 245, .

Holyoke, 1884, c. 65, .

Lowell, 1882, c. 63,

Marlborough, 1882, c. 233,

First Eastern Middlesex, 1882, c. 87,

Second Eastern Middlesex, 1883, c. 97,

Second Eastern Middlesex, 1885, c. 180,

Third Eastern Middlesex, 1882, c. 233,

Fourth Eastern Middlesex, 1882, c. 233,

Newburyport, 1882, c. 245, .

First Plymouth, 1883, c. 57, .

Somerville, 1882, c. 245,

South Boston, 1882, c. 245, .

Central Worcester, assistant, 1882, c. 245,

Second Eastern Worcester, 1882, c. 245,

First Northern Worcester, 1884, c. 215,

First Northern Worcester, 1885, c. 286,

600

750

1,000

800
400

600
500
600
1,200
• 800
400

600

To.

$700
800
600
800

1,000

1,200
400

1,000

600

1,200
600
700
600
800
1,400
1,000
500
600
800

Of the constables

Boston, civil (2), 1882, c. 245, .
criminal (6), 1882, c. 245,
East Boston, 1882, c. 245, .
South Boston, 1882, c. 245, .
Roxbury, 1882, c. 245, .

To.

11,100
1,300
1,100
1,100
1,100

Table of Changes. xcix

Sect. 64. The clerk of the fourth district court of Plymouth is allowed
his travelling expenses not exceeding one hundred dollars. St. 1884, c. 204.

Sect. 69. The salary of the messenger of the superior court in Suffolk
is increased from $1,400 to $1,500. St. 1883, c. 54.

CHAPTER 155.
OF JUSTICES OF THE PEACE AND TRIAL JUSTICES.

Sect. 3, which authorizes them to summon witnesses, is redrawn. St.
1885, c. 141.

Sect. 4. The power of justices authorized to issue warrants is modified.
St. 1884, c. 286.

Sects. 43-66. Trial justices have the same jurisdiction to sentence male
persons to the Massachusetts Reformator}' which district courts have. St.
1885, c. 356.

They shall have jurisdiction of cases under chapter 57 relating to the
sale and inspection of milk. St. 1885, c. 149.

Sect. 49. Trial justices may not commit children under twelve to a jail,
house of correction, house of industry or state workhouse, except for
offences punishable by imprisonment for life. St. 1882, c. 127, § 1.

CHAPTER 156.
OF PROBATE COURTS.

Sects. 22, 23. The probate judge in Suff'olk may appoint a constable of
the city of Boston to attend the session and serve orders and precepts.
His salary is $1,200. St. 1884, c. 140.

Sect. 35. In probate cases expenses as well as cost maybe awarded.
St. 1884, c. 131.

Sect. 44. The limit of expense of reeordins; probate proceedings in
Suffolk is raised from $1,200 to $2,000. St. 1884, c. 118.

Sect. 48. When the regular term falls on a legal holida}' or on election
day it shall be held on the da}' after, and notices to the regular term shall
be deemed to be then returnable. St. 1884, c. 141.

In Hampden the court day is changed from Tuesday to Wednesday, and
a court at Springfield is added in November and four days are given to
Holyoke. St. 1884, c. 294.

CHAPTER 157.
OF COURTS OF INSOLVENCY.

Provision is made for composition with creditors. It does not apply to
corporations. St. 1884, c. 236.

The provisions as to composition with creditors are amended. St. 1885,
c. 353.

Sect. 26. Equitable liabilities maybe proved. St. 1884, c. 293.

c Public Statutes.

Sect. 84. No delit or claim against a pledge created by an unauthor-
ized sale of the collateral shall be discharged. St. 1885, c. 353, § 6.

Sect. 102. Accounts of assignees in insolvency must be sworn to by
the assignees or one of them. St. 1884, c. 126.

Sect. 103. Provision is made for the investment of unclaimed dividends
in the name of the judge. St. 1883, c. 242.

CHAPTER 158.
OF JUDGES AND REGISTERS OF PROBATE AND INSOLVENCY.

Sect. 23. The salarv of the judge in Middlesex is raised from $2,500 to
$3,000. St. 1882, c. 129.

In Essex, from $2,500 to $3,000. St. 1883, c. 244. In Bristol, from
$1,800 to $2,000. St. 1885, c. 165. In Worcester, from $2,500 to $3,000.
St. 1885, c. 275. In Dukes county, from $500 to $600. St. 1885, c. 318.
In Suffolk, from $4,000 to $5,000. St. 1885, c. 203.

Of the judge and register of probate for Berkshire respectively, from
$1,200 to $1,600. St. 1884, c. 192.

Of the assistant register in Suffolk, from $1,500 to $2,000. St. 1882,
c. 144.

Of the register in Hampden County, from $1,600 to $1,800. St. 1884,
c. 248.

Sects. 23, 24. A sum not exceeding $1,500 additional is allowed for
clerical assistance in Middlesex Count3\ St. 1885, c. 304.

Sect. 24. In Suffolk the allowance for clerical assistance may be $1,200.
St. 1885, c. 205.

CHAPTER 159.

OF CLERKS. ATTORNEYS AND OTHER OFFICERS OF JUDICIAL

COURTS.

Clerks of the superior court and of the municipal court of Boston may
use a fac-simile of their signatures upon writs, summons, orders of notice to
appear and orders of attachment, except executions. St. 1885, c. 321.

Sect. 31. The salary' of the second assistant clerk for civil business is
raised from $2,000 to $2,500. St. 1885, c. 250.

Sect. 34. The provisions relating to the qualification and admission to
practice of attorneys at law apply to women. St. 1882, c. 139.

Sect. 44. The clause forbidding any person to appear as counsel or
attorney in any suit determined by him as judge or trial justice is extended
to any proceeding, civil or criminal. St. 1884, c. 170.

Sect. 50. The compensation of masters and special masters in chancery
and of assessors appointed by the court is .paid by the county. St. 1883,
c. 216.

Sect. 68. Deputies in attendance on the supreme judicial court in
Sufiblk, not exceeding four in number, are paid a salary of fourteen hundred
dollars instead of $4.50 per day and travel. St. 1882, c. 232.

Table of Changes. ci

Sect. 69. Officers attending the superior court are paid fifteen hundred
dollars instead of fourteen hundred dollars, as before. St. 1882, c. 245, § 3.

The superior court may appoint official stenographers in each county
except Suffolk. St. 1885, c. 291.

CHAPTER 160.

SPECIAL PROVISIONS RESPECTING COURTS AND THE ADMINIS-
TRATION OF JUSTICE.

Sect. 4. When Christmas falls on Sunday the day following is added to
the days on which the courts are not open. St. 1882, c. 49.

Sects. 7-10. The laws as to naturalization are revised and jurisdiction
given to the lower courts. St. 1885, c. 345.

CHAPTER 161.

OF THE COMMENCEMENT OF ACTIONS AND THE SERVICE OF

PROCESS.

Sect. 1, The venue of equity suits is the same as that of transitory
actions. St. 1883, c. 223, § 13.

Sect. 10. The motion for removal may be filed within thirty days after
the day for appearance. St. 1885, c. 384, § 14.

Sect. 23. Writs are to be made returnable on the first Monday of each
month, terms being abolished. St. 1884, c. 384, §§1,2.

CHAPTER 163.

OF BAIL.

Sect. 12. The bail are also discharged on paying costs if the principal
dies. St. 1884, c. 260.

CHAPTER 164.

OF PROCEEDINGS AGAINST ABSENT DEFENDANTS AND UPON
INSUFFICIENT SERVICE.

Sect. 6. When real estate of a non-resident is attached notice must be
given him within one year or the suit must be dismissed. St. 1884, c. 268.

Sect. 7. A default is entered on failure to appear within ten days after
the day specified in the notice. St. 1885, c. 384, § 8.

CHAPTER 167.

OF PLEADING AND PRACTICE.

Terms of the courts are abolished, but sittings shall be held when and
where the terms are now appointed. The courts are always open. Return
days for writs and other process are established on the first Monday of
every month. The practice of the courts is adapted to these changes.
St. 1885, c. 384.

cii Public Statutes.

Sect. 9. Instead of the failure to file declaration being a discontinuance,
the action may be dismissed on motion. St. 1885, c. 384, § 6.

Sect. 17. Any matter which would entitle the defendant in equity to be
absolutely relieved from the plaintiff's claim mav be alleged. St. 1883, c.
223, § 14.

Sect. 24. Equitable defences may be relied on in reply to the defend-
ant's answer. St. 1883, c. 223, § 14.

Sects. 46, 47 are repealed. St. 1885, c. 384, § 15.

Sect. 67. Where there are two or more shire towns the shire town at
which an action shall be tried may be designated at the term of entry and
then it shall not be tried elsewhere nor costs given for terms held elsewhere.
St. 1882, c. 264.

The parties may agree that an action shall not be tried before a certain
day. St. 1884, c. 304.

CHAPTER 169.
OF WITNESSES AND EVIDENCE.

Sect. 1. EA^ery clerk of a court of record may issue summonses in all
cases, but a justice of the peace only in civil cases, unless requested bj^ the
prosecuting officer or the party prosecuted, and in the latter case it must be
expressed in the subpoena. St. 1884, c. 247, is repealed. St. 1885, c. 141.

Sects. 7, 8. The board of police commissioners are added to the bodies
which may call witnesses before them, and if they do not attend, the chair-
man may issue a warrant. St. 1882, c. 267.

Justices of the supreme or superior courts may compel witnesses to ap-
pear before special tribunals which have power to summon but not to com-
pel their attendance. St. 1883, c. 195.

Sects, 28, 41. Where the adverse party does not appear to defend, no
notice of the taking of depositions and no exhibition of interrogatories is
required. St. 1883, c. 188.

Sect. 54. In case of depositions in perpetuam memoriam of parties
without the state, the court shall order reasonable notice to non-resident par-
ties interested. St. 1882, c. 140.

Sect. 70. Copies of the records, books and accounts of savings banks
verified by affidavit are made evidence. St. 1885, c. 92.

CHAPTER 171.
OF JUDGMENT AND EXECUTION.

New provisions are made as to the time of entering judgment. St. 1885,
c. 384.

Sects. 17, 24. A general execution maybe issued or the plaintiff may
have scire facias where the defendant fails to obtain a discharge or unrea-
sonably delays to prosecute the proceedings'. St. 1885, c. 59.

Sect. 54. In case of sickness or absence of the officer serving the exe-
cution, he, or the judgment creditor, may delegate another officer to act.
St. 1885, c. 125.

Table of Changes. ciii

CHAPTER 172.

OF THE LEVY OF EXECUTION ON REAL ESTATE.

Sect. 30. Execution sales where the sale is restrained maybe adjourned
until the further order of the court granting the injunction. . On the final
determination of the injunction the court may order the sale to proceed and
farther notice to be given, St. 1885, c. 175.

CHAPTER 176.

OF PETITIONS FOR THE SETTLEMENT OF TITLE.

After possession for twenty years by the mortgager he maj^ ^pply to the
supreme court, and if it appears that there has been no act of recognition
during that time, any action is barred. St. 1882, c. 237 ; St. 1885, c. 283.

CHAPTP:R 178.
OF THE PARTITION OF LAND.

Sect. 13. The affidavit for removal may be filed within thirt}- days after
the day for appearance. St. 1885, c. 384.

Sect. 51. The notice of the petition is to be published in " such news-
paper or newspapers," instead of in " newspapers." St. 1882, c. 55.

Sect. 63 is amended as stated in the published editions of the Public
Statutes. St. 1882, c. 6, § 2.

Sect. 45, et seq. Probate courts may make a partial division setting
off to the petitioner his share and allowing the residue to remain in com-
mon. St. 1885, c. 293.

CHAPTER 181.

OF THE REDEMPTION AND FORECLOSURE OF MORTGAGES.

Sect. 17. The notice of sale under a mortgage of real estate, if there is
no newspaper in the town, may be given in some newspaper in the county.
St. 1882, c. 75.

CHAPTER 183.
OF CERTAIN WRITS AND PROCEEDINGS IN SPECIAL CASES.

Sect. 10. Appearance and answer must be within ten days from the
return day of the writ. St. 1885, c. 384, § 9.

Sect. 73. When pending the trustee process, the defendant sues the
trustees, the costs in such suit are in the discretion of the court. St. 1883,
c. 62.

civ Public Statutes.

CHAPTER 185.

OF HABEAS CORPUS AND PERSONAL REPLEVIN.

Sect. 18 is amended as stated in the published edition of the Public
Statutes. St. 1882, c. 6, § 3.

CHAPTER 187.

OF WRITS OF ERROR AND WRITS OF AND PETITIONS FOR REVIEW.

Sect. 39. A stay of execution may be ordered without security when
the petitioner had no actual knowledge of the action before judgment was
entered. St. 1882, c. 249.

CHAPTER 192.

OF MORTGAGES, CONDITIONAL SALES, PLEDGES AND LIENS ON
PERSONAL PROPERTY.

Sects. 1, 2 are repealed and two new sections are substituted. The new
sections diflfer in requiring the mortgage to be recorded within fifteen days
from the date written therein. If it must be recorded in two places, the
second record must be within ten days of the first. The mortgage is not
good except between the parties until so recorded, and a record after the
time fixed is void. St. 1883, c. 73.

Sect. 17. Debts or claims against a pledgee created by an unauthorized
sale of the collateral are not discharged in insolvency. St. 1885, c. 353.

Sect. 13. Conditional sales of furniture or household goods are regu-
lated. St. 1884, c. 313.

CHAPTER 198.
OF COSTS IN CIVIL ACTIONS.

Sect. 25. Appeals, from taxation of costs b}' the clerk, if during the
term, shall be heard by the justice before adjournment, St. 1882, c. 235.

Sect, 28, The term fees which are allowed to the prevailing party are
limited. St. 1882, c. 264.

CHAPTER 199
OF THE FEES OF CERTAIN OFFICERS.

Sect. 6. The fees of officers for travel to summon witnesses in criminal
cases under twenty miles are raised. The distance is computed from the
most distant place of service to the place of return. When the officer has
not actually travelled the distance, the court mav reduce the amount. St.
1882, c. 215.

Sect. 9. In the service of criminal precepts the officer is allowed fifteen
cents a mile for a horse and carriage if he uses his own, and the sum actu-
all}' expended if he uses those of another, but he must make certificate of
the necessity and the distance and sum paid. St. 1885, c. 254.

Table of Changes. cv

CHAPTER 203.
OF OFFENCES AGAINST PROPERTY.

Making false statements of the distance wliieh the person intends to
travel when hiring a horse, or of the distance actually travelled, or refusing
to pay the hire, is made a crime. St. 1882, c. 236.

Wantonly or recklessly setting fire to any material which causes the de-
struction of growing or standing wood is punished. St. 1882, c. 163.

Sect. 40. Embezzlement by agents, clerks, etc., is made to cover offi-
cers of voluntary associations and societies. St. 1884, c. 174.

Sect. 56 is extended to agents, clei'ks, or servants or officers of persons
and firms and to the omission to make a true entry as well as the making a
false entry. St. 1885, c. 223.

Sect. 79. Detaining, without cause, books, etc., taken from public
libraries, is punished. St. 1883, c. 77.

The mutilation of maps, newspapers, magazines, pamphlets and manu-
scripts, is also punished, and to the libraries is added, "incorporated libi-a-
ries." St. 1883, c. 81.

Sect. 99. A person may, by notice, prohibit shooting or trapping on
his land, and game artificially propagated on such land is his. St. 1884, c.
308.

Sect. 99. Wilful trespass on lands appurtenant to prisons or houses of
correction, disturbance of such institution or communication with the in-
mates, is punished. St. 1885, c. 303.

Sect. 101. Tearing down, removing, or defacing a town meeting war-
rant, list of voters or jurors, or other legal notice, is punished. St. 1883,
c. 156.

Sect. 103. Malicious defacing of milk cans is punished. St. 1885, c.
133.

CHAPTER 207.
OF OFFENCES AGAINST CHASTITY, MORALITY AND GOOD ORDE R

The exhibition of persons deformed is forbidden. St. 1884, c. 99.

Sect. 15. The sale or distribution to minors of papers devoted to
criminal news or reports of crime is forbidden and whoever employs minors
or permits them, if under his control, to be employed in such distribution
is punished. St. 1885, c. 305.

Sect. 26. The maximum fine for drunkenness is increased from one to
five dollars, and the maximum imprisonment for non-payment from ten
days to thirty days. The county commissioners may release persons so
confined. St. 1885, c. 375.

Sect. 27. Male persons convicted of a third off"ence of drunkenness may
be sentenced to the reformatory for not less than one year and not more
than two years. St. 1885, c. 365.

Sect. 28. Keeping anyplace for opium smoking, selling or giving away
opium at such place, or resorting to it to smoke are punished. St. 1885, c.
73.

cvi Public Statutes.

Sects. 29, 42. Rogues, vagabonds, vagrants and others named in these
sections, may be sent to the state workhouse as tramps now are under
section 38. St. 1884, c. 258.

Male persons committing the offences named in these sections may be
sentenced to the reformatory for not less than one year and not more than
two years. St. 1885, c. 365, § 1.

Sect. 34. Persons disorderly or indecent in speech or behavior on pub-
lic conve3"ances are punished. St. 1883, c. 102.

The wilful disturbance of persons in a public library or reading-room is
punished. St. 1885, c. 225.

Sect. 69. This section is repealed and a substitute enacted extending
the provisions against discrimination in public places on account of race or
color. St. 1885, c. 316.

CHAPTER 208.
OF OFFENCES AGAINST PUBLIC HEALTH.

The making or selling of any drug or article of food which is adulterated
is punished. Adulteration is defined. Such compounds as are recognized
as ordinary articles of food or drink are exempt if so marked. Provision
is made for analyzing samples. St. 1882, c. 263 ; St. 1884, c. 289.

The state board may expend annuall}'^ in enforcing the laws against adul-
terations not exceeding ten thousand dollars of which three-fifths must be
for enforcing the laws against adulterations of milk. They must report the
prosecutions and an itemized account of the expenditure. St. 1884, c. 289,
§ 1.

CHAPTER 209.

OF OFFENCES AGAINST PUBLIC POLICY.

Property shall not be sold or exchanged by inducement of any gift. St.
1884, c. 277.

CHAPTER 212.

OF SEARCH WARRANTS, REWARDS, ARRESTS, EXAMINATION, COM-
MITMENT, BAIL AND PROBATION.

Children under twelve, not accused of offences punishable by imprisonment
for life nor truants, are not to be arrested until they neglect to appear on
summons, nor to be committed in default of bail, nor on sentence. St. 1882,
c. 127.

Sect. 2. Warrants ma}' also issue to search for pool tickets or other
materials unlawfully made, provided or procured for the purpose of buying
or selling pools. St. 1885, c. 342, § 2.

Sects. 2, 9, Gaming apparatus seized under § 2, cl. 7 is to be sold or
disposed of under § 9. St. 1885, c. G6.

Table of Changes. cvii

Sect. 26. The court or justice, on adjourning a trial or examination
where the offence is punishable with death or imprisonment for life, may
bind over the government witnesses according to section 37 to 41 of this
chapter ; the fee is twenty cents. St. 1885, c. 136.

Where a trial justice adjourns an examination or trial and then fails to
appear, another justice may complete the proceedings. The records are to
be made up by the justice rendering the final decision. St. 1883, e. 175.

Sect. 51. The latter clause of this section, forbidding justices outside
Suffolk from receiving compensation for taking bail, is repealed. St. 1885,
c. 135.

Sect. 68. The person ordered to recognize may deposit the money with
any officer authorized to take his recognizance, instead of being restricted
to the magistrate or clerk of the court ordering it. St. 1882, c. 134.

Sect. 78. Two additional probation officers may be appointed in Bos-
ton. The requirement that the officers be appointed in May is struck out.
St. 1882, c. 125.

CHAPTER 213.

OF INDICTMENTS, PROSECUTIONS AND PROCEEDINGS BEFORE

TRIAL.

Sect. 17 is extended to cover prosecutions under rules of the civil
service commissioners, of boards of health, and of boards of police or fire
commissioners. St. 1885, c. 144.

CHAPTER 214.

OF TRIALS AND PROCEEDINGS BEFORE JUDGMENT.

Sect. 1. A list of criminal cases for trial is made compulsor3', instead
of discretionary with the court. St. 1884, c. 193.

CHAPTER 215.
OF JUDGMENT AND EXECUTION.

Convicts punishable by imprisonment in the house of correction may be
sent to jail instead, and those undergoing sentence maj' be removed from
one to the other. St. 1882, c. 241.

Sentences to imprisonment for successive terms are allowed. St. 1884,
c. 265.

Sect. 18. No child under twelve can be imprisoned except on charges
punishable by imprisonment for life or for truancy, but must be committed
to the custody of the State board of health. St. 1882, c. 127.

cviii Public Statutes.

CHAPTER 218.

OF FUGITIVES FROM JUSTICE AND PARDONS.

Sect. 14. Where the condition of a pardon is broken and the convict is
remanded to serve out the residue of his sentence, if he is then serving
another sentence, his confinement is to begin from the expiration of that.
St. 1882, c. 197.

CHAPTER 219.
OF THE COMMISSIONERS OF PRISONS.

The commissioners may transfer prisoners, except those confined for
capital crimes, to hospitals for surgical treatment. The time of their
sentence runs while there. St. 1882, c. 207.

Sect. 4. They may remove prisoners from jails to houses of correction,
and vice versa, St. 1882, c. 241.

Sect. 6. Vagrants or tramps may also be removed to the state work-
house under this section. St. 1885, c. 3.5, § 1.

Sect. 17. The number of prisoners who may be emploj'ed in certain
occupations is limited. St. 1883, c. 217.

Sect. 34. The heads of police and others maldng arrests are required
to make monthly reports. St. 1882, c. 226, § 2.

Sects. 34, 35. The blanks for the returns of criminal business made by
clerks of courts and other officers, under these sections, are furnished
by the commissioners of prisons, who prescribe the form. St. 1882, c. 226,
§ 1.

Sect. 3G, prescribing the form, is repealed. St. 1882, c. 226, § 3.

Sect. 39. The sum allowed for clerical assistance of the commissioners
is increased from seven hundred dollars to seventeen hundred dollars. St.
1885, c. 52.

CHAPTER 220.
OF JAILS AND HOUSES OF CORRECTION.

Sect. 2. The sheriff maj'' remove prisoners at his discretion between
jails and houses of correction. St. 1882, c. 241, § 2.

Sect. 40. The number of prisoners who mscy be emploj'ed in certain
trades is limited. St. 1883, c. 217.

Sect. 49. Clerical error corrected. St. 1882, c. 6, § 4.

Sect. 50. Escapes from officers who have taken prisoners out to per-
form labor on any public land, are made escapes from prison and punished.
St. 1882, c. 198.

Sects. 66, 68. All the provisions as to persons released under section
68 are applied to section 66. St. 1884, c. 152, § 4.

Sect. 68. Any violation of permits to be at liberty issued to a prisoner,
of itself renders them void, and an oriler of arrest and recommitment may
issue. The time during which he has been at liberlj' shall not be taken to
be any part of the term of his sentence. St. 1884, c. 152, §§ 1, 2.

Table of Changes. cix

CHAPTER 221.
OF THE STATE PRISON AND REFORMATORY PRISON FOR WOMEN.

A reformatory for men is established. St. 1884, cc. 255, 331.

The prison commissioners may remove any person held under sentence at
the state workhouse to the Massachusetts Reformatory. The provisions of
St. 1884, c. 255, apply to such removal. St. 1885, c. 35, § 2.

Trial justices ma}' sentence to the reformatory prison. St. 1885, c. 356.

Persons convicted of drunkenness and vagrancy under chapter 207,
sections 27, 29, 42, ma}' be sent to the reformatory prison. St. 1885, c. 365.

Sect. 1. The state prison is removed from Concord to Boston. St.
1884, c. 255, § 1.

Sect. 6. The number of officers at the state prison is changed ; the
turnkeys are reduced from eleven to four ; the watchmen increased from
ten to twenty-three ; the assistant watchmen shall not exceed twenty-three,
instead of fifteen, and no additional watchmen can be employed. St. 1882,
c. 203, § 1.

Sect. 8. The commissioners have no longer any share in the removal of
the warden. St. 1882, c. 203, § 2.

Sect. 11. The compensation of officers, except the warden, chaplain
and physician, is fixed by the warden, subject to the approval of the com-
missioners, but it may not exceed the maximum stated. St. 1882, c. 203,
§ § 3, 4; St. 1884, c. 95.

Sect. 43. A burial place for the reformatory prison at Sherborn may be
purchased. St. 1882, c. 213.

Prisoners may be employed on laud appurtenant to the prison. Escapes
or attempts to escape from the prison or the land adjacent to the prison,
are punished, and the first district court of Southern Middlesex is given
concurrent jurisdiction of such offence. St. 1885, c. 94.

Sects. 43-53. The duties o£ schoolmistress at the reformatory prison
for women are transferred to the chaplain and the office is abolished.
St. 1884, c. 43, § § 1, 2.

Sect. 44. The office of treasurer and steward at the reformatory prison
is abolished. St. 1883, c. 267.

Sect. 47. The salary of the deputy superintendent of the reformatory
prison for women, now $600, is to be fixed by the commissioners of prisons,
but it shall not exceed $800. St. 1884, c. 43, § 2.

Sect. 52. Any violation of a permit to be at liberty issued to a prisoner,
of itself renders it void, and an order of arrest and recommitment may
issue, and the time during which he has been at liberty shall not be taken
to be any part of the time of his sentence. St. 1884, c. 152, § § 1, 2.

CHAPTER 222.

SPECIAL PROVISIONS CONCERNING PENAL AND OTHER PUBLIC

INSTITUTIONS.

Sect. 10. Any prisoner confined in the Massachusetts Reformatory who
becomes insane, may be removed to one of the state lunatic hospitals, and
on his recovery recommitted to the reformatory. St. 1885, Ci 320.

ex Public Statutes.

Sect. 17. Where a poor convict has been confined three months for
non-payment of fine or costs, if there is no police or district court in tlie
count}^ the jailer shall make a report thereof to a trial justice, who has
authority to hear the matter and discharge him. St. 1882, c. 201.

Sect. 20. Any violation of a permit to be at liberty issued to a prisoner,
of itself renders it void, and an order of arrest and recommitment may
issue and the time during which he has been at liberty shall not be taken
to be any part of the time of his sentence. St. 1884, c. 152. § 3.

Sect. 21. Recommitments are hereafter made by the board granting the
permit to be at liberty, but warrants already issued may be served and the
proceedings under them be completed according to the existing law. If
the person is in prison, the order of remand takes effect from the expiration
of his pending sentence. St. 1884, c. 152, § 3.

A TABLE SHOWING THE SUBJECTS OF LEGISLATION SINCE

THE PUBLIC STATUTES, WITH REFEEENCE TO THE

CHAPTERS OF THE PUBLIC STATUTES.

ABSENT DEFENDANTS.

notice where real estate is attached c. 164

ACCOUNTS.

of assignees to be sworn to . . . c. 157

ADMINISTRATORS.

appointment without notice . . . c. 130

bond without sureties c. 130

after twenty years c. 130

public funds received from, how
claimed c. 131

ADULTERATION.

of butter c. 56

of food and drugs, analys-is . cc. 58, 208

of milk c. 57

of vinegar c. 60

powers of inspector c. 58

report of state board . . . cc. 58, 208

ADVANCES.

to state otticers for small expenses c. 16

AGRICULTURE, BOARD OF.

allowance for clerks c. 20

salary for secretary c. 20

AGRICULTURE.

experiment station c. 20

ALMSHOUSE.

persons leaving and begging punished

c. 87

transfer of inmates c. 86

trustees c. 86

ALMSHOUSE, STATE.

superintendent and resident physician

c. 86

ANIMALS.

See Contagious Diseases ; Deek.

ANNUAL FINANCIAL ESTIMATES.

c. 16
APOTHECARY.

See Pharmacy.
APPEALS.

costs on frivolous c. 150

from orders of boards of health . c. 80

APPORTIONMENT.

of taxes.

See Taxes.
ARRESTS.

of children c. 212

return of c. 219

ASSAYER OP LIQUORS.

duties c. 100

ASSESSMENT.

of voters c. 6

See Taxes.
for betterments, notice of . . . . c. 51
ASSESSORS.

compensation of.

See Masters in Chancery.

ASSESSORS OF TAXES.

oath of c. 27

over or under valuation punished . c. 27
to return cattle and swine . . . . c. ll
when returns and copies of valuation
books are to be deposited . . c. 11
See Towns and Town Officers.
ASYLUMS.

for chronic insane c. 87

ATTACHMENT.

benefits in assessment insurance coni-
panies exempt c. 119

ATTORNEYS AT LAW.

women may be c. 159

women who are, may be authorized to

administer oaths, etc. . . . c. 159
cannot be judge in suit which has
been before him c. 159

AUDITOR.

report when submitted and abstract c. 16
salary c. 16

BAIL.

discharge of e. 163

fees for taking c. 212

money for ." c. 212

BALLOTS.

detached stickers c. 7

recount of, candidates may be present c. 7

registering c. 7

BARBED WIRE FENCES.

against sidewalks forbiuUeii . . . c. 54
BASTARD.

descent of lands of c. 125

BASTARDY.

complaint to whom, and warrant by

whom c. 85

BATHING.

in ponds used for water supply for-
bidden .' . c. 80

BENEFICIARY ASSOCIATIONS.
by railroad and steaujboat employees.

c. 115
general provisions c. 115

CXll

Subjects of New Legislation, 1885.

BETTERMENTS.

may be assuiued for a release of land

damages c. .^1

interest on, liens for c. 51

notice of assessment c. 51

railroad crossings c. 112

BIRDS.

English sparrows may be taken or
killed c. 92

BIRTHS.

returns of by physicians and mid-
wives c. 32

BLUE BOOK.

number lo be printed c. 4

BOARD OP AGRICULTURE.

allowance lor clerks c. 20

BOARD OF EDUCATION.

salary of clerks c. 41

to supervise Perkins Institution, etc. c. 41

BOARDING AND LODGING HOUSES,
procurnig entertainment fraudulently

c. 102
keepers to post notices of laws as to
fraud c. 102

BONDS.

examination of c. 21

BONDS AND NOTES.

probate, foreign fidelity insurance
companies may be sureties . . c. 143
See Railroads.

BRIDGES.

fast driving over c. 53

BUILDINGS.

inspection of cc. 103, 104

inspection of elevators and hatchways

c. 104
inspection of, watchmen, fire escapes,

etc c. 104

unsafe elevators to be placarded . c. 104
Avooden flues forbidden . . . . c. 104

BUREAU OF STATISTICS OF
LABOR.

clerks c. 32

" of labor " added c. 4

BURIAL PLACES.

funds for, received by cities or towns

c. 82

BURIAL.

permits to bury or remove bodies . c. 32

BURIAL LOT.

of husband, rights of widow and chil-
dren in cc. 82, 144

BUTTER.

adulterated, how marked .... c. 56

false marks punished c. 56

inspectors' power c. 56

See Cheese.

CARRIAGES.

regulation of c. 28

refusing to pay for c. 203

CATTLE COMMISSIONERS.

tenure of oflftce c. 90

to investigate abortion among cattle c. 90

may administer oaths c. 90

CEMETERIES.

closing c. 82

CEMETERIES — CbM^JHuerf.

records of titles of lots ... c. 82
rights of widow and children . . c. 82

taking for railroads e. 112

See Burial Places.

CENSUS.

provided for c. 31

returns of inhabitants and voters for
new wards c. 28

CHARITABLE ASSOCIATIONS.

lists of property exempt from taxation

cc. 11, 13

CHECK LIST.

correction of c. 6

how long kept c. 7

CHECKS.

payable after drawer's death . . c. 77

CHEESE AND BUTTER.

false marks punished c. 56

powers of inspectors c. 56

what brands necessary c. 56

CHILDREN.

abandonment c. 48

boys over fifteen not to go to reform

school c. 89

deserted and neglected, officer to be

detailed c. 79

care and education of neglected . c. 48

imprisonment cc. 212, 215

indigent and neglected c. 84

employment of c. 48

enticing from school punished . . c. 48
not to be furnished with firearms or

dangerous weapons . . . . c. 102
neglect to support punished . . . c. 48

pauper and neglected c. 86

receiving infants to board . . . c. 80
See Bastards ; Lyman School for Boys ;
Neglected Children.

CHRISTMAS.

next day holiday when on Sunday

cc. 2, 160
CHURCHES,

trustees of c. 39

CITIES.

debt limited c. 29

notice of election to officers . . . c. 28

veto of separate items c 28

See Towns.

CIVIL SERVICE.

regulated Title vii.

CLERKS.

assistant, of senate and house, given

certain documents c. 4

assistant, of senate and house, salary c. 2
of senate and house, salary increased c. 2
of towns and cities to keep indexes c. 37

COAL.

baskets and measures c. 60

See Sales.

COLOR BLINDNESS.

See Railroads.

COMMISSIONERS OF PRISONS.

clerical assistance c. 219

COMMISSIONER OF WRECKS.

bond and powers c. 97

Subjects of New Legislatioint, 1885.

CXlll

COMMISSIONER OP STATE AID.
salary c. 30

COMMISSIONERS.

betbre whom sworn c. 18

COMMON CARRIERS.

not to transport certain bodies . . c. 32

COMMON LANDING PLACE.

location ot c. 49

COMMON VICTUALLER.

time of closing c. 100

COMMONWEALTH BUILDING.

care of c. 5

COMMONWEALTH.

funds, how invested c. 15

COMPLAINTS.

form of c. 213

COMPOSITION.

with creditors in insolvency . . . c. lo7

CONDITIONAL SALES.

of furniture or household goods . C. 192
CONGRESSIONAL DISTRICTS.

established c. 9

CONNECTICUT RIVER.

log driving on c. 94

CONTAGIOUS DISEASES.

to be reported c. 80

children sick with, not to attend

school c. 47

among animals c. 90

notice of, must be given .... c. 90

CONVICTS.

discharge on condition ; permit to be

at large c. 220

revocation of permit and remand . c. 222
permit void for violation of condition

cc. 220, 221, 222
successive sentences c. 215

CO-OPERATIVE ASSOCIATIONS. ,
general provisions c. 117

CO-OPERATIVE LOAN AND FUND
ASSOCIATIONS,
name changed to cooperative banks

cc. 13, 117
regulated c. 117

CORPORATIONS.

alteration of business c. 106

for cremating the dead c. 106

for guaranteeing titles c. 106

for making gas for fuel . . . . c. 106
insolvent, unclaimed money in cc. 116,119
record of transfer of stock . . . c. 105
taxation of foreign mining, quarrying

and oil companies c. 13

time for appointment of receivers . c. 105
to return acceptance of acts . . . c. 105

COSTS.

appeals from taxation of . . . . c. 198
on appeals for abatement of taxes . c. 11
on removal of equity suits to the

supreme court c. 152

term fees limited c. 198

when trustee is sued by defendant c. 183

COUNTY COMMISSIONERS.

power to act at special meetings . c. 22
to regulate travel over county bridges c. 53
salaries c 22

COUNTIES.

salaries c. 23

CRANBERRIES.

standard measure c. 60

CREMATION.

authorized and regulated .... c. 82
CRIME.

blank returns of c. 219

CRIMINAL INSANE.

support of cc. 213, 214

CROSSINGS.

appeal from orders as to, taken away c. 112

automatic signals at railroad . . c. 112

gates and flagmen at railroad . . c. 112

regulation of street c. 112

DAMAGES FOR LAND TAKEN.

See BETTERMliNTS.

DAMAGES, HIGHWAY.

where separate or contingent estates

c. 49

DANGEROUS WEAPONS.

not to be furnished to children . . c. 102

DEBT.

See Municipal Indebtedness.

DEBTOR.

reaching property in equity . . . c. 151

DEFORMED PERSONS.

exhibition of prohibited . . . . c. 207

DEER.

protection of c. 92

DEGREES.

See Medical Societies.

DEPOSITIONS.

taking of c. 169

to perpetuate testimony . . . . c. 169

DESCENT.

of lands of bastard c. 125

DISCRIMINATION.

on account of color . . . . . . c. 207

DISORDERLY PERSONS.

on public conveyances c. 103

DISTRIBUTION.

of personal estate of married women

c. 135

DISTRICT ATTORNEY.

assistants c. 17

salaries raised c. 17

DISTRICT COURTS.

See Police Courts.

DISTRICT POLICE.

detailed to assist board of health . c 80
inspection of buildings by . cc. 103, 104
need not be examined by judge . c. 103

number increased c. 103

railroad and steamboat police . . c. 103

DIVORCE.

absence raising the presumption of

death c. 146

form of decrees c. 146

statistics c. 146

DOG LICENSES.

age of dog c. 102

transfer c. 102

DOORS.

of factory not to be listened . . c. 104

cxiv Subjects of New Legislation, 18S5.

DOORKEEPERS OP SENATE AND
HOUSE.

luiniher and pay c. 2

DRAFTS.

payable after drawer's death . . c. 77

DRUGGISTS.

See Pharmacy.

DRUGS.

adulteratioTi cc. 58, 208

DRUNKENNESS.

punishment c. 207

ELECTIONS.

certiticatcs of when transmitted . c. 8
correcting and publishing returns . c. 7

in towns" c. 7

laws revised c. 7

notice of c. 28

terms of court falling on ... . c. 156

See Ballots ; Towns and Town Officers.

ELECTION SERMON.

law repealed c. 2

ELECTRIC LIGHTS.

wnes regulated c. 109

See Telegraph.

ELEVATORS.

inspection of c. 104

unsafe to be placarded c. 104

EMBEZZLEMENT.

otHcers of voluntary societies . . c. 203
extended c. 203

EMPLOYMENT.

of minors and women . . . . . c. 74
of prisoners c. 221

See Children.

ENTERTAINMENT.

Iraudulenily procuring . . , . . c. 102
EQUITY PLEADING.

precedents c. 151

EQUITY.

reaching property of debtor . . . e. 151

of partner c. 151

return day of process c. 152

venue of suits c. 161

See Superior Court; Supreme Judicial
Court.

ESCAPE.

of prisoner laboring outside . cc. 220, 22^
EXAMINATION.

of bonds c. 21

See Tkial.

EXCEPTIONS.

establishing, where judge is dead, etc.

c. 153

EXECUTION SALES.

suspending by order of court . . c. 172
when another officer may act . . c. 171

EXECUTIVE CLERK.

salary c. 15

EXECUTIVE MESSENGER.

salary . c. 15

EXECUTOR.

expenses in proving will . . . . c. 130

EXPLOSIVE COMPOUNDS.

notice ot place of storage . . . . c. 102
regulations of use c. 102

EVENING SCHOOLS.

See Schools, Evening.

FACTORIES.

doors not to be fa.stened . . . . c. 104
inspection of c. 103

FARES.

See Railroads.

FEES.

at inquests c. 26

for service of criminal precepts. . c. 199
for summoning witnesses . . . . c. 199

FEEBLE-MINDED, SCHOOL FOR.
notice of applications for admission

c. 87

FENCES.

barbed wire regulated c. 54

FERTILIZERS, COMMERCIAL.

licenses to sell c. 60

FINANCIAL ESTIMATES.

to whom made c. 16

FIRE.

in woodlands punished . . . . c. 203

FIREARMS.

not to be sold to children . . . . c. 102

FIRE ESCAPES.

required cc. 103, 104

FISH AND GAME.

prote.ction of c. 91

alewives c. 91

leases abolished c 91

lobsters c. 91

nets in ponds c. 91

open time for certain extended . . c. 91

oyster licenses c. 91

scallops c. 91

seines c. 91

taking from seines, etc., punished . c. 91

FISH COMMISSIONERS.

power of c. 91

FOOD.

adulteration of cc. 58, 208

FOREIGN CORPORATIONS.

agents to receive service to be ap-
pointed c. 105

returns c. 105

taxation c. 13

FORESTS.

causing destruction of by fire . . c. 203
cultivation of by cities and towns . c. 27

FRAUD.

by hirer of horse or carriage . . c. 203

GAME.

artiticially propagated c. 92

owner may prohibit shooting or trap-
ping c. 203

wild duck and fowl protected . . c. 92
See Fish and Game.

GAMING.

apparatus, bow sold c. 212

persons present punished .... c. 99

pool-selling forbidden c. 99

GAS. '

commissioners to be appointed . . c 61
no inspection where for fuel . . . c. CI

manufacture for fuel c. 106

digging up streets for, forbidden . c. 106

Subjects op 'N'ew Legislation^, 1885. cxv

GENERAL COURT.

pay of ineniUers c. 2

GIFT.

sale or excliange of property not to be
induced hy . . . . " . . . c. 209

GOVERNOR.

salary c. 15

of clerk and messenger . . . . c. 15

GRAND ARMY.

may use state camp ground ... c. 14

public buildings may be leased to . c. 27

state aid may be entrusted to . . c. 30

GREAT SEAL. OF THE COMMON-
WEALTH.

established c. la

GUARDIAN.

iJoston children's friend society may
be c. 139

GUNPOWDER.

notice of place of storage to be given c. 102

GUARANTY INSURANCE.

provided for c. 119

HABEAS CORPUS.

error in c. 18o, ^ IS, corrected . . c. 185

HABITUAL DRUNKARDS.

may be conunitied to asylum . . c. 87

HAND TOOLS.

instruction in the use of . . . .« c. 44

HARBOR COMMISSIONERS.

to have charge of Connecticut Kiver c. 19

HARBORS.

assistant harbor masters .... c. 69

lines in East Boston c. 19

lines in Gloucester c. 19

obstructions in tide water . . . c. 97

powers of masters c. 69

preservation of c. 69

regulations in Gloucester .... c. 19

HAWKERS AND PEDLERS.

cities may regulate certain sales . c. 68
person over seventy to have free li-
cense c. 68

HEALTH, BOARD OF.

appeals e. 80

care of illeginiate infants .... c. 48
care of indigent and neglected chil-
dren cc. 48, 86

custodyof juvenile offenders cc. 15o, 212
inspection of food and drugs . . c 208
local, to enforce as to sale of poultry

c. 58
local, to notify state board of small-
pox c. 80

officer to be detailed to assist . . c. 80
vacancies, how tilled c. 80

HEARINGS.

of committees, advertising . . . c. 16

HIGHWAYS.

crossings with railroads . . . . c. 112
damages for electric wires . . . c. 109
digging up for gas-pipes . . . . c. 106

notice of injury c. 52

removal of trees in c. 52

taking for railroads c. 112

HOLIDAY.

See Pkobate Court.

HOMCEOPATHIC INSANE ASYLUM.

authorized c. »/"

HORTICULTURAL SOCIETIES.

property exempt from taxation . c. 11

HOTELS.

family, watchmen, etc., required . c. 101

liability limited c. lo2

See Buildings.

HOUSE OF REPRESENTATIVES.

pay of members c. 2

salaiy of clerks and assistant clerk c. 2

HUSBAND AND WIFE.

convejances to jointly c. 126

right m wife's property . . . . c. 124

transfers of property between . . c. 147

when cut off by wife's will . . . c. 147

INDEBTEDNESS.

See Municipal Indebtedxess.

INN.

fraudulently procuring entertainment

c. 102

INNHOLDERS.

liability limited c. 102

INDEXES.

to general statutes c. 4

INQUESTS.

fees of witnesses, officers, examiners
and justices c. 26

INSANE.

asylums for chronic c. 87

may be boarded in families . . . c. 87
removal of criminal insane . . . c. 222
support of criminal insane ... c. 87
discliarge or temporary release . . c. 87

INSANE ASYLUMS.

homoeopatluc c. 87

habitual drunliards committed to . c. 87

INSOLVENCY.

accounts of assignees to be sworn to c. 157
claims for conversion of pledge not to
be discharged . . . . cc. 157, 192
• composition with creditors . . . c. 157
equitable liabilities provable . . . c. lo7
execution where delay or failure to

get discharge cc. 157, 171

unclaimed dividends c. 157

INSPECTION.

of oil c. 59

INSPECTORS.

of butter, cheese and milk . cc. 56, 57
of factories and public buildings.
See DisTKicT Police.

of liquor, salary c. 100

of vinegar, salary c. 60

INSURANCE COMPANIES.

against tempests on land . . . . c. 119

benefits not attachable c. 119

blanks for returns to be furnished . c. 119

classitication of directors . . . . c. 119

computation of reinsurance . . . c. 119

delivery of deposits to trustees . . c. 119

discrimination on account of C(jlor c. 119

examination of c. 119

false statements by agents punished c. 119

fee for valuing life policies . . . c. 119
foreign ; form of securities and how

changed c. 119

cxvi Subjects of Kew Legislation, 1885.

INSURANCE COMPANIES - Continued.
guaranty iusumnce provided for . c. 119
insolvent; unclaimed money . . c. 119

investments c. 119

licenses to insure in companies not

admitted c. 119

life and casualty insurance on the as-
sessment plan c. 115

marine companies ; when may take

fire risks c. 119

minimum capital c. 119

mutual fire with subscription fund c. 119
receivers to deposit books . . . c. 119
reinsurance forbidden in companies

not admitted c. 119

reinsurance regulated c. 119

returns of foreign business . . . c. 119
return of securities deposited by for-
eign companies c. 119

risks limited in districts . . . . c. 119
time of filing annual return . . . c. 119
trust created by deposit how en-
forced c. 119

INTOXICATING LIQUORS.

See LiuuoKS, Intoxicating.

INTEREST.

on betterments c. 51

JUDGE.

cannot afterwards be counsel . . c. 159

JUDGES OP PROBATE.

salaries c. 158

JURISDICTION.

of superior court in equity.

See SuPERioii Court.

JUSTICES OP THE PEACE.

warrants by c. 155

power to summon witnesses . cc. 155, 169

JUVENILE OPPENDERS.

trial of c. 89

LABOR.

doors of buildings not to be fastened

c. 104
hours of cc. 48, 74

LANDING PLACES.

common, iuL-aiion of c. 49

LAW LIBRARIES.

aid to c. 40

LEGISLATIVE MANUAL.

distrihutiuii of c. 4

LEGACIES,
to unknown persons, how disposed of c. 144

LEGAL NOTICES.

where pulillshed c. 3

LEGISLATURE.

notice ot petitions to c. 2

notice of hearings before committees c. 16

LIBRARIES.

detention of books c. 203

disturbances in punished . . . . c. 207

injury to property of c. 203

LICENSE, LIQUOR.

coiKlition utldcd to c. 100

LICENSES.

for intciliircncc offices, Junkdcalers,
pawnbrokers, etc c. 102

LICENSES —Continued.

transfer of dog c. 102

See Hawkeks AND Pedleks; Fei^tilizers;
Intoxicating Liquors.

LIEN.

for betterments, how long to continue

c. 51

LIMITATION OP ACTIONS.

in favor of mortgagee c. 176

LIQUOR, INTOXICATING.

condition added to license . . . c. 100
common victuallers, when to close c. 100
disposition of cases regulated . . c 100

forbidding sales c. 100

how analyzed c. 100

notice of application for license . c. 100

near school-houses c. 100

none to be sold or given on election

day c. 100

not to be sold to persons supported by

charity c. 100

recount of ballots c. 100

screen law c. 100

signing licenses in Boston . . . c. 100

time of selling limited c. 100

time for applications for licenses . c. 100
See Search Warrants.

LITERARY INSTITUTIONS.

lists of expmpt property required . c. 11

LOBSTERS.

preservation of c. 91

unlawful taking from traps, etc. . c. 91
See Fish.

LOCOMOTIVE BOILERS.

to be tested c. 112

LODGING HOUSES.

See Boarding Houses; Buildings.

LOGS.

on Connecticut river c. 94

LORD'S DAY.

not defence to actions of tort to the
person c. 98

LUNATIC HOSPITALS, STATE.

female physician at c. 87

habitual drunkards mav be committed

to " c. 87

homoeopathic c. 87

number and sex of trustees . . . c. 87

LYMAN SCHOOL FOR BOYS.

age at which may be committed . c. 89

established . . " c 89

more land may be purchased for . c. 89
place of temporary detention pro-
vided c. 89

MALICIOUS MISCHIEF.

defacing notice or paper posted by

law c. 203

to milk cans, c. 203

MANUFACTUR ERS.

right to ring bells, etc c. 74

MARRIED WOMAN.

deed or devise by c. 147

in husband's estate where no kin-
dred c. 135

neglect to support punished . . . c. 48
personal estate how distributed . c. 135

Subjects of I^ew Legislation, 1885. cxvii

MARRIED WOMAN —Cotitinued.

rights in burial lut . . . . cc. 82, 144
will where living apart . . . . c. 147
See IIisKAXD AND Wife.

MASTERS IN CHANCERY.

couipensatiun c. 159

MAYOR.

right to vote c. 28

veto c. 28

MAYOR AND ALDERMEN.

how construed cc. 3, 28

MEASURES.

See Weights axd Measures.

MEDICAL EXAMINERS.

new district in franklin .... c. 26
fees and reports c. 26

MEDICAL SOCIETIES.

degrees hy regulated c. 115

MEMORIAL DAY.

veterans may parade with arms . c. 14

MESSENGERS.

of senate and house, number and

pay c. 2

MILK.

acts not affected by subsequent legis-
lation c. 57

adulteration of.

See Adulteeatiox.

analysis regulated c. 57

cans, how marked c. 57

cans, malicious injury to . . . . c. 203

defacing cans punished .... c. 57

jurisdiction of complaint .... c. 57

MILITIA.

ambulance corps c. 14

armories, rent of c. 14

bands increased c. 14

companies and battalion .... c. 14
discharge of officer by failure to pass

examination c. 14

examination of medical officers . c. 14

fines may be collected by suit . . c. 14

grounds of discharge c. 14

heavy artillery c. 14

pay of c. 14

pay for care of property .... c. 14

parade with arms c. 14

recruiting officer c. 14

reports of inspector-general, . . c. 14

return of property c. 14

signal corps, horses for . . . . c. 14

time of encampment c. 14

time of parade for drill .... c. 14

MINING COMPANIES.

taxation of c. 13

MINING, QUARRYING, AND OIL
COMPANIES.

taxation of foreign c. 13

MINORS.

employment of c. 74

neglect to support c. 48

papers devoted to criminal news may

not be sold to c. 207

See Ten Hour Law.
MONUMENTS.

or headstones for soldiers . . . c. 27

MORTGAGES.

recording of chattel c. 192

of real estate, how barred by posses-
sion c. 176

sale, how advertised c. 181

taxation of c. 1 1

MUNICIPAL COURTS.

additional clerks c. 1.54

additional sessions c. 134

Boston, additional justice . . . c. 154
clerks may use fac-simile of signa-
ture ." c. 1.59

East Boston district c. 154

exchange of justices c. 154

See Police Courts; Towxs.

MUNICIPAL INDEBTEDNESS.

limited c. 29

net indebtedness defined .... c. 29
proportionate payments instead of

sinking fund c. 29

return of sinking funds .... c. 11

MUTUAL AID ASSOCIATIONS.

See Bexeficiary Associatioxs.

NAMES.

changed, a list to be published . . c. 148
in tax bills corrected c. 6

NATURALIZATION LAWS.

revised c. 160

NEGLECTING OP CHILDREN OR
WIFE.

punished c. 48

disposition of fine c. 48

NEWSPAPERS.

defined c. 3

NOTES AND BONDS.

of railroads c. 112

NOTICES, LEGAL.

of petitions to the legislature . . c. 2
tearing down or defacing . . . . c. 203
where published c. 3

OFFICERS.

fees for summoning witnesses . . c. 199

returns of arrests c. 219

with sheriff''s jury, pay c. 49

with superior court in Suffolk, pay c. 159
with supreme court, pay . . . . c. 159
fees.

See Inquests.

OIL.

See Petroleum.

OPIUM SMOKING.

keeping place for, forbidden . . . c. 207

ORNITHOLOGY.

taking birds for c. 92

OVERSEERS OF THE POOR.

See Towns.
OYSTERS.

licenses to take c. 91

PAGES.

of senate and house, number and
pay c. 2

PARDON.

imprisonment after condition bro-
ken c. 218

PARKS.

laying ont by cities and towns . . c. 49
taking for railroads c. 112

cxviii Subjects of ]S'ew Legislation, 1885.

PARTITION.

partial division by probate court . c. 178

notice c. 178

upon wliom binding c. 178

removal of petition c. 178

PARTNER.

reach in ^^ property of, in equity . . c. 151

PAUPERS.

]ial)le for their own support . . . c. 84

support of sick c. 86

See Children.

PAWNBROKERS.

include persons lendintr on pledge . c. 102
sale of personal apparel . . . . c. 102

PEDLERS.

See Haavkers and Pedlers.

PETITIONS TO THE LEGISLATURE.
notice of c. 2

PETROLEUM.

inspection c. 102

selling without a license .... c. 59

standard established c. 59

unsafe punished c. 59

PHARMACY.

regulated c. 67a

PHYSICIANS.

to make returns of births . . . . c. 37

PHYSIOLOGY AND HYGIENE.

to be taught c. 44

PICNIC GROVES.

to be licensed c. 102

PILOTS.

additional c. 70

when other than regular pilots can

act c. 70

PILOTAGE.

regulated and laws revised . . . c. 70
PLEDGEE.

not discharged in insolvency for con-
verting pledges . . . . cc. 157, 192
POLICE.

railroad and steamboat . . . . c. 103
See District Police.

POLICE COMMISSIONERS.

may require attendance of wit-
nesses c. 169

POLICE OR DISTRICT COURTS.
adjournment when justice aljsent . c. 154

bonds on appeal c. 154

clerkships abolished c. 154

clerkships established c. 154

established and changed . . . . c. 154

jurisdiction extended c. 154

justices may interchange . . . . c. 154

officers and salaries . ' c. l-')4

sessions c. 154

travelling expenses allowed . . . c. 154
writs ma}- run into other counties . c. 154

POLLING PLACES.

at special elections c. 7

POLLS AND ESTATES.

established for decade c. 11

POLLUTION.

of water supply restrained ... c. 80

POOL SELLING.

forbidden c. 99

warrant to search for tickets . . c. 212

POULTRY.

to be dressed c. .58

POUND STERLING.

exchangeable value c. 16

PONDS.

bathing in where used for water

supply c. 80

fishing in c. 91

POOR CONVICTS.

discharge of c. 222

PRACTICE.

appearing as counsel after sitting as

judge c. 159

as to writs and return davs re-
vised cc. 161, 164, 167

copies of books and records of sav-
ings banks evidence . . . . c. 169
day of trial may be agreed . . . c. 167

discharge of bail c. 163

notice to non-resident where property

attached c. 164

return day of process in equity . c. 152
return days abolished . cc. 161, 164, 167
trial list, criminal, in superior court c. 214

PRISONS.

discharge of poor convicts . . . c. 222
escape of prisoners at work outside c. 220
removal of prisoners to hospitals . c. 219
transfer of prisoners .... cc. 210

PRISONERS.

charges for insane . . . . cc. 213, 214

employment of c. 221

transfer of c. 210

PROBATE COURTS.

allowance for clerical assistance . c. 158
bonds, foreign fidelity insurance com-
panies may be sureties . . . c. 143
constable for, in Suffolk . . . . c. 156
expense of recording in Suffolk . c. 156
expenses may be allowed . . . c. 156

officers, salaries c. 158

sessions in Hampden c. 156

terms falling on holiday or election
day c. 156

PROBATION OFFICERS.

in Boston c. 212

PUBLIC DOCUMENTS.

distribution of c. 4

PUBLIC DOMAIN.

set apart for forest trees .... c. 27

PUBLIC GROUNDS.

improvement of . /" c. 49

PUBLIC PROPERTY.

accounts of sales of c. 16

PUBLIC WAREHOUSES.

bonds c. 72

RAILROADS.

alterations of crossings; appeal . c. 112
automatic signals at crossings . . c. 112
branches near state house . . . c. 112
betterments for changes at crossings

c. 112

Subjects of New Legislatiox, 1885. cxix

RAILROADS —Continued.

carryiiii? liodies of persons dying of

contagious diseases .... c. 32
cash ftires on cars regulated . . . c. 112
certain notes and bonds to be valid c. 112

color blindness c. 112

consent of town or city where public

property is taken . '. . . . c. 112

death of employees c. 112

discrimination in rates . . . . c. 112

disorderly persons on c. 207

fences c. 112

gates and flagmen at grade crossings c. 1 12

land for new tracks c. 112

locations near state house . . . c. 112

police, tenure of office c. 103

relief societies of employees . . c. 115
safety couplers on freight cars . . c 112

signals protected c. 112

salary of commissioners payable

monthly c. 112

salary of accountant and clerk . . c. 112
street crossings, power to regulate c. 112
testing locomotive boilers . . . c. 112
tools and safeguards against fire for

cars c. 112

whistling may be regulated . . . c. 112
REAL ESTATE.

held by savings banks, time of sale c. 116
sale for taxes c. 12

RECORD.

of transfers of dog licenses . . . c. 102
of burial lots.

See Cemeteries.

RECEIVERS.

time of appointment c. 105

See Insurance Companies ; Savings Banks.

REFORM SCHOOL.

age limited to fiftfen c. 89

for boys, changed to Lyman school c. 89

REFORMATORY PRISON FOR MEN.

established c. 221

who may sentence to and for what c. 221

removal to c. 221

removal from when insane . . . c. 222

REFORMATORY PRISON FOR
WOMEN.

cost of removal of prisoners . . c. 219

escapes are punished c. 221

oflSce of treasurer and steward abol-
ished c. 221

salary of deputy superintendent . c. 221
schoolmistress and chaplain . . c. 221

REGISTERS OP DEEDS.

women may be assistant .... c. 24

REGISTERS OP PROBATE.

salaries c. 158

REGISTRARS.

temporary c. 6

REGISTRATION OP VOTERS.

errors by assessors c. 6

errors in names c. 6

revised c. 6

REGISTRY OP DEEDS.

indexes c. 24

new in Worcester c. 24

REINSURANCE.

regulated c. 119

RELIEF SOCIETIES.

by railroad and steamboat em-
ployees c. 115

RELIGIOUS SOCIETIES.

trustees of c. 39

REPORTS.

number to be printed c. 4

REPRESENTATIVES, HOUSE OF.

pay of members c. 2

of officers c. 2

RETURNS.

of foreign insurance companies . c. 10-5

REVIEW.

stay of execution without security c. 187

ROGUES, ETC.

how punished c. 207

SALES.

conditional, of household furniture

or goods c. 192

of coal by measure c. 60

of commercial fertilizers .... c. 60
of poultry c. 58

SALARIES.

auditor and his clerk c. 16

clerks and assistant clerks of senate

and house c. 2

. clerks of savings bank commission-
ers c. 115

commissioner of state aid ... c. 30

county officers cc. 22, 23

district attorneys, etc c. 17

district courts c. 154

deputy superintendent of reformatory

prison for women c. 221

engineer at state prison . . . . c. 221
executive clerk of governor . . . c. 15

executive messenger c. 15

first clerk of secretary c. 15

governor c. 15

judges and clerks c. 154

judges of superior court . . . . c. 152
members of legislature .... c._2

officers of court c. 159

officers of general court .... c._2
officers of police courts, etc. . . c. 154
officers of probate courts, . . . c. 158
officers of state library .... c. 5

officers of state prison c. 221

private secretary of governor . . c. 15

police courts c. 154

probate courts c. 158

railroad commissioners, clerk and ac-
countant c. 118

secretary of the Commonwealth . c. 15

sergeant-at-arms c. 5

sheriff's c. 25

treasurer c. 16

SAVINGS BANKS.

books of insolvent c. 116

investments c. 116

liability to limited c. 116

limit to loans to, on personal se-
curity c. 116

names of board of investment to be
published c. 116

cxx

Subjects op jS'ew Legislation, 1885.

SAVINGS BANKS -Continued.

notices of special meetings . . . c. 116
only one place of business . . . c. 116
orders are payable after death . . c. 116
salaries of clerks of commissioners c. 116
storage of books of insolvent . . c. 116

taxation c- 116

time for selling real estate . . . c. 116
unclaimed money in receivers' hands c. 116

SAFETY FUND AND LOAN ASSO-
CIATIONS.

Ste Co-operative Associations.

SCHOOLS.

children sick with contagious dis-
eases c. 47

books and apparatus may be pro-
cured for c. 44

enticing from school punished . . c. 48
instruction in, hand tools .... c. 44
in physiology and hygiene . . . c. 44
sales of liquor near c. 100

SCHOOL BOOKS AND SUPPLIES.

to be furnished c. 44

dues or taxes for, may be abated cc. 11, 44

SCHOOL FOB FEEBLE-MINDED,
notices of applications for admission c. 87

SCHOOL DISTRICTS.

abolished c. 45

towns to sue or defend for . . . c. 45

SCHOOLS. EVENING.

attendance of children .... c. 47
establishment of, in certain cities . c. 44

SCHOOL FUND.

distribution of . c. 43

SEALERS OF WEIGHTS AND MEAS-
URES.

appointment of c. 6o

SEARCH WARRANT.

for liquor; by whom issued . . c. 100

for pool tickets c. 212

SERGEANT- AT- ARMS.

snlary of c. 5

SEATS.

for female employees c. 74

SECRETARY OF COMMONWEALTH.

clerks . c. 15

salary of c. 15

salary of third clerk c. 15

SENATE.

pay of members c. 2

compensation of officers .... c. 2

salary of clerk and assistant clerk c. 2

SENTENCE.

tojailinsteadof house of correction c. 215
successive c. 215

SETTLEMENT.

of title c 176

SEWER ASSESSMENTS.

redemption of land sold for . . . c. 50

SHADE TREES.

taxing for c. 27

SHERIFF.

may adjourn police or district courts c. 154
process for or against, how served c. 25

SHIPS.

See Pilots.

SKATING RINKS.

licensing , . . c. 102

SOLDIERS.

headstones or monuments for . . c. 27

parading with arms c. 14

state aid extended c. 30

may be entrusted to grand army
posts c. 30

STATE DOCUMENTS.

numl)er and distribution of . . . c 4

SMALL-POX.

local boards of health to notify state

board c. 80

transportation of bodies of persons

dying of c. 32

SPECIAL JUSTICES.

fees at inquests c. 26

STATE AID. „„

extended c. 30

may be entrusted to grand army
posts c. 30

STATE DOCUMENTS.

number to be printed c. 4

STATE LIBRARY.

clerks c. o

annual appropriation for books . c. 5

STATE LUNATIC HOSPITALS.

number and sex of trustees ... c. 87
female physician for c. 87

STATE PRISON.

officers c. 221

salary of engineer c. 221

removed to Boston c. 221

STATE OFFICERS.

advances for small expenses. . . c. lb

STATE WORKHOUSE.

location changed c. 88

persons leaving and begging punished

c. 88

removals from c. 221

who sentenced to cc. 207, 219

STATUTES.

tables and indexes c. 4

STEAMBOAT EMPLOYEES.

relief societies c. llo

STEAMBOAT POLICE.

See District Police.

STENOGRAPHERS.

superior court may appoint , . . c. loy

STICKERS. , , „ .

detached, not to be counted as ballots c. /

STOCKS. ,-,

records of transfers c. luo

STREETS.

See Ways.

SUPCENA. ^ , ,._

by justice of the peace c. Ifay

SUPERIOR COURT.

criminal term in Essex changed . c. 1d2
in Plvmouth may adjourn to Brock-
ton c. 152

clerks may use fac-simile of signature

c. 159
jurisdiction in equity ; pleadings and

practice c. 152

may appoint stenographers . . . c. 159

Subjects of New Legislation, 1885. cxxi

SUPERIOR COURT — Continued.

removal of actions from . . . . c. 152

salaries of justices c. 152

salaries of officers c. 159

trial list in criminal cases . . . . c. 214

SUPERVISORS OF ELECTIONS.

swearing of c. 7

SUPREME JUDICIAL COURT.

term in Worcester changed . . . c. 150
justices may retire on salary . . c. 150

frivolous appeals c. 150

full court defined c. 150

TAXATION.

costs on appeal for abatement . . c. 11
debts which are to be deducted from

assets c 11

errors in tax bills e. 6

exemptions c. 11

foreign corporations .... cc. 13, 106
horticultural societies exempt . . c. 11

limitation of c. 11

lists and returns of charities . cc. 11, 13

mortgaged real estate c. 11

over or under valuation punished . c. 27
personal property of assignees, joint

owners, etc c. 11

sale of property taken for ... c. 12
for school hooks may be abated cc. II, 44

savings banks cc. 13, 116

surrender of title to city .... c. 12
title insurance companies . . . . c. 13

telephone companies c. 13

valuation books c. 11

valuation established c. 11

TAX SALES.

purchase by collector c. 12

surplus from c. 12

purchaser must file certificate of resi-
dence ......... c. 12

TELEGRAPHS AND TELEPHONES.

cannot enter property c. 109

damages to abutters "on streets . . c. 109

liability established c. 109

names to l)e put on posts . . . . c. 109
discrimination forbidden . . . . c. 109

TELLERS.

at town meetings c. 7

TEMPORARY LOANS.

in cities and towns c. 29

TEN HOUR LAW.

evidence of age c. 74

employment of children .... c. 48
mercantile establishments ... c. 74
notices of hours of labor .... c. 74

TENEMENT HOUSES.

fire escape c. 104

TIDE WATERS.

removal of obstructions in ... c. 97

TIMBER.

in Connecticut river c. 94

TITLE INSURANCE COMPANIES.

authorized c. 106

taxation of c. 13

TOMBS.

closing of c. 82

TOOLS.

instruction in use of c. 44

TOWNS.

annual payment of debts instead of

sinking funds c. 29

may receive funds for burial places c. 82

culture of trees c. 27

defacing warrants punished . . . c. 203
election of assessors and overseers of

the poor c. 27

evening schools in certain . . . c. 44
headstones or monuments for sol-
diers c. 27

indexes of records c. 37

issue of bonds, notes, etc. . . . c. 29
may lease public buildings to grand

army c. 27

may regulate inspectors ot petro-
leum c. 102

meetings c. 27

new division of wards when to take

effect c. 28

notice of highway injuries . . . c. 52

parks c. 27

returns of sinking funds .... c. 11

regulation of carriages c. 28

taxing for shade trees c. 27

temporary loans c. 29

to sue or defend for school districts c. 4-5
tellers may be appointed .... c. 7

TOY PISTOLS.

sale forbidden c. 102

TRAMPS.

persons leaving almshouse or work-
house and begging . . . cc. 87, SS
who are, and how punished . . . c. 207

TREASURER, STATE.

adduional clerk c. 16

extra clerks c. 16

salary c. 16

standard of exchange c. 16

TREES.

act need not be accepted . . . . c. 54

land taken for by cities .... c. 27

may be planted by cities .... c. 54

removal of in ways c. 52

TRESPASS.

on public lands c. 203

TRIALS.

day may be fixed by agreement . c. 167
trial justice failing to attend . . c. 212
where more than one shire town . c. 167
See Juvenile Offenders.

TRIAL JUSTICES.

jurisdiction in milk cases . . . . c. 155
power to sentence where to reforma-
tory c. 155

proceedings where he fails to at-
tend c. 212

TRIAL LIST.

criminal in superior court . . . . c. 214

TRUANT SCHOOLS.

union truant schools c. 48

TRUSTEE PROCESS.

costs c. 183

return, appearance and answer . . c. 183

UNITED STATES.

jurisdiction of land for fish commis-
sioners c. I

cxxii Subjects of New Legislation, 1885.

VETO.

of separate items c. 28

VINEGAR.

adulteration of c. 60

inspection of c. 60

pay of inspectors c. 60

VOLUNTARY SOCIETIES.

embezzlement by otficers ... c. 203

VOTERS.

person not qualified punished . . c. 7
See Registration; Election; Registra-
tion OF VOTEKS.

VOTING LIST.

See Check List.
WARDS.

new division c. 28

return of inhabitants and voters by c. 28
See Towns.
WAREHOUSES.

public c. 72

WARRANTS.

by justices of the peace . . . . c. 15.5
See Search Warrants; Toavns.

WATCHMEN.

in boarding houses, hotels, etc. . . c. 104

WATER SUPPLY.

bathing in ponds forbidden ... c. 80
pollution may be restrained . . . c. 80
supervision of c. 80

WAYS.

removal of trees in c. 52

See Highways.

WEIGHTS AND MEASURES.

for cranberries ....... c. 60

for coal c. 60

possession of unlawful punished . c. 65

WIPE.

See Married Woman.
WILD DUCKS.

protection of c. 92

WILL.

expenses of proving c. 130

WITNESSES.

attendance before special tribunal c. 169
before police commissioners . . . c. 169

binding over c. 212

fees at inquests c. 26

fees for summoning c. 199

power of justices to summon cc. 155,169

WOMEN.

authorized to administer oaths . . c. 18

employment of c. 74

female phvsician for lunatic hospitals

c. 87
may be assistant register of deeds . c. 24

may practice law c. 159

See Employment; Married Women; Re-
formatory Prison.

WOODEN FLUES.

forbidden c. 104

WORCESTER COUNTY.

divided for registry . . . ... . c. 24

terms of supreme court in . . . e. 150

WORKHOUSE.

transfer of inmates c. 88

trustees c. 88

WRECKS.

disposal of c. 97

commissioners of, bond and powers c. 97

removal of c. 79

sa?'"'

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